HomeMy WebLinkAboutRESOLUTION - 7-97 - 2/11/1997 - LABOR AGREEMENT/PUBLIC WORKS RESOLUTION NO. 7-97
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE A LABOR AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 150
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1: That the Village Manager be and is hereby authorized
to sign the attached document marked:
Collective Bargaining Agreement between the Village
of Elk Grove Village and the International union of
Operating Engineers, Local 150, effective September
15, 1996 through April 30, 1999.
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said document upon the
signature of the Village Manager.
Section 2 : That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTE: AYES: 6 NAYS: O ABSENT: D
PASSED this 11th day of February 1997.
APPROVED this lith day of February 1997.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
TABLE OF CONTENTS
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I RECOGNITION . . . . . . . . . . . . . . . 1
SECTION 1 . 1 : RECOGNITION . . . . . . . . . . . . . . . 1
SECTION 1 .2 : NEW CLASSIFICATIONS . . . . . . . . . . . 1
ARTICLE II UNION RIGHTS . . . . . . . . . . . . . . . 2
SECTION 2 . 1 : UNION ACTIVITY DURING WORKING HOURS . . . 2
SECTION 2 . 2 : TIME OFF FOR UNION ACTIVITIES . . . . . . 2
SECTION 2 . 3 : UNION BULLETIN BOARDS . . . . . . . . . . 2
SECTION 2 . 4 : UNION STEWARDS . . . . . . . . . . . . . . 2
ARTICLE III UNION DUES/FAIR SHARE CHECKOFF . . . . . . 2
SECTION 3 . 1 : DEDUCTIONS . . . . . . . . . . . . . . . . 2
SECTION 3 . 2 : FAIR SHARE . . . . . . . . . . . . . . . . 3
SECTION 3 . 3 : APPEAL PROCEDURE . . . . . . . . . . . . . 3
SECTION 3 . 4 : UNION INDEMNIFICATION . . . . . . . . . . 3
ARTICLE IV HOURS OF WORK AND OVERTIME . . . . . . . 4
SECTION 4 . 1 : WORKDAY/WORKWEEK . . . . . . . . . . . . . 4
SECTION 4 . 2 : LUNCH/REST PERIOD . . . . . . . . . . . . 4
SECTION 4 . 3 : OVERTIME REST PERIOD . . . . . . . . . . . 5
SECTION 4 . 4 : OVERTIME MEAL PERIOD . . . . . . . . . . . 5
SECTION 4 .5 : OVERTIME COMPENSATION . . . . . . . . . . 5
SECTION 4 . 6 : OVERTIME DISTRIBUTION . . . . . . . . . . 5
SECTION 4 . 7 : OVERTIME ASSIGNMENT . . . . . . . . . . . 6
SECTION 4 . 8 : CALLBACK . . . . . . . . . . . . . . . . . 7
SECTION 4 . 9 : STANDBY ASSIGNMENTS . . . . . . . . . . . 7
SECTION 4 . 10 : NO PYRAMIDING . . . . . . . . . . . . . . 7
SECTION 4 . 11 : APPLICATION OF ARTICLE . . . . . . . . . . 8
ARTICLE V SENIORITY . . . . . . . . . . . . . . . . 8
SECTION 5. 1 : DEFINITION . . . . . . . . . . . . . . . . 8
SECTION 5 .2 : BREAKS IN SERVICE . . . . . . . . . . . . 8
SECTION 5 . 3: SENIORITY LIST . . . . . . . . . . . . . . 8
SECTION 5 . 4: PROBATIONARY PERIOD . . . . . . . . . . . 9
ARTICLE VI FILLING OF VACANCIES . . . . . . . . . . . 9
SECTION 6 . 1 : PERMANENT VACANCY . . . . . . . . . . . . 9
SECTION 6 .2 : POSTING . . . . . . . . . . . . . . . . . 9
SECTION 6. 3: SELECTION . . . . . . . . . . . . . . . . 9
ARTICLE VII LAYOFF AND RECALL . . . . . . . . . . . . 10
SECTION 7 . 1 : DEFINITION AND NOTICE . . . . . . . . . 10
SECTION 7 . 2 : LAYOFF PROCEDURE . . . . . . . . . . . . . 10
SECTION 7 . 3 : RECALL . . . . . . . . . . . . . . . . . . 10
ARTICLE VIII DISCIPLINARY PROCEDURES . . . . 11
i
ARTICLE IX GRIEVANCE PROCEDURE . . . . . . . . . . . 11
SECTION 9 . 1 : DEFINITION . . . . . . . . . . . . . . . . 11
SECTION 9 . 2 : PROCESSING OF GRIEVANCE . . . . . . . . . 11
SECTION 9 . 3 : GRIEVANCE STEPS . . . . . . . . . . . . . 12
SECTION 9 . 4 : GRIEVANCE FORMS . . . . . . . . . . . . . 14
SECTION 9 . 5 : TIME LIMITS . . . . . . . . . . . . . . . 14
SECTION 9 . 6 : PAID TIME . . . . . . . . . . . . . . . . 14
ARTICLE X HOLIDAYS . . . . . . . . . . . . . . . . 14
SECTION 10 . 1 : GENERAL INFORMATION . . . . . . . . . . . 14
SECTION 10 .2 : SPECIFIC APPLICATIONS . . . . . . . . . . 14
SECTION 10 . 3 : HOLIDAY PAY . . . . . . . . . . . . . . . 15
SECTION 10 .4 : FLOATING HOLIDAYS . . . . . . . . . . . . 15
ARTICLE XI VACATIONS . . . . . . . . . . . . . . . . 15
SECTION 11 . 1 : VACATION ACCRUAL . . . . . . . . . . . . 15
SECTION 11 .2 : VACATION USAGE . . . . . . . . . . . . . 15
SECTION 11 . 3 : VACATION PAY . . . . . . . . . . . . . . 16
SECTION 11 . 4 : VACATION SELECTION . . . . . . . . . . . 16
SECTION 11 . 5 : VACATION LEAVE RESTRICTIONS . . . . . . . 16
SECTION 11 . 6: VACATION PAY UPON DEATH OF EMPLOYEE . . . 17
SECTION 11 .7 : LIMITATION ON ACCUMULATION OF VACATION 17
ARTICLE XII LEAVES OF ABSENCE . . . . . . . . . . . . 18
SECTION 12 . 1 : SICK LEAVE . . . . . . . . . . . . . . . 18
SECTION 12 .2 : EMERGENCY LEAVE . . . . . . . . . . . . . 19
SECTION 12 . 3 : MATERNITY/PATERNITY LEAVE . . . . . . . . 19
SECTION 12 . 4 : DISABILITY LEAVE . . . . . . . . . . . . 19
SECTION 12 .5 : FUNERAL LEAVE . . . . . . . . . . . . . . 19
SECTION 12 . 6 : MILITARY LEAVE . . . . . . . . . . . . . 19
SECTION 12 . 7 : JURY OR WITNESS DUTY LEAVE . . . . . . . 20
SECTION 12 . 8 : FAMILY AND MEDICAL LEAVE . . . . . . . . 21
SECTION 12 . 9 : TIME OFF TO VOTE . . . . . . . . . . . . 22
SECTION 12 . 10 : DISCRETIONARY LEAVE OF ABSENCE . . . . . 22
ARTICLE XIII HEALTH INSURANCE . . . . . . . . . . . . 22
SECTION 13 . 1 : HEALTH INSURANCE COVERAGE . . . . . . . . 22
SECTION 13 .2 : COST OF MEDICAL AND DENTAL INSURANCE . . 22
SECTION 13 . 3 : TERM LIFE INSURANCE . . . . . . . . . . . 22
SECTION 13 . 4 : EMPLOYEE ASSISTANCE PROGRAM (EAP) . . . . 23
SECTION 13 .5 : SECTION 125 FLEX PROGRAM . . . . . . . . 23
SECTION 13 . 6 : COST CONTAINMENT . . . . . . . . . . . . 23
ARTICLE XIV EMPLOYEE TRAINING AND EDUCATION . . . . . 23
SECTION 14 . 1 : POLICY . . . . . . . . . . . . . . . . . 23
SECTION 14 .2 : REIMBURSED TRAINING . . . . . . . . . . . 23
SECTION 14 . 3 : EDUCATIONAL INCENTIVE . . . . . . . . . . 24
SECTION 14.4 : CROSS-TRAINING . . . . . . . . . . . . . 24
ARTICLE XV SAFETY . . . . . . . . . . . . . . . . . 24
SECTION 15 . 1 : UNSAFE CONDITIONS . . . . . . . . . . . . 24
SECTION 15 . 2 : SAFETY GRIEVANCE . . . . . . . . . . . . 24
ii
ARTICLE XVI LABOR-MANAGEMENT MEETINGS . . . . . . . . 25
SECTION 16 . 1 : MEETING REQUEST . . . . . . . . . . . . . 25
SECTION 16 . 2 : CONTENT . . . . . . . . . . . . . . . . . 25
SECTION 16 . 3 : REPRESENTATION . . . . . . . . . . . . . 25
ARTICLE XVII SUBCONTRACTING . . . . . . . . . . . . . 25
SECTION 17 . 1 : GENERAL POLICY . . . . . . . . . . . . . 25
SECTION 17 . 2 : MEET AND DISCUSS . . . . . . . . . . . . 25
ARTICLE XVIII UNIFORMS, TOOLS AND EQUIPMENT . . . . . . 25
SECTION 18 . 1 : UNIFORMS . . . . . . . . . . . . . . . . 25
SECTION 18 . 2 : PROTECTIVE CLOTHING . . . . . . . . . . . 26
SECTION 18 . 3 : WINTER CLOTHING . . . . . . . . . . . . . 26
ARTICLE XIX PERSONNEL RECORDS . . . . . . . . . . . . 26
SECTION 19 . 1 : PERSONNEL RECORDS . . . . . . . . . . . . 26
SECTION 19 .2 : RIGHT OF INSPECTION AND COPIES . . . . . 26
ARTICLE XX NON-DISCRIMINATION . . . . . . . . . . . 26
SECTION 20 . 1 : PROHIBITION AGAINST DISCRIMINATION . . . 26
SECTION 20 . 2 : UNION ACTIVITY . . . . . . . . . . . . . 26
ARTICLE XXI NO STRIKE / NO LOCKOUT . . . . . . . . . 27
SECTION 21 . 1 : NO STRIKE . . . . . . . . . . . . . . . . 27
SECTION 21 . 2 : NO LOCKOUT . . . . . . . . . . . . . . . 27
ARTICLE XXII MANAGEMENT RIGHTS . . . . . . . . . . . 27
SECTION 22 . 1 : MANAGEMENT RIGHTS . . . . . . . . . . . . 27
SECTION 22 .2 : BUDGETARY AUTHORITY . . . . . . . . . . . 27
ARTICLE XXIII WAGES . . . . . . . . . . . . . . . . . . 28
SECTION 23 . 1 : WAGE RATES . . . . . . . . . . . . . . . 28
SECTION 23 . 2 : LONGEVITY . . . . . . . . . . . . . . . . 28
ARTICLE XXIV DRUG AND ALCOHOL POLICY . . . . . . . . . 28
ARTICLE XXV SAVINGS CLAUSE . . . . . . . . . . . . . 28
ARTICLE XXVI ENTIRE AGREEMENT . . . . . . . . . . . . 28
ARTICLE XXVII TERMINATION . . . . . . . . . . . . . . . 29
APPENDIX A WAGES . . . . . . . . . . . . . . . . . . 30
APPENDIX B DRUG AND ALCOHOL POLICY . . . . . . . . . 33
I . PROHIBITIONS . . . . . . . . . . . . . . . . . . . 33
A. Prohibited Alcohol-Related Conduct . . . . . . 33
B. Prohibited Drug-Related Conduct . . . . . 33
C. Reporting Requirements for Prescribed
Controlled Substances . . . . . . . . . . . . 34
iii
II . CATEGORIES OF TESTING . . . . . . . . . . . . . . . 34
A. Post-Accident Testing . . . . . . . . . . . . 34
B. Random Testing . . . . . . . . . . . . . . . . 35
C. Reasonable Suspicion Testing . . . . . . . . . 36
D. Return to Duty Testing . . . . . . . . . . . . 37
E . Follow-Up Testing . . . . . . . . . . . . . . 37
III . TESTING PROCEDURES . . . . . . . . . . . . . . . . 38
A. Drug Testing Procedures . . . . . . . . . . . 38
B. Alcohol Testing Procedures . . . . . . . . . . 41
IV. CONSEQUENCES OF POSITIVE TEST RESULTS . . . . . . . 43
A. Confirmed Breath Alcohol Test Result Between
0 . 02 and 0 . 04 . . . . . . . . . . . . . . . . 43
B . Confirmed Breath Alcohol Test Result of 0 . 04
or More or Other Prohibited Alcohol Conduct 43
C. Confirmed Positive Urine Drug Test . . . . . . 44
D. Discipline . . . . . . . . . . . . . . . . . . 44
E. Refusal to Test . . . . . . . . . . . . . . 44
V. CONFIDENTIALITY OF RECORDS . . . . . . . . . . . . 45
A. Employee Entitled to Information . . . . . . . 45
B. Conditions Under Which the Village Must
Release Records . . . . . . . . . . . . . . . 45
VI . EMPLOYEE ASSISTANCE PROGRAM . . . . . . . . . . . . 45'
A. Voluntary Referral . . . . . . . . . . . . . . 45
B. Confidentiality of Referral . . . . . . . . . 46
C. Rehabilitative Leave of Absence . . . . . . . 46
APPENDIX C VACATION ACCRUAL CHART . . . . . . . . . 47
APPENDIX D GRIEVANCE INITIATION FORM . . . . . . . . 48
iv
PREAMBLE
In order to establish harmonious employment relations through
a mutual process, to specify wages, hours, benefits and working
conditions, and to provide for the prompt and equitable resolution
of disputes , the parties agree as follows :
AGREEMENT
This Agreement has been made and entered into by and between
the Village of Elk Grove Village, Illinois, (hereinafter referred
to as the "Village" ) and the International Union of Operating
Engineers, Local 150 (hereinafter referred to as the "Union" ) , on
behalf of certain employees described in Article I .
ARTICLE I
RECOGNITION
SECTION 1.1: RECOGNITION
The Village recognizes the Union as the sole and exclusive
bargaining representative in all matters establishing and
pertaining to wages and salaries, hours, working conditions and
other conditions of employment for employees within the following
collective bargaining unit, as certified by the Illinois State
Labor Relations Board:
All full-time employees of the Village of Elk Grove Village
Department of Public Works in the following classifications :
Custodian, Automobile Service Worker, Maintenance Worker,
Mechanic, Meter Reader, Toolroom Attendant and Utility System
Operator.
Excluded: All other employees of the Public Works Department
and of the Village of Elk Grove Village and all confidential,
managerial and supervisory employees of the Village as those
terms are defined by the Illinois Public Labor Relations Act.
SECTION 1.2 : NEW CLASSIFICATIONS
The Village shall notify the Union of its decision to
implement any and all new classifications pertaining to work of a
nature performed by employees within the bargaining unit.
If the new classification is a successor title to a
classification covered by this Agreement and the job duties are not
significantly altered or changed, the new classification shall
automatically become a part of this Agreement and the parties shall
jointly file the appropriate petition for accretion with the
Illinois State Labor Relations Board. If there is a question on
whether a new classification should be part of the bargaining unit,
the parties will meet to discuss the matter prior to
implementation.
1
ARTICLE II
UNION RIGHTS
SECTION 2. 1: UNION ACTIVITY DURING WORKING HOURS
It is to the benefit of the parties that issues of concern be
discussed prior to entering the formal grievance procedure.
Whenever possible, such discussions between bargaining unit
employees and Stewards, with or without supervision, shall be held
during non-working time.
SECTION 2.2 : TIME OFF FOR UNION ACTIVITIES
Union Stewards shall be allowed time off without pay for
legitimate Union business, such as Union meetings and State or
International conventions, provided such representative gives
reasonable prior notice to his/her supervisor of such absence. The
employee may utilize any accumulated time off (Holiday, Personal,
Vacation Days , etc. ) in lieu of the employee taking such without
pay.
SECTION 2.3: UNION BULLETIN BOARDS
The Village shall provide the Union with space on an existing
bulletin board or provide the Union a place to hang their own
bulletin board at the following work locations :
1) West Side Garage lunch room;
2 ) East Side garage time clocks - one upstairs, one
downstairs;
3) Village Hall Maintenance Office Storage Area (next to
office) .
The boards or space shall be for the sole and exclusive use of
the Union, subject to supervisory approval . Said approval shall
not be unreasonably denied. The items posted shall not be
political, partisan, defamatory, or inflammatory in nature.
SECTION 2.4: UNION STEWARDS
Duly authorized representatives of the Union shall be
designated by the Union as Stewards . The Union may designate up to
three (3) Stewards and will provide written notice to the Village
Manager to identify the Stewards .
ARTICLE III
UNION DUES/FAIR SHARE CHECKOFF
SECTION 3 .1: DEDUCTIONS
The Village agrees to deduct Union membership dues each pay
period from the pay of those employees who are Union members and
who have on file with the Village a voluntary checkoff
authorization. The Union shall certify the current amount of Union
deductions for each employee.
Upon receipt of an appropriate written authorization from an
2
employee, such authorized deductions shall be made in accordance
with the law and shall be remitted to the Union on a monthly basis
at the address designated in writing by the Union. The Union shall
advise the Village of any increases in dues or other approved
deductions in writing at least thirty (30) days prior to its
effective date.
If an employee has no compensation due for a given pay period,
the Village shall inform the Union of this fact and shall not be
responsible for the collection of said dues . The Union agrees to
refund to the employee any amounts of money paid to the Union in
error by the Village.
If an improper deduction is made, the Union shall refund
directly to the employee any such amount and report same to the
Village as soon as is practicable.
SECTION 3 .2 : FAIR SHARE
Pursuant to Section 3 (G) of the Illinois State Labor
Relations Act and amendments thereto, employees covered by this
Article who are not members of the Union or do not make application
for membership, shall be required to pay, in lieu of dues, their
proportionate fair share of the collective bargaining process,
contract administration and the pursuance of matters affecting
wages, hours , terms and conditions of employment, as certified by
the Union.
The proportionate fair share payment, with a letter of
explanation as to that fair share payment, as certified to be
current by the Union pursuant to the Illinois Public Labor
Relations Act, shall be deducted by the Village from the earnings
of the non-member employee each pay period.
The amount of the above employee deductions shall be remitted
to the Union after the deduction(s ) is made by the Village with a
listing of the employee, social security number, address and the
individual employee deduction( s ) , along with deductions remitted
pursuant to this Article.
SECTION 3 .3 : APPEAL PROCEDURE
The Union agrees to provide fair share payers with an appeal
procedure in accordance with applicable law.
SECTION 3.4: UNION INDEMNIFICATION
The Union shall indemnify, defend and save the Village
harmless against any and all claims, demands, suits, or other form
of liability for all costs that shall arise out of or by reason of
action taken or not taken by the Village in complying with the
Provisions of this Article.
3
ARTICLE IV
HOURS OF WORK AND OVERTIME
SECTION 4.1: WORKDAY/WORKWEEK
(A) The normal workday for bargaining unit employees is eight (8 )
consecutive hours, excluding a one-half hour unpaid lunch
period, and the normal workweek is five (5) days, Monday
through Friday.
(B) Normal Starting Time
1) The normal starting time for bargaining unit employees,
unless during summer flex scheduling or unless otherwise
temporarily scheduled as listed below, is between 6: 00
and 7 : 00 a.m. , Monday through Friday.
2 ) The normal starting time for Custodians unless otherwise
temporarily scheduled shall be between 1:00 p.m. and 3 :00
p.m. , Monday through Friday, as assigned by the village.
3 ) The normal starting time for the Meter Reader shall be
7 : 30 a.m. , Monday through Friday.
4) The Village may alter the normal starting time between
6 : 00 a.m. and 7 : 00 a.m. , provided the employee(s )
effected receive at least forty-eight (48 ) hours notice
prior to the time they are to report to duty, except in
emergency situations .
5 ) The Village may temporarily alter the normal starting
time outside of the hours of 6:00 a.m. to 7 :00 a.m. for
special assignments only, provided the employee(s )
effected receive at least forty-eight (48) hours notice
prior to the time they are to report to duty, whenever
possible. Once the special assignment is completed,
employees shall revert back to their normal starting
time.
(C) Summer Flex Time Schedule
During the months of June, July and August, the Village
shall continue to offer flex time scheduling to bargaining
unit employees, so long as any other village employees are
offered flex time scheduling. When on a flex time schedule,
an employee's regular work hours shall be nine (9 ) hours per
day for four (4 ) days, and only four (4) hours on the fifth
day.
SECTION 4.2 : LUNCH/REST PERIOD
There shall be two (2) paid rest periods of fifteen ( 15)
minutes each during each regular shift, as scheduled by
4
supervision. One rest period will occur during the first half of
the work shift and the other will occur during the second half of
the work shift. The normal unpaid lunch period shall be at or
around the mid-point of the shift and last one-half ( 1/2 ) hour.
SECTION 4.3 : OVERTIME REST PERIOD
Employees will not be required to work more than fourteen ( 14 )
consecutive hours without being allowed an eight (8) hour rest
period, except in emergency situations . If the fourteen ( 14) hour
period ends during an employee' s normal work day, the employee may
utilize accrued vacation or floating holiday hours to complete the
remainder of the work day with compensation.
If the eight hour rest period ends during the employee' s
normal work day, he/she may choose to stay past the normal quitting
time and work for eight hours at straight time with supervisory
approval. If the employee does not choose to stay late, he/she may
utilize accrued time to complete the remainder of the work day with
compensation, as listed above.
SECTION 4.4: OVERTIME MEAL PERIOD
Employees who work six ( 6) or more consecutive hours of
overtime will be provided with a paid meal break.
SECTION 4.5: OVERTIME COMPENSATION
The compensation paid employees for overtime work shall be as
follows :
(A) A bargaining unit employee shall be paid at one and one-
half his/her regular hourly rate of pay when required to
work in excess of eight (8) hours in a day or forty (40)
hours in a week, or to work on a designated holiday.
(B) A bargaining unit employee shall be paid at twice his/her
regular hourly rate of pay for all hours worked on
Sundays .
(C) For purposes of this Section, "hours worked" shall
include those hours for which the employee actively
performs services for the Village as well as those hours
which are not worked but are paid for as vacation or
holiday pay. Any other non-worked paid time, such as
sick time, will not be counted as hours of work for
overtime calculation purposes.
SECTION 4.6: OVERTIME DISTRIBUTION
The Village shall have the right to determine when overtime
work is necessary. The Village shall distribute overtime as
equally as possible among qualified bargaining unit employees in
the division that normally performs the work in which overtime is
needed.
Overtime assignments shall not be offered to non-bargaining
unit personnel until all bargaining unit employees are offered the
5
overtime assignment.
SECTION 4.7 : OVERTIME ASSIGNMENT
Employees scheduled for overtime assignments have the
opportunity of providing a qualified alternate with supervisory
approval. When assigning overtime work, the Village will follow
the following guidelines .
(A) Scheduled Overtime
The Village shall provide at least forty-eight (48 ) hours
advance notice of scheduled overtime assignments except in
emergency situations (e.g. snow removal, de-icing operations,
etc. ) wherein such period may be reduced.
(B) Continuation of Task Overtime
Bargaining unit employees performing a task during normal
working hours shall be required to complete the task on
overtime if determined necessary by the Village, provided they
are given four (4) hours notice of the overtime assignment.
When less than four (4) hours notice is given, an employee
shall be excused from the assignment if he/she has a
scheduling conflict which prevents him/her from staying beyond
the normal workday. Employees given the requisite notice
shall be excused from continuation of task overtime if they
provide a qualified alternate to cover their responsibility.
(C) Emergency Overtime Assignments
Emergency overtime assignments shall be offered first to
qualified bargaining unit employees in the division that
normally performs such assignments . If additional personnel
are needed, bargaining unit employees outside the respective
division shall be offered the assignment. If more employees
are needed after all qualified bargaining unit personnel have
been offered the assignment, the Village shall have the right
to assign the overtime.
(D) Ice Control Overtime
Routes for ice control operations shall be pre-assigned
to employees within the Street Division prior to the start of
the season and will be effective the entire season. Employees
with route assignments may obtain temporary relief of
assignment by designating a qualified alternate to replace
them for a specific period of time, provided they give notice
to supervision. The Village shall find replacements from the
Street Division, if any are available, for employees assigned
to ice control who are on vacation or sick leave, and shall
give the alternate forty-eight (48 ) hours ' notice whenever
possible.
(E) Snow Control Overtime
The same provisions shall apply for snow control as are
provided for Ice Control.
6
SECTION 4.8: CALLBACK
A "callback" is defined as an official assignment of work
which does not continuously precede or follow an employee' s
regularly scheduled working hours . "Callbacks" shall be
compensated for at the appropriate rate of pay, as stated above,
for all hours worked on "callback" , with a guaranteed minimum of
two (2 ) hours at the appropriate rate of pay.
SECTION 4.9: STANDBY ASSIGNMENTS
(A) Weekends and Holidays - Maintenance and Mechanics
(1) Each weekend and on all designated holidays, two (2)
Maintenance Workers and one ( 1) mechanic shall be issued
pagers for standby duty. The standby employees shall be
selected from a list which rotates among relevant
employees . A Maintenance Worker or Mechanic selected for
weekend standby assignment may find a replacement to
cover his/her shift and carry the pager, provided he/she
gives prior written notice to the Director or his/her
designee.
(2 ) Weekend and holiday standby assignments for Mechanics
shall remain consistent with prior practice and
procedure.
(3) Standby employees shall be paid $45 for weekend standby
assignments, and $60 for holiday standby assignments .
Standby employees shall be compensated at the hourly rate
with the minimum callback guarantee as stated above.
(B) Weekends and Holidays - Utility Service Operators
( 1) Each weekend and on all designated holidays, one (1)
Utility Service Operator (USO) shall be issued a pager
for standby duty. The standby employee shall be selected
from a list which rotates among the USOs . The USO
selected for weekend standby assignment may find a
replacement to cover his/her shift and carry the pager,
provided he/she gives prior written notice to the
Director or his/her designee.
(2 ) Standby USOs shall be paid $45 for weekend standby
assignments and $60 for holiday standby assignments, and
shall be compensated at the appropriate hourly rate as
stated above. If the USO is called during his/her
standby shift, he/she shall receive the minimum callback
guarantee of Section 4 .8 .
SECTION 4. 10: NO PYRAMIDING
Compensation shall not be paid more than once for the same
hours under any provision of this Agreement, unless otherwise
7
provided for in this Agreement.
SECTION 4.11: APPLICATION OF ARTICLE
This Article is intended only as a basis for calculating
overtime payments and nothing in this Article or Agreement shall be
construed as a guarantee of hours of work per shift, per week, per
work period, or any other period of time.
ARTICLE V
SENIORITY
SECTION 5. 1: DEFINITION
For the purpose of this Agreement, seniority shall be defined
as an employee' s length of full-time service (in a non-supervisory
capacity) with the Department of Public Works since his/her initial
date of hire. Seniority shall accumulate during all authorized
paid leaves of absence. If more than one person is hired on the
same day, seniority preference will be established alphabetically.
SECTION 5.2: BREAKS IN SERVICE
An Employee' s seniority and service record shall be broken by:
(A) Voluntary resignation;
(B) Discharge for just cause;
(C) Retirement;
(D) Failure to respond to recall from layoff within fourteen
( 14 ) calendar days or failure to report to work at the
prescribed time following notice of recall; or
(E) Absence for three ( 3) consecutive scheduled workdays
without notice to the Village (except for good cause
shown due to circumstances totally beyond the control of
the employee) .
(F) Failure to report to work at the conclusion of an
authorized leave of absence or vacation, except for good
cause shown due to circumstances totally beyond the
control of the employee.
However, if an employee returns to work in any capacity within
twelve ( 12 ) months, the break in continuous service shall be
removed from his/her record.
SECTION 5.3: SENIORITY LIST
On or about October 1 of each year, the Village will post a
seniority list of all employees in the bargaining unit setting
forth each employee's seniority date. The Village shall provide
copies of the list to all Union stewards and mail a copy to the
8
Union offices . The Village shall not be responsible for any errors
in the seniority list unless such errors are brought to the
attention of the Village in writing within twenty (20) business
days after the Union' s receipt of the list.
SECTION 5.4: PROBATIONARY PERIOD
An employee is probationary for the first twelve months of
employment. Time absent from duty during the probationary period
shall not apply toward satisfaction of the probationary period.
A probationary employee shall have no recourse to the grievance
procedure.
A probationary employee shall have no seniority, except for
purposes of bidding for scheduled time off, pursuant to this
Agreement, until he/she has completed the required probationary
period. Upon such completion, he/she shall acquire seniority
retroactively from the date of employment.
ARTICLE VI
FILLING OF VACANCIES
SECTION 6.1: PERMANENT VACANCY
A permanent vacancy is created when the Village determines to
increase the work force or fill a position when any of the
following personnel transactions take place within the bargaining
unit: terminations, promotions, resignations, transfers or
demotions .
SECTION 6.2: POSTING
Whenever a permanent vacancy occurs in an existing job
classification or as a result of the development or establishment
of new -job classifications, a notice of such vacancy shall be
posted on all bulletin boards for ten ( 10) working days . During
this period, employees who wish to apply for such vacancy,
including employees on layoff, may do so by submitting a written
request to the Human Resources Office.
SECTION 6.3: SELECTION
The Village shall fill the permanent vacancy by promoting or
transferring the most senior employee in the bargaining unit,
provided the employee is qualified or could become qualified to do
the job with a reasonable period of training. Qualifications shall
be based upon skill, ability, experience and training. A non-
bargaining unit applicant will not be hired or otherwise placed
into the bargaining unit unless current employees are not qualified
for the permanent vacancy subsequent to submission of applications .
9
ARTICLE VII
LAYOFF AND RECALL
SECTION 7 . 1: DEFINITION AND NOTICE
A layoff is defined as a reduction in bargaining unit
positions . The village shall give the Union as much advance notice
as is possible of any layoffs, but no less than three weeks
(twenty-one (21 ) calendar days ) .
SECTION 7 .2: LAYOFF PROCEDURE
The Village, in its discretion, shall determine whether a
layoff is necessary. Should it become necessary to reduce the work
force, employees shall be laid off from within their classification
in inverse order of seniority. Prior to laying off any bargaining
unit employee(s) , all seasonal, temporary, probationary or part-
time employees in the effected classification shall be laid off or
terminated. Other non-bargaining unit employees qualified to
perform bargaining unit work shall not be utilized to perform such
work in the effected classification while a layoff condition
exists .
When the least senior employee(s) in an effected
classification is laid off, that employee will have the opportunity
to displace any less-senior bargaining unit employee in another
classification provided he/she is immediately qualified to perform
the work in question.
SECTION 7 .3 : RECALL
Employee(s ) who are laid off shall be placed on a recall list
for a period of twenty-four (24) months . Employee(s ) on the recall
list shall be recalled in seniority order (most senior first)
provided they are fully qualified to perform the work available.
Employee(s) eligible for recall shall be given twenty-one (21)
calendar days notice of recall with the first day being the date
the notice is received by the employee. The notice of recall shall
be sent by certified mail, return receipt requested, with a copy to
the Union. The employee must notify the Director of Public Works
or his/her designee of his/her intention to return to work within
fourteen ( 14) calendar days after receiving notice of recall . The
Village shall be deemed to have fulfilled its obligations by
mailing the recall notice by certified mail, return receipt
requested, to the mailing address last provided by the employee to
the Human Resources Officer. If an employee fails to respond to
recall, or report for work upon recall in a timely fashion, the
employee shall lose all recall rights .
Employees on the recall list for more than twelve ( 12 ) months
prior to being recalled to work must pass a physical examination to
determine current fitness to perform work.
Employees on layoff who are recalled to work shall have their
seniority restored.
10
ARTICLE VIII
DISCIPLINARY PROCEDURES
The Village agrees with the tenets of progressive and
corrective discipline and that it shall be imposed only for just
cause. Progressive discipline normally includes the following
steps :
(A) Oral warning with documentation of such filed in the
employee' s personnel file, with copy given to the
employee and a Union Steward.
(B) Written reprimand with copy of such maintained in the
employee' s personnel file, with copy given to the
employee and a Union Steward.
(C) Suspension without pay with documentation of such
maintained in the employee' s personnel file, with copy
given to the employee and a Union Steward.
(D) Discharge with documentation of such maintained in the
employee's personnel file, with copy given to employee
and a Union Steward.
Discipline for major cause infractions may bypass one or more steps
of progressive discipline, provided just cause exists .
Prior to actual imposition of a written reprimand, suspension
without pay, or discharge, the employee shall be afforded an
opportunity to discuss his/her views concerning the conduct causing
such disciplinary action. Such discussion should take place as
soon as practicable and not be unduly or unreasonably delayed, and
the employee shall be informed clearly and concisely of the basis
for such action. Furthermore, upon request of the employee, a
representative of the Union (Steward) shall be allowed to be
present and participate in such discussions .
ARTICLE IX
GRIEVANCE PROCEDURE
SECTION 9.1: DEFINITION
A grievance is defined as a complaint raised by an employee or
the Union against the Village alleging that there has been a
violation, misinterpretation or misapplication of an express
written provision of this Agreement.
SECTION 9.2: PROCESSING OF GRIEVANCE
Grievances shall be processed only by the Union on behalf of
an employee or on behalf of a group of employees or the Union
itself. The Grievant or one Grievant representing a group of
Grievants may be present at any step of the grievance procedure,
11
and the employee is entitled to Union representation at each and
every step of the grievance procedure. The resolution of a
grievance filed on behalf of a group of employees shall be made
applicable to the appropriate employees within that group.
SECTION 9.3 : GRIEVANCE STEPS
STEP ONE: FOREMAN
The employee, with or without a Union representative, may
file a written grievance with his/her immediate supervisor
within ten ( 10) business days of the event giving rise to the
grievance, or when the employee reasonably should have
realized that a dispute existed. The supervisor shall attempt
to adjust the matter and shall respond in writing within ten
( 10) business days .
STEP TWO: SUPERINTENDENT
If the grievance remains unsettled after the response in
Step One, the Union may submit a written grievance to the
appropriate Division Superintendent within ten ( 10 ) business
days of the Step One response. If the grievance is filed
directly at Step Two, it must be filed within ten ( 10)
business days of the event giving rise to the grievance or
when the employee/Union reasonably should have realized that
a dispute existed.
The Superintendent shall schedule a conference with the
Union within ten ( 10 ) business days of receipt of the
grievance to attempt to adjust the matter. The Superintendent
shall submit a written response within ten ( 10 ) business days
of the conference. If the conference is not scheduled, the
Superintendent shall respond to the grievance in writing
within ten (10) business days of receipt of the appeal.
STEP THREE: DIRECTOR OF PUBLIC WORKS
If the grievance remains unsettled after the response in
Step Two, the Union may submit a written appeal to the
Director of Public Works within ten ( 10) business days of the
Step Two response. The Director shall schedule a conference
within ten (10) business days of receipt of the appeal to
attempt to adjust the matter. The Director shall submit a
written response within ten ( 10) business days of the
conference. If the conference is not scheduled, the Director
shall respond to the grievance in writing within ten (10)
business days of receipt of the appeal.
STEP FOUR: VILLAGE MANAGER
If the grievance remains unsettled after the response in
Step Three, the Union may submit a written appeal to the
Village Manager within ten ( 10 ) business days of the Step
Three response. The Manager, or his or her designee, shall
schedule a conference within ten ( 10 ) business days of receipt
of the appeal to attempt to adjust the matter. The Manager or
12
his/her designee shall submit a written response within ten
(10 ) business days of the conference. If the conference is
not scheduled, the Manager or his/her designee shall respond
to the grievance in writing within ten ( 10 ) business days of
receipt of the appeal .
STEP FIVE: ARBITRATION
If the grievance remains unsettled after the response in
Step Four, the Union may refer the grievance to arbitration
within fifteen ( 15) business days of the Step Four response.
The parties shall attempt to agree upon an arbitrator within
ten ( 10) business days . If the parties are unable to agree
upon an arbitrator, the Union shall request a panel of seven
(7) arbitrators from either the Federal Mediation and
Conciliation Service or the American Arbitration Association.
The parties shall alternately strike the names of Arbitrators,
taking turns as to the first strike. The person whose name
remains shall be the Arbitrator, provided that either party,
before striking any names, shall have the right to reject one
( 1) panel of Arbitrators.
Both parties agree to attempt to arrive at a joint
stipulation of the facts and issues as outlined to be
submitted to the Arbitrator. Both parties shall have the
right to request the Arbitrator to require the presence of
witnesses and/or documents . Each party shall bear the costs
of its own witnesses .
Questions of arbitrability shall be decided by the
Arbitrator. The Arbitrator shall make a preliminary
determination on the question of arbitrability. Once a
determination is made that the matter is arbitrable or if such
preliminary determination cannot be reasonably made, the
Arbitrator shall then proceed to determine the merits of the
dispute. The Arbitrator shall neither amend, modify, nullify,
ignore, add or subtract from the provisions of this Agreement.
The expenses and fees of the Arbitrator and the cost of
the hearing room shall be shared equally by the parties .
Nothing in this Article shall preclude the parties from
agreeing to the appointment of a permanent Arbitrator(s)
during the term of this Agreement or to use the expedited
arbitration procedures of the American Arbitration
Association.
The decision and award of the arbitration shall be
binding to the Union, employee( s ) and Village. Such decision
shall be within the scope and terms of this Agreement but
shall not change any of its terms or conditions .
If either party desires a verbatim record of the
proceedings, it may cause such to be made, providing it pays
for the record and makes a copy available without charge to
the Arbitrator. I£ the other party desires a copy, it shall
equally pay for such expenses of the other party initially
ordering such record, minus the costs of copying such.
13
SECTION 9.4: GRIEVANCE FORMS
The written grievance required under this Article shall be on
a form which shall be provided by the Union and attached as
Appendix D. It shall contain the name(s) of the Grievant (or the
Union if filed on behalf of the entire bargaining unit) , a
statement of the Grievant' s complaint, the section(s ) of this
Agreement that have been allegedly violated, the date of the
alleged violations and the relief being sought. The form shall be
signed and dated by the Grievant or the Union representative who
filed the grievance. An improper grievance form, date, section
citation or other procedural error shall not be grounds for denial
of the grievance.
SECTION 9.5: TIME LIMITS
Time limits for filing, appealing, or responding to
grievances, or for scheduling grievance conferences, may be waived
or extended by express agreement between the Village and the Union.
SECTION 9.6: PAID TIME
The grievant(s) and Union Steward(s) shall not be paid for
time spent in grievance meetings or arbitration hearings unless
scheduled during work time.
ARTICLE X
HOLIDAYS
SECTION 10.1: GENERAL INFORMATION
All full-time employees shall receive the following paid
holidays:
New Year's Day Thanksgiving Day
President's Day Day After Thanksgiving
Memorial Day Christmas Day
Independence Day Floating Holidays (4)
Labor Day
SECTION 10.2: SPECIFIC APPLICATIONS
(A) When a holiday falls on a Saturday, it will be observed on the
preceding Friday. When a holiday falls on a Sunday, it will
be observed on the following Monday.
(B) To be eligible for holiday pay, employees must work their full
scheduled day prior to the holiday and their full regularly
scheduled day after the holiday, unless on approved vacation
leave. If absent either or both of these days due to claimed
illness, the Village may require acceptable written
verification signed by a doctor as proof of such illness,
provided the Village requests such verification within twenty-
four (24) hours of the employee' s return to work.
14
SECTION 10.3: HOLIDAY PAY
In addition to the normal eight (8 ) hours holiday pay benefit,
employees who work on any fixed holiday shall receive an additional
one and one-half ( 1 1/2 ) hours pay for each hour actually worked on
the holiday.
SECTION 10.4: FLOATING HOLIDAYS
Floating holiday scheduling will be done at the time vacations
are scheduled and in the same manner as vacation scheduling.
Employees who terminate their employment with the Village during
the calendar year shall not receive any compensation for any unused
Floating Holidays whether scheduled or not. Floating Holidays may
be taken in minimum two (2 ) hour increments .
New employees shall earn floating holidays on a pro-rated
basis as follows :
Employees hired in the first quarter of the year
(January, February, March) shall be eligible for four (4)
floating holidays.
Employees hired in the second quarter of the year (April,
May, June) shall be eligible for three (3) floating holidays .
Employees hired in the third quarter of the year (July,
August, September) shall be eligible for two (2 ) floating
holidays .
Employees hired in the fourth quarter of the year
(October, November, December) shall be eligible for one ( 1 )
floating holiday.
ARTICLE XI
VACATIONS
SECTION 11.1: VACATION ACCRUAL
Bargaining unit employees shall earn vacation on a monthly
basis for each month in which they are actively employed.
Employees do not earn vacation if on unpaid leave for the full
month. The amount of vacation earned by month and year is shown on
Appendix C. Vacation is always earned in the current year for the
following year. The employee' s anniversary date shall be the basis
of determining the number of completed years and months of service.
If an employee terminates prior to his/her anniversary date
and has already taken his/her full vacation due to scheduling
requirements, the employee shall reimburse the Village for the
amount of unearned vacation taken from his/her last paycheck. If
an employee terminates and has earned vacation credit available, it
will be paid to him/her with his/her last paycheck.
SECTION 11.2: VACATION USAGE
(A) Employees may take up to five (5 ) days of Vacation Leave in
single day increments with reasonable notice. All other
Vacation Leave shall be taken in minimum one-week periods,
unless approved by the Department Head or his/her designee.
15
Additional single day vacation requests with reasonable notice
shall not be unreasonably denied.
(B) Employees may take up to fifteen ( 15 ) consecutive days
Vacation Leave. This period may be extended upon Department
Head approval .
(C) If a holiday should fall during the scheduled vacation period,
the employee shall not be charged for Vacation on the holiday.
(D) Employees may request vacation leave in advance of time earned
for good cause. Supervision shall review such requests
individually.
SECTION 11. 3 : VACATION PAY
Vacation pay shall be paid at the rate of the employee' s
straight-time hourly rate in effect for the employee' s job
classification on the payday immediately preceding the employee' s
vacation.
SECTION 11.4: VACATION SELECTION
(A) Beginning January 1 of each year, employees may reserve up to
two (2 ) "primary" weeks Vacation Leave, in order of Department
seniority. Primary weeks must be reserved by the third week
of February.
(B) After all bargaining unit employees have reserved their
primary weeks, employees may reserve additional Vacation Leave
at any time. If more than one ( 1) employee applies for the
same Vacation Leave period at the same time, the employee with
greater seniority shall have first preference.
SECTION 11.5: VACATION LEAVE RESTRICTIONS
(A) Mechanics
No more than one (1) Mechanic may take Vacation Leave
during the same period of time, except that two (2 ) Mechanics
may be on Vacation, Flex Time Leave or on a Floating Holiday
for a one (1) day overlap. Additional Mechanics may take
Vacation Leave with approval of the appropriate
Superintendent.
(B) Custodians
No more than one ( 1 ) bargaining unit Custodian may take
Vacation Leave during the same period of time. Additional
Custodians may take Vacation Leave with approval of the
appropriate Superintendent.
16
(C) Maintenance Workers - Streets Division
No more than three ( 3 ) Maintenance Workers in the Streets
Division may take Vacation Leave during the same period of
time, except that four ( 4 ) such Maintenance Workers may be on
Vacation, Flex Time Leave or on a Floating Holiday for a one
( 1) day overlap. Additional Maintenance Workers in the
Streets Division may take Vacation Leave with approval of the
appropriate Superintendent. During the months of December,
January and February, these limits shall be reduced by one
( 1 ) .
(D) Maintenance Workers - Utilities Division
No more than three (3) Maintenance Workers in the
Utilities Division may take Vacation Leave during the same
period of time, except that four (4) such Maintenance Workers
may be on Vacation, Flex Time Leave or a Floating Holiday for
a one (1) day overlap. Additional Maintenance Workers in the
Utilities Division may take Vacation Leave with approval of
the appropriate Superintendent. During the months of
December, January and February, these limits shall be reduced
by one ( 1) .
(E) Utility Service Operators
No more than one ( 1 ) Utility Service Operator may take
Vacation Leave during the same period of time. Additional
Utility Service Operators may take Vacation Leave with
approval of the appropriate Foreman.
SECTION 11. 6: VACATION PAY UPON DEATH OF EMPLOYEE
In the event of death, any vacation earned but unused shall be
paid to the designated beneficiary of the deceased employee.
Employees with less that twelve (12 ) months of continuous service
at termination shall not receive any vacation pay.
SECTION 11.7 : LIMITATION ON ACCUMULATION OF VACATION
All vacation days must be taken by the end of the calendar
year in which they are supposed to be scheduled or they will be
lost, unless the Village declares an emergency and extends the time
period for Vacation usage.
17
ARTICLE XII
LEAVES OF ABSENCE
SECTION 12 . 1: SICK LEAVE
(A) Accrual
Employees will accrue sick leave at the rate of one ( 1 ) sick
day for each calendar month of service up to a maximum of 120
days .
(B) Use
Sick leave will be granted to an employee who is unable
to report to work due to non-work related illness or injury
that prevents him/her from effectively performing his/her job.
Sick leave shall also be granted for any form of preventive
medicine or treatment that requires the employee to take time
off during normal hours to see his/her doctor, receive
hospital or clinical services, dental care, optometrist
appointment, and other similar medical attention.
Sick leave will not be allowed for employees who are
absent due to any occupational sickness , injury or disability
occurring as a direct result of outside employment.
(C) Proof of Illness
If Sick leave is used for more than three. (3 ) consecutive
days, or more than six (6) days in a continuous twelve ( 12 )
month period, medical proof of illness or injury may be
required by the Department Head before an employee may return
to work or receive sick leave benefits.
(D) Notification of Usage
Notice of absence due to illness or injury shall be given
to a member of management no later than sixty (60) minutes
before the start of the employee' s work shift unless it is
shown that such notification was impossible. Failure to
properly report an illness may be treated as an absence
without pay. In the case of an extended illness, notification
of absence shall occur as directed by supervision.
(E) Sick Leave Accumulation and Use for Creditable Service for
Retirement
In accordance with the provisions of the Illinois
Municipal Retirement Fund, eligible employees may accumulate
an additional 120 days of Sick Leave (to a total of 240 days) ,
which can be applied as additional months of service with
IMRF. One month of IMRF service is earned for every twenty
18
(20) sick leave days up to a maximum of one ( 1 ) year
additional service credit.
(F) Sick Leave Abuse
Abuse of the sick leave benefit shall be cause for
disciplinary action. Presentation of a false medical document
in an attempt to justify what would otherwise be an unexcused
absence shall be an additional cause for disciplinary action.
SECTION 12.2: EMERGENCY LEAVE
Employees are eligible for Emergency Leave benefits in the
event of illness and/or injury in the employee' s immediate family.
The days or part days used for Emergency Leave shall reduce the
employee' s sick leave accumulation by an equal amount. For
purposes of this section, "immediate family" shall include the
employee's spouse, child, parent, sibling, mother- or father-in-
law, sister- or brother-in-law, grandparent, grandchild, daughter-
or son-in law, grandparent-in-law and other persons living in the
employee' s household who have attained a similar familial status .
SECTION 12.3 : MATERNITY/PATERNITY LEAVE
Absence from work for maternity reasons shall be handled in
the same manner as any other absence due to illness or injury which
qualifies for the sick leave benefit.
Fathers may use up to three ( 3) sick days for the birth of
their child or placement of their foster or adopted child.
SECTION 12.4: DISABILITY LEAVE
In the event of a temporary disability, an employee may apply
for disability payment through the Illinois Municipal Retirement
Fund ( IMRF) .
SECTION 12 .5: FUNERAL LEAVE
When death occurs in the immediate family of any bargaining
unit employee, said employee shall be granted three (3) days off
without loss of pay and without charge to accrued sick leave.
Additional time, up to three (3 ) days off, may be granted at the
discretion of the Department Head, and will be deducted from
accumulated sick leave.
For purposes of this section, "immediate family" shall include
the employee' s spouse, child, parent, sibling, mother- or father-
in-law, sister- or brother-in-law, grandparent, grandchild,
daughter- or son-in law, grandparent-in-law and other persons
living in the employee's household who have attained a similar
familial status .
SECTION 12.6: MILITARY LEAVE
(A) Full-time, non-probationary employees who leave active
employment for the purpose of being inducted, entering,
19
determining physical fitness to enter, or performing training
duty in the armed forces or Coast Guard, either by enlistment,
draft or recall, will be granted a Leave of Absence.
Upon the expiration of such leave of absence, each
employee will be restored to his/her former job classification
or to a position of like seniority, status and pay, unless
circumstances of the Village have changed as to make it
impossible or unreasonable to do so. This will be done
provided:
( 1 ) Application for re-employment is made within ninety (90 )
days after discharge from active service or
hospitalization continuing after discharge for a period
of not more than one (1) year.
(2 ) Application for re-employment is made by the employee
within thirty-one ( 31) days after release from performing
training duty or rejection before performing any active
duty, if not less than three ( 3) months .
(3) Employee presents certificate showing satisfactory
completion of service.
(4) Employee' s voluntary period of enlistment or recall to
active duty does not exceed four (4) years, plus one ( 1 )
year additional voluntary extension of active duty if
this is at the request and for the convenience of the
Government.
(B) Any 'employee who, as a member of a military reserve unit of
the United States or the State of Illinois, attends training
assignments, shall be given leave not to exceed fourteen ( 14 )
calendar days a year. This . special leave shall in no way
effect vacation, sick leave or other emergency leave benefits .
The employee will receive full pay during the absence which
shall be computed at an amount equal to one hundred percent
( 100%) of base pay, less any wage payments made by the reserve
unit of the United States of the State of Illinois.
Any non-probationary employee who, as a member of a
military reserve unit of the United States or the State of
Illinois, attends special training assignments, shall be given
leave, not to exceed fourteen ( 14 ) calendar days in a calendar
year. This leave shall not affect vacation, sick leave, or
other benefits in any way.
The employee will receive full pay during the leave,
computed at an amount equal to 100 percent ( 100% ) of an
employee' s current base pay, less any payments made by the
reserve unit.
SECTION 12 .7 : JURY OR WITNESS DUTY LEAVE
An employee whose service on a jury or appearance as a witness
occurs during hours that the employee would have been regularly
20
scheduled to work shall receive full pay in addition to any fees
received. However, an employee shall not be paid for any such
hours if the employee's testimony is requested or subpoenaed by the
Union or if the employee' s testimony relates to any case in which
the employee is a plaintiff or claimant. Once an employee' s
testimony is completed, he shall return to work for the remainder
of his work shift unless otherwise instructed by the Village.
SECTION 12 .8: FAMILY AND MEDICAL LEAVE
(A) Eligibility
An employee shall be eligible for Family and Medical leave
when he/she:
(1) Has been employed by the Village for at least twelve (12)
months prior to the request; and
(2) Has worked at least 1,250 hours within the twelve ( 12 )
month period previous to the request.
(B) Leave Entitlement
The Village shall grant an eligible bargaining unit employee
up to a total of twelve ( 12 ) workweeks of unpaid leave during any
twelve (12 ) month period for one or more of the following reasons :
(1) Birth of their child or placement of their child for
adoption or foster care;
(2 ) To care for an immediate family member (as defined above)
with a serious health condition, as defined by the Family
and Medical Leave Act (FMLA) of 1993;
(3) To take medical leave when the employee is unable to work
because of a serious health condition, as defined by the
Family and Medical Leave Act of 1993 .
(C) Intermittent Leave
( 1) Leave under this section may be taken intermittently
whenever medically necessary to care for a seriously ill
family member, or because the employee is seriously ill
and unable to work.
(2 ) Use of intermittent leave under this section for birth of
their child or placement of their child for adoption or
foster care is subject to the Department Head' s approval.
(D) Insurance Coverage
Insurance coverage will continue to be granted under the terms
21
of this agreement to employees who take Family and Medical
Leave.
SECTION 12.9: TIME OFF TO VOTE
Employees will be granted necessary time off with pay to vote
in formal local, state and national elections .
SECTION 12 . 10: DISCRETIONARY LEAVE OF ABSENCE
Employees may request through the Department Head a leave of
absence upon exhaustion of paid benefits .
ARTICLE %III
HEALTH INSURANCE
SECTION 13 . 1: HEALTH INSURANCE COVERAGE
The Village shall continue to make available to bargaining
unit members and their dependents substantially similar group
health and hospitalization insurance, group dental benefits, and
life insurance coverage as existed prior to the signing of this
Agreement. If the Village desires to change the Village plan,
HMO's, benefit levels, and/or to self-insure or utilize group
insurance carriers, it shall notify the Union to discuss such
changes . No changes shall be made unless they are made for all
Village employees .
SECTION 13 .2 : COST OF MEDICAL AND DENTAL INSURANCE
Effective during the term of this Agreement, the Village shall
contribute eighty-five percent (85%) of the designated premium
costs of participation in the Village plan and the HMO Plan
(including the dental plan) for both single and family coverage.
Employees shall continue to contribute fiftfen percent (15% ) of the
costs of the program and coverage selected.
The insurance plans will not be materially changed during the
term of this Agreement unless it is so changed for all Village
employees . At no time during the term of this Agreement will
bargaining unit employees be required to pay more for insurance
than any other Village employees .
SECTION 13.3: TERM LIFE INSURANCE
The Village will provide life insurance coverage for each
bargaining unit employee in an amount equal to the employee' s
annual base pay amount (hourly rate times 2080 hours) . Dependent
life insurance in the amount of $5, 000 . 00 for an employee's spouse
and $3,000 .00 for each dependent child will also be provided. The
Village will contribute 100% of the total cost for this Basic Life
Insurance benefit.
A voluntary Supplemental Life Insurance program will continue
to be offered eligible employees at rates regulated by the
insurance carrier. Bargaining unit members who wish to participate
in this program will contribute one hundred percent ( 100 % ) of the
total cost once their participation is approved by the insurance
22
carrier.
SECTION 13.4: EMPLOYEE ASSISTANCE PROGRAM (EAP)
All bargaining unit employees shall be eligible to participate
in the Village' s EAP.
SECTION 13 .5: SECTION 125 FLEX PROGRAM
The Village will continue to offer bargaining unit employees
the opportunity to participate in the Village Section 125 Flex
program under the conditions applicable to all other Village
employees .
SECTION 13 .6: COST CONTAINMENT
The Village reserves the right to institute cost containment
measures relative to insurance coverage so long as the basic level
of insurance benefits remains substantially the same and the
changes are made for all Village employees .
ARTICLE XIV
EMPLOYEE TRAINING AND EDUCATION
SECTION 14. 1: POLICY
The Village shall endeavor to provide opportunities for in-
service training with the objective of furthering the
qualifications of employees . Employees shall be afforded employee
training and education programs as follows :
(A) CPR classes shall be offered once per calendar year to
all bargaining unit employees .
(B) All bargaining unit members who operate and/or maintain
equipment will be trained on proper operating techniques
of all such equipment.
(C) All bargaining unit employees who are assigned to welding
duties shall be appropriately trained.
(D) All Maintenance Workers and USO's will be trained on
proper trenching techniques, including hazardous material
and confined entry training.
SECTION 14.2 : REIMBURSED TRAINING
(A) The Village agrees to compensate all permanent full-time
employees at straight time rate up to eight (S) hours per day
for all training, schools, and courses which the Village
requires an employee to attend. When an employee is required
to use his/her own automobile, the Village will provide
reimbursement for mileage (at the rate approved by the
Internal Revenue Service) , tolls, parking and garage charges .
Employees shall be reimbursed for the actual cost of meals, up
23
to $5 .00 for breakfast, $8 .00 for lunch and $18 . 00 for dinner.
In the event that an employee needs to stay overnight at such
training/school session, the Village will reimburse the
employee for the actual cost of lodging. Receipts are
required for all reimbursements .
(B) The Village shall reimburse all bargaining unit employees
the additional cost of obtaining and/or renewing their
Commercial Driver' s Licenses .
SECTION 14.3 : EDUCATIONAL INCENTIVE
All permanent full-time bargaining unit employees who
voluntarily participate in an education and training program may
apply for reimbursement for tuition, registration, books and other
items charged by the educational institution incidental to the
course. If budgeted funds are available, expenses will be
reimbursed upon providing certified proof of satisfactory course
completion. Receipts are required for reimbursement.
SECTION 14.4: CROSS-TRAINING
Bargaining unit employees may be transferred between divisions
for a period of up to one ( 1 ) year for purposes of cross-training.
After the cross-training period expires, employees will be returned
to their former division, unless they agree to remain in the new
division. Employees will not be transferred for purposes of cross-
training into a division in which they previously worked for twelve
( 12) months or more unless they agree to the transfer. Employees
will not be transferred for purposes of cross-training during the
twenty-four (24 ) months after their last cross-training assignment,
unless they agree to/request the transfer.
ARTICLE XV
SAFETY
SECTION 15.1: UNSAFE CONDITIONS
Employees who reasonably and justifiably believe that their
safety and health are in danger due to an alleged unsafe working
condition or equipment, shall immediately inform their supervisor
who shall have the responsibility to determine what action, if any,
should be taken, including whether or not the job should be
discontinued.
SECTION 15.2: SAFETY GRIEVANCE
A grievance involving an alleged violation of this Article
shall be submitted directly to Step II of the grievance procedure
and a grievance hearing shall be promptly scheduled.
24
ARTICLE XVI
LABOR-MANAGEMENT MEETINGS
SECTION 16 .1: MEETING REQUEST
The Union and the Village may meet in the interest of
promoting harmonious relations . Such meetings shall be requested
at least seven (7 ) calendar days in advance by either party by
placing in writing a request to the other for a "labor-management
meeting" and expressly providing the agenda for such meeting. Such
meetings and locations when mutually agreed upon shall be limited
only to agenda items . The seven (7 ) day period may be waived by
written agreement of the parties .
SECTION 16.2: CONTENT
It is expressly understood and agreed that such meetings shall
be exclusive of the grievance procedure. Grievances being
processed under the grievance procedure shall not be considered at
"labor-management meetings, " nor shall negotiations for the purpose
of altering any or all of the terms of this Agreement be carried on
at such meetings . Safety and sub-contracting concerns may be
raised at such meetings .
SECTION 16.3: REPRESENTATION
The Village shall be represented by the Human Resources
Officer and the Director of Public Works and/or their designees.
The Union shall be represented by a business representative and the
Union Stewards .
ARTICLE XVII
SUBCONTRACTING
SECTION 17 . 1: GENERAL POLICY
No bargaining unit employees shall be laid off as a result of
any decision by the Village to subcontract any work performed by
employees covered by this Agreement.
SECTION 17 .2: MEET AND DISCUSS
Prior to subcontracting out bargaining unit work causing the
Village to reduce its work force, the Village shall notify the
Union and offer the Union an opportunity to meet and discuss the
desirability of such subcontracting of work, including means by
which to minimize the impact of such on employees .
ARTICLE XVIII
UNIFORMS, TOOLS AND EQUIPMENT
SECTION 18.1: UNIFORMS
The Village shall provide an allotment of work uniforms
including cleaning service for each employee.
25
SECTION 18.2 : PROTECTIVE CLOTHING
The Village shall provide all necessary items of protective
clothing and safety gear, excluding shoes, which are the
responsibility of the employee.
SECTION 18.3: WINTER CLOTHING
The Village shall supply insulated outer wear to all
bargaining unit employees required to work outside during the
winter months .
ARTICLE XIX
PERSONNEL RECORDS
SECTION 19.1: PERSONNEL RECORDS
The personnel record is available for an employee and/or
his/her designee to review. Each employee is encouraged to
contribute documents to their record that relate to his/her
performance and accomplishments .
SECTION 19.2: RIGHT OF INSPECTION AND COPIES
An employee will be granted the right to inspect his/her
personnel and/or medical records . An employee may obtain a copy of
his/her record upon request to the Human Resources Officer or
his/her designee. Copies shall be provided, at no charge to the
employee, within two (2) business days .
ARTICLE XX
NON-DISCRIMINATION
SECTION 20.1: PROHIBITION AGAINST DISCRIMINATION
Both the Village and the Union agree not to discriminate
against any employee on the basis of race, sex, creed, religion,
color, sexual orientation, marital or parental status, age,
national origin, political affiliation and/or beliefs, mental
and/or physical handicap, or other non-merit factors . Rights of
employees pursuant to this Article are not exclusive and shall be
inclusive of any and all other remedies available to them by law.
SECTION 20.2: UNION ACTIVITY
The Village and the Union agree that no employee shall be
discriminated against, intimidated, restrained or coerced in the
exercise of any rights granted by this Agreement, or on account of
membership or non-membership in, or lawful activities on behalf of
the Union.
26
ARTICLE XXI
NO STRIKE / NO LOCKOUT
SECTION 21. 1: NO STRIKE
During the term of this Agreement, the Union shall not call a
strike.
SECTION 21.2: NO LOCKOUT
During the term of this Agreement, the Village shall not
lockout any bargaining unit employees .
ARTICLE XXII
MANAGEMENT RIGHTS
SECTION 22. 1: MANAGEMENT RIGHTS
It is understood and agreed that except as specifically
limited by the express written provisions of this Agreement, the
Village retains all traditional management rights through its
Manager and his agents to:
(A) manage and direct the affairs of the Employer;
(B) supervise, evaluate and direct employees;
(C) determine the mission .of the Employer, its various
Departments including the Public Works Department;
(D) determine the number and location of facilities and the
equipment used;
(E) contract out for goods and services;
(F) determine staffing levels, assign, transfer, hire and
promote employees;
(G) schedule and assign work;
(H) determine the methods and means needed to carry out
departmental operations and services;
( I) make, alter, and enforce rules, regulations, policies,
and procedures;
(J) discipline, suspend and discharge employees for just
cause (probationary employees during their first twelve
months of employment without just cause or right to
appeal ) .
SECTION 22 .2 : BUDGETARY AUTHORITY
The President and Board of Trustees have the sole authority to
determine the purpose and mission of the village and the amount of
the budget necessary to accomplish those purposes and missions
thereto.
27
ARTICLE XXIII
WAGES
SECTION 23.1: WAGE RATES
See Appendix A attached hereto and made a part hereof.
SECTION 23.2: LONGEVITY
Longevity payments shall be made according to the following
schedule once per year each November.
Years of Service Annual Longevity Payment
10 Years $ 150
15 Years $ 250
20 Years $ 350
ARTICLE XXIV
DRUG AND ALCOHOL POLICY
See Appendix B attached hereto and made a part hereof .
ARTICLE XXV
SAVINGS CLAUSE
If any provision of this Agreement or the application of any
such provision should be rendered or declared invalid by any court
action, or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect and the subject matter of
such invalid provision shall be open to immediate re-negotiation.
In such event, the parties shall, upon the request of either
party, commence good faith bargaining over possible replacement
language for the invalidated Article, Section or portion of this
agreement.
ARTICLE XXVI
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement
between the parties and concludes collective bargaining between the
parties for its term. The Village and the Union, for the duration
of this Agreement, each voluntarily and unqualifiedly waives the
right, and each agrees that the other shall not be obligated, to
bargain collectively with respect to any subject or matter referred
to or covered in this Agreement on wages, hours or terms and
conditions of employment.
28
ARTICLE XXVII
TERMINATION
This Agreement shall be effective as of the fifteenth day of
September, 1996 and shall remain in full force and effect until the
thirtieth day of April, 1999 , whereupon, it shall be automatically
rendered null and void. It shall be automatically renewed from
year to year thereafter unless either party notifies the other in
writing at least ninety ( 90 ) days prior to the anniversary date
that it desires to modify this Agreement. In the event that such
notice is given, negotiations shall begin not later that sixty ( 60)
days prior to the anniversary date. This Agreement shall remain in
full force and be 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 during the period of negotiations, written notice must be
given to the other party not less than ten ( 10) days prior to the
desired termination date which shall not be before the anniversary
date set forth in the preceding paragraph.
Executed this 12th day of February, 1997 .
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION
OF ELK GROVE VILLAGE OF OPERATING ENGINEERS , LOCAL 150
_�- L' ✓��-,r /./, � tel_ "
29
APPENDIX A
WAGES
September 15, 1996 to April 30, 1997
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Custodian 10 . 02 10.22 10 . 42 N/A N/A N/A
Meter 10 . 37 11 . 31 12 . 25 13 . 21 14 . 15 15 . 09
Reader
Auto 11 . 92 13 . 02 14 . 11 15 . 19 16 . 28 17 . 37
Service
Worker
Toolroom 11 . 92 13 . 02 14 . 11 15 . 19 16 .28 17 . 37
Attendant
Maintenance 13 . 21 14 . 42 15 . 62 16 . 82 17 . 97 19 .23
Worker
utility 15 . 12 16 .23 17 . 34 18.45 19 .56 20 . 67
System
Operator
Auto 15 .01 16 . 38 17 .75 19 . 12 20 .48 21 .85
Mechanic
30
WAGES
May 1, 1997 to April 30, 1998
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Custodian 10 . 32 10 . 53 10 . 73 N/A N/A N/A
Meter 10 . 68 11 . 65 12 . 62 13 . 61 14 .57 15 . 54
Reader
Auto 12 . 28 13 . 41 14 . 53 15 . 65 16 . 77 17 . 89
Service
Worker
Toolroom 12 .28 13 . 41 14 . 53 15 . 65 16 . 77 17 . 89
Attendant
Maintenance 13 . 61 14 . 85 16 . 09 17 . 32 18 .51 19 . 81
Worker
Utility 15 .57 16 . 72 17 . 86 19 . 00 20 . 15 21 . 29
System
Operator
Auto 15 . 46 16 . 87 18 . 28 19 . 69 21 . 09 22 .51
Mechanic
31
WAGES
May 1, 1998 to April 30, 1999
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Custodian 10 . 63 10 . 85 11 . 05 N/A N/A N/A
Meter 11 . 00 12 .00 13 . 00 14 .02 15 .01 16 .01
Reader
Auto 12 . 65 13 . 81 14 . 97 16 . 12 17 .27 18 . 43
Service
Worker
Toolroom 12 . 65 13 . 81 14 . 97 16 . 12 17 .27 18 . 43
Attendant
Maintenance 14 . 02 15 . 30 16 . 57 17 .84 19 .07 20 .40
Worker
Utility 16 . 04 17 . 22 18 . 40 19 . 57 20 . 75 21 . 93
System
Operator
Auto 15 . 92 17 . 38 18 . 83 20 .28 21 . 72 23 . 19
Mechanic
32
APPENDIX B
DRUG AND ALCOHOL POLICY
Z. PROHIBITIONS
A. Prohibited Alcohol-Related Conduct
An employee shall not operate a Village commercial motor
vehicle or perform a related safety-sensitive function if s/he
has engaged in any form of alcohol-related conduct listed
below:
1 . Using alcohol on the job.
2 . Being in possession of alcohol while on duty or
operating a commercial motor vehicle.
3 . Having a prohibited breath alcohol concentration
while performing a safety-sensitive function.
4 . Having used alcohol during the four (4) hours
before going on duty.
5 . Using alcohol within eight (8) hours following an
accident requiring a breath-alcohol test, or until
tested.
6 . Refusing to submit to a required alcohol test.
B. Prohibited Drug-Related Conduct
An employee shall not perform a safety-sensitive function
if s/he has engaged in any of the following activities :
1. Using any of the following controlled substances,
including use of a substance for medicinal purposes
under a doctor' s care, unless a physician has
advised the employee that it not will interfere
with the employee's ability to perform his job
safely:
a. Marijuana (THC metabolite)
b. Cocaine
C. Opiates (morphine and codeine)
d. Phencyclidine (PCP)
e. Amphetamines
2 . Being in possession of any unauthorized controlled
substance.
33
3 . Reporting for duty while impaired from any
prescribed therapeutic drug or controlled substance
usage.
4 . Refusing to submit to a required controlled
substances test.
C. Reporting Requirements for Prescribed Controlled
Substances
1 . Any employee who takes prescribed medication and
whose duties include operating a commercial motor
vehicle for the Village must inquire of his/her
treating physician whether the controlled substance
would adversely affect his/her ability to operate a
commercial motor vehicle.
2 . If the medication in use will adversely affect the
employee' s ability to safely perform his job, the
employee may not report to work or may not remain
on duty. Employees eligible for sick leave may
take such period of absence as paid sick leave.
II. CATEGORIES OF TESTING
A. Post-Accident Testing
1 . Conducted when a bargaining unit employee was
involved in an accident in a Village vehicle, and:
a. The accident involved the loss of life; or
b. The employee was issued a citation for a
moving traffic violation.
2 . Post-Accident Alcohol Testing
a. Whenever possible, post-accident alcohol
testing shall be conducted within two (2)
hours of the accident.
b. If testing is not administered within two (2 )
hours of the accident, the Village must
prepare and maintain a record stating the
reason the test was not promptly administered.
C. If testing is not administered within eight
( 8 ) hours of the accident, the Village shall
cease attempts to administer an alcohol test.
d. An employee required to be tested under this
34
section is prohibited from consuming any
alcohol for at least eight (8) hours following
the accident or until after the breath alcohol
test.
3 . Post-Accident Drug Testing
a. Post-accident drug testing must be conducted
within thirty-two (32 ) hours after the
accident. If testing is not administered
within thirty-two (32 ) hours of the accident,
the Village shall cease attempts to administer
a drug test.
b. If testing is not administered within thirty-
two (32 ) hours of the accident, the Village
must prepare and maintain a record stating the
reason the test was not promptly administered.
B. Random Testing
Conducted throughout the year on a random, unannounced
basis according to the following guidelines :
1 . Restricted Period
a. Bargaining unit employees required to have a
Commercial Driver' s License (CDL) are subject
to unannounced random drug testing during all
periods on duty, and are subject to
unannounced random alcohol testing while the
driver is performing safety-sensitive
functions, just before the driver is to
perform safety-sensitive functions, or just
after the employee has ceased performing such
functions.
b. The Village will not require employees to come
in for a call-out assignment for the sole
purpose of random testing.
2 . Frequency
a. The Village shall conduct random drug testing
on at least fifty percent (50 % ) of the
average number of bargaining unit employees
required to have a CDL in calendar year 1996 .
The minimum annual percentage rate in
succeeding years shall be determined by the
rate set by the FHWA Administrator, as
published in the Federal Register (pursuant to
49 CFR Part 382 (Sec. 382 . 305) ) . The Village
35
shall provide written notice to the Union
before January 1 of each succeeding year
regarding any changes in the minimum annual
percentage rate.
b. The village shall conduct random alcohol
testing on at least twenty-five percent (25 % )
of the average number of bargaining unit
employees in calendar year 1996 . The minimum
annual percentage rate in succeeding years
shall be determined by the rate set by the
FHwA Administrator, as published in the
Federal Register (pursuant to 49 CFR Part 382
(Sec . 382 . 305) ) . The Village shall provide
written notice to the Union before January 1
of each succeeding year regarding any changes
in the minimum annual percentage rate.
3 . Selection
a. The procedure used to determine which
employees are subject to random drug or
alcohol testing in a given year shall ensure
that each bargaining unit employee who is
required to have a CDL has an equal chance of
being selected.
b. Should disputes arise regarding the random
selection process, the Human Resources Officer
or other person responsible for administering
the drug and alcohol policy for the Village
shall meet with a representative of Local 150
(not a bargaining unit member) and explain the
methodology used.
C. Reasonable Suspicion Testing
Conducted when a trained supervisor observes behavior or
appearance that is characteristic of an individual who is
currently under the influence of or impaired by alcohol,
impaired by drugs, or a combination of alcohol and drugs ,
according to the following guidelines :
1 . A supervisor's determination that reasonable
suspicion exists shall be based on specific,
contemporaneous , articulable observations
concerning the appearance, behavior, speech or body
odors of the employee;
2 . The Department Head or a second trained department
supervisor who is reasonably available must confirm
the reasonable suspicion determination;
36
3 . The employee is entitled to Union representation
before being questioned in connection with a
reasonable suspicion determination, if so
requested.
4 . The supervisor(s ) must complete and submit a
Reasonable Cause Observation Form for any drug
tests within twenty-four (24 ) hours .
5 . A "trained supervisor" is one who has received at
least two (2 ) hours of training in the signs of
alcohol and drug use, including at least sixty ( 60)
minutes of training on drug use and at least sixty
( 60) minutes of training on alcohol use.
D. Return to Duty Testing
1 . After engaging in prohibited alcohol conduct, an
employee may not return to duty requiring the
performance of a safety sensitive function until
s/he takes a return to duty breath alcohol test
with a result indicating an alcohol concentration
of less than 0 . 02 .
2 . After engaging in prohibited controlled substances
conduct, an employee may not return to duty
requiring the performance of a safety sensitive
function until s/he takes a return to duty urine
drug test with a verified negative result for
controlled substances use.
E. Follow-Up Testing
1 . Upon returning, the employee is subject to at least
six (6) unannounced follow-up tests during the
first twelve ( 12 ) months after s/he returns to duty
requiring a CDL.
2 . If the Substance Abuse Professional determines that
follow-up testing is not longer necessary, it may
be terminated after the first six (6 ) follow-up
tests .
3 . Substance Abuse Professional
The Substance Abuse Professional shall be a licensed
physician (medical doctor or doctor of osteopathy) , or a
licensed or certified psychologist, social worker,
employee assistance professional, or addiction counselor
with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled
substances-related disorders .
37
III. TESTING PROCEDURES
A. Drug Testing Procedures
1 . Collection Site
a. Once a drug test is announced, an employee
shall go directly to the collection site.
b. Upon arrival, the employee shall verify his
identity and will be provided with a form on
which the employee may elect to list any
prescription or non-prescription medication
s/he is using.
C. Before testing, an employee shall be shown a
sealed container, which shall be unwrapped in
front of him/her.
d. An employee shall be afforded a private area
to provide a urine specimen. This area shall
be equipped with a toilet, and shall . be
secured to prevent adulteration or dilution.
e. Once an employee has provided a urine sample
in the collection container, s/he shall hand
it to the collection person. The collection
person, in the presence of the employee, shall
then pour the urine into two (2) specimen
bottles . At least thirty (30 ) milliliters
must be poured into the primary specimen
bottle, and fifteen ( 15) milliliters into the
split specimen bottle.
f . If an employee of the testing facility
believes that an employee is attempting to
obstruct the collection process or may submit
an altered, adulterated or substitute
specimen, and a Village official concurs, an
observed specimen may be collected.
2 . Medical Review Officer (MRO)
The Medical Review Officer shall be a licensed
physician designated by the Village as the person
responsible for receiving laboratory results generated by
the Village's drug testing program. The MRO shall have
knowledge of substance abuse disorders and have the
appropriate medical training to interpret and evaluate an
employee' s positive test result together with his/her
medical history and any other relevant biomedical
information.
38
3 . Laboratory Analysis
a. Analysis of a primary urine specimen shall be
performed at a laboratory certified and
monitored by the Department of Health and
Human Services (DHHS) .
b. The laboratory shall analyze the primary
specimen with an Enzyme Multiple Immunoassay
Test (EMIT) or some other screen test allowed
by DHHS for employees required to have CDLs .
C . Positive screens shall be confirmed by the Gas
Chromatography/Mass Spectrometer (GC/MS)
method.
d. When directed in writing by the MRO that an
employee has requested analysis of the split
specimen, the laboratory shall forward the
split specimen to another DHHS-certified
laboratory for testing.
4 . Primary Specimen Test Results
a. Negative Test Results
If the result of the test of the primary
specimen is negative, the MRO shall promptly report
a negative test to the Village and the employee.
b. Positive Test Results
1) Drug test results reported positive by
the laboratory shall not be deemed
positive or disseminated to the Village
until they are reviewed by the MRO.
2 ) If the result of the test of the primary
specimen is positive, the MRO shall,
contact the employee and give the
employee an opportunity to establish an
alternative medical explanation for the
positive test result.
a) If the MRO determines that the
positive result was caused by the
legitimate medical use of the
prohibited drug, or that the
positive result was otherwise in
error, the MRO shall report the drug
test result as negative.
39
b) If the MRO determines that there is
no alternative medical or other
explanation for the positive test
result, the MRO shall inform the
employee that s/he has seventy-two
(72 ) hours in which to request a
confirmation test of the split
specimen, and inform the Village
that the driver should be removed
from service.
3 ) The employee shall remain out of service
pending the result of the split sample
analysis .
5 . Confirmation/Split Specimen Test
a. If within seventy-two ( 72 ) hours of
notification of the positive result by the
MRO, the employee requests that the split
specimen test be conducted, the MRO shall make
written notice to the primary specimen
laboratory to forward the split sample to a
second laboratory.
b. If the employee has not contacted the MRO
within seventy-two (72 ) hours , the employee
may present to the MRO information documenting
that serious illness, injury, inability to
contact the MRO, lack of actual notice of the
positive test result, or other unavoidable
circumstances prevented the employee from
timely contacting the MRO. If the MRO
concludes that there is a legitimate
explanation for the employee' s failure to
contact the MRO within seventy-two (72 ) hours,
the MRO shall direct that analysis of the
split specimen be performed.
C. Waived or Positive Confirmation Test
1) If the employee waives his right to a
confirmation/split specimen test, or if
the confirmation/split specimen test is
positive, the MRO shall report a verified
positive test to the Village.
2) Upon receiving the results of the
positive test, the Village shall promptly
notify the employee and provide the
employee the opportunity to request full
information concerning the test results .
40
d. Alternative Test
If the employee requests that an alternative
test be undertaken, it shall be conducted at the
employee' s expense. The results of such test may
be admitted into evidence at any disciplinary
hearing on the issue of prohibited drug use, at the
employee' s discretion.
6 . Inability to Provide Adequate Sample
a. Employees who are unable to provide a urine
sample of forty-five milliliters shall be
offered additional drinking water and allowed
additional time before being required to
provide another urine specimen. The amount of
fluids the employee is given and the amount of
time he/she is allowed shall follow federal
D.O.T. rules .
b. If the employee is still unable to provide an
adequate sample, testing shall be discontinued
and the MRO shall refer the employee for a
medical evaluation to develop pertinent
information concerning whether the
individual' s inability to provide a specimen
is genuine.
1) The employee shall be placed out of
service until this determination is made.
2 ) If there is no verification that
inability to provide an adequate sample
was genuine, the employee will be deemed
to have refused to test.
B. Alcohol Testing Procedures
1 . Screening Test
a. All breath alcohol testing shall be conducted
through use of an Evidential Breath Testing
(EBT) device, in accordance with FHA rules and
DOT regulations .
b. Only a Breath Alcohol Technician (BAT) ,
trained in accordance with DOT regulations,
shall conduct testing with an EBT.
Supervisors of bargaining unit employees shall
not serve as BATS under any circumstances .
41
C. Testing Site
1 ) Testing locations shall ensure visual and
aural privacy to employees, sufficient to
prevent unauthorized persons from seeing
or hearing test results .
2 ) Before testing begins, the BAT shall
explain the testing procedure to the
employee and answer any questions s/he
may have.
3) An individually-sealed mouthpiece shall
be opened in view of the employee. The
mouthpiece shall then be attached to the
EBT.
4) Once testing is complete, the BAT shall
show the results to the employee.
d. Screening Test
1) If the result of the screening test is
less than 0 . 02 percent alcohol
concentration, the result is negative and
no further testing shall be done.
2 ) If the result of the screening test is an
alcohol concentration of 0 . 02 percent or
greater, a confirmation test shall be
performed.
2 . Confirmation Test
a. When required, the confirmation test shall be
performed not less than fifteen ( 15) minutes
nor greater than twenty (20) minutes after
completion of the screening test.
b. Employees with a breath alcohol concentration
between 0 . 02 and 0 . 04 may not perform or
continue to perform safety-sensitive functions
until the start of the employee' s next
regularly scheduled duty period, not less than
twenty-four ( 24 ) hours following
administration of the test.
C. If the result of the confirmation test is 0. 04
percent alcohol concentration or greater, the
result is positive.
42
3 . Inability to Provide an Adequate Amount of Breath
a. If an employee is unable to provide an
adequate amount of breath, the Village may
direct the employee to see a licensed
physician.
b. The employee may not perform safety sensitive
functions until s/he is evaluated, provided
the evaluation takes place within two (2 )
hours .
C. The physician shall examine the employee to
determine whether the employee' s inability
could have been caused by a medical condition.
d. If the physician determines, in his or her
reasonable medical judgment, that a medical
condition has, or with a high degree of
probability, could have, precluded the
employee from providing an adequate amount of
breath, the employee shall not be deemed to
have refused to take the test.
e. If the physician is unable to make this
determination, the employee shall be deemed to
have refused to take the test.
f. The Village shall pay any medical fees
assessed for the examination.
IV. CONSEQUENCES OF POSITIVE TEST RESULTS
A. Confirmed Breath Alcohol Test Result Between 0.02 and
0.04
An employee with a breath alcohol concentration result
between 0. 02 and 0 . 04 shall be removed from duty without pay
for twenty-four (24) hours or a retest below 0 . 02 .
B. Confirmed Breath Alcohol Test Result of 0.04 or More or
Other Prohibited Alcohol Conduct
1 . An employee with a breath alcohol concentration
result of 0 . 04 or more, or who has otherwise
violated the alcohol conduct rules set forth above,
shall be immediately removed from duty.
43
2 . The employee cannot resume the performance of
safety sensitive functions until s/he:
a. Is evaluated by a Substance Abuse Professional
(SAP) ; and
b. Complies with and completes any treatment
program recommended by the SAP; and
C. Completes the return to duty testing
requirements set forth above with a breath
alcohol content of less than 0 . 02 .
C. Confirmed Positive Urine Drug Test
1 . An employee who tests positive for any of the
prohibited controlled substances, or who has
otherwise violated the substance abuse rules set
forth above, shall be immediately removed from
duty.
2 . The employee cannot resume the performance of
safety sensitive functions until s/he:
a. Is evaluated by a Substance Abuse Professional
(SAP) ; and
b. Complies with and completes any treatment
program recommended by the SAP; and
C. Completes the return to duty testing
requirements set forth above with a negative
result.
D. Discipline
Any discipline imposed upon employees shall be subject to
the Disciplinary and Grievance Procedure provisions of the
Collective Bargaining Agreement.
E. Refusal to Test
Any employee who refuses to undergo required testing, as
set forth in this policy, shall be considered as having tested
positive and shall be immediately removed from duty. However,
if it is subsequently determined that the order to submit to
testing was in violation of this policy, the employee will be
made whole for any economic loss incurred during his/her time
off.
44
V. CONFIDENTIALITY OF RECORDS
All drug and alcohol test results and records shall be
maintained under strict confidentiality.
A. Employee Entitled to Information
Upon written request, the employee shall be promptly
furnished with copies of any and all records pertaining to
his/her use of alcohol and/or drugs, including any records
pertaining to conducted tests . The employee's access to the
records shall not be contingent upon payment for the records .
B. Conditions Under Which the Village Must Release Records
1 . To the employee, upon written request.
2 . When requested by federal or state agencies with
jurisdiction, when license or certification actions
may be required.
3 . To a subsequent employer pursuant to written
consent of the former employee.
4. To the decision maker in a grievance, arbitration,
litigation, or administrative proceeding arising
from a positive test result or employee initiated
action.
VI. EMPLOYEE ASSISTANCE PROGRAM
A. Voluntary Referral
1 . Before Testing
a.. Any bargaining unit employee who voluntarily
refers himself or herself to the City' s
Employee Assistance Program (EAP) before being
ordered to submit to a random, reasonable
suspicion, post-accident or return to duty
drug or alcohol test shall not be subject to
discipline.
b. Any bargaining unit employee who has
voluntarily referred himself or herself to the
EAP shall be subject to the same testing
procedures as an employee who has tested
positive for drug or alcohol use.
C . The employee shall be returned to regular work
duties only on the recommendation of the EAP
45
counselor and successful completion of a
return to duty medical exam.
2 . At Time of Testing
If a bargaining unit employee voluntarily refers
himself or herself to the EAP upon being ordered to
submit to a drug or alcohol test, the Village shall
consider such voluntary referral in mitigation of any
discipline.
B. Confidentiality of Referral
All EAP referrals shall be kept strictly confidential.
C. Rehabilitative Leave of Absence
1 . Accrued Leaves of Absence
An employee may use any accrued leave (e.g. sick,
vacation, personal, etc . ) for the purpose of
rehabilitation of a drug and/or alcohol problem.
2 . Extended Leave of Absence
Upon an employee' s request, the Village shall, to
the extent necessary for treatment and rehabilitation,
and subject to the General Leave provisions of the
Collective Bargaining Agreement, grant the employee an
unpaid leave of absence for the period necessary to
complete primary treatment of the employee' s drug and/or
alcohol problem.
46
APPENDIX C
VACATION ACCRUAL CHART
(A) From 0 months of service through completion of forty-eight
(48 ) months of service, bargaining unit employees shall accrue
vacation credits at the rate of 6 . 67 hours per month of
service (2 weeks) .
(B) From the beginning of the forty-ninth (49 ) month of service
through completion of 108 months of service, bargaining unit
employees shall accrue vacation credits at the rate of 10 . 0
hours per month of service (3 weeks) .
(C) From the beginning of the 109th month of service through
completion of 168 months of service, bargaining unit employees
shall accrue vacation credits at the rate of 12 . 0 hours per
month of service (3 weeks, 3 days ) .
(D) From the beginning of the 169th month of service through
completion of 228 months of service, bargaining unit employees
shall accrue vacation credits at the rate of 13 . 34 hours per
month of service (4 weeks) .
(E) From the beginning of the 229th month of service through
completion of 288 months of service, bargaining unit employees
shall accrue vacation credits at the rate of 15 . 33 hours per
month of service (4 weeks, 3 days ) .
(F) From the beginning of the 289th month of service and
thereafter, bargaining unit employees shall accrue vacation
credits at the rate of 16 . 67 hours per month of service (5
weeks ) .
47
INTERNATIO- 1L UNION OF OPERATL f ENGINEERS
LOCAL UNION NO. 150. 1508.150A. 1500. 150RA. 1500, 150G. 150M
♦fRuwTED WITH THE AY.i-C.I.O.AHO SUIL.-N T..o[s .[I/I THrHT
WILLIAM E. DUGAN _ , a noel 4e2-8800-FAX noel 482.7186
6200 PFESIOENT-BUSINESS MAHAGEn JOLIET ROAD
T COUNTRYSIDE.IL 60525 3992
GRIEVANCE h Wa1ti v11bi wa F rau.y,
Grievants Name: Data Filed:
STEP ONE
Date of Incident or Date Grievant Knew of Facts Giving Rise to Grievance:
Article(s)&Section(s)of Contract Violated:
Brief Stamment of Facts:
Remedy"u-ht-
Given To: Date and Time:
Grievant's Signature Representative's Signature
EMPLOYER'S STEP ONE RESPONSE
Employer Representative Signature Positions
Response Recipient Date
STEP TWO
Given To: Dam and Time:
Grievant's SignauLm Representative's Signature
EMPLOYER'S STEP TWO RESPONSE
Employer Representative Sigmwrc Position
Response Recipient Date
,1�a,a
STEP THREE
Reasons for Advancing Grievance:
Given To: Date and Time:
Grievant's Signature Representative's Signature
EMPLOYER'S STEP THREE RESPONSE
Employer Representative Signature Positions
Response Recipient Date
STEP FOUR
Reasons for Advancing Grievance:
Given To: Date and Time:
Grievant's Signature Representative's Signature
EMPLOYER'S STEP FOUR RESPONSE
Employer Representative Signature Position
Response Recipient Date
LETTER OF UNDERSTANDING
Pursuant to Section 18 . 3 of the Labor Agreement between the
International Union of Operating Engineers, Local 150, and the
Village of Elk Grove, the Village agrees to supply insulated orange
coveralls to all bargaining unit employees who are required to
perform outside work.
Executed this 12th day of February, 1997 .
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION
OF ELK GROVE VILLAGE OF OPERATING ENGINEERS,
LOCAL 150
61
LETTER OF UNDERSTANDING
In an effort to enhance safety, the International Union of
Operating Engineers, Local 150, and the Village of Elk Grove,
hereby agree to conduct monthly safety meetings during the next
twelve months . The purpose of these meetings shall be to identify
potential safety hazards and to find ways to eliminate them. These
safety meetings shall be held pursuant to Article XVI (Labor-
Management Meetings) of the Labor Agreement.
Executed this 12th day of February, 1997 .
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION
OF ELK GROVE VILLAGE OF OPERATING ENGINEERS , LOCAL 150
i`
J
LETTER OF UNDERSTANDING
All bargaining unit employees employed on the date this
Agreement is executed shall earn an additional floating holiday for
calendar year 1997 . In lieu of taking the day off, employees may
opt to accept eight ( 8 ) hours wages . The additional holiday, and
option to take it in cash, shall be a one-time benefit and shall
have no precedential effect on future years .
Executed this 12th day of February, 1997 .
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION
OF ELK GROVE VILLAGE OF OPERATING ENGINEERS , LOCAL 150
LETTER OF UNDERSTANDING
The parties hereby agree that the following employees shall be
paid at the wage rates listed below, on the effective dates
indicated, rather than at the wage scale effective for all other
employees as set out in Appendix A. These wage rates shall effect
these employees only, and shall have no precedential effect on
other employees whatsoever.
Emolovee Name 9/15/96 5/1/97 5 1 98
Dan Nicolini $21 .53 $22 . 17 $22 . 84
Keith Toomire $21 . 53 N/A N/A
Rob Roman $18 . 60 $19 . 16 $19 . 73
Executed this 12th day of February, 1997 .
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION
OF ELK GROVE VILLAGE OF OPERATING ENGINEERS , LOCAL 150
7� 'Y P
r