HomeMy WebLinkAboutRESOLUTION - 29-16 - 9/27/2016 - International Union of Operating Engineers Local 150 RESOLUTION NO. 29-16
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO
EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 150
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois:
Section 1: That the Mayor and Village Manager be and is hereby authorized to sign the
attached document marked:
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND INTERNATIONAL UNION
OF OPERATING ENGINEERS,LOCAL 150
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 Mayor and 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: 0 ABSENT: 0
PASSED this 27" day of September 2016.
APPROVED this 27th day of September 2016.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan,Village Clerk
RescollectivebargainingEngrLabor 150.2016.doc
AGREEMENT
between the
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
and
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 150,
September 13, 2016
Through
April 30, 2021
ARTICLEI RECOGNITION.........................................................................................................1
SECTION 1.1: RECOGNITION........................................................................................1
SECTION 1.2: NEW CLASSIFICATIONS.......................................................................1
ARTICLEII 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: COMPENSATORY TIME........................................................................6
SECTION 4.7: OVERTIME DISTRIBUTION AND ASSIGNMENT.............................6
SECTION4.8: CALLBACK..............................................................................................8
SECTION 4.9: STANDBY ASSIGNMENTS ...................................................................9
SECTION 4.10: NO PYRAMIDING...............................................................................11
SECTION 4.11: APPLICATION OF ARTICLE.............................................................11
ARTICLEV SENIORITY ...........................................................................................................11
SECTION5.1: DEFINITION...........................................................................................11
SECTION 5.2: BREAKS IN SERVICE...........................................................................12
SECTION 5.3: SENIORITY LIST...................................................................................12
SECTION 5.4: PROBATIONARY PERIOD...................................................................12
ARTICLE VI FILLING OF VACANCIES..................................................................................13
SECTION 6.1: PERMANENT VACANCY....................................................................13
SECTION6.2: POSTING ................................................................................................13
SECTION 6.3: SELECTION............................................................................................13
SECTION 6.4: INVOLUNTARY TRANSFER...............................................................14
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ARTICLE VII LAYOFF AND RECALL....................................................................................14
SECTION 7.1: DEFINITION AND NOTICE.................................................................14
SECTION 7.2: LAYOFF PROCEDURE.........................................................................14
SECTION7.3: RECALL..................................................................................................14
ARTICLE VIII DISCIPLINARY PROCEDURES......................................................................15
ARTICLE IX GRIEVANCE PROCEDURE...............................................................................15
SECTION 9.1: DEFINITION...........................................................................................15
SECTION 9.2: PROCESSING OF GRIEVANCE...........................................................16
SECTION 9.3: GRIEVANCE STEPS..............................................................................16
SECTION 9.4: GRIEVANCE FORMS............................................................................17
SECTION 9.5: TIME LIMITS .........................................................................................18
SECTION 9.6: PAID TIME.............................................................................................18
ARTICLEX HOLIDAYS............................................................................................................18
SECTION 10.1: GENERAL INFORMATION................................................................18
SECTION 10.2: SPECIFIC APPLICATIONS.................................................................18
SECTION 10.3: HOLIDAY PAY....................................................................................18
SECTION 10.4: FLOATING HOLIDAYS......................................................................18
ARTICLEXI VACATIONS........................................................................................................19
SECTION 11.1: VACATION ACCRUAL ......................................................................19
SECTION 11.2: VACATION USAGE............................................................................19
SECTION 11.3: VACATION PAY .................................................................................20
SECTION 11.4: VACATION SELECTION....................................................................20
SECTION 11.5: VACATION LEAVE RESTRICTIONS...............................................21
SECTION 11.6: VACATION PAY UPON DEATH OF EMPLOYEE...........................22
SECTION 11.7: LIMITATION ON ACCUMULATION OF VACATION....................23
ARTICLEXII LEAVES OF ABSENCE.....................................................................................23
SECTION12.1: SICK LEAVE........................................................................................23
SECTION 12.2: RETIREE HEALTH AWARD PROGRAM.........................................24
SECTION 12.3: EMERGENCY LEAVE........................................................................24
SECTION 12.4: MATERNITY/PATERNITY LEAVE ..................................................25
SECTION 12.5: DISABILITY LEAVE...........................................................................25
SECTION 12.6: FUNERAL LEAVE...............................................................................25
SECTION 12.7: MILITARY LEAVE..............................................................................25
SECTION 12.8: JURY OR WITNESS DUTY LEAVE..................................................26
SECTION 12.9: FAMILY AND MEDICAL LEAVE.....................................................26
SECTION 12.10: TIME OFF TO VOTE.........................................................................27
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SECTION 12.11: DISCRETIONARY LEAVE OF ABSENCE......................................27
ARTICLE XIII HEALTH INSURANCE.....................................................................................27
SECTION 13.1: HEALTH INSURANCE COVERAGE.................................................27
SECTION 13.2: COST OF MEDICAL AND DENTAL INSURANCE.........................28
SECTION 13.3: TERM LIFE INSURANCE...................................................................28
SECTION 13.4: EMPLOYEE ASSISTANCE PROGRAM (EAP).................................28
SECTION 13.5: SECTION 125 FLEX PROGRAM........................................................28
SECTION 13.6: COST CONTAINMENT.......................................................................28
ARTICLE XIV EMPLOYEE TRAINING AND EDUCATION.................................................29
SECTION 14.1: POLICY.................................................................................................29
SECTION 14.2: REIMBURSED TRAINING.................................................................29
SECTION 14.3: EDUCATIONAL INCENTIVE ............................................................30
SECTION 14.4: CROSS-TRAINING..............................................................................30
ARTICLEXV SAFETY...............................................................................................................30
SECTION 15.1: UNSAFE CONDITIONS ......................................................................30
SECTION 15.2: SAFETY GRIEVANCE........................................................................30
ARTICLE XVI LABOR-MANAGEMENT MEETINGS ...........................................................31
SECTION 16.1: MEETING REQUEST..........................................................................31
SECTION 16.2: CONTENT.............................................................................................31
SECTION 16.3: REPRESENTATION ............................................................................31
ARTICLE XVII SUBCONTRACTING.......................................................................................31
SECTION 17.1: GENERAL POLICY.............................................................................31
SECTION 17.2: MEET AND DISCUSS .........................................................................31
ARTICLE XVIII UNIFORMS, TOOLS AND EQUIPMENT....................................................31
SECTION 18.1: UNIFORMS...........................................................................................31
SECTION 18.2: PROTECTIVE CLOTHING .................................................................32
SECTION 18.3: WINTER CLOTHING..........................................................................32
ARTICLE XIX PERSONNEL RECORDS..................................................................................30
SECTION 19.1: PERSONNEL RECORDS.....................................................................32
SECTION 19.2: RIGHT OF INSPECTION AND COPIES............................................32
SECTION 19.3: ACCIDENT REPORTS.........................................................................32
SECTION 19.4: EMPLOYEE EVALUATIONS.............................................................33
ARTICLE XX NON-DISCRIMINATION ..................................................................................33
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SECTION 20.1: PROHIBITION AGAINST DISCRIMINATION.................................33
SECTION 20.2: UNION ACTIVITY...............................................................................33
ARTICLE XXI NO STRIKE/NO LOCKOUT...........................................................................33
SECTION 21.1: NO STRIKE...........................................................................................33
SECTION 21.2: NO LOCKOUT .....................................................................................33
ARTICLE XXII MANAGEMENT RIGHTS...............................................................................33
SECTION 22.1: MANAGEMENT RIGHTS...................................................................33
SECTION 22.2: BUDGETARY AUTHORITY..............................................................34
ARTICLEXXIII WAGES ...........................................................................................................34
SECTION23.1: WAGE RATES......................................................................................34
SECTION 23.2: LONGEVITY........................................................................................34
SECTION 23.3: TEMPORARY UPGRADE ASSIGNMENTS......................................35
ARTICLE XXIV DRUG AND ALCOHOL POLICY.................................................................35
ARTICLEXXV SMOKING POLICY.........................................................................................35
ARTICLE XXVI SAVINGS CLAUSE........................................................................................35
ARTICLE XXVII ENTIRE AGREEMENT................................................................................36
ARTICLEXXVIII TERMINATION...........................................................................................36
APPENDIXA WAGES ............................................................................................................ A-1
APPENDIX B DRUG AND ALCOHOL POLICY ...................................................................B-1
APPENDIX C VACATION ACCRUAL CHART....................................................................0-1
APPENDIX D GRIEVANCE INITIATION FORM ................................................................ D-1
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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 1.
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: Assistant Mechanic, Custodian, Fleet Service Attendant,
Maintenance Worker, Mechanic, 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.
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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, Floating Holiday, 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) Fleet Services Garage lunch room;
2) Landmeier Facility—one in, lunchroom.
3) Village Hall Maintenance Office Storage Area.
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 four(4) Stewards and will provide written notice to
the Village Manager to identify the Stewards. The four(4)Union stewards shall be comprised of
one (1) representative each for the following Division and/or activity; Infrastructure
Maintenance, Infrastructure Fleet, Operations Maintenance, and Operations Building.
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 employee, such authorized
deductions shall be made in accordance with the law and shall be remitted to the Union on a
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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.
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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 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.
4) 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.
5) A fifteen (15) minute cleanup period will be allowed at the end of the
work day, which shall be defined as the end of the normal work day or the
end of an overtime period whichever is later, excluding callback overtime.
(C) Summer Flex Time Schedule
Each Village division overseeing bargaining unit employees may, at its
discretion, offer flex time scheduling to bargaining unit employees. 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. If requested, the
Village shall provide a reason for denying a request to work flex time.
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 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. If operations
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require working through the normal lunch period the employee shall be allowed a short period of
time to eat as determined by the supervisor and shall be paid for the normal lunch time. The
employee may leave work one-half(1/2) hour early or be paid overtime as determined by the
Deputy Director or his designee. Bargaining unit members shall be given 15 minutes prior to the
lunch period for travel and cleanup. Abuse of the lunch and/or rest period benefit is a serious
matter which will lead to discipline of the abuser.
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, floating holiday hours, or compensatory time to complete the remainder of the
work day with compensation. For purposes of this Section only, employees shall be permitted to
utilize compensatory time in increments of two (2)hours.
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 four(4) or more consecutive hours of overtime will be offered a
thirty (30) minute paid rest period at a time reasonably designated by their supervisor during the
overtime work period, except that regularly or pre-scheduled overtime work will be treated as a
regular work day for meal break purposes.
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.
(B) A bargaining unit employee shall be paid at twice his/her regular hourly rate
of pay for all hours worked on Sundays.
(C) A bargaining unit employee working non- scheduled overtime on any
holiday, or scheduled overtime on any holiday except the day after
Thanksgiving, shall be paid at one and one-half his/her hourly rate of pay
for all such holiday hours worked up to eight(8)hours, and shall then
receive twice his/her regular hourly rate of pay for all such hours worked
beyond eight(8) hours.
(D) 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
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or compensatory time off. 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: COMPENSATORY TIME
At the employee's option, overtime including the time and one-half premium pay earned
on holidays worked, may be accumulated as compensatory time due, calculated at the overtime
rate in lieu of pay. All compensatory time earned from whatever source, may be earned or
accumulated to a maximum of six (6) days. There shall be no carry-over of the compensatory
hours unless approved in writing by the Village Manager; if the carryover is not allowed, the
accrued compensatory time shall be paid out at the employee's current rate on the last day of the
fiscal year.
Compensatory time off may only be used in time blocks of eight (8) consecutive hours at
a time mutually agreed to between the employee and the Employer with a minimum of five (5)
working days notice, absent emergency. The notice period may be reduced with the approval of
the appropriate Deputy Director. When scheduling compensatory time there must be a minimum
shift strength as reasonably determined appropriate by the Deputy Director. Should the
foregoing be held to violate the FLSA, then this Section 4.6 shall automatically expire by its
terms. Compensatory time cannot be scheduled on the annual vacation schedule until all primary
vacation weeks are scheduled. A compensatory time off day is subject to the same restriction as
vacation leave.
SECTION 4.7: OVERTIME DISTRIBUTION AND ASSIGNMENT
The Village shall have the right to determine when overtime work is necessary. The
Village, absent emergency, shall normally distribute overtime to bargaining unit employees
according to the following guidelines:
(A) Continuation of Task Overtime
This overtime shall be defined as any work that is contiguous with the end
of the normal workday. Bargaining unit employees performing a task during
normal working hours may be required to complete the task on overtime.
Supervision will give as much notice as reasonably possible to employees that
overtime work may be needed. Employees may be excused from continuation of
task overtime if they provide a qualified alternate to cover their responsibilities
and obtain approval of supervision.
(B) Emergency Overtime
Except in times of emergency when immediate actions are required to
control the situation,the following procedures for overtime assignment shall
apply:
(1) First, on weekends and holidays to the qualified standby personnel
within the job classification that normally performs the work, and
on weekdays to qualified employees on the volunteer emergency
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overtime list in the job classification that normally performs the
work.
(2) Second, to any qualified employee in the activity that normally
performs the work and who affirmatively advise supervision of
their interest and availability to work overtime on a daily basis.
(3) Third, to any qualified employee in whatever order deemed
appropriate.
The Village shall post, one week in advance, a weekday volunteer
emergency overtime list. Bargaining unit individuals may volunteer on a daily
basis. The volunteer employee list shall consist of personnel from the
maintenance worker classification. Persons on the list shall provide a means of
contact, and absent an emergency of their own, shall be available and not refuse
when called in. Volunteers who cannot be reached or who refuse when called
three (3)times in any calendar year may be removed from any future voluntary
emergency overtime list.
It is understood that, time permitting, the Village shall call in and utilize
qualified bargaining unit employees to perform overtime work before supervisors
will be called upon to operate departmental equipment if qualified employees are
ready, willing and able to perform the work. The Union acknowledges that the
Village has a right to have supervisory personnel work on departmental
equipment for certain reasons and under certain unique circumstances such as, but
not limited to, a)training; b) where there is not an individual available who is
trained to operate the equipment or where such a person is available but does not
want to continue to operating equipment for some reason; c) where there is an
individual qualified to operate the equipment but the individual cannot or should
not continue to operate that equipment because of fatigue; d) where there is an
available person who is qualified and trained but their use would disrupt the
functioning crew; e) where there is a bargaining unit person trained and available
but the work involved is diminimis i.e. is very short in nature; and f) where there
may be a bargaining unit member that is minimally trained to perform the work
but is not as proficient as the supervisor.
(C) Scheduled and Special Event Overtime
The Village shall provide at least forty-eight (48) hours advance notice of
scheduled overtime assignments whenever possible. Employees shall receive a
minimum of two (2) hours pay for scheduled overtime assignments actually
worked or where overtime which is scheduled to be performed on the employee's
day off is canceled and employees are given less than two (2)hours notice prior
to the beginning of such scheduled overtime work.
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Procedures for scheduled and special event overtime are:
(1) First, on weekends and holidays to the qualified standby personnel
within the job classification that normally performs the work, and
on weekdays to qualified employees on the volunteer emergency
overtime list first in the activity and then job classification that
normally performs the work.
Standby personnel may be required to provide a qualified
replacement when accepting scheduled and special event overtime,
if deemed necessary, by a Deputy Director.
(2) Second,to any qualified employee first in the activity and then job
classification that normally performs the work and who
affirmatively advise supervision of their interest and availability to
work overtime on a daily basis.
(3) Third,to any qualified employee in whatever order deemed
appropriate.
(D) Ice Control Overtime (November 1 through March 31)
Routes for snow and ice control operations shall be pre-assigned to
employees within Infrastructure Division, Maintenance for street salting
operations as well as the Operations Division, Building for facility salting
operations prior to the start of the season and, absent significant changed
circumstances, will be effective the entire season. Employees may obtain
occasional relief of assignment by designating a qualified alternate to replace
them for a specific period of time,provided they give notice to, and obtain
approval of, supervision in accordance with Section 11.5 (B). The Village shall
find replacements from Infrastructure Division, Maintenance, if any are available,
for employees assigned to ice control who are on vacation or sick leave, and shall
give the alternate forty-hours (48) notice whenever possible.
(E) Snow Control Overtime (November 1 through March 31)
The same provisions shall apply for snow control as are provided for Ice
Control except that the term" Infrastructure Division, Maintenance" shall be
replaced with"Department".
SECTION 4.8: CALLBACK
A"callback" is defined as an official assignment of work which does not continuously
follow an employee's regularly scheduled working hours with the exception of snow and ice
operations where a call back shall precede or follow 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. Callbacks shall commence when the employee punches in on the Public Works time clock.
It is expressly agreed that a callback is for a specific purpose and the Employer shall not assign
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employees who complete their callback assignment to unnecessary additional work in order to
fill the remaining hours.
SECTION 4.9: STANDBY ASSIGNMENTS
(A) Weekends and Holidays-Maintenance Worker
(1) Each weekend and on all designated holidays, two (2) maintenance workers
shall be issued pagers for standby duty. The standby employees, one (1)
from the Infrastructure Division and one (1) from the Operations Division,
shall be selected from a list which rotates among relevant employees.
Effective January 1, 2017, the maintenance worker in each division
selected for the weekend standby assignment may find a replacement to cover
his/her shift and carry the pager, for no more than two (2) of their assigned
weekends, however,the maintenance worker may trade any remaining assigned
weekends with another maintenance worker. All replacements or trades must
be made within the same division and require prior approval of the Director or
his/her designee.
(2) Standby employees shall be paid the compensation as noted below for
standby assignments. Standby employees s h a 11 be compensated at the
employee's hourly rate for hours worked with the minimum
callback guarantee as stated above.
Weekend Holiday
Standby Standby
Effective May 1, 2016 $65.00 $75.00
Effective May 1, 2017 $70.00 $75.00
Effective May 1, 2018 $70.00 $75.00
Effective May 1, 2019 $75.00 $80.00
Effective May 1, 2020 $80.00 $80.00
(B) Weekends and Holidays-Mechanic
(1) Each weekend and on all designated holidays, 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 Mechanic selected
for weekend standby assignment may find a replacement to cover his/her
shift and carry the pager, provided he/she gives proper written notice to the
Director or his/her designee.
(2) Weekend and holiday standby assignments for the Mechanics shall remain
consistent with prior practice and procedure.
(3) Standby employees shall be paid the compensation as noted below for
standby assignments. Standby employees s h a 11 be compensated at the
employee's hourly rate for hours worked with the minimum
callback guarantee as stated above.
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Weekend Holiday
Standby Standby
Effective May 1, 2016 $65.00 $75.00
Effective May 1, 2017 $70.00 $75.00
Effective May 1, 2018 $70.00 $75.00
Effective May 1, 2019 $75.00 $80.00
Effective May 1, 2020 $80.00 $80.00
(C) Weekends and Holidays -Utility System Operators
(1) Each weekend and on all designated holidays, one (1) Utility System
Operator (USO) shall be issued a pager for standby duty. The standby
employee shall be selected from a list which rotates among the USO's. The
USO selected for weekend standby assignment may find a replacement to
cover his/her shift and carry the pager, provided he/she gives proper written
notice to the Director or his/her designee.
(2) Standby employees shall be paid the compensation as noted below for standby
assignments. Standby employees s h a I I be compensated at the employee's
hourly rate for hours worked with the minimum callback guarantee as stated
above.
Weekend Holiday
Standby Standby
Effective May 1, 2016 $65.00 $75.00
Effective May 1, 2017 $70.00 $75.00
Effective May 1, 2018 $70.00 $75.00
Effective May 1, 2019 $75.00 $80.00
Effective May 1, 2020 $80.00 $80.00
(D) Standby Assignment Contact Information
(1) Bargaining unit members will have the option on an annual basis to designate a
preferred contact method (i.e. cell phone or home phone) at which they may be
contacted. In the event the preferred contact is not answered, the bargaining
unit member will immediately be contacted via the Village assigned pager.
(2) The Department at its sole discretion may elect to replace the pagers with other
technology (excluding large heavy radios) at any time throughout this contract.
(E) Weekends and Holidays Splash Pad Assignment
The Village operates a recreational splash pad facility on the Village Green
adjacent to the Municipal Complex. The operation of this facility requires basic
operational checks twice per day including weekends and holidays. Due to the
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limited scope and duration of this operation, the work shall be considered part of
the standby assignment for Utility Service Operators. The USO assigned standby
duty shall be responsible for the splash pad duties for the weekend and/or holiday.
The splash pad assignment shall be performed twice per day once in the morning
and once in the late afternoon or evening. The actual time of day the work task is
performed will be at the discretion of the bargaining unit member. The checks will
be performed only on the weekends that the splash pad is in operation. The splash
pad will typically be operated from the Memorial Day weekend to mid-October,
dependent on weather.
The standby USO shall have the responsibility for coverage of this operation
however; they may designate an alternate qualified bargaining unit member to
perform the task for any or all of the checks. The alternate bargaining unit
members shall be trained in the operation of the splash pad and approved by the
Village. Specialized training for this work shall be limited to two to three
bargaining unit members. The Village retains the right to determine which
bargaining unit members to train or not train for this task.
Bargaining unit members electing to use a Village vehicle to perform this work
shall be in uniform. Bargaining unit members may use personal vehicles for
transportation to the site, similar to reporting to an alternate facility location. The
Village assumes no liability for any private vehicles used for transportation to the
splash pad site.
The bargaining unit member performing the Weekend and Holiday Splash pad
operational check shall be paid thirty-five (35) dollars per check on weekends and
holidays. The bargaining unit member shall only be compensated for those checks
they perform. The DSO's shall continue to receive standby assignment pay per
Section 4.9 (C).
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 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 IV
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
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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 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 (12) months of employment, or as stated
in Section 6.3, below. Probationary employees shall be evaluated every three (3)months. 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.
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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. The Village at its discretion may post a
concurrent external advertisement for the position. 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. Employees on Vacation leave shall be given sufficient
opportunity to apply for promotional openings.
SECTION 6.3: SELECTION
The Village shall fill a Maintenance Worker vacancy amongst the Infrastructure or
Operations Division by selecting the most senior employee in the bargaining unit, provided the
employee is qualified to do the job. Qualification 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 vacancy.
The Village shall fill a vacancy that would result in a promotion of a bargaining unit
member by selecting the most qualified candidate by either promoting a qualified internal
candidate or hiring an external candidate. Where skill, ability, experience and training are equal
among an internal candidate and external candidate,the internal candidate shall fill the vacancy;
where skill, ability, experience and training are equal among two or more fully qualified
bargaining unit candidates, seniority in the bargaining unit shall be the determining factor.
An employee who is promoted from one bargaining unit to another under Section 6.3
shall be considered "on probation" in their new position for a period of six (6) months. This six
(6) month probationary period may be extended by the Village for the length of time necessary
for the employee to obtain the necessary qualifications for the job (including the occurrence of a
family or similar emergency situation which may, for example, make it impossible for an
employee to obtain a necessary license). If an employee who has been promoted under this
Section 6.3 at any time simply cannot perform the job during the six month probationary period
in the judgment of the Deputy Director(as opposed to engaging in disciplinary conduct, for
example), then the employee will be demoted to his/her prior position and the most junior
employee in that position will be laid off if the Village believes a layoff is necessary or
appropriate.
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SECTION 6.4: INVOLUNTARY TRANSFER
Should the Village need to move bargaining unit employees between divisions because of
a temporary personnel shortage, it shall do so by permitting employees to volunteer for such
assignment in order of seniority among those qualified to perform the work. If enough
volunteers cannot be found,the Village may assign employees in inverse order of seniority
among those qualified to perform the work. However, an employee shall not be transferred for
more than one (1) year without his/her agreement, and employees previously transferred may not
be transferred again until the employee who has the next-least seniority among those qualified to
perform the work without further training has also been transferred.
ARTICLE VII
LAYOFF AND RECALL
SECTION 7.1: DEFINITION AND NOTICE
A layoff is defined as a reduction in currently filled 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 (2 1) 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.
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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.
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.
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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, 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: DEPUTY DIRECTOR
The employee, with or without a Union representative, may file a written
grievance to the appropriate Deputy Director within ten(10) business days of the event
giving rise to the grievance, or within ten(10) business days of when the employee
reasonably should have realized that a dispute existed. Before the written grievance is
filed, the union steward shall attempt to discuss the matter with the Supervisor to ensure a
better understanding of the facts and merits. Such discussion or pre-grievance meeting
may be held on Village time if deemed appropriate by the supervisor.
The Deputy Director shall schedule a conference with the Union within ten(10)
business days of receipt of the grievance to attempt to adjust the matter. The Deputy
Director shall submit a written response within ten (10) business days of the conference.
If the conference is not scheduled, the Deputy Director shall respond to the grievance in
writing within ten (10) business days of receipt of the written grievance.
STEP TWO: DIRECTOR OF PUBLIC WORKS
If the grievance remains unsettled after the response in Step One,the Union may
submit a written appeal to the Director of Public Works within ten(10) business days of
the Step One 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 THREE: VILLAGE MANAGER
If the grievance remains unsettled after the response in Step Two,the Union may
submit a written appeal to the Village Manager within ten (10)business days of the Step
Two response. The Manager, or his or her designee, shall schedule a conference within
fifteen(15) business days of receipt of the appeal to attempt to adjust the matter. The
Manager or his/her designee shall submit a written response within fifteen (15) 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 twenty (20)business days of
receipt of the appeal.
STEP FOUR: ARBITRATION
If the grievance remains unsettled after the response in Step Three, the Union may
refer the grievance to arbitration within fifteen (15) business days of the Step Three
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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. If 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.
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 specific section(s) of this Agreement that have been allegedly violated,the date of
the alleged violations and the specific relief being sought. The form shall be signed and dated by
the Grievant or the Union representative who filed the grievance. A scrivener's error on a
grievance form, shall not be grounds for denial of the grievance.
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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.
SECTION 10.3: HOLIDAY PAY
In addition to the normal eight(8)hours holiday pay benefit, employees who work
overtime on any fixed holiday shall receive overtime compensation in accordance with Section
4.5.
SECTION 10.4: FLOATING HOLIDAY
At least twenty-four(24) hours notice, absent extenuating circumstances, must be
provided to the Village by an employee seeking to utilize a floating holiday. The request to use a
floating holiday may not be unreasonably denied.
Employees utilizing a floating holiday on Friday or Monday shall not be required to work
the weekend and employees utilizing a floating holiday on the day before a holiday or the day
after a holiday shall not be required to work the holiday or the contiguous weekend, except
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during the snow season defined as November I to March 31 (refer to Section 11.5 (B) for snow
season restrictions).
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:
(A) Employees hired in the first quarter of the year(January, February, March)
shall be eligible for four (4) floating holidays.
(B) Employees hired in the second quarter of the year(April, May, June) shall
be eligible for three (3) floating holidays.
(C) Employees hired in the third quarter of the year(July, August, September)
shall be eligible for two (2) floating holidays.
(D) 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 four(4) days' notice. All other vacation leave shall be taken in minimum
one-week periods, unless approved by the Department Head or his/her designee.
Additional single day vacation requests with reasonable notice shall, as with all
other vacation requests, not be unreasonably denied.
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(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.
(E) Employees utilizing vacation time on Friday or Monday shall not be required to
work the weekend, and employees utilizing vacation time on the day before a
holiday or the day after a holiday shall not be required to work the holiday or the
contiguous weekend, except during the snow season defined as November 1 to
March 31.
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) During the month of December of each year, employees may reserve up to two
"primary" weeks of vacation leave for the next calendar year to be selected by
seniority in each division/activity/job classification(Infrastructure Maintenance,
Infrastructure Fleet, Operations Maintenance, Operations Building, Utility System
Operators). Primary weeks of vacation must be a contiguous five days (Monday
through Friday). If a holiday falls within the primary week then the bargaining
unit member shall select the additional day or days at either the end of the prior
week or beginning of the next week. Each employee shall have up to 2 days to
make their primary weeks selection. Primary weeks not selected in December
shall have no priority thereafter for seniority selection or bumping purposes.
Absent an extenuating circumstance outside of the employee's control,bargaining
unit employees shall not be allowed to cancel or change their primary week
selections. Rescheduling a primary vacation may only be approved by the
Director upon receipt of written documentation substantiating the extenuating
circumstance.
(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 the greater seniority shall have first preference. The supervisor
shall advise the employee within seven(7) calendar days if a vacation request is
approved or denied.
(C) All vacation for each calendar year shall be scheduled no later than October 1 of
that calendar year.
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(D) Overused vacation or floating holidays at the end of the calendar year shall be
deducted from the employee's available time off the next year.
(E) The employee's Deputy Director, or designee when the Deputy Director is absent,
shall inform the employee of the outcome of the vacation request.
SECTION 11.5: VACATION LEAVE RESTRICTIONS
(A) Non-Snow Season Restrictions (April 1 to October 31)
(1) Mechanics
No more than two (2) bargaining unit employee assigned to the Mechanic
classification may take Vacation Leave during the same period of time,
except that a total of three (3) Mechanics in Fleet Services may be on one
(1) day overlap. Additional Mechanics may take Vacation Leave with
approval of the appropriate Deputy Director or designee.
(2) 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 Deputy Director or designee.
(3) Maintenance Workers - Infrastructure Maintenance
No more than three (3) Maintenance Workers in the Infrastructure
Maintenance may take Vacation Leave during the same period of time,
except that four(4) such Maintenance Workers may be on a one (1) day
overlap. Additional Maintenance Workers in the Infrastructure
Maintenance may take Vacation Leave with approval of the appropriate
Deputy Director or designee.
(4) Maintenance Workers - Operations Maintenance
No more than three (3) Maintenance Workers in the Operations
Maintenance may take Vacation Leave during the same period of time,
except that four(4) such Maintenance Workers may be on a one (1) day
overlap. Additional Maintenance Workers in the Operations Maintenance
may take Vacation Leave with approval of the appropriate Deputy
Director or designee.
(5) Utility System Operators
No more than one (1) Utility System Operator may take Vacation Leave
during the same period of time. Additional Utility System Operators may
take Vacation Leave with approval of the appropriate Superintendent or
designee.
(6) Maintenance Workers - Operations Building
No more than one (1) Maintenance Worker assigned to the Operations
Building may take Vacation Leave during the same period of time, except
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that two (2) such Maintenance Workers may be on one (1) day overlap.
Additional Maintenance Workers in the Operations Building may take
Vacation Leave with approval of the appropriate Deputy Director or
designee.
(B) Snow Season Restrictions (November 1 through March 31)
(1) During the snow season, defined as November 1 to March 31, no more
than seven (7) bargaining unit employees shall be granted leave (i.e.
vacation, comp time, floating holiday) and therefore relief from their snow
fighting responsibilities that includes Saturdays, Sundays, and Holidays.
Additional bargaining unit employees may be granted time off for leave
(i.e vacation, comp time, floating holiday) if they provide written
confirmation that they will be available to cover their snow fighting
responsibilities during their approved time off and if all other
circumstances permit. Accordingly, only one fleet services employee, one
utility system operator, two maintenance workers in Infrastructure
Maintenance,two maintenance workers in Operations Maintenance, and
one maintenance worker in Operations Building activity shall be permitted
the use of time off at any one time. Employees within the
division/activity/job classification that are unavailable because of
extended leave (i.e. sick time, injury, restricted duty, military leave, etc.)
shall be included in the totals of personnel allowed off on any given day.
(2) Upon request from the Union,the Department may increase the number of
bargaining unit employees granted relief from their snow fighting
responsibilities to 8, 9, or 10 (depending upon the number of employees
unavailable because of extended leave (i.e. sick time, injury, restricted
duty, military leave, etc.), so long as the Department is able to replace
such 81h, 9th, or 10th person, from any source within or without the
department including supervisors as determined appropriate by the Snow
Commander or his designee.
(3) The Union acknowledges that if all bargaining unit employees are on
vacation, working, or otherwise unavailable for snow operations, then the
Department may fill vacant routes with anyone within or without the
Department including supervisors as determined appropriate by the Snow
Commander or his designee. Once bargaining unit employees become
available they shall replace the non-bargaining unit personnel in the snow
operations.
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 than twelve (12) months of
continuous service at termination shall not receive any vacation pay.
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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.
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 five
(5) occurrences (an occurrence is an absence from work of four (4) or more hours)
in a continuous twelve (12) month period, medical proof of illness or injury may
be required by the Department Head or his/her designee if he/she reasonably
believes that the employee has abused sick leave before an employee may return
to work or receive sick leave benefits. Medical proof of illness provided by a
medical professional and submitted by the employee for an absence shall excuse
the employee for that occurrence and shall not be further counted as an
occurrence.
(D) Notification of Usage
Absent emergency, notice of absence due to illness or injury shall be given to a
member of management at the earliest opportunity but no less than thirty (30)
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.
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(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 (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
un-excused absence shall be an additional cause for disciplinary action.
SECTION 12.2: RETIREE HEALTH AWARD PROGRAM
Employees covered by this Agreement who retire from the service of the Village of Elk
Grove Village with at least twenty (20) years of service at the time of their retirement, shall be
compensated upon retirement for certain unused sick days as described below:
(A) Threshold: In order to qualify for any retiree health award benefit, the employee
must have accrued at a minimum 80 days (640 hours) of full accrued sick leave
days at the time of retirement.
(B) Amount of Retiree Health Award Benefit: Employees qualifying for this Retiree
Health Award Benefit shall receive the following percentage payments of the
value of each sick leave day, or portion thereof to be bought back by the Village,
at the employee's rate of pay at the time of retirement:
Years of Employment Effective Date
at the Time of
Retirement 5/1/2016 through 4/30/2021
20 or more 50%
(C) Qualified Medical Savings Plan: The affected bargaining unit member's retiree
health award and benefits payments shall be deposited in a qualified medical
savings plan in pre-tax dollars. The use of said funds shall be regulated by the
plan, and any administrative costs shall be paid by the plan or plan participants.
Payments to the fund shall be made on the first of the month following the month
the employee retires.
SECTION 12.3: EMERGENCY LEAVE
Employees are eligible for Emergency Leave benefits in the event of illness and/or injury
in the employee's immediate family, so long as the employee's presence is necessary. 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
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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 12.4: 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 12.5: DISABILITY LEAVE
In the event of a temporary disability, an employee may apply for disability payment
through the Illinois Municipal Retirement Fund (IMRF).
SECTION 12.6: 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.
An employee, upon the approval of his/her Department Head, may be authorized to use
up to eight (8) hours Sick Leave to attend a funeral not covered by this policy. The Department
Head's approval will be based on the Department's operational requirements and such leave
shall not be unreasonably denied.
SECTION 12.7: MILITARY LEAVE
(A) Full-time, non-probationary employees who leave active employment for the
purpose of being inducted, entering, 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.
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(2) Application for re-employment is made by the employee within thirty-one
(3 1) 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 or 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 12.8: 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 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 12.9: 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.
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(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 of this agreement
to employees who take Family and Medical Leave.
SECTION 12.10:TIME OFF TO VOTE
Employees will be granted necessary time off with pay to vote in formal local, state and
national elections.
SECTION 12.11:DISCRETIONARY LEAVE OF ABSENCE
Employees may request through the Department Head a leave of absence upon
exhaustion of paid benefits.
ARTICLE XIII
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
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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 fifteen 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.
Notwithstanding any other provisions of this Article on insurance,the Village reserves the
right,after prior consultation with the Union,to make the minimal amount of changes in insurance
benefit levels which the Village reasonably believes are necessary to avoid imposition of the
Affordable Care Act's Excise "Cadillac" Tax. Any such changes must also be made applicable to
all unrepresented Village employees covered by the Village's insurance plan(s).
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 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.
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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 and AED classes shall be offered once per calendar year every other 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(8)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 to $7.00
for breakfast, $10.00 for lunch and $19.00 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. Employees shall not receive any additional compensation for
training courses for school programs they elect but are not required to attend, even
though those courses or schools are approved by the Village, where such
attendance is during the employee's non-scheduled work time, unless the Village
agrees otherwise in writing prior to the employee's attendance in the course. Any
outside training provided by the Village shall be considered a special assignment
which may be assigned, as necessary, outside of the normal work day hours. The
Village may reschedule the normal workweek for training with the employee's
agreement.
(B) The Village shall reimburse all bargaining unit employees the additional cost of
obtaining and/or renewing their Commercial Driver's Licenses. All bargaining
unit members except Custodians shall be expected to obtain and maintain a Class
B commercial driver's license (CDL) with an Air Brake and Tanker Endorsement
as a condition of continued employment with the Village. Any employee who has
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a Class A CDL shall maintain such license as required by the Village. All newly
hired employees shall be required to obtain a Class B CDL with endorsements
within 6 months of hire as a condition of continued employment. All employees
are encouraged to obtain a Class A CDL with endorsements. Any testing will be
on Village time and the Village will pay all fees for the test.
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
(A) Bargaining unit employees who have less than ten (10) years of service may be
transferred between divisions for a period up to one (1) year for purposes of cross-
training. After the cross-training period expires, employees may be transferred to
another division for cross training, or will be returned to their original division
unless they agree to remain in the new division.
(B) Bargaining unit employees with greater than ten (10) years service or those who
have received one (1) year of cross training in the Infrastructure Maintenance,
Operations Maintenance and Operations Building may be transferred between
these division activities for a period up to two (2) weeks per calendar quarter for
the purposes of training. At the request of bargaining unit employee, the length of
the training period may be extended with the approval of the Director or his/her
designee. After the training period, the employee will return to their former
division unless they agree to remain in the new division.
(C) The Village shall have no obligation to train bargaining unit employees on
equipment that is rarely used.
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.
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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 XVII
UNIFORMS, TOOLS AND EQUIPMENT
SECTION 18.1: UNIFORMS
The Village shall provide an allotment of work uniforms including cleaning service for
each employee. During regular working hours or in an emergency situation when practical,
employees shall wear their designated uniform and safety clothing kept in a clean and neat
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manner, with the Village name or logo visible on the outermost layer of clothing unless
otherwise covered by Village-issued safety equipment.
Bargaining unit members may individually purchase clothing approved by the Village
which shall bear the Village's Public Works logo. The Director shall select three (3) items (i.e
sweat shirt, light weight jacket) and shall designate one approved vendor. The bargaining unit
member shall purchase the designated item directly from the vendor at the price established by
the vendor. Only approved styles and colors of the designated items will be allowed.
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. The Village may reasonably
require bargaining unit employees to wear Village approved safety shoes/boots on the job
(except for boots equipped with electrical hazard protections, if an appropriate letter is received
by the Village from the Union insisting upon the elimination of such protective footwear) and the
Village will reimburse each employee up to $150 during each fiscal year upon proof of purchase
of approved safety shoes/boots.
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. Insulated outer wear shall consist of an insulated jacket
with Public Works insignia and insulated bib overalls. The Village will repair or replace
insulated outer wear when, in the Village's judgment, such repair or replacement is necessary
and so long as any damage was not caused by the employee's negligence.
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.
SECTION 19.3: ACCIDENT REPORTS
Copies of any and all accident reports signed by bargaining unit employees shall be given
to the employee within five (5) business days, upon signing. A supervisor may thereafter add
comments which shall not be binding upon the employee. An employee shall receive a copy of
the accident report after any comments are added by a supervisor. An employee may not refuse
to sign the accident report but such signature only acknowledges receipt of the report.
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SECTION 19.4: EMPLOYEE EVALUATIONS
The employee's supervisor shall review the employee's evaluation with the employee.
Copies of an employee's evaluation shall be given to the employee within twenty-four (24) hours
of the time the evaluation is officially reviewed with the employee. The supervisor shall give the
employee his evaluation at least a day ahead of the meeting with the employee.
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.
ARTICLE XXI
NO STRIKE/NO LOCKOUT
SECTION 21.1: NO STRIKE
During the term of this Agreement, the Union shall not call a strike.
STRIKE 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;
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(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 Village Mayor 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.
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.
FULL YEARS Effective Effective Effective Effective Effective
OF SERVICE Date of May 1, May 1, May 1, May 1,
signing 2017 2018 2019 2020
10-14 years $700.00 $800.00 $825.00 $850.00 $875.00
15-19 years $800.00 $900.00 $925.00 $950.00 $975.00
20 years and $900.00 $1,000.00 $1,025.00 $1,050.00 $1,075.00
over
-34-
SECTION 23.3: TEMPORARY UPGRADE ASSIGNMENTS
Mechanics, Utility System Operators and Maintenance Workers assigned to Operations
Building shall each be required to be available for a weekday temporary upgrade assignment, up
to ten(10) days each per year, unless the employee volunteers for additional temporary
assignment. All bargaining unit employees, including Mechanics, Utility System Operators and
Maintenance Workers assigned to Operations Building shall be compensated at a premium rate
of five percent (5%) for each such day on temporary upgrade assignment. Such five percent
(5%) premium shall be applied to the employee's eight (8) hour workday and to any additional
hours actually worked during the twenty-four (24) hour temporary upgrade assignment period.
Employees assigned to temporary assignment may relay the assignment to another qualified
bargaining unit employee with the approval of the appropriate supervisor.
ARTICLE XXIV
DRUG AND ALCOHOL POLICY
See Appendix B attached hereto and made a part hereof.
ARTICLE XXV
SMOKING POLICY
Employees shall abide by the Village smoking policy, as may be amended from time to
time, including the prohibition of smoking in the Village's vehicles. Employees shall be
provided advance notice of any change prior to implementation.
ARTICLE XXVI
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.
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ARTICLE XXVII
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. The union shall have the right to impact or effects bargaining; the Village shall
have the right to implement changes on a temporary basis pending the outcome of any such
impact or effects bargaining.
ARTICLE XXVII
TERMINATION
This Agreement shall be effective as of the day after it is signed by both parties, and shall
remain in full force and effect until the thirtieth day of April, 2016. 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.
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Executed this-�—1 day of��W bOA 12016.
FOR THE VILLAGE OF FOR THE INTERNATIONAL UNION OF
ELK GROVE VILLAGE: OPERATING ENGINEERS, LOCAL 150
Cra - jo h vt 5 o o�o�
Craig 9. Johnson, Mayor James M. Sweeney, President/Business
Manager
Raymond R. Rummel, Village Manager Deanna M. Distasio, Attorney Organizer
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APPENDIX A
WAGES
May 1, 2016 to April 30,2017 (2.0%) xx
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Custodian $18.02 $18.39 $18.73 N/A N/A N/A N/A
Maintenance Worker $24.19 $25.24 $26.28 $28.42 $30.54 $32.60 $34.80
Utility System Operator $27.25 $28.25 $29.25 $31.22 $33.18 $35.12 $37.12
Mechanic $26.58 $27.79 $29.00 $31.45 $33.84 $36.23 $38.70
X* Retroactivity: These wages shall be made retroactive to May 1, 2016, for all
hours compensated for all employees on the Village payroll as of
the date the agreement is signed, 2016. Such retroactivity will be
paid as soon as is reasonably possible by the Village.
** Seventh Step: Effective at the date of signing, 2016, bargaining unit employees
hired prior to the date of signing shall move from Step 1 to Step 3
on their first anniversary date. All bargaining unit employees hired
after the signing date, 2016 shall be hired at Step 1 then move to
Step 2 on their first anniversary date.
WAGES
May 1, 2017 to April 30, 2018 (2.25%)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Custodian $18.43 $18.80 $19.15 N/A N/A N/A N/A
Maintenance Worker $24.73 $25.81 $26.87 $29.06 $31.23 $33.33 $35.58
Utility System Operator $27.86 $28.89 $29.91 $31.92 $33.93 $35.91 $37.96
Mechanic $27.18 $28.42 $29.65 $32.16 $34.60 $37.05 $39.57
-A-1 -
WAGES
May 1, 2018 to April 30, 2019 (2.50%)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Custodian $18.89 $19.27 $19.63 N/A N/A N/A N/A
Maintenance Worker $25.35 $26.46 $27.54 $29.79 $32.01 $34.16 $36.47
Utility System Operator $28.56 $29.61 $30.66 $32.72 $34.78 $36.81 $38.91
Mechanic $27.86 $29.13 $30.39 $32.96 $35.47 $37.98 $40.56
WAGES
May 1, 2019 to April 30, 2020 (2.50%)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Custodian $19.36 $19.75 $20.12 N/A N/A N/A N/A
Maintenance Worker $25.98 $27.12 $28.23 $30.53 $32.81 $35.01 $37.38
Utility System Operator $29.27 $30.35 $31.43 $33.54 $35.65 $37.73 $39.88
Mechanic $28.56 $29.86 $31.15 $33.78 $36.36 $38.93 $41.57
WAGES
May 1, 2020 to April 30,2021 (2.50%)
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Custodian $19.84 $20.24 $20.62 N/A N/A N/A N/A
Maintenance Worker $26.63 $27.80 $28.94 $31.29 $33.63 $35.89 $38.31
Utility System Operator $30.00 $31.11 $32.22 $34.38 $36.54 $38.67 $40.88
Mechanic $29.27 $30.61 $31.93 $34.62 $37.27 $39.90 $42.61
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APPENDIX B
DRUG AND ALCOHOL POLICY
I. 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.
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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 arising
from an accident that included:
(1) Injury requiring medical treatment away from the scene; or
(2) One or more vehicles having to be towed from the scene.
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 section is prohibited from
consuming any alcohol for at least eight(8) hours following the accident
or until after the breath alcohol test.
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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 each calendar year. 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.
b. The Village shall conduct random alcohol testing on at least ten percent
(10%) but no more than twenty percent(20%) of the average number of
bargaining unit employees in each calendar year. 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.
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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;
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.
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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.
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.
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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.
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
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the positive result was otherwise in error, the MRO shall
report the drug test result as negative.
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.
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.
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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.
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.
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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 thirty (3 0) 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.
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.
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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.
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.
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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.
V. CONFIDENTIALITY OF RECORDS
All drug and alcohol test results and records shall be maintained under strict confidentiality.
Supervision shall not be entitled to copies of test results although supervision may be informed
on a need to know basis of the results of such tests.
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.
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C. The employee shall be returned to regular work duties only on the
recommendation of the EAP 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.
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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).
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I
APPENDIX D
GRIEVANCE INITIATION FORM
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