HomeMy WebLinkAboutRESOLUTION - 50-16 - 12/13/2016 - Settlement Agreement Local 150 RESOLUTION NO. 50-16
A RESOLUTION RESCINDING RESOLUTION NO. 20-15 AND APPROVING A
SETTLEMENT AGREEMENT WITH THE INTERNATIONAL UNION OF
OPERATING ENGINEERS,LOCAL 150,AFL-CIO
WHEREAS, on April 28, 2015 the Elk Grove Village Board passed Resolution No. 20-
15, supporting Governor Rauner's "'Turnaround Agenda' for government empowerment and
reform" (hereinafter"Turnaround Resolution"); and
WHEREAS, the International Union of Operating Engineers, Local 150, AFL-CIO has
raised certain challenges related to the passage of the"Turnaround Resolution;" and
WHEREAS, the Village Board admits no wrongdoing on its part and expressly denies
any liability in this matter; and
WHEREAS, the Village Board and Local 150 have reached a tentative settlement
agreement that the Village Board believes to be in the best interest of Elk Grove Village.
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 that Resolution
No. 20-15, is hereby rescinded; and
Section 1: That the Mayor be and is hereby authorized to execute the proposed
settlement agreement with the Local 150.
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 13' day of December 2016.
APPROVED this 13th day of December 2016.
APPROVED:
Mayor Craig B.Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan,Village Clerk
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between the
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO ("Local
150"), and the ELK GROVE VILLAGE BOARD ("Village"), the corporate authority of the
Village of Elk Grove, Illinois, hereinafter the "Parties." The Parties agree as follows:
WHEREAS, on April 28, 2015, the Village voted on and passed Resolution No. 20-15
supporting Governor Rauner's "Turnaround Agenda for government empowerment and reform"
(hereinafter "Turnaround Resolution"); and
WHEREAS, Local 150 has raised certain challenges related to the passage of the
"Turnaround Resolution;" and
WHEREAS, the Village has denied any allegations and further denies any wrongdoing in
this matter; and
WHEREAS, in order to avoid the uncertainty, costs and resources associated with
litigation in this matter the Parties have conferred regarding the potential for an amicable
resolution; and
WHEREAS,the Parties have reached certain understandings regarding all of the foregoing
and now desire to set said understandings to writing.
NOW,THEREFORE, in consideration of the mutual promises and agreements contained
herein, the Parties hereto agree as follows:
1. The Village agrees that it will rescind the "Turnaround Resolution"passed at its April 28,
2015 Board meeting. Said rescission shall take place no later than January 31, 2017, and
shall be done via a public vote of then sitting Board members.
2. After the rescission referenced in Paragraph 1, the Village agrees it will take no further
action related to the "Turnaround Resolution."
3. Local 150 will agree to forgo any challenges related to the Village's passage of the
"Turnaround Resolution"after completion of the conditions set forth in Paragraph 1 above.
4. Nothing in this Agreement constitutes or shall be construed as an admission of wrongdoing
on the part of the Village and Village expressly denies any liability of any kind in this
matter.
5. The Parties acknowledge that each has carefully read and fully understands all of the
provisions of the Agreement and that each has entered into the Agreement knowingly and
voluntarily, without coercion, duress or overreaching of any sort.
6. The provisions of the Agreement are fully severable. Therefore, if any provision of the
Agreement is for any reason determined to be invalid or unenforceable, such invalidity or
unenforceability will not affect the validity or enforceability of any of the remaining
provisions.
7. The Agreement constitutes the sole and entire agreement between the Parties with respect
to the subjects addressed in it, and supersedes all prior or contemporaneous agreements,
understandings, and representations, oral and written, with respect to those subjects. The
Parties acknowledge that no promises or agreements have been made except those
contained in this Agreement.
8. No waiver, modification or amendment of any of the provisions of the Agreement shall be
valid and enforceable unless in writing and executed by the Parties.
9. This Agreement and any amendments thereto shall be governed by and construed in
accordance with the laws of the State of Illinois, without regard to conflicts of law
principles.
INTERNATIONAL UNION OF ELK GROVE VILLAGE
OPERATING ENGINEERS, LOCAL 150
AFL-CIO
By: By:
Craig B. Johnson
Its: Its: Mayor
Date: , 2016. Date: , 2016.
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