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HomeMy WebLinkAboutLocal 150 through 4/30/25COLLECTIVE BARGAINING AGREEMENT ITIi �i�� �l �1►`I THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEES DIVISION CITY OF McHENRY, ILLINOIS May 1, 2021 through Apri130, 2025 TABLE OF CONTENTS PAGE Preamble..................................................................................................................................5 ARTICLE1 RECOGNITION..........................................................................................5 Section1.1 Recognition..................................................................................................5 Section 1.2 Duty of Fair Representation.........................................................................6 Section 1.3 New Classifications.....................................................................................6 ARTICLE II UNION SECURITY AND RIGHTS...........................................................6 Section 2.1 Dues and Fair Share Checic-off....................................................................6 Section2.2 Fair Share.....................................................................................................7 Section 2.3 Bulletin Board. . 8 Section 2.4 Union Indemnification.................................................................................8 Section 2.5 Union Officials........... ARTICLE III MANAGEMENT RIGHTS.........................................................................8 ARTICLE IV LABOR-MANAGEMENT MEETINGS.....................................................9 Section4.1 Meeting Request..........................................................................................9 Section4.2 Content.........................................................................................................9 Section4.3 Attendance...................................................................................................9 ARTICLE V HOURS OF WORK AND OVERTIME...................................................10 Section 5.1 General Provisions.....................................................................................10 Section 5.2 Normal Work Period, Workday and Work Schedule................................10 Section 5.3 Changes in Normal Work Period, Workday and Work Schedule .400...060.9610 Section5.4 Overtime Pay.............................................................................................11 Section 5.5 Call -Back Pay. Section 5.6 Required Overtime. . Section 5.7 Minimum and Maximum Hours................................................................12 Section 5.8 Compensatory Time. . 60*12 Section5.9 On -Call Pay................................................................................................13 ARTICLE VI SENIORITY, LAYOFF AND RECALL...................................................13 Section 6.1 Definition of Seniority...............................................................................13 Section 6.2 Probationary Period...................................................................................13 Section 6.3 Seniority List....... 14 Section6.4 Layoff.........................................................................................................14 Section6.5 Recall.........................................................................................................14 Section 6.6 Termination of Seniority. . 0 0 6 0 & 6 15 Section 6.7 Job Posting. . & * 4 4 4 1 * & & * a 9 9 4 0 0 & 0 a 0 0 0 9 0 0 0 0 16 ARTICLE VII GRIEVANCE PROCEDURE....................................................................16 Section 7.1 Definition...................................................................................................16 Section7.2 Procedure...................................................................................................16 Section 7.3 Arbitration. . 17 Section 7.4 Limitations on Authority of Arbitrator......................................................18 Section 7.5 Time Limit for Filing................................................................................@18 Section7.6 Miscellaneous............................................................................................18 ARTICLE VIII Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 ARTICLE IX Section 9.1 Section 9.2 Section 9.3 Section 9.4 ARTICLE X NO STRIKE -NO LOCKOUT....................................................................19 StrikesProhibited.......................................................................................19 Violations of This Article. * * a a 0 0 6 0 a a 0 a a I 1 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 P * 0 0 0 0 0 a 0 * 9 a 9 9 a a a 6 a 6 0 6 * 6 6 6 6 6 6 6 6 & 0 & a a a 0 @19 Union Notification of Employees..............................................................19 NoLockout................................................................................................19 Judicial Relief. . 9 HOLIDAYS AND PERSONAL LEAVE BUSINESS LEAVE......................................................................................................17 EligtyRequirements............................................................................20 HolidayPay................................................................................................20 Personal Business Leave............................................................................20 VACATIONS............................................................................................21 Section 10.1 Eligibility and Allowance..........................................................................21 Section 10.2 Vacation Pay..............................................................................................21 Section 10.3 Scheduling and Accrual.............................................................................21 ARTICLE XI SICK LEAVE............................................................................................23 Section 11.1 Purpose and Allowance..............................................................................23 2 Section 11.2 Section 11.3 Section 11.4 Section 11.5 Section 11.6 ARTICLE XII Section 12.1 Section 12.2 Section 12.3 Section 12.4 Section 12.5 Section 12.6 Section 12.7 Section 12.8 ARTICLE XIII Section 13.1 Section 13.2 Section 13.3 Section 13.4 ARTICLE XIV Days Earned in Accumulation. & 6 6 1 6 m 4 * a 0 a L *5 Notification..............................................................................................234 Medical Examination.................................................................................24 SickLeave Utilization................................................................................24 Unused Sick Leave....................................................................................24 ADDITIONAL LEAVES OF ABSENCE.................................................25 Unpaid Discretionary Leaves.....................................................................25 MilitaryLeave. . 0 0 0 0 a a a 0 6 0 0 a 6 6 6 6 & a a 0 0 0 0 0 4 0 0 0 0 v 0 a a a 0 & a a a a a a a 6 6 * 6 0 0 0 0 0 0 0 a t W 4 m 6 6 a a a a a 0 6 a * 6 6 0*25 FuneralLeave............................................................................................625 JuryLeave..................................................................................................25 Family and Medical Leave Act (FMLA) Leave........................................26 Application for Leave. 0 a a 6 a 6 0 & I a 4 4 1 0 Benefits While on Unpaid Discretionary Leave........................................26 Non -Employment Elsewhere.....................................................................26 WAGES.....................................................................................................26 BaseWages................................................................................................26 Wage Rates for Working Out of Classification,. 6 0 2 7 Military Service Compensation. a I a 0 0 0 0 0 a 4 1 t a a 9 t I a a a a 0 0 a 0 6 6 0 Responsible Operator In Charge. . 6 6 6 6 6 a a & a 6 0 t 4 0 0 0 0 0 0 0 0 0 6 q 6 6 UNIFORM ALLOWANCE.......................................................................27 Section 14.1 Uniform Allowances..................................................................................27 Section 14.2 Return of Uniforms and Equipment...........................................................28 Section14.3 Tool Allowance..........................................................................................28 ARTICLEXV INSURANCE.............................................................................................28 Section 15.1 Union Health Plan......................................................................................28 Section 15.2 Waiver of Insurance...................................................................................29 Section 15.3 Insurance for Injured Employees...............................................................30 Section 15.4 Life Insurance............................................................................................30 Section 15.5 Hepatitis Vaccine.......................................................................................30 Section 15.6 Unsafe Conditions......................................................................................30 ARTICLEXVI DISCIPLINE..............................................................................................31 Section16.1 Discipline...................................................................................................31 3 Section 16.2 Removal of Disciplinary Records..............................................................30 Section 16.3 Access to Arbitration.................................................................................30 ARTICLE XVII GENERAL PROVISIONS........................................................................30 Section17.1 Gender........................................................................................................30 Section 17.2 Ratification and Amendment. &a 4 k *a 6 a 6 6 *a a 4 a & . 4 0 * * 3 0 Section 17.3 Fitness Examinations.................................................................................30 Section 17.4 Physical Fitness Requirements..................................................................30 Section 17.5 Drug and Alcohol Testing and Policies. 6 6 6 6 6 0 6 0 a e a 0 0 0 0 9 0 . 0 0 0 0 P 0 0 6 * a 6 6 6 a 6 6 a 0 6 0 & & a a a a 0 0 a 0 6 & 031 Section 17.6 Outside Employment................................................................................431 Section 17.7 Rules and Regulations................................................................................31 Section 17.8 Maintenance of Specific Working Conditions.................................31 Section 17.9 Use of Electronic Communication Devices...............................................31 Section 17.10 Evaluation Copy..................................................................31 Section 17.11 Opportunity Lists.................................................................31 Section I T 12 On Call and Snow Opportunity Lists ......................................... a 32 Section 17.13 Water and Wastewater Licensing... ARTICLE XVIII SUBCONTRACTING...............................................................................32 ARTICLE XIX SAVINGS CLAUSE..................................................................................32 ARTICLE XX ENTIRE AGREEMENT............................................................................32 APPENDIX A CORRELATION OF JOB CLASSIFICATIONS TO PAY GRADES....................................................................................34 APPENDIX B CREDENTIAL TABLES..........................................................................35 APPENDIXC WAGE SCHEDULE..................................................................................36 APPENDIX D LIST OF CURRENT EMPLOYEES AND JOB CLASSIFICATION...................................................................................37 AGREEMENT BETWEEN CITY OF MCHENRY, ILLINOIS AND IUOE LOCAL 150 May 1, 2021 through April 30, 2025 PREAMBLE THIS AGREEMENT entered into by the CITY OF McHENRY, ILLINOIS (hereinafter referred to as the "City" or the "Employer") and the INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150 (hereinafter referred to as the "Union") is in recognition of the Union's status as the representative of certain specified full-time employees of the City's Public Works, Parks and Recreation, and Administration Departments, and has as its intent and purpose the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operation of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE I RECOGNITION Section 1.1. Recognition. The City recognizes the Union as the sole and exclusive collective bargaining representative for all full-time employees of the City's Department of Public Works and Department of Parks and Recreation in the following classifications: Building and Grounds Custodian, Maintenance Worker I (Parks, Streets, Utility, Water, Wastewater), Maintenance Worker II (Parks, Streets, Utility), Maintenance Worker III (Parks, Streets, Utility), Operator I (Water, Wastewater), Mechanic I, Maintenance Worker IV (Parks, Streets, Utility), Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic, Chief Water Operator, Chief Wastewater Operator, Master Operator. Excluded from the bargaining unit are all other employees, including, but not limited to, any employee holding the positions of Director of Public Works, Operations Managers, Superintendent, Assistant Superintendent, Streets Supervisor, Utilities Supervisor, Staff Engineer, Administrative Analyst, Office Assistant, Finance Specialist, or summer help; all part-time employees; all full or part-time seasonal or temporary employees; all Public Works and Parks administrative employees; all non -Public Works Department and Parks and Recreation Department employees; and all other managerial, supervisory, confidential, professional 5 and short-term employees, as defined by the Illinois Public Labor Relations Act (IPLRA) (as it existed January 1, 1995). Section 1.2. Duty of Fair Representation, The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Agreement, and Union agrees to fulfill its duty to fairly represent all employees in the bargaining unit, whether or not they are members of the Union. Section 1.3. New Classifications. The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement, or whose functions are similar to employees in this bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Union may petition the ISLRB to seek the necessary unit clarification. The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification, provided, however, that (i) the City may establish a temporary pay grade pending the outcome of such negotiations, and (ii) the provisions of Article VIII (No Strike -No Lockout) shall remain in effect during such negotiations and in the event of an impasse in such negotiations. ARTICLE II UNION SECURITY AND RIGHTS Section 2.1. Dues and Fair Share Check -off. While this Agreement is in effect, the City will deduct the appropriate biweekly amount of dues or fair share fees from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check -off authorization form. Check -off authorization forms shall be supplied by the Union. The City will honor all executed check -off authorization forms received not later than ten (10) working days (i.e., days the City's administrative offices are open) prior to the next deduction date. If a conflict exists between the check -off authorization form and this Article, the terms of this Article and Agreement control. Total deductions collected for each month shall be remitted by the City to the Union by the tenth (loth) of the following month, together with a list of employees for whom deductions have been made. Dues and fair share fees deducted shall be sent to the official address designated in writing to the Employer by the Union. The Union agrees to refund to the employee any amounts paid to the Union in error on account of this dues deduction provision. 0 Dues or fair share shall be withheld and remitted to the Union unless or until such time as the City receives ten (10) working days written notice a revocation of dues and fair share check -off from an employee, or other timely notice of an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available tin the employee's earnings after withholding all other legal and required deductions. Information concerning dues and fair share not deducted under this Article shall be forwarded to the Union, and this action will discharge the City's only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semiannually, the City shall provide the Union with a list of all employees in the bargaining unit, their fair share/dues status, and the amount paid in the previous six-month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article VIII (No Strike -No Lockout). The actual dues and fair share amounts to be deducted shall be certified in writing to the City by the Union. Dues and fair share fees shall each be uniform in dollar amount for all employees in order to ease the Employer's burden of administering this provision. The Union may charge the fixed uniform dollar amounts of its regular monthly dues and fair share fees once each calendar year during the life of this Agreement. The Union will give the City thirty (30) calendar days' notice of any such change in the mount of uniform dues or fair share fees to be deducted. Section 2.2. Fair Share. (a) During the term of this Agreement, bargaining unit members who are not members of the Union shall, commencing thirty (30) days after their employment or thirty (30) days after the effective date of this Agreement, whichever is later, pay a uniform fair share fee to the Union for collective bargaining and contract administration services rendered by the Union, provided that the fair share fee shall not exceed the dues attributable for being a member of the Union. A checkoff authorization card will not be required for the withholding of fair share fees. The Union shall periodically submit to the City a list of employees covered by the Agreement who are not members of the Union. The fair share fee shall not include contributions related to the election or support of any candidate for political office, or for any member only benefit. (b) The Union agreed to assu►ne full responsibility to insure full compliance with the requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share payers as well as all applicable provisions of the Illinois Public Labor Relations Act and rules and regulations promulgated thereunder relating to fair share fees. It is specifically agreed that any dispute a fair share fee payer may have with the Union concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. (c) Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall direct the Union to pay an amount equal to such fair share fee to anon -religious charitable organization mutually agreed upon by the employee and the Union. If the affected non- VA member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 2.3. Bulletin Board. The City will provide a 3' x 4' bulletin board or will make available space on a bulletin board (size — 3' x 4') in each of the following locations for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which is not political, defamatory or derogatory in nature; Municipal Center, Public Works Facility, South Wastewater Treatment Plant, and Parks Maintenance_garage. The Union will limit the posting of Union business to such bulletin boards. Section 2.4. Union Indemnification. The Union shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.5. Union Officials. The Union shall advise the City Administrator of the names of the Union Stewards. It is expressly understood that the Stewards do not have authority to modify, alter, amend, etc, this collective bargaining agreement. ARTICLE III MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including all rights and authority possessed or exercised by the City prior to the recognition of the Union as the bargaining agent for the employees covered by this Agreement. These rights and authority include, but are not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the City's mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine reasonable standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to discipline and discharge employees for just cause (probationary employees without cause); to schedule and assign work and work duties; to assign overtime; to establish and enforce reasonable work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Agreement or by other employees or non -employees not covered by this Agreement; to make, alter and enforce reasonable rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or otherwise relieve employees from duty because of lack of work or for other reasons; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster or civil emergencies as may be formally declared by the Mayor or his designee to declare that a local disaster or civil emergency condition exists. In the event of such emergency action, the provisions of this Agreement may be suspended, except for rates of pay. A local disaster or civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. For the purposes of this Agreement, an "emergency" is defined as a sudden, unexpected state of affairs requiring the immediate use of City resources. ARTICLE IV LABOR-MANAGEMENT MEETINGS Section 4.1. Meeting Request. The Union and the City agree that, in the interest of efficient management and harmonious employee relations, meetings to be held up to once quarterly at the request of either party or at other times mutually agreed between Union representatives and the Director of Public Works, Director of Parks and Recreation and/or the City Administrator. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management meeting" and expressly p►•oviding the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Agreement; (b) a sharing of general information of interest to the parties; (c) notifying the Union of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. Section 4.2. Content. It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor-management meetings" nor shall negotiations for the purpose of adding to or altering ay of the terms of this Agreement be carried on at such meetings. Section 4.3. Attendance. Attendance atlabor-management meetings shall be voluntary on the employee's part, and attendance by off -duty personnel du►ing such meetings shall not be considered time worked for compensation purposes. If the labor management meetings are scheduled at the request or consent of the City during the regularly scheduled duty hours of one or two employee Union representatives, and if it is mutually agreed between the Director of Public Works or his designee and the Union, such employee Union representative(s) shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) pe►•sons from each side shall attend these meetings, schedules permitting. ARTICLE V HOURS "V WORK AND OVERTIME Section Sala General Provisions. A. Purpose of Article. The sole purpose of this article is to provide a basis for the calculation of straight time and overtime wage rates. The Employer's pay records, practices, policies and other procedures shall govern the payment of all wages. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provided for in this Agreement. B. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Agreement. Section 5.2. Normal Work Period, Workday and Work Schedule. Except as provided elsewhere in this Agreement, the current normal work period shall be seven (7) days (normally starting at 12:01 a.m. Monday), and shall include 40 hours of work based on five consecutive 8-hour workdays (which may be scheduled Monday - Saturday) per week. The hours of work shall be 6:30 a.m. to 3:00 p.m. from May 1 through September 30 each year. A. Employees shall be granted one fifteen (15) minute paid morning break and a ten (10) minute paid break during the second half of the workday. Employees will take their breaks at their work site or as determined by the Supervisor overseeing the operation. In the event that employees are allowed to leave the work site during break, travel time will be included within the break period. No additional allowance for travel time outside the scope of the break period will be allowed. B. Employees shall be granted aone-half hour unpaid lunch near the midpoint of each day or as determined by the Supervisor overseeing the operation. Employees shall be permitted up to ten (10) minutes of drive/wash time in addition to the half hour lunch period. Additionally, where the requirements of the job dictate that employees work through their lunch period, employees shall be allowed to take their lunch break later in the shift as determined by the Supervisor overseeing the operation. Employees shall be on the work site ready to work up to the beginning of the drive/wash time and at the end of the lunch period. Employees will be allowed reasonable use of City vehicles during their lunch period. The employees shall receive a fifteen (15) minute clean/pick-up time at the end of their shift. Section 5.3. Changes In Normal Work Period, Workday and Work Schedule. The shifts, workdays and hours to which employees ar•e assigned shall be stated on the Departmental work schedule. Should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours' notice to the individuals affected by any such change. 10 If the City desires to permanently alter the normal scheduling arrangement as set forth in Section 5.2, the City shall (1) inform the Union of any such change thirty (30) days before it is implemented and (2) if requested, allow the Union an opportunity to comment on same through a labor-management meeting in accordance with Article IV. In either case (temporary or permanent) the City shall solicit volunteers and select the most qualified, senior volunteer. If an insufficient number of bargaining unit members volunteer, then the City shall assign the shift according to reverse seniority (least senior first). Section 5.4. Overtime Pay. When an employee works more than forty (40) hours in a 7- day work period, he shall be paid at a rate of one and one-half (1 1/2) times his regular straight -time hourly rate of pay for each overtime hour worked beyond forty (40) hours in a 7-day work period. Overtime pay shall be received in fifteen (15) minute segments as provided by the Fair Labor Standards Act (FLSA). For purposes of this Article, time worked shall include that time spent on duty as provided by the FLSA, plus any paid leave of absence (vacation, holidays, sick leave, etc.), but shall not include any unpaid leave of absence other than a worker's compensation leave. All overtime shall be paid on the basis of a regular straight -time hourly rate calculated by dividing an employee's annual salary by 2080. Section 5.5. Callback Pay. A. A call-back is defined as a work assignment which does not immediately follow an employee's regularly scheduled working hours. An employee called back to work after having left work shall receive a minimum of two (2) hours pay at overtime rates, unless the individual is called back by his supervisor to rectify his own error. Once the employee completes the task for which he was called back, he shall be released unless additional work arises resulting in additional call-back situations prior to the employee completing the original call-back duties. For the purposes of this section, call-back duties will have concluded after the employee has completed the tasks assigned to the call-back situation and the employee departs from the city's facilities. B. Employees, who respond to SCADA calls, during non -working hours, will receive a single two-hour call-back minimum per day upon the first occurrence, even if the employee is not required to leave home. Multiple SCADA calls, including nuisance calls, where an employee can respond via telecommunications, computer or internet, will not constitute an additional two-hour call-back minimum. SCADA calls requiring a field response will be handled as any other call-back as specified in paragraph A above and will open a two-hour window that will cover subsequent call- backs. Section 5.6. Required Overtime. The Director of Public Works, Director of Parks and Recreation or their designees) shall have the right to require overtime work and employees may not refuse overtime assignments. Overtime will be assigned as follows: A. In non -emergency situations, the Director of Public Works, Director of Parks and Recreation or their designee as a general rule shall take reasonable steps to obtain volunteers for• overtime assignments before assigning required overtime work. However, volunteers will not necessarily be selected for work in progress. Also, specific employees may be selected for assignments based upon specific skills, ability and experience they possess. Bargaining unit will be offered overtime before asking non -bargaining unit individuals to work. This will not affect the use of summer help. The Director Public Works, Director of Parks and Recreation or their designee will endeavor to equalize overtime opportunities among employees who share the same general duties and work schedule each calendar year. Each month, the City shall post a listing indicating the number of overtime hours an employee has worked. B. In the event of a non -snow or ice control emergency which occurs on a weekend, holiday or after the end of a normal shift, overtime opportunities will be offered on the basis of seniority until the required number of employees accept the overtime assignment. If the required number of employees do not accept the overtime assignment on a voluntary seniority -based basis, the assignment becomes a mandatory overtime assignment. Mandatory overtime assignments will then be filled on the basis of reverse seniority. In the event of a callout, supervisors will begin the callout in the Street Department at the point where the assignment was filled in the prior callout. C. For snow and ice control emergencies, overtime assignments will be based on two pre -scheduled shifts. Unit members will be assigned to one of the two shifts prior to the snow removal season using the reverse seniority process. During a snow or ice control event falling on a Saturday, Sunday, holiday, before a normal work day begins or after it ends, the Supervisor will notify the employees as they are needed for the mandatory shift. If the employee does not arrive at the City garage within thirty (30) minutes, they will not be paid from the time they were called, but rather from the time they arrive at work, but in no event shall the response time take longer than one (1) hour. Section 5.7. Minimum and Maximum Hours. Absent a mutual agreement between the City and Union to the contrary, the employees shall be provided a 404hour work week. This 40 hours shall include all actual work time plus all paid and unpaid leaves of absence. Except in extreme emergency or by mutual agreement with the employee, no employee shall be required to work more than sixteen (16) hours in a twenty-four hour period. No employee shall be required to drive a vehicle requiring a commercial driver's license (CDL) for more than twelve (12) consecutive hours. Individual bargaining unit members will track their hours worked with in a twenty-four hour period and will notify their supervisor if they have worked sixteen (16) hours in a twenty-four hour period. Section 5.8. Compensatory Time. Where requested by the affected employee and agreed to by the Director of Public Worlcs, Director of Parks and Recreation, Director of the Department or their designee, the City shall grant compensatory time for all overtime hours worked., up to a maximum of forty-eight (48) hours of compensatory time per employee in any given calendar year. An employee may carry up to twenty-four (24) hours of compensatory time into the following calenda►• year. All other unused compensatory time will be paid out at the end of the calendar year at the employee's then current straight -time rate of pay. Employees requesting the use of 12 compensatory time shall submit the request two (2) days in advance of the time -off requested. Compensatory time off shall be taken at such times and in such time blocks as are established or agreed to by the Director of Public Works, Director of Parks and Recreation or their designee. An employee who utilizes four (4) hours of compensatory time (or personal business leave as set forth in Section 9.4) on a Friday afternoon or a Monday morning will not be required to work on the contiguous Saturday or Sunday, except during snow removal season as stated in section 10.3. Section 5.9. On -Call Pay. Employees on -call according to the on -call rotation in the Streets, Utility, Wastewater and Water Divisions of Public Works and in the Parks Maintenance Division of the Parks and Recreation Department shall receive four (4) hours time -off (at straight )ay) for every week they are scheduled to be on -call. This on -call time -off must be used within thirty (30) days after the call period ends. The four (4) hours on -call time -off shall constitute the sole compensation attributable to being on -call for the week. The provisions of this Section are not applicable to snow removal duties. During snow removal months (December 15t through March 31 St), bargaining unit employees may request to use on -call time -off on a Friday or Monday if the maximum number of persons who will be permitted to be on vacation at any time has not been reached pursuant to Section 10.3. The granting or denial of on -call time -off shall be up to the City Administrator, Department Head, or supervisor. On -call time -off requests must be made no later than noon on the day preceding the requested time -off. If an employee fails to report when directed or cannot be reached within a reasonable amount oI time when on -call, the employee will lose the supplemental on -call time -off provided by this Section for the on -call period and may be subject to appropriate discipline. ARTICLE VI SENIORITY, LAYOFF RECALL, AND JOB POSTING Section 6.1. Definition of Seniority. For purposes of this Agreement, seniority shall be defined as an employee's length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during authorized unpaid leaves of absence, suspensions or lay offs of thirty (30) days or less. Seniority shall not accumulate from the first day of an authorized unpaid leave of absence, suspension or lay off of thirty (30) calendar days or more. Conflicts of seniority shall be determined on the basis of the alphabetical order of the employee's last name. Section 6.2. Probationary Period. All new employees and those hired after• loss of seniority shall be considered probationary employees until they have completed a probationary period of nine (9) months of work. The probationary period may be extended up to three (3) months by the Director of Public Works or the Director of Parks and Recreation. Should the Director of Public Works or the Director of Parks and Recreation determine to extend the probation of an employee, he shall provide a written notice to the employee of the extension and the reasons for the 13 extension. Time absent from duty or not served for any reason (such as, including but not limited to, unpaid leave of absence (including duty -related injury or illness), jury duty, military leave, etc.) shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Agreement, except that during an employee's probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure to contest a layoff, termination or extension of probation. Furthermore, there shall be no seniority among probationary employees for purpose of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to his last date of hire with the City in a position covered by this Agreement. Section 6.3. Seniority List. On or about November 15 of each year, the City will provide the Union with a seniority list of all employees in the bargaining until setting forth each employee's seniority date and job classification. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within fourteen (14) days after the Union's receipt of the list. Upon requesting in writing to the Director of Public Works, an updated seniority list will be provided to the Union during the course of the year. Section 6.4. Layoff. The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Agreement in the affected job classification(s) will be laid off in accordance with their length of service, provided, however, that (1) probationary employees shall be selected for layoff based on relative skill and ability as determined by the Director of Public Works or the Director of Parks and Recreation and not based on their seniority, and (2) the remaining employees must be qualified to do the remaining work without further training. If a non -probationary employee is laid off from their job classification, he may bump another less senior employee in an equal or lower -rated job classification in the bargaining unit if the City determines in its sole judgment that the employee to be bumped does not have greater skill and ability to carry out the duties of his job than the more senior employee. In the event a non -probationary employee is laid off pursuant to this Section 6.4 ahead of a probationary employee who possesses skills or qualifications not possessed by any non - probationary employee, said non -probationary employee(s) shall be given an additional six (6) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 6.5. Section 6.5. Recall. Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff, for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they meet the City's medical, physical fitness, and mental standards and are fully qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as he remains on the recall list. An employee's seniority will be terminated if he fails such standards upon a second recall. 14 Employees who are eligible for recall shall be given at least fourteen (14) calendar days' notice of recall (with the first of the fourteen (14) days being the date the notice to the employee is postmarked). The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Director of Public Works, Director of Parks and Recreation or his designee of his intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than fourteen (14) days from the date of postmark of the notice of recall). The City 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, it being the obligation and responsibility of each employee to provide the Director of Public Works, Director of Parks and Recreation or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, his name shall be removed from the recall list. If the City has not heard from the employee within fourteen (14) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee's name shall be removed from the recall list. Section 6.6. Termination of Seniority. Seniority for all purposes and the employment relationship shall be terminated if the employee: (a) quits; (b) is discharged; (c) retires or is retired; (d) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Director of Public Works or the Director of Parks and Recreation. (e) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation; (f) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 6.5 of this Agreement; (g) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or (h) is absent for three (3) consecutive working days without notification to or authorization from the City, except for good cause shown due to ci►•cumstances beyond the control of the employee. 15 Section 6.7. Job Posting. The City will post, on the Union bulletin boards all city job openings. Union openings will not be filled until seven days after posting. ARTICLE VII GRIEVANCE PROCEDURE Section 71. Definition. "Grievance" is defined as a dispute or difference of opinion raised under and during the term of this Agreement by an employee or Union against the City involving an alleged violation, misinterpretation or misapplication of an express written provision of this Agreement. Section 7.2. Procedure. A grievance fled against the City will be processed in the following manner. The parties may bypass one or more steps of the following procedure by written mutual agreement: Step 1: The Union or an employee may file a grievance by submitting it in writing to the appropriate Superintendent within fourteen (14) calendar days after the occurrence or after the employee knew or should have known of the occurrence. The grievance shall specifically state the facts, relevant dates, provision violated and relief requested. The Superintendent shall meet to discuss the grievance with the grievant, the Steward and a Union Official at a mutually agreeable time within fourteen (14) calendar days of his receipt of the grievance. The Superintendent may have present other persons whom he deems appropriate. If no settlement of the grievance is reached, the Superintendent will provide a written answer within seven (7) calendar days of the meeting, or if no meeting is held, within seven (7) calendar days after his receipt of the grievance. Step 2: If the grievance is not settled at Step 1 and the grievant wishes to appeal to Step 2 of the grievance procedure, it shall be submitted in writing to the Director of Public Works or Director of Parks and Recreation within fourteen (14) calendar days after receipt of the City's answer in Step 1 or within fourteen (14) calendar days of when the City's answer in Step 1 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Department Director shall meet to discuss the grievance with the grievant, the Steward and the Union Official at a mutually agreeable time within fourteen (14) calendar days of his receipt of the grievance. The Department Director will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after his receipt of the grievance. 16 Step 3: If the grievance is not settled at Step 2 and the grievant wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the City Administrator within fourteen (14) calendar days after receipt of the City's answer in Step 2 or within fourteen (14) calendar days of when the City's answer in Step 2 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator or his designee shall investigate the grievance and, in the course of such investigation, shall meet to discuss the grievance within fourteen (14) calendar days with the grievant, the Steward and a Union Official. The City Administrator may have present other persons whom he deems appropriate. If no settlement of the grievance is reached, the City Administrator or his designee shall provide a written answer to the grievant and a designated Union Official within seven (7) calendar days following the meeting or, if no meeting is held, within seven (7) calendar days after his receipt of the appeal. Section 7.3. Arbitration. If the grievance is not settled in Step 3 and the Union wishes to appeal the grievance from Step 3 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within fourteen (14) calendar days of receipt of the City's written answer as provided to the Union in Step 3 or within fourteen (14) calendar days of when the City's answer in Step 3 was due: (a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service or American Arbitration Association (AAA) to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the City and the Union shall have the right to alternately strike names from the panel, with the Union striking first. The person remaining shall be the arbitrator. (b) The arbitrator shall be notified jointly by the parties of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. (c) The City and the Union shall have the right to request the arbitrator to require the presence of witnesses or docwnents. The City and the Union retain the right to employ legal counsel. (d) The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. (e) More than one grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. (f) The fees and expenses of the arbitrator shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. The cost of a court reporter shall be borne on the party requesting the court reporter with a copy sent to the arbitrator, unless the other party requests a copy in which case the parties shall split the cost. Section 7.4. Limitations on Authority of Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or court decisions, or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 7.4 shall be final and binding upon the City, Union and the employees covered by this Agreement. Section 7.5. Time Limit For Filing. No grievance shall be entertained or processed unless it is submitted at Step 1 within fourteen (14) calendar days after the employee or Union through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. If a grievance is not presented by the employee within the time limits set forth above, it shall be considered "waived" and cannot be pursued further. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not hold a meeting or answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at that step and immediately appeal the time limits set forth in this Article. Section 7.6. Miscellaneous. No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representations made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the City unless and until the City has agreed thereto in writing. ARTICLE VIII NO STRIKE -NO LOCKOUT Section 8.1. Strikes Prohibited. During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, sympathy strike, boycott, secondary boycott, residential picketing or handbilling, work slowdown, speed-up, sit-down, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind or any other intentional interruption or disruption of the operations of the City. Section 8.2. Violations of This Articeieee le. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be raised in any proceeding in which such discipline or discharge is challenged is whether or not he employee actually engaged in such prohibited conduct. Such discipline may include any, some or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this Article shall not be considered a violation of this Agreement and shall not be subject to the grievance and arbitration procedures of this Agreement. Section 8.3. Union Notification of Employees. The Union agrees to notify all Union Officials and agents of their obligations and responsibility for maintaining compliance with this Article, including their responsibility to abide by the provisions of this Article by remaining at work that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Article, the Union agrees to inform its members of their obligations under this Agreement and to encourage and direct them to return to work by all means available under its Constitution, By -Laws, or otherwise. Section 8.4. No Lockout. The City will not lock out any employees during the ter•rn of this Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Union with this Article. Section 8.5. Judicial Relief. Nothing contained herein shall preclude the Employer from obtaining a temporary restraining order, damages and other judicial relief as determined appropriate by the Court in the event the Union or any employees covered by this Agreement violate this Article. ARTICLE IX HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 9.1. Holidays. The following are recognized as holidays for eligible employees: New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Friday after Thanksgiving Christmas Eve Christmas Day Section 9.2. Eligibility Requirements. Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive pay in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, in addition to the full holiday when scheduled as part of their normal Departmental work schedule. The Director of Public Works or the Director of Parks and Recreation in his discretion may permit an employee who was ill to verify his illness so as to qualify for holiday pay, and such qualification will not be unreasonable withheld. Section 9.3. Holiday Pay. Employees who satisfy the eligibility requirements of Section 9.2 shall be given the holidays off or, if they are required to work on the holiday, a regular day's pay (eight (8) hours of pay at straight -time rates) as holiday pay plus double time for all hours actually worked. Section 9.4. Personal Business Leave. Effective January 1, 2000, employees, with prior approval of the Department Head, may request to use up to thirty-two (32) hours (four 8-hour days) per calendar year to attend to personal business. Newly hired regular full-time employees will receive the following number of personal leave days in their first calendar year: Hiring Date Prior to April 1 Between April I and June 30 Between July I and October 31 November I or later Number of Personal Business Leave Days 4 3 2 1 Personal business leave shall be used in one (1) hour increments for the first hour of such leave. The second and subsequent hours may be used in fifteen minute increments. In no event shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made with as much advance notice as possible. The Director of Public Works, Director of Parks and Recreation or his designee may approve or deny such requests, but such approval shall not be unreasonably denied. In a case where a denial has occurred, the employee may advance the request with his/her union steward to the next level of management. Under no circumstances will such requests be approved if, at the time of the request, the absence, in the judgment of the Director of Public Works or the Director of Parks and Recreation, would cause another employee to be held over or called back to work. ARTICLE X VACATIONS Section 10.1. Eligibility and Allowance. Every employee shall be eligible to take paid vacation time after the completion of one (1) year of continuous full-time employment with the City in a position covered by this Agreement. Employees shall start to earn vacation allowance as of their date of hire. Vacation allowances shall be earned monthly, based on the following schedule: Length of Completed Continuous Service After completion of one (1) year After completion of six (6) years After completion of thirteen (13) years After completion of twenty (20) years Number of 8-Hour Work Days (Hours, Per Year 10 days (80 hours) I5 days (120 hours) 20 days (160 hours) 25 days (200 hours) Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) "hours of work." For purpose of this section only, actual work time plus paid vacations, compensatory time, sick time and personal days shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work." Section 10.2. Vacation Pay. The rate of vacation pay shall be the employee's regular straight -time rate of pay in effect for the employee's regular job assignment. Section 10.3. Scheduling and Accrual. Bargaining unit employees shall be awarded vacation time by the City in accordance with City service needs and, if possible, the employee's desires. On or before November Pt, the employer will post anticipated, accrued vacation time for each employee for the following calendar year (as of January 1 St). On or before November 1st, the Director of the Department or his designee shall post a schedule of days available for vacation during the upcoming calendar year. The bargaining unit employees shall then select their vacation preferences in the order of their seniority, with the most senior employee having first choice, the next most senior having second choice, and so on. Bargaining unit employees must make an initial first choice vacation selection of no more than two calendar weeks (to be taken in amounts of no less than one week), consecutive or separate, if eligible, during the initial sign up. After the initial sign- up, bargaining unit employees may be required to schedule any other vacation days in half -day increments on a first -come first served basis. The Director of the Department may limit the number of employees who will be allowed to take vacation at any one time. The vacation periods requested pursuant to this procedure shall be submitted to the Director of the Department or his designee for approval no later than December lst of each year. The 21 Department Director or his designee shall review the requests and post a vacation schedule on or before January Pt If a designee denies a vacation request, the employee can appeal the denial to the Director of the Department, whose approval of a request shall not be unreasonably withheld. After the vacation schedule has been posted, employees can, with two (2) workday advanced request, trade or reschedule vacation days, only with the approval of the Department Director or his designee. Employees can request to schedule additional vacation days after the vacation schedule has been posted with two (2) days advanced notice only with the approval of the Department Director or his designee. The employee requesting the addition or modification to vacation leave will be notified of the approval or denial of such as soon as a decision has been made but in no case less than twenty- four (24) hours prior to the requested vacation time. Vacation allowances are earned on a calendar year basis with the following exceptions. First, new hires will not receive vacation time until the anniversary of their first year of employment, upon which they will receive ten shifts of vacation time (provided they meet the requirements of Section10.1) which must be used prior to the end of the calendar year. Beginning the following January 1 and every January 1 thereafter, such employees will receive the vacation time they accrued during the prior calendar year for use in the calendar year in which they are given. Second, on an employee's anniversary date of employment in a year (after his first) in which he becomes eligible to earn additional vacation time (the employee's sixth, thirteenth, and twentieth anniversaries), the employee will receive the additional time on his anniversary for use during the remainder of the calendar year. On the following January 1, the employee will receive the vacation time he accrued during the prior calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken during a given calendar year are vacation allowances earned during the previous calendar year or provided the employee on his anniversary date of employment for use during the remainder of the calendar year. Employees are encouraged to utilize their accrued vacation time within a year from the time it is posted. However, a maximum of five (5) days may be carried over into the following calendar year. The period of time from November 15`" through March 31 sc is considered "snow removal months." During snow removal months, the maximum number of persons who will be permitted to be on vacation, compensatory time, or personal time at any one time shall be as follows: Division Maximum Street One Waste Water One Water One Utility One Parks One Should an employee who is considered a primary driver during the snow removal months take vacation, compensatory, or personal leave during the snow removal months, the City shall have the right to assign a replacement primary driver. If an employee signs the Employee Absence 22 Request and agrees to be available for snowplowing for the contiguous hours of the request, at the supervisor's sole discretion, additional employees may be granted requested time off. The Director of the Department or his designee reserves the right to cancel any or all approved vacation leaves in advance of their being taken and/or recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. An employee's vacation shall be considered to commence at the conclusion of his last scheduled pre -vacation workday, and will end at the start of the first scheduled post -vacation workday. During the "snow removal months" an employee must use four (8) hours of vacation, compensatory or personal time on a Friday or Monday to receive contiguous time off through the weekend, only a total of three (3) Street Division employees may utilize contiguous time per weekend during snow removal months. The parties agree to reopen the contract for the purposes of rene otg rating Section 10.3 if staffing problems arise during the 2021-2022 snow season. ARTICLE XI SICK LEAVE Section 11.1. Purpose and Allowance. Sicic leave with pay is provided as a benefit in recognition that employees and their immediate family members do contract various illnesses from time -to -time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring any non -service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of his employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers' compensation, sick leave, etc.) or for the illness of an immediate family member shall receive sick leave with pay as set forth in this Article. The City, at its discretion, may require an employee to produce a physician's verification of illness as specified in Section 11.4 for the illness of the employee or the illness of a family member. Section 11.2. Days Earned in Accumulation. Employees shall be allowed one day of sick leave for each month of service (which equals a total accumulation of twelve workdays per year). Sick leave shall be earned by an employee for any month in which the employee is compensated for more than eighty (80) "hours of work." For purposes of this section only, actual work time plus paid vacations, personal days, use of sick time, workers compensation status and FMLA time (while in pay status) is actual "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work." Sick leave cannot be taken before it is actually earned. Section 11.3. Notification. Notification of absence due to sickness shall be given to an individual designated by the Director of Public Works or Director of Parks and Recreation (normally the employee's Superintendent) as soon as possible on the first day of such absence and every day 23 thereafter (unless this requirement is waived by the Director of Public Works in writing), but no later than the start of the employee's work shift. Failure to properly report an illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 11.4. Medical Examination. The City may, at its discretion, require an employee to submit a physician's verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician's verification that the employee is well enough to return to work. Falsification of any verification of illness shall be grounds to subject the employee to disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City; if the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). Section 11.5. Sick Leave Utilization. Sick leave shall be used in no less than one hour increments. Sick leave may be utilized only for the purposes specified in Section 11.1. For purposes of Section 11.6(b), sick leave may accrue to a maximum of 800 hours (the equivalent of one hundred (100) eight -hour shifts) of sick leave as of the end of each fiscal year. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 11.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. Section 11.6. Unused Sick Leave. (a) An employee who has used less than (3) sick days during any calendar year may elect to receive a sick leave cash payment for the difference between three days and the number of sick leave days actually used (3 days maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee's accumulated sick leave. (b) An employee (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full-time employee, is eligible to retire and who elects to retire, or (iii) who dies while still employed after twelve (12) years of service shall be paid (or their designated beneficiary shall be paid) for unused sick leave days at the rate of fifty percent (50%) of his regular rate of pay in effect on the 1st day of May immediately preceding his last day of active work for the City for all accrued and unused sick leave time as of his last day of active work for the City, up to a maximum of eight hundred (800) hours (100 days), provided the employee has accumulated at least forty days (320 hours) of unused sick leave. In other words, the employee retiring or dying with at least forty days of sick leave will be paid fifty percent (50%) for all sick leave hours up to eight hundred (800), for a maximum of four hundred (400) hours of pay. In no event shall any employee be entitled to the benefits set forth in Section 12.6(b) if the employee is discharged. l�' ARTICLE XII ADDITIONAL LEAVES OF ABSENCE Section 12.1, Unpaid Discretionary Leaves. The City may grant leaves of absence, without pay or salary, to employees for job -related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, his spouse, or his child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty- five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Agreement. Section 12.2. Military Leave. Military leave shall be granted in accordance with applicable law. Employees must apply for such leave as soon as they are aware of the need for such leave. Section 12.3. Funeral Leave. In the event of the death of an immediate family member, an employee may be permitted to be absent from his job for an appropriate number of days up to three (3) consecutive work days off within ten (10) days following the death with the City's approval and receive regular straight -time pay. For purposes of this Section, immediate family shall include only the following persons related by blood, marriage or law to the employee; parents, spouse, children, siblings, mother4n4aw, father4n4aw, brother-in-law, sister4n4aw, spouse's child, spouse's grandparent, grandparents, and grandchildren. In the event of the death of an extended family member, an employee may be permitted to be absent from his job for one(1) workday with the City's approval and receive regular straight -time pay. For purposes of this Section, "extended family" shall include a daughter-in-law, son-in-law, aunts, uncles and cousins. Any absence to attend the funeral of anyone who is not a member of an employee's immediate or extended family may be arranged with the City, without pay, but previously accrued and unused vacation leave may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and the employee's attendance at the funeral if so requested by the City. At the City's discretion, an employee may be permitted to use accrued sick leave up to a maximum of five (5) additional days, in connection with funeral leave days to extend funeral leave. Section 12.4. Jury Leave. An employee required to report for jury duty (including service on a grand jury) shall be excused fi•om work without loss of pay for jury duty which occurs on the employee's scheduled duty days and during the employee's scheduled duty hours. An employee shall immediately notify the Director of Public Works, Director of Parks and Recreation or his designee as soon as he receives a notice to appear as a juror, and must provide the Director of Public Works, Director of Parks and Recreation or his designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation he receives for serving as a juror on days for which he was scheduled to be on duty, provided the employee may keep travel reimbursement he receives from the court for jury duty. 25 Section 12.5. Family and Medical Leave Act ("FMLA")Leave. A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City's published Family and Medical Leave Act policy. Section 12.6. Application for Leave. Unless otherwise required by law, any request for a leave of absence other than funeral leave under this Article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee and Union by the City and it shall be in writing. Section 12.7. Benefits While on Unpaid Discretionary Leave. (a) Unless otherwise required by law, and consistent with Sections 6.1, 10.1, and 11.2, length of service and other benefits shall not accrue for an employee who is on a worker's compensation leave or other approved unpaid leave. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Upon return from leave the City shall place the employee in his or her previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. (b) If, upon the expiration of a leave of absence, there is no work available for the employee, he shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. Section 12.8. Non -Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Director of Public Works or Director of Parks and Recreation. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. ARTICLE XIII WAGES Section 13.1. Base Wages. Employees covered by this Agreement shall be compensated in accordance with the wage schedule attached hereto and incorporated herein as Appendix C, with increases retroactive to May 1, 2021. Retroactive compensation will be paid within 60 days of the ratification of this Agreement by both parties. The wage schedule reflects general wage increases 26 2.259/oon May 1, 2021; 2.25%on May 1, 2022; 2.259/oon May 1, 2023; and 2.5916on May 1, 2024. Appendix A specifies the employees' job classifications and their corresponding pay grades. Appendix D includes a list of all current employees and their job classifications. The City's ten -step pay plan will remain in effect for all employees. New employees shall progress through the wage schedule at the rate of one (1) step per year of service, with the step adjustments awarded at the start of the fiscal year after completion of the requisite year(s) of service. An employee hired prior to November 1 will receive a step increase on the next May Is'; an employee hired on or after November 1 will not receive a step increase on the next May lst, but will wait instead to the start of the following fiscal year to progress to step 2 in their pay grade. Section 13.2. Wage Rates for Working Out of Classification. When an employee is required to assume the duties and responsibilities of a position that is compensated at a higher pay grade for more than three (3) consecutive workdays, he shall be paid at his same step in the higher pay grade for all hours actually worked in the higher rated job retroactive to the start of the assignment to the higher -rated job. Section 13.3. Military Service Compensation. Upon presentation of pay stubs evidencing an employee's compensation for performing military reserve service, the City shall pay the employee the difference between the gross amount of such compensation and the employee's regular compensation (excluding overtime) less withholding for a period not to exceed two weeks per calendar year. Section 13.4. Responsible Operator In Charge. In the event that the City determines the need for a responsible operator in charge with the IEPA, the qualified operator will receive step-up pay of $2.50 per hour for all hours worked in each pay period. The rate for overtime hours will be at the applicable rate. Step up pay is only in effect during the times in which the employee is the acting WIC registered with the IEPA. If the City determines the need to transfer responsible operator in charge duties to another operator in charge, the City shall have the right to transfer such duties at its discretion upon 30 days written notice. ARTICLE XIV UNIFORM ALLOWANCE Section 14.1. Uniform Allowances. The mechanics, maintenance mechanics, wastewater treatment operators, wastewater maintenance workers and building &grounds custodians will be provided with specified uniforms by the City. All other employees shall receive an annual uniform allowance in the following amounts for the purchase of City -approved uniforms and boots (including safety shoes) from City -approved vendors will be charged: 2021-2022: $475, including $200 for boots; 2022-2023: $475, including $200 for boots; 2023-2024: $500, including $225 for boots; 2024-2025: $500, including $225 for boots. Employees may use the annual uniform allowance to purchase any seasonal or other workwear approved by the Department Director or City Administrator in addition to the normal complement of clothing paid by the City. The uniform allowance account shall not be carried over from year to year. All wastewater treatment operators, wastewater maintenance workers, mechanics, maintenance mechanics, and building and grounds custodians will receive One Hundred Seventy - Five Dollars ($175.00) per fiscal year allowance for the purchase of class 75 or better work boots. The allowance will be paid upon presentation of a paid receipt for the boots purchased. The City reserves the right to specify the work boot and vendors used. The City shall purchase and clean (at the City's expense) winter coats for fleet maintenance and wastewater divisions' employees every three years. The winter coats shall be considered, and will remain, the City's property. Section 14.2. Return of Uniforms and Eguiument. Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City in good condition, less normal depreciation and destruction in the course of employment. Section 14.3. Tool Allowance. A $350.00 per year tool allowance will be paid to Street Division mechanics. ARTICLE XV INSURANCE AND HEALTH Section 15.1. Union Health Plan. A. Full-time bargaining unit employees will continue to participate in the health and welfare plans administered by the Midwest Operating Engineers Welfare Fund ("Fund"). The extent of coverage shall be governed by the terms and conditions set forth in the plans and/or Policies of the Agreement and Declaration of Trust of the Midwest Operating Engineers Welfare Fund, and all subsequent amendments made thereto, which shall be incorporated by reference herein. Any dispute concerning the coverage shall be resolved in accordance with the terms and conditions of the Declaration of Trust and shall not be subject to the grievance procedure of this Agreement. Part-time and seasonal employees are not eligible to participate in the plan. Part-time or seasonal employees are those employees who regularly work less than 30 hours per week. New employees will be covered on the first day of the first month following date of hire B. Effective May 1, 2021, the City will submit to the Fund the following monthly contributions on behalf of each eligible employee: Single: $799 Single plus 1: $1,597 Family: $25436 Thereafter, the rates shall increase on May 1 of each remaining contract year by an amount equal to the lesser of actual cost increases incurred by the Midwest Operating Engineers Health and Welfare Fund or 10%. If the cost of the Plan increases by more than 7% in a fiscal year, the parties agree to reopen the contract for purposes of negotiating wages for that respective fiscal year. C. Section 125 Pre -Tax Participation. Employees may continue to participate in the City's Health Care Benefits Salary Reduction plan, in which they may pay their share of insurance premiums and other out-of-pocket medical costs with pre-tax dollars to the extent allowable by law. Section 15.2. Waiver of Insurance. Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage but thereafter chooses to reverse his decision, the reinstatement of each such insurance shall be contingent upon the employee's insurability and shall also be subject to such conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of the employee's prior waiver and non -coverage. Section 15.3. Insurance for Iniured Employees. The City shall pay the insurance premiums for employees unable to work because of an on -the job injury for a period not to exceed six months subsequent to the injury. Section 15.4. Life Insurance. The current City coverage offered to all regular full time employees for life insurance for each employee covered by this Agreement in effect at the time of the signing of this Agreement shall continue for the life of the agreement, at no cost to the employee. Section 15.5. Hepatitis Vaccine. The City shall, at its expense, provide hepatitis vaccine inoculations to any employee whose job responsibilities bring him in contact with raw sewage. Section 15.6. 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. 29 ARTICLE A DISCIPLINE Section 16.1. Discipline. As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable. Nothing, however, shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non - probationary employees may only be disciplined for just cause. Section 16.2. Removal of Discipline. Verbal written reprimands shall be removed from an employee's file after twenty four months from the occurrence, provided the conduct which led to the reprimand has not reoccurred during that time period. Written reprimands shall be removed from an employee's file after 48 months from occurrence, provided the conduct that led to the reprimand has not reoccurred in that time period. Section 16.3. Access to Arbitration. The parties agree that an alleged violation of Section 16.1 above may not be taken to arbitration under the grievance procedure in Article VII, absent a specific, voluntary binding legal waiver of the employee's right to sue in court over the same incident. ARTICLE XVII GENERAL PROVISIONS Section 17.1. Gender. Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Section 17.2. Ratification and Amendment. This Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. Section 17.3. Fitness Examinations. The City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City if there is any question concerning an employee's fitness for duty or fitness to return to duty. The City may also require any or all employees to take a complete physical exam as often as once a year. All physical examinations may include employee drug or alcohol testing when testing for fitness to return to duty or when appropriate under applicable policies (see Section 17.5). Section 17.4. Physical Fitness Examinations. In order to maintain and improve efficiency in the Public Works and Parks Departments, to best protect the public and to reduce insurance costs and risks, the City may establish reasonable physical fitness requirements for employees, which my include individualized goals and minimum fitness standards. All employees may be required to participate in any such program. Employees who fail to meet minimum fitness standards or who fail to make a good faith effort to achieve individualized goals shall be subject to progressive discipline 30 up to and including discharge. The City will meet with Union representatives in accordance with Article IV to discuss reasonable physical fitness requi Arrements prior to their implementation or alteration. Section 17.5. Drurn and Alcohol Testinr Policies. The City shall implement a drug and alcohol testing policy for employees with commercial drivers licenses (CDL's) consistent with applicable federal law. Other drug and alcohol testing shall be administered in accordance with applicable City policies. Section 17.6. Outside Employment. It is understood that the City is the employee's primary employer and hours and schedule flexibility of any outside employment must be secondary to their obligations to the City, including response to call-backs. Employees may hold outside jobs, including self-employment, which will not result in a conflict of interest, infringe on their ability to do their job for the City, negatively reflect upon the City or be prohibited by law. Employees shall notify the Director of Public Works or Director of Parks and Recreation of any ongoing outside employment (name, address, phone number) where they can be contacted when necessary for callbacks. Section 17.7. Rules and Regulations. The Union acknowledges the right of the City to make, alter, interpret and enforce rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing written policies, procedures, rules, regulations, orders or directives of the City or the Public Works and Parks Departments which directly relate to and significantly affect terms and conditions of employment for employees covered by this Agreement, the City shall notify the Union in writing of the proposed change(s), at least ten (10) days prior to the effective date of the modification, and shall provide a reasonable opportunity to the Union during the 10-day notice period to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article IV of this Agreement. Section 17.8. Maintenance of Specific Working Conditions. During the term of this Agreement, the City will continue to follow existing Personnel Policy Manual provisions (as last amended September, 2021) relative to (1) pool passes (Section 36.1 of The Manual) and (2) payment for commercial driver's licenses (Section 36.2 of The Manual). Section 17.9. Use of Electronic Communication Devices. At no time shall an employee covered by this collective bargaining agreement operate heavy equipment or vehicles while using a personal electronic communication device. Section 17.10. Evaluation Copy. Employees shall be provided a copy of their evaluation at the time they are evaluated. Section 17.11. Opportunity Lists. Employees from the street department who are qualified to run and/or assist on the Aqua Tech work will be given the opportunity to be placed on that 31 opportunity list, in a secondary capacity, on if no Sewer Department employees are available on a call out. Section 17.12. On Call and now Opportunity Lists. The lists shall start using the seniority list with the most senior employee. Section 17.13 Water/Wastewater Licensinra. Employees eligible to take a Water or Wastewater license shall be allowed to test during his/her normal shift. The Employer shall reimburse all test related costs to the employee after successful completion of the test. The number of employees at each operator grade shall be limited based upon the chart included as Appendix B. ARTICLE XVIII SUBCONTRACTING It is the general policy of the Employer to continue to utilize employees to perform work they are qualified to perform. However, the Employer reserves the right to contract out any work it deems necessary in the interests of efficiency, economy, improved work product or emergency as long as such subcontracting does not result in a layoff of any bargaining unit position or a reduction in normal hours of work without first providing the Union thirty (30) days notice and the opportunity to discuss alternatives to the layoffs or reduction of hours with the City. ARTICLE XIX SAVINGS CLAUSE In the event any Article, section or portion of this Agreement should be held invalid as unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, then such provision shall not be applicable or performed or enforced, except to the extent permitted or authorized by law, and such provision shall be deemed modified to the extent necessary to conform to law; provided that in such event all other provisions of this Agreement shall remain in full force and effect. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE XX ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no verbal statements shall supersede any of its provisions. Any amendment supplemental hereto shall not be binding upon either party unless executed in writing by the parties hereto. The Employer and Union Representative, for the life of this agreement, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to: (1) any subject or matter specifically referred to or covered in this agreement; and (2) subjects or matters that arose as a result of the parties' proposals during bargaining, but which were not agreed to. 32 ARTICLES XXI 111.7r Y [I7►`/�►`171 Y �1.7u [�] 5I�l17 � flu l �i►`Y Y This Agreement shall be effective the day after the contract is executed by both parties, and shall remain in full force and effect until 11:59 p.m. on the 30th day of April 2025 It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than forty-five (45) days prior to the expiration date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new agreement is reached unless either party gives at least ten (10) days' written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this � day of N U V , 5. ao42l w�s CITY OF MCHENRY: 33 Appendix A Job Classifications and Pay Grades I1JOE Local #150 May 1, 2021 through April 30, 2025 Job Classification Grade Building &Grounds Custodian A Maintenance Worker I (Parks, Streets, Water, Utility, Wastewater) Maintenance Worker II B (Parks, Streets, Utility) Operator I (Water, Wastewater) C Mechanic I (Streets) Maintenance Worker III (Parks, Streets, Utility) Maintenance Worker IV (Parks, Streets, Utility) D Operator II (Water /Wastewater) E Mechanic II (Streets) Wastewater Mechanic Chief Water Operator Chief Wastewater Operator F Master Operator 34 Appendix B: IUOE Local g150 Credential Table for lob Classilicationsond Pay Grades lob Classifications Credentials Grade Maximum gofEmployees at Grade Maintenance 1 (Parks) A Maintenance I (Streets, Utility, Water, Wastewater) A Maintenance 2 (Parks) 1 of the following: Applicator License, Playground Inspector, Illinois Arborist B Maintenance 2 (Streets & Utility) 1 of the following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator License B Maintenance 3(Parks) 2 of the following: Applicator License, Playground Inspector, Illinois Arborist, Availability & Conduct Performance. C 2 1 credential must be Illinois Arborist. Maintenance 3 (Streets & Utility) 2 of the following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator License, Availability & C 9 All employees currently at C grade will remain at C Conduct Performance. I of the credential must be Illinois Arborist or Class D Water. grade Operator I (Water) Class C& D Water C 2 Operator I lWastewater) Class 4 Wastewater C 2 Mechanic 1 C Maintenance 4 (Parks) 3 of the following: Applicator License, Playground Inspector, Illinois Arborist, Availability & Conduct Performance. D 1 1 credential must be Illinois Arborist Maintenance 4 (Streets & Utility) 3 ofthe following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator License, Availability & D 3 plus current employees at Dgrade (subject to current Conduct Performance. 1 credential must he Class D Water or Illinois Arborist. employees passing D Water Exam per side letter agreement) Operator 2 (Water) Class B Water E 2 plus current employees at grade Operator 2 (Wastewater) Class 1 Wastewater E 2 plus current employees grandfathered at E grade Mechanic 2 3 ASE Certifications E 2 Wastewater Mechanic Licensed Electrician & Class 4 Wastewater E 1 plus current employees grandfathered at E grade Chief Water Operator Class B Water & Facility ROTC F 1 Chief Wastewater Operator lClass 1 Wastewater & Facility ROIC F 1 Master Operator JCIass B Water &Class 1 Wastewater F 2 Jason McMahon will remain at D grade per previous contract as he passed the exam under the previous contract effective dates. Benfon Lesperance will be moved to D grade upon reciept of C & D water license per previous contract as he passed the exam underthe previous contract effective dates. Availability &Conduct Performance is defined as a current continous 24 month record of: 90%overtime callout response for all callouts, no missed/refused calls during assigned on call time, snow season time off (personal, vacation, comp) is only attached to 2 weekends per snow season, no new discipline above a verbal reprimand. FMLA time and personal or family medical treatment which is documented by a physician will not 6e counted against overtime callout response or on call Applicator Licensese shall be Illinois Department of Agriculture licensee of one of the 3 following categories: Right of Way, Aquatic, Ornamental Should Availability &Conduct Performance or any credentials lapse, the employees grade will be reduced to the farmer grade and an availahle position at the abandoned grade will be made availahle, Availability and Conduct Performance shall be considered lapsed due to any of the following: progressive discipline at the suspension level, overtime callout response drops below 79%, 35 May 1, 2020 -April 30, 2021 Grade Appendix C IUOE Local #150 Wage Schedule 1 2 3 4 5 6 7 8 9 10 A - Bldg. u Grounds $46,837 $48,716 $50,670 $52,701 $54,814 $57,012 $590297 $61,675 $64,148 $66,721 B- Maintenance Worker (Parks, Streets, Water, Utility, Wastewater) $52,339 $54,437 $56,976 $58,892 $61,252 $63,707 $66,262 $680920 $71,684 $74,560 C - Utility Division Operator i $54,815 $57,014 $59,478 $61,679 $64,152 $66,724 $6%399 $72,182 $75,077 $78,089 D • Operator I Wastewater, Utility Division Operator 11 $570291 $59t5911 $61,9801 $64,466 $67PO521 $69,741 $7205361 $75,445 $7804711 $81,618 E • Operator 11 Wastewater, Mechanic - Streets, Wastewater $62,731 $65,247 $67,864 $70,582 $73,413 $76,358 $7%420 $82,603 $85,916 $8%362 Start of New Contra4i May 1, 2021,-April 3Q 2022 2.25% Grade _... 1. 2 3 4 5 _ 6 7 8- _. 9 10 A -Bldg. &Grounds, Maintenance 1(Parks, Streets, Water, Utility, Wastewater) $47,890,83 $49,812.11 $51,810,08 $530886.77 $560047.32 $58,294,77 $60,631.18 $63,062.69 $650591,33 $68,222,22 B - Maintenance 11 (Parks, Streets, Utility) $53,516.63 $550661.83 $58,257,96 $600217,07 $620630,17 $65,140,41 $67,752,90 $70,470.70 $73,296.89 $76,237,60 C- OperatorI (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets) $56,048.34 $58,296,82 $60,816.26 $630066.78 $650595.42 $68,225,29 $70,960.48 $73;806.10 $76,766.23 $79,846,00 D - Maintenance IV (Parks, Streets, Water, Utility, Wastewater) $58,580,05 $60,931.80 $63,374.55 $65,916,49 $68,560.67 $71,310.17 $74,168.06 $77,142.51 $80,236,60 $83,454.41 E - Operator 11 ( Water, Wastewater), Mechanic 11, Wastewater Mechanic $64,142,45 $66,715.06 $69,390.94 $72,170,10 $75,064.79 $780076,06 $810206.95 $84,461,57 $87,849.11 $91,372.65 May 1, 2022 -April 3Q 2023 2.25% A - Bldg. &Grounds, Maintenance i (Parks, Streets, Water, Utility, Wastewater) $48,968.38 $50,932.88 $52,975.80 $55,099.22 $57,308.38 $59,606.40 $61,995.38 $64,481.60 $67,067.13 $69,757.22 B • Maintenance II (Parks, Streets, Utility) $54,720.75 $56,914,22 $59,568.76 $61,571.95 $64,039.35 $660606.07 $6%277.34 $72,056,29 $74,946.07 $77,952,95 C- OperatorI (Water, Wastewater), Maintenance Ill (Parks, Streets, Water, Utility, Wastewater), Mechanic I(Streets) $57,309.43 $590608.49 $62,184.62 $64,485.78 $67,071.32 $6%760.36 $72,557,09 $75,466.73 $78,493,47 $81,642.54 D • Maintenance IV (Parks, Streets, Water, Utility, Wastewater) 1 $59,898.101 $62,302.761 $64,800,481 $670399,611 $70J03,291 $72,914,651 $75,836,841 $78,878,221 $82,041,921 $85,332,13 E - Operator 11. ( Water, Wastewater), Mechanic 11, Wastewater Mechanic 1 $65,585,65 $680216,15 $70,952.24 $73,793.92 $76,753.75 $79,832,77 $83,034,11 $86,361,95 $891825,71 $93,428,53 .May 1, 2023 - Aprif30, 2024 2.25% A - Bldg. &Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater) $50,070.16 $52,078.87 $54,167.76 $56,338.96 $58,597.82 $60,947.55 $63,390.28 $650932.43 $68,576.15 $71,326.76 B -Maintenance II (Parks, Streets, Utility) $55,951.97 $580194,79 $600909.06 $62,957.32 $65,480.23 $680104.70 $70,836,08 $73,677,56 $76,632.36 $79,706,89 C • Operator I ( Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I(Streets) $58,598.89 $60,949,68 $63,583.77 $650936,71 $680580.42 $71,329.97 $74,189,62 $770164.73 $800259.58 $83,479.49 D • Maintenance IV (Parks, Streets, Water, Utility, Wastewater) $61,245.81 $63,704.58 $660258.49 $68,916.10 $710680,61 $74,555.23 $77,543.17 $800652.98 $83,887,86 $87,252.10 E- Operator 11 (Water, Wastewater), Mechanic 11, Wastewater Mechanic $67,061.33 $69,751,01 $72,548,66 $75,454,29 $78,480.71 $81,629,00 $840902.37 $88,305,10 $91,846,79 $95,530.67 May 11 2024 - April 30 2025 2s0% Grade _.1 2 3 4..... 5 5. 7. 8 9 SO A • Bldg. &Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater) $51,321.92 $53,380.84 $55,521.95 $57,747.43 $60,062.76 $62,471.24 $64,975.04 $67,580.74 $70,290.55 $730109.93 B -Maintenance II (Parks, Streets, Utility) $57,350.77 $59,649.66 $62,431.79 $64,531.26 $67,117.24 $69,807,32 $72,606,98 $75,519.50 $78,548.17 $81,699.56 C- OperatorI (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets) $60,063,86 $620473,43 $65,173,37 $67,585,13 $70,294,93 $730113,22 $760044.36 $79,093.85 $82,266.07 $85,566.48 D- Maintenance IV (Parks, Streets, Water, Utility, Wastewater) $620776,95 $65,297.19 $67,914.95 $70p639.00 $73,472.62 $760419.11 $79,481,75 $82,669,30 $85,985,06 $89,433,40 E - Operator II (Water, Wastewater), Mechanic 11, Wastewater Mechanic $680737,86 $71,494.78 $74,362,38 $770340.64 $800442.73 $83,669.73 $87,024.93 $900512,72 $94,142,96 $97,918.94 F - Grade F shall include Chief Water Operator, Chief Wastewater Operator, Master Operator. Personnel at Grade F shall be paid $2.50/hour step up pay in addition to the current pay at Grade E Step 10 in the current contract year. 36 Appendix D IUOE Local #150 Employees and Job Classifications (as of 8/31/2021) Dept.vision Employee Name Job Classification/Grade Administration Dept. John Cummings Custodian (A) Parks Department Tracy Crowder Maintenance Worker II (B) John Dillion Maintenance Worker II (B) Christopher Etten Maintenance Worker II (B) Jacob Reilly Maintenance Worker II (B) Christopher Vanlanduyt Maintenance Worker II (B) Robert Zimmerman Maintenance Worker II (B) Street Division Nathaniel Banwart Maintenance Worker II (B) Ronald Barta Mechanic II (E) Salvatore Burrafato Maintenance Worker II (B) Robert Glascott Maintenance Worker II (B) Nicholas Goettsche Maintenance Worker II (B) Jason Lamz Mechanic II (E) Richard Leisten Maintenance Worker II (B) Henry Lobermeier Maintenance Worker II (B) Pedro Padro Maintenance Worker II (B) Christopher Sandoz Maintenance Worker II (B) Utility Division Sean Johnson Maintenance Worker III (C) Ryan Cheney Maintenance Worker III (C) Paul Clements Maintenance Worker III (C) Clinton Greve Maintenance Worker (B) Timothy Lechner Maintenance Worker III (C) Patrick Maher Maintenance Worker III (C) Esteban Ramirez Maintenance Worker III (C) Todd Sasak Maintenance Worker III (C) Wastewater Division Kevin Beggs Wastewater Mechanic (E) Daniel Duffy Operator II (E) David Fees Maintenance Worker II (B) Michael Freund Maintenance Worker II (B) John Kuhl Operator II (E) Gregory Oliver Maintenance Worker II (B) Bryan Thorne Operator II (E) Water Division Benton Lesperance Maintenance Worker II (B) Douglas Mace Operator II (E) Jason McMahon Operator I (D) Bryan Scheel Chief Operator (F) 37