Loading...
HomeMy WebLinkAbout6.4 A RESOLUTION TO APPROVE A COLLECTIVE BARGAINING AGREEMENT EXTENSION between the International Union of Operating Engineers Local 150 and the Village of Mount Prospect.Item Cover Page ,a" wubject A RESOLUTION TO APPROVE A COLLECTIVE ■ LocalARGAINING AGREEMENT EXTENSION between the International Union of Operating Engineers •the Villageof Mount Prospect. Meeting September 2020 REGULAR PROSPECT BOARD 701011 a • Fund,Ludget Source General Fund, Water & Sewer Fund, Parking Fund, Refuse . • Vehicle Maintenancel e • f ry CONSENT AGENDA InformationType Consent it This memorandum transmits a resolution authorizing a one (1) year extension t the current labor agreement between the Village of Mount Prospect and the International Unionof Operating Engineers •(Local150). insuranceAlso attached is a red -lined version of proposed changes to current agreement. Changes include a wage increase and an increase in the cost of the health Local 150 represents a 38 -member bargaining unit of Public Works Department ;tmployees including maintenance personnel, electricians, and mechanics. The current contract between Local 150 and the Village is slated to expire on December 311 2020 after a term of five (5) years. Union representatives and Village staff agree that current conditions are unfavorable for collective bargaining given the anxiety and risk posed by current economic conditions. Both parties further agree that respective interests are best served by delaying collective bargaining for a new contract and extending the current agreement until December 31, 2021. In addition to the term, the proposed extension also provides a 2% wage increasic.; 1 for bargainingunit employees effective January! are no other wage increases in the proposed extension. Please note that the existing contract also included an annual 2% wage increase. However ,r it was distributed in 1% increments at 6 month intervals. The cost ,#ifference between a one-time and an iterative wage increase is negligible (approximately $300 for the entire bargaining unit for the year). Additionally, ! ! also , - increases health insurance. By popular vote,, the bargaining unit obtains health insurancl,kawo, from Local 150 with premiums paid by ! Village'sNotably, the proposed extension includes a 1% health insurance premium hike on January 1, 2021 and a 5% cap on a second increase slated for May 1, 2021. The cumulative effect of these increases is that the cost of health insurance for bargaining unit employees will increase by no more than 6%. Assuming a worst case premium increase scenario,, a 6% increase in 2021 would cost only $7,606 more than the cost of insuring the entire group if they are on the health insurance plan There are no other proposed changes to the current agreement. Alternatives 1. Pass !' resolution authorizing Staff2. Action at the discretion of the Village Board. Recommendation dao Staff recommends that the Village Board pass ! resolution .'i _ (1) - year extension of the current labor agreement between the International Union of Operating Engineers Local 150 and the Village of Mount Prospect. Included with this term extension is a 2% wage increase and capped commensurate health insurance premium increases at • , ■ ■ Local 150UnioncontractSept2020. pdf 9.1 ■ 2020_FINAL_One_Year_Extension_PW_-_Mt._Prospect_1. pdf 2 RESOLUTION NO. -20 A RESOLUTION TO APPROVE A COLLECTIVE BARGAINING AGREEMENT EXTENSION BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEE DIVISION (TERM OF JANUARY 1, 2021 THROUGH DECEMBER 31, 2021) WHEREAS, the duly authorized representatives of the Village of Mount Prospect in good faith have negotiated a one year collective bargaining agreement extension ("Agreement") with the International Union of Operating Engineers, Local 150, Public Employee Division, ("IUOE Local 150") concerning wages, hours, terms, and other conditions of employment for the term January 1, 2021 through December 31, 2021; and WHEREAS, the agreement has been lawfully and properly ratified by the membership of the "IUOE Local 150"; and WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village of Mount Prospect to authorize the "Agreement" between the Village of Mount Prospect and "IUOE Local 150" and made part of this resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, have reviewed and approved the "Agreement" between the Village of Mount Prospect and "I UOE Local 150" attached as Exhibit "A" and made part of this Resolution. SECTION TWO: The Village Clerk shall transmit a certified copy of this Resolution to the President of the "IUOE Local 150". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this t" day of September 2020. Arlene A. Juracek, Mayor ATTEST: Karen M. Agoranos, Village Clerk V? COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEE DIVISION AND THE VILLAGE OF MOUNT PROSPECT EFFECTIVE T T THROUGH DECEMBER 31,202124 E TABLE OF CONTENTS AGREEMENT.............................................................................................................................. 3 ARTICLE I RECOGNITION AND REPRESENTATION.................................................. 3 ARTICLE II MANAGEMENT RIGHTS................................................................................ 3 ARTICLE III DUES DEDUCTION.......................................................................................... 4 ARTICLEIV WAGES................................................................................................................. 5 ARTICLE V VACATION PROGRAM...................................................................................... 6 ARTICLEVI LONGEVITY...................................................................................................... 8 ARTICLE VII PERSONAL TIME........................................................................................... 9 ARTICLE VIII HOLIDAYS....................................................................................................... 9 ARTICLE IX INSURANCE PROGRAM................................................................................10 ARTICLE X SICK LEAVE........................................................................................................ 14 ARTICLE XI BEREAVEMENT............................................................................................... 15 ARTICLE XII UNIFORM/SHOE ALLOWANCE.............................................................. 15 ARTICLE XIII OVERTIME/CALL OUT/PREMIUM TIME .............................................. 15 ARTICLE XIV MANDATORY REST PERIOD.................................................................... 17 ARTICLE XV NO STRIKES - NO LOCKOUTS...................................................................18 ARTICLE XVI GRIEVANCE PROCEDURE/ DISCIPLINARY PROCEDURES....... 18 ARTICLE XVII RETIRED EMPLOYEES' HEALTH INSURANCE ................................. 21 ARTICLE XVIII JOB CLASSIFICATION AND PROMOTIONS .................................. 22 ARTICLE XIX FILLING OF VACANCIES........................................................................ 22 ARTICLE XX SENIORITY...................................................................................................... 23 ARTICLE XXI EMERGENCY UNSCHEDULED OVERTIME ...................................... 23 ARTICLE XXII SAFETY.......................................................................................................... 24 ARTICLE XXIII SICK LEAVE AND VACATION REPORTING ...................................... 24 ARTICLE XXIV RESIDENCY REQUIREMENT................................................................. 24 ARTICLE XXV LAYOFF......................................................................................................... 25 ARTICLE XXVI SEPARABILITY.......................................................................................... 25 ARTICLE XXVII MISCELLANEOUS................................................................................... 26 ARTICLE XXVIII CERTIFICATION................................................................................... 27 ARTICLE XXIX ENTIRE AGREEMENT............................................................................. 28 i 4838-0344-8009.19/10/2020 11:42 AM 5 ARTICLE XXX DURATION.................................................................................................... 28 APPENDIX A ........................................................... ERROR! BOOKMARK NOT DEFINED. SIDE LETTER AGREEMENT I................................................................................................. 32 SIDE LETTER AGREEMENT 2................................................................................................. 33 MEMORANDUM OF AGREEMENT I...................................................................................... 34 MEMORANDUM OF AGREEMENT 2...................................................................................... 35 4838-0344-8009.19/10/2020 11:42 AM A d"DUUA4UXT9P This Agreement is entered into by and between the Village of Mount Prospect, Illinois (hereinafter called "Village") and the International Union of Operating Engineers, Local 150, AFL- CIO (hereinafter called "Union"). ARTICLE I RECOGNITION AND REPRESENTATION The Village recognizes the Union as the sole and exclusive bargaining agent with respect to wages, hours and conditions of employment for full-time employees classified as Maintenance Worker, Mechanic, or Electrician; excluding all other employees of the Village. ARTICLE II MANAGEMENT RIGHTS It is understood that the management and the direction of the working force is vested exclusively to the Employer except as specified in the other Articles of this Agreement. It is the Employer's right to hire, demote, suspend or discharge; layoff, promote, assign or transfer employees to any job or any work, any time or anywhere; to increase or decrease the working force; to determine the number and size of the work shifts; to determine the number of employees assigned to any work or any job; to determine the hours of work per day or week; to make work rules for the purpose of efficiency, safe practices and discipline; to establish performance standards and to review employees under these standards; to determine the equipment to be used; to make technological changes; to determine the number and location of its operations; to move, close or liquidate its operations in whole or in part; to separate or reassign its employees in connection with said moving, closing or liquidating; the right to transfer; to subcontract work; to determine the duties and production standards; to combine jobs, to eliminate classifications or work; to require overtime work; and to fill new jobs and set a wage rate subject to negotiations over such wage rate. 3 7 The rights and powers of management mentioned in this collective bargaining agreement do not list or limit all such powers, and the rights listed together with all other rights, powers and prerogatives of management, not specifically ceded in this Agreement remain vested exclusively in management. The right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim that management has claimed, condoned or tolerated any practice or any act or acts of any employees. • No practice which has developed, either with or without the consent of the Employer, shall be considered part of this contract unless it is in writing and included in this contract. Nothing in this Article shall abrogate or alter any other Article of this Agreement. ARTICLE III DUES DEDUCTION A. The Village shall deduct membership dues from bargaining unit employees who submit signed a voluntary membership and dues deduction authorization cards. Deductions shall commence the next regular pay period closest to thirty (30) days from receipt of the dues deduction authorization. B. The Union, as exclusive representative of all bargaining unit employees, will represent all such employees fairly and equally. No employee shall be required to join the 4 Union, and membership in the Union shall be available to all bargaining unit employees without discrimination. C. The Union does hereby indemnify and shall save the Village harmless against all claims, demands, suits, or other forms of liability including legal fees and court costs, that arise out of, or by reason of, action taken or not taken by the Village relating to the provisions of this Article. D. In the event an action is brought by any party, except the Village, challenging the validity of the provisions of this Agreement or any deductions made pursuant thereto, in which the Village is named as a party, the Union agrees it will indemnify the Village in full for attorney fees incurred in those instances where the Village has not tendered its case to the Union. ARTICLE IV WAGES .: A. Effective January 1, .........::....:...... 1 wages shall be paid pursuant to the provisions of .... 1„�.:.�':................ Appendix "A" attached hereto. B. Probation. All employees shall serve a probationary period of twelve (12) months from date of hire in the bargaining unit. The wages of any probationary employee shall be fixed at the rate at which he/she was hired for the twelve (12) month probationary period. Probationary employees shall become eligible for paid vacations only upon completion of the probationary period. The Village has the power to hire employees and set their salaries at a level higher than a particular pay step based on experience of the applicant. Employees hired above the established start rate shall progress through the wage schedule by way of annual increases as defined by the Village. 5 9 ARTICLE V VACATION PROGRAM Full-time employees shall be entitled to vacation as set out below, based on continuous service. Full time employees shall be entitled to vacation as set out below, based on continuous years of service of: Year of Service (Completed) Pay Period Maximum Maximum Accrual Rate Annual Accrual Annual Accrual (In Hours) (In Hours) (In Days) First 12 months 0 0 0 At 1 year 80.0 (Lump Sum) 2 to 5 years 3.09 80.0 10 Through 6' year 3.70 96.0 12 Through 7th year 4.01 104.0 13 8th through 10th years 4.63 120.0 15 Through 11th year 5.24 136.0 17 Through 12th year 5.55 144.0 18 Through 13th year 5.86 152.0 19 Through 14th year — 18th year 6.16 160.0 20 18th year — 20 years 6.61 172.0 21.5 20 years and more 7.07 184.0 23 Continuous service as utilized hereinabove shall mean any period of employment uninterrupted by separation or leave of absence. Employees shall calculate their years of service as it falls on their employment anniversary date. Employment anniversary date as utilized below shall be construed to mean: If an employee begins work on or prior to the fifteenth (15th) of the month, that month shall be considered as his/her employment anniversary date. If, however, an employee begins work- after ork after the fifteenth (15th) of the month, the next month shall be considered as his/her employment anniversary date. 2 10 Vacation shall accrue on a pay period basis. Accruals will be credited as earned, with the accrual rate being calculated on the continuous years of service attained by the employee. The accrual rate will automatically increase from one step to the next on the appropriate employment anniversary date. The total vacation time credited at the end of any pay period will equal the total amount of vacation earned as of that date. Accrued vacation time will be posted in the appropriate box on the employee's pay stub. This total will be updated at the end of each pay period to reflect both additional accruals and/or the depletion of the vacation account through the employee's use of accrued vacation time. Vacations shall be taken during the calendar year, January 1 through December 31, but only accrued vacation can be used. An employee may request a cash reimbursement of unused Vacation twice every year. Employees must leave a minimum of ten (10) days of accumulated Vacation unused (80 hours) at the time of buy-back. Employees will have an opportunity to file a Vacation Reimbursement Request with the Finance Department based on accumulated vacation as to December 31 and by June 30, and if cash in is desired the employee must submit the necessary request form by the established deadline. Employees who are eligible and request vacation cash in payment, shall receive such payment in the employee's regular payroll check with the last payroll in March and the last payroll in September. Only accrued Vacation time may be used during the calendar year. Employees will not be allowed to use vacation time which has not yet accrued without written approval of the Village Manager. The carrying over of Vacation from one year to the next shall be subject to Departmental policy and the approval of both the Public Works Director and the Village Manager. In no case, may more than twice the employee's annual accrual may be carried over into the next calendar year. 7 11 The Department Director in determining the annual vacation schedule will take into consideration the desires of the individual employee, the interests of the Village and the needs of the Department. Employees shall be entitled to split their vacations into no more than five (5) units. No more than seven (7) employees shall be off at any given time. The splitting of vacations shall be subject to the approval of the Department Director, but such approval shall not be unreasonably withheld. In the event of conflict in employees' scheduling, seniority will be considered. Employees entitled to more than ten (10) days' vacation shall be entitled to take it consecutively with the authority of the Department Director. Employees terminating employment shall be eligible for pay -out of accrued vacation time after the date of termination on the next regular payroll date. ARTICLE VI 1. This pay will be paid to full-time employees as a means of recognizing extended years of service with the Village. Employees who complete the required years of service by December 31 St of each year will be eligible for the Longevity payment in December of each year. Longevity Pay will be paid annually by December 31 St based on the total number of continuous full years of full-time service as of December 31st of each year and calculated from the employee's anniversary date of employment. In all cases, the employee must be currently employed with the Village as of December 31St of each year to be eligible for Longevity Pay. There will be no pro- rating of Longevity Pay for partial years completed as of December 31St. Longevity payments shall be included with the employee's regular payroll check for the first payroll in December. 2. Longevity Pay Schedule: Completed Years of Service Annual Longevity PaX 5 years — 9 years $400 8 12 10 years — 14 years $500 15 years — 19 years $600 20 years and beyond $700 ARTICLE VII PERSONAL TIME Each Public Works employee shall be entitled to five (5) personal days off with pay during the calendar year. Said day shall not be charged against vacation or sick leave. To be eligible, an employee must schedule the time and receive the approval of the Department Director, such approval not to be unreasonably denied. All personal time away from work must be scheduled in a manner so as not to hinder the performance of normal Village service to the public. Personal time may be accrued up to five (5) days during any fiscal year, which maximum may then be carried over to the next fiscal year without loss; provided that the maximum number of personal days taken during any fiscal year shall not exceed ten (10) in number. The Village reserves the right to schedule personal days off, or pay cash in lieu thereof at the end of the calendar year for any amount accrued beyond five (5) days. ARTICLE VIII unr m e vC Public Works employees shall receive the following holidays: New Year's Day Labor Day Presidents' Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas Day In the event that Christmas Eve (December 24th) falls during a regular work day the Department Director may allow employees to take one-half of the day off provided the employee who is released for the one-half day utilizes other accumulated paid time off or unpaid time for the hours not worked during the day. At no time will all employees be released to be off work. A 9 13 skeleton crew, as determined by the department director, will remain at work to provide a minimum level of service. In the event of a weather emergency event the department director will not be obligated to release any employees during the weather event. This opportunity to be released for one-half day only applies to Christmas Eve. In the event that an employee is called into work after having been released for one-half day the employee would be eligible for overtime pay provided the employee is not paid other compensation. However, an employee may decline overtime pay and not have to utilize any accumulated paid time off. The employee will be paid straight time hours for the period of work after having been released as long as the employee achieves at least eight (8) hours of actual work time before the employee is eligible for overtime pay. In the event that an employee is not scheduled to work on a day on which a holiday falls, the employee shall nevertheless receive eight (8) hours pay for the holiday. Employees shall not receive holiday pay if they were absent from work on an unexcused leave the work day immediately before or after the holiday in question. ARTICLE IX INSURANCE PROGRAM B.Pe,. e!jl�fly 1;2()2i�e i. (3i II &j rf:4)41� ��....... �� i i.. i��i.i i i. i.i.i ���... ��.� �i.�����, -Formatted. Body Text, Indent. First line. 0", Right: 0 ,Line spacing: single i ... �� .. �. iii � �� . �. tit . i � s ui: �i . t!!! ii�. � !J �� e � i ! h pour IIL N4;? � , . ,.,, . ..''. �., ,,,gym ,.* � .�... ,. ��� ��� � m m .m.....,, .� , . � , .. Y „� :."" .�^m Qi � � �.." � � ';iso. ... ;I F I .. � '.. � � ... 9 �° .:: � ...I � � illi ,. .... . � pe Hifi , 1. � gM �.F iit Ith ai�iI If"1! .Po a m 9 :: .... ... M I � I �u iii . � � , 'NI.1, 11 III_ Co (1- �.piol'� al. (m ° .... F'��ii:I I:mg Barg ainin unit .... members shall have no right to re-enter or resume coverage under the Village's group health and dental insurance plans for the duration of this contract. All health and dental insurance claims shall be handled by the Union Fund and all other complaints and grievances shall be handled by 10 14 the Union. During the life of this Agreement, bargaining unit members may continue to participate in the Village's group life insurance plans on the same basis as other Village employees. The Village agrees to pay for each bargaining unit member toward the Union Fund as set forth in this Section as follows: :,:...2020 IN 15 ( )( P 1m6" 1 I�:���,�_ w, m : Ie f l i 1. m�0111),` eO, VIII il'0 p IIi� i:�it �'I °V'w �'_�_'' Ill � m.��.:' � �'�•:�!�' � III, � �;."�. �'� .�":W � �,.�.�.. �"���,�'%,,V�� � m,Y�-�.� �' W �..�.. ��'�T�I�i � �.,�"`�:�"II,IV I�h� �. lw' '� � ���. WWW''.u�u� : " 19 �I �...."I �V...tl.agee W412! .. III � �.o � � � � y 14- III $2050 ......II��... .� :.......��......� ....�:.. , 5. b U,���P I..I,„IIs ., . 11, (:.II IS � � .,, r ... � � ! i : C . � �, e g �� �� � , �, � � �wI � � t, � tlm . �g �'.II I .I,a.. i„�[For , I , dI,;� , t I11 �1 „bse , iI,III�I_.m. (� lil T[m�t11 ,1 `I7C11w 11 CY � matted: Su erscri t p p , 1'),I o Im �, om 4Jlu5,, o ( o )cI Formatted: SuperscriptP New bargaining unit members will be covered on the first day of the first month following Formatted: Body Text, Right: o", Line spacing: single their hire date (e.g., an employee hired on July 4th will begin coverage on August P). Bargaining 12 16 unit members must notify the Village, in writing, of any changes to the bargaining unit member's coverage requirements within 14 days of an event that entitles them to make such changes under the terms of the Union Plan and applicable law. Payment from the Village to the Union Fund is due no later than the l Oth day of each month. Throughout the term of the parties' collective bargaining agreement and for so long as required by law, the Union represents and agree that it will comply with all applicable laws to ensure that the Union Plan offered to bargaining unit employees includes retiree health insurance to covered bargaining unit employees sufficient to satisfy the obligations of both the Village and the Union as required by applicable law, including the Municipal Employees' Continuous Coverage Privilege, 215 ILCS 5/367. The union is solely responsible for the administration of COBRA, HIPPA and other applicable federal and state mandates for the union's insurance plans. In order for the Union to offer coverage under COBRA, HIPPA, or other applicable federal and state mandates, the employee must notify the Union's plan of the applicable change in life status in accordance with the union plan's requirements. Failure by the employee to notify the Union on a timely basis of change of life status changes shall result in the employee being responsible for the payment of the premium's or claims paid for any ineligible participant, and/or in denial of coverage by the insurance provider or plan sponsor. In the event of a change in employment status the Village shall notify the Union of the change and the Village will suspend payment from that date forward that would normally be paid on behalf of the terminated employee. 13 17 ARTICLE X The Village shall grant to each full-time employee up to twelve (12) paid sick days per year. These days shall be earned on the basis of one (1) day per month, so that beginning with January of each year employees on full-time active duty shall be credited with one (1) day sick leave at the end of each month. An individual may accumulate up to ninety (90) days of unused sick leave subject to the limitations herein. Prior to February 1 of each year, the Village shall calculate how many sick days above sixty (60) have been credited to and remain unused by any given employee as of December 31 of the previous year. If, between December 31 of the previous year and January 15 following, the employee shall have notified the Finance Department of the Village in writing on forms provided and shall have indicated thereon the employee's desire to continue to accumulate more than sixty (60) days, such employee shall be allowed to accumulate such additional days above and beyond sixty (60) to a maximum number of ninety (90) days. Prior to May 1 of each Year, the Village shall compensate the employee at the rate of fifty percent (50%) of the time accumulated above and beyond sixty (60) days, or such other number of days provided the Village has been notified of such additional number to be accumulated and not compensated for as set forth hereinabove. In calculating payments for such compensation, the last sick days remaining unused and not to be accumulated shall be the first sick days compensated for at the rate of fifty percent (50%) of such employee's actual rate of earnings at the time any such given sick day was earned. Sick leave reimbursement payment shall be included with the last regular payroll in February. 14 im Employees shall be required to obtain a doctors' note -after being off from work for three (3) ormore consecutive working days. ARTICLE XI BEREAVEMENT The Village agrees to allow any employee three (3) days leave with pay in order to attend the funeral of anyone in the immediate family. The immediate family shall include: Father, mother, brother, sister, spouse, children, father-in-law or mother-in-law, grandparent, grandchild, or individual with whom employee has lived; e.g., foster parent, foster child or relative. This time shall not be chargeable as sick time. ARTICLE XII UNIFORM/SHOE ALLOWANCE The Village is to furnish each regular employee with two (2) pairs of coveralls. Employees will provide maintenance of coveralls. The Village is to provide replacement as needed provided the employee turns in worn out coveralls. Uniforms shall be cotton. The shoe allowance will be provided to all employees of the Public Works Department. The annual shoe allowance reimbursement shall be $180. All shoes must meet the specifications as provided by the Public Works Department. Reimbursement will be made to employees annually upon showing a proper receipt to their supervisor for the purchase of shoes. ARTICLE XIII OVERTIME/CALL OUT/PREMIUM TIME Public Works employees shall be compensated for authorized overtime at the rate of time and one-half (1-1/2) for hours worked in excess of their scheduled day or week., whichever shall be greater. The Employer agrees to distribute overtime as equally as possible amongst those 15 19 employees who usually perform the type of work at issue. The full-time employee working on any job which extends into overtime shall have first claim on the overtime. If the Village identifies a need for one or more divisions within the department to work overtime on a planned, scheduled, basis, said overtime will first be offered to all full-time, bargaining unit employees normally assigned to the division(s). If the manpower requirements established by the Village cannot be satisfied in this manner, said overtime shall then be offered to all full time employees in other divisions. Should the Village be unable to satisfy the manpower requirements in this manner, it shall then be permitted to solicit any and all seasonal and/or part-time employees to work. If the Village determines that, on a scheduled work day, there is a need for a work crew to work beyond the scheduled quitting time, said work shall be assigned to the crew initially assigned the work during normal working hours regardless of whether the crew is comprised of full-time bargaining unit employees, part-time employees, seasonal employees, or a mix thereof. This practice shall be maintained unless the Village estimates that the work will extend more than one and one half (1 1/2) hour beyond the normally scheduled quitting time. In this instance, the Village will first solicit all full-time bargaining unit employees within the division(s) normally assigned the type of work being performed. If the manpower requirements established by the Village cannot be satisfied in this manner, said overtime shall then be offered to all full time employees in other divisions. Should the Village be unable to satisfy the manpower requirements in this manner, it shall then be permitted to solicit any and all seasonal and/or part-time employees to work. If the manpower requirements cannot be satisfied in this manner, then the Village may solicit any and all seasonal and/or part-time employees to work. It is understood that part time and or seasonal employees who are not assigned to a crew with full-time employees shall be permitted to work up 16 20 to one half (1/2) hour past the normal ending time and such time shall be considered de minimus for purposes of this Article=. Employees normally scheduled to work days who are temporarily assigned duties from 12:00 midnight through 7:00 a.m. shall be paid at the rate of one and three-quarter (1-3/4) times their normal hourly rate as a premium pay for such work. Employees who work on the off-duty day granted by the Village in observance of a holiday shall be paid at the holiday rate plus double time for hours worked. Hours worked on Sunday shall be paid at a rate of two (2) times the employee's normal hourly rate. The highest appropriate overtime shall be paid. The employee shall not be permitted to pyramid overtime pay. Employees who are called to return to work during normal non -working hours shall receive a minimum of two (2) hours pay or work at the applicable rate. Employees who are called to come into work within 2 hours of their scheduled start time shall be paid the appropriate overtime rate for hours worked for the additional hours worked as long as such notice was given no less than twelve (12) hours before their normal scheduled start time. ARTICLE XIV MANDATORY REST PERIOD Unless an Employee agrees otherwise, Employees will not be required to work more than sixteen (16) hours in a twenty-four (24) hour period without being allowed an eight (8) hour rest period, unless the Village declares an emergency which requires employees to work past 16 hours in a 24 hour period. It is expressly understood that the safety of the employees and the residents are of paramount importance and such emergency declarations shall only be in true emergencies of unforeseen circumstances. 17 21 ARTICLE XV NO STRIKES - NO LOCKOUTS During the term of this Agreement, the Union, its officers and agents, and the employees agree not to instigate, promote, sponsor, cooperate with, engage in, or condone any strike, slowdown, concerted stoppage of work, or any other intentional interruption in any of the Village's operations. In the event of a strike, slowdown, concerted stoppage of work, or any other intentional interruptions hereinabove mentioned by the employees covered by this Agreement, the Union agrees to: A. Notify all employees immediately in writing that the strike slowdown, concerted work stoppage or other intentional interruption of Village operations is unauthorized and in violation of the Agreement; B. Publicly announce that the strike, slowdown, concerted work stoppage or other intentional interruptions of Village operations is unauthorized and not condoned by the Union; C. Make every reasonable effort possible to induce the employees involved to cease such action; D. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village. ARTICLE XVI GRIEVANCE PROCEDURE/ DISCIPLINARY PROCEDURES A. Discipline The Employer agrees with the tenets of progressive discipline in appropriate (but not all) cases. Disciplinary action will be imposed for just cause. Except in cases of discipline exceeding ten (10) working days, the Village will not consider disciplinary actions greater than two (2) years old if the employee involved has maintained a discipline -free record during the two-year period. 18 22 B. Definition of a Grievance A grievance is a difference of opinion between an employee and the Village with respect to the meaning or application of the express terms of this Agreement, or discipline of non -probationary employees. C. Procedure Recognizing that it is to the benefit of all concerned to raise and settle grievances promptly, a grievance must be raised within five (5) working days of the time the grievant becomes aware of the facts giving rise to the grievance. A grievance shall be processed as follows: 1st Step: Any employee who feels he has been aggrieved shall first discuss his grievance with his supervisor. If the matter is not satisfactorily resolved at this step, the grievant shall be entitled to request that it be advanced to the next step. If the grievance is in writing, the answer shall be in writing. 2nd Step: If the grievance is not resolved, it may be submitted to the 2nd Step, but action must be taken within three (3) working days. If it is not already in writing, it shall be reduced to writing by the grievant and submitted to the Department Director. The Department Director shall answer the grievance within five (5) calendar days of receiving it. 3rd Step: If the grievance is not resolved, the grievant may submit it to the Village Manager within three (3) working days of the decision in Step 2. The Village Manager shall meet as soon as possible with the grievant and shall provide an answer to the grievance in writing within ten (10) calendar days of such meeting. 19 23 4th Step: Arbitration. The Union shall have the sole authority to determine whether a grievance proceeds to arbitration. If the matter is not satisfactorily resolved, the Union may request arbitration. Such request shall be within twenty-one (2 1) calendar days of receiving the answer in Step 3. Arbitration shall be binding. Except for probationary employees, disciplinary cases shall be arbitrable based on just cause. In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Union shall strike one name and the Village shall strike another name; the Union shall strike another name and the Village shall strike one name; and the person whose name remains shall be the "Arbitrator"; provided, that either party, before striking any names, shall have the right to reject one panel of arbitrators. The Arbitrator shall be notified of his selection by a joint letter from the Village and the Union, requesting that he set a time and place for a hearing, subject to the availability of the Village and the Union. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him, and his advisory recommendation shall be based solely upon his interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The cost of the arbitration, including the fee and the expenses of the Arbitrator, shall be divided equally between the Village and the Union. All requests to advance to the next step and all answers shall be in writing beginning with the second step. If the Village's representative at any step notifies the Union of lack of authority to settle a grievance, the Union may proceed to the next step. In the event a grievant has not requested a matter to be advanced within the time limit involved, it shall be considered resolved. In the event an answer is not provided within the time limits established, the grievant 20 24 may request that the matter be advanced to the next step. All of the time limits established may be extended by mutual agreement. In the first step the employee may be accompanied by a Union representative if he desires. From the second step on, the employee shall be entitled to be accompanied by a representative of his choice. All grievances shall be scheduled at mutually convenient times and shall take place in a manner which does not interfere with the Village operations. Neither the grievant nor his representative shall be entitled to any overtime payments for the time spent in processing or investigating a grievance. It is understood that matters subject to the jurisdiction of the Village Manager, such as, but not limited to, promotion outside of the bargaining unit, are not subject to this grievance procedure. ARTICLE XVII RETIRED EMPLOYEES' HEALTH INSURANCE Employees who meet retirement eligibility criteria of the Village, the sick leave accumulated value up to 480 hours will be provided into the employee's Retiree Health Saving Account (RHS) account. Any amount of accumulated sick leave above 480 and less than 720 hours the Village shall contribute 50% of the sick leave value into the employee's RHS account. Retirement eligibility for sick leave conversion at retirement shall be defined as an employee who applies for a pension who has at least 10 years of service to the village and age 60 or 20 years of service who is eligible for a pension. This conversion of the value of the employee's accumulated sick leave at retirement is mandatory. Employees shall have no cash option for conversion of accumulated sick leave uponretirement. 21 25 Employees will participate in the annual RHS contribution program. The participation details and eligibility requirements have yet to be defined. It is understood that the Employer will not incur any additional expenses related to the funding of any RHS account. ARTICLE XVIII JOB CLASSIFICATION AND PROMOTIONS A. Existing job classifications are: 1. Maintenance 2. Mechanic 3. Electrician B. Promotions (movement from a lower job classification with the Village to a higher job classification), where made by the Village, will take into consideration the following criteria: 1. Qualifications of the employee/applicant for the open position; 2. Past performance of employee/applicant with the Village; 3. Length of service with the Village; 4. Other relevant criterion as determined by the Village. ARTICLE XIX FILLING OF VACANCIES The Employer will post a notice of a vacancy in a bargaining unit position for ten (10) working days. For purposes of this section only, a vacancy means either (a) an opening in a job classification on a shift which is not the employee's regularly scheduled shift, a (b) vacancy in a bargaining unit position in the job classification of the mechanic/electrician where a bargaining unit maintenance employee wants to apply to perform the available work, or (c) a lateral where a permanent vacancy exists and it is not a work assignment or temporary vacancy. The Employer will first seek volunteers to fill the vacancy. The most senior employee who volunteers for the vacancy and is presently qualified to perform the work will be selected to fill 22 26 the vacancy. If there is no qualified volunteer, the Employer will fill the vacancy with the least senior employee who is presently qualified to perform the available work assignment and whose assignment to the vacancy will not, in the opinion of the employer, negatively impact other departmental work. Nothing in this Section will prevent or limit the Employer's right to hire an outside candidate where the Employer determines that there is no qualified volunteer to fill the vacancy. ARTICLE XX A. Seniority Defined An employee's seniority shall be the period of the employee's most recent continuous regular employment with the Employer. B. Breaks In Continuous Service An Employee's continuous service record shall be broken by (a) voluntary resignation, (b) discharge for just cause, (c) retirement, (d) failure to return from a leave of absence; and/or (e) being absent for three (3) consecutive days without reporting off. C. Seniority List Once each year, no later than February 1 st, the Employer shall post a seniority list for each Department showing the seniority of each employee. A copy of the seniority list shall be furnished to the Union when it is posted. The seniority list shall be accepted and final thirty (30) days after it is posted, unless protested by the Union or an employee. ARTICLE XXI EMERGENCY UNSCHEDULED OVERTIME An emergency unscheduled overtime call -out list shall be created excluding mechanics and electricians, and employees on such list shall be called on a rotating basis. Employees not available when called for overtime work shall be treated as if they received overtime and 23 27 employees available but not called shall receive priority for subsequent overtime opportunity. Overtime duty is mandatory. Employees excluded from the overtime call -out list shall be eligible for overtime emergency unscheduled work on a rotating basis when resort to the above-mentioned call -out list does not result in enough qualified employees to perform the available work. Disputes concerning application of this Article shall be subject to the grievance procedure of this Agreement. ARTICLE XXII [`I ♦ TT T< 7 The parties agree the Village will maintain a safe workplace as required by law and employees are responsible for conducting themselves in a safe manner and shall comply with all relevant safety requirements. Employees who reasonably and justifiably believe that their safety and health are in danger due to an unsafe working condition, equipment or vehicle, shall immediately inform their supervisor. The supervisor shall have the responsibility to determine what action, if any, should be taken, including whether or not the job assignment should be discontinued. ARTICLE XXIII SICK LEAVE AND VACATION REPORTING Accrued vacation and sick leave shall be reported on employees' pay check stubs. ARTICLE XXIV RESIDENCY REQUIREMENT As a condition of continued employment with the Village, employees shall maintain primary residency and domicile within the following boundaries: A. Randall Road on the west B. Route 176 on the north C. Lake Michigan on the east 24 NQ D. Route 64 on the south to Route 59 to Route 20 to Randall. ARTICLE XXV In the event the Village in its discretion determines a layoff is necessary, such layoff will be from the classification or classifications established in this Agreement selected by the Village and in numbers determined by the Village. Probationary, part-time and seasonal employees shall be laid off first. Thereafter, employees shall be laid off in reverse order of seniority within classification providing the more senior employees in the classification are capable of performing the work remaining for that classification without retraining or recertification. The Village will give at least fifteen (15) days' notice prior to the effective date of the layoff to the Union and the affected employee or employees to be laid off, if practicable. Employees laid off shall have their names placed on a recall list. The names of such laid off employees shall remain on the recall list for a period equal to the employee's seniority or three (3) years, whichever is less. Before a new employee can be hired into a classification where a recall list exists, the Village will recall laid off employees in the inverse order of layoff, so long as the employee is qualified to perform the available work without retraining or recertification. In the event of recall, an employer shall continue seniority and benefits accumulation based on seniority upon return from layoff. Accrued, unused benefits shall be restored provided the benefits were not paid out to the employee at the time of layoff. ARTICLE XXVI If any provision of this Agreement is subsequently declared by the legislature or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes 25 29 or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXVII MISCELLANEOUS A. Tool Allowance. The Village agrees to provide ninety-five dollars ($95) per month to mechanics required as defined by Public Works management to purchase their own tools. B. Emp^ ee Relations Committee. The parties agree that an Employee Relations Committee shall be created with a total of four (4) members; two (2) persons appointed by the Union and two (2) persons appointed from management ranks. Members shall serve for terms of six (6) months and may be reappointed. The Employee Relations Committee shall serve in an advisory capacity to the Director of Public Works concerning matters such as job descriptions, safety, training, need for rules and regulations, accident reviews, improved work methods, productivity and promotional training opportunities. The Employee Relations Committee shall meet at times mutually agreeable to its members. Where meetings are scheduled during work time prior notice to and approval from the Director of Public Works or his designee is required, provided, however, where deemed necessary by a member of the employee relations committee, meetings up to a maximum of two (2) hours per month during work time shall be allowed. C. Regular work hours shall be 7:00 a.m. to 3:30 p.m. for the term of this agreement. D. Commercial Driver's License: If as a condition of employment, the employee must maintain a valid commercial driver's license (CDL), then the Village shall reimburse the employee, upon presentation of a receipt, the cost difference between having to obtain a typical driver's license and a CDL. 26 30 E. Night Mechanics' Differential Pay: Employees assigned to work as Night Mechanics shall be paid one (1) hour of regular pay for every eight (8) hours worked on a normally scheduled work day as differential pay. F. Night Mechanics' Summer Hours: During the period of May 1 through September 301 Night Mechanics working hours on Fridays shall be 9:30 a.m. through 6:00p.m. G. Employees who work as alternates for Nightmen or Pumpmen shall work their normal scheduled shift and then work the normal scheduled Nightman or Pumpman shift (whichever is applicable). Alternates will be selected without the right of refusal from rotating lists established by Management. In the event that an employee is unable to work a given Pumpman or Nightman shift, he or she may arrange to have another qualified employee work the shift instead provided Management approves. One alternate will be selected for each regular Pumpman and/or Nightman off-duty day. ARTICLE XXVIII CERTIFICATION A. Certification Pay - Qualified employees shall receive a Six Hundred Dollar ($600) pro -rata payment as part of the employee's regular payroll check while holding a valid certification listed below (except Pesticide Operator License). The pesticide license payment shall $350. It is expressly agreed that employees who receive a certification payment under this section as of May 11 2007 shall be grandfathered in at the highest rate of certification pay based upon their current certifications. Employees who possess multiple licenses will only be compensated for one certification. 1. Water Operator License (State of Illinois) (Class C or Better) 2. Pesticide Operator License (State of Illinois) 27 31 3. Arborist License (State of Illinois) Certified Mechanic/EVT Certification - All mechanics working on March 1, 1988 shall be deemed qualified to receive certification pay. The Village shall retain a minimum of 2 employees with water licenses, 2 employees with arborist licenses, 4 employees with Certified Mechanic/EVT certifications and 3 employees with pesticide licenses. ARTICLE XXIX ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and concludes collective bargaining on any subject, whether included in this Agreement or not, for the term of this Agreement. ARTICLE XXX TTTT ♦ TTl1wT This Agreement shall be effective upon execution and shall remain in full force and effect through December 31, III . Thereafter, this Agreement shall renew itself automatically from year to year for one year periods, unless either party shall notify the other party not more than one hundred fifty (150) days nor less than one hundred twenty (120) days prior to December 31, , or any subsequent anniversary date, of either party's desire to modify or terminate this Agreement. In the event notice of modification is given, this Agreement shall terminate at such time as either party gives two (2) weeks' notice of termination subsequent to December 31, 2020211,,�,�,;,, FOR THE VILLAGE OF MOUNT PROSPECT FOR THE INTERNATIONAL UNION OPERATING ENGINEERS LOCAL 150 Village President James Sweeney, President/Business Manager 28 32 Village Clerk Date 29 Date 33 Formatted: Centered N11 eelitin ie/E �����eetriei 11 th WOR+111'111"ER, AlE "1 11 ic I I AP111111i I C/E LI, EC" 1111, '1" , R'11111111111' C" 11 ZIA, Pillilli 30 34 &[ep .......... ................... 3 9. 2 !115tclt) 6 .......... .................................. �31 7 "I'll"�,--)" S(ep S 9 8 S (e j,") 3 311.2 4 3 0.0 5 AlE "1 11 ic I I AP111111i I C/E LI, EC" 1111, '1" , R'11111111111' C" 11 ZIA, Pillilli 30 34 31 35 SIII ep 5 Slep.......... .................................. Stet"i) 5 stgp 3 3 64 Step 1 3 2. 1 1 3 0. 7 31 31 35 SIDE LETTER AGREEMENT I "I IF'of""'t wr'4' rg);)�o� i"'I'll IN 11 IN Ift oamaiowi�, �Orwr;%, s"'ot"iful), mor"to lf"`)oH jai"i""c' i,� N�11, rf, s) moor/ax"Id 'm e"', mien �rfl 't Pip; "'am, t, $`1011111 ,f, 04 �fo i/vs 10 1 liox" 16 , li 111 muqgp� ixfo �ifl lit �dl 11o", r))�,g-', f", ��l lh lf�o,;&'ir �)niv rlqr Imc-' ic' at rg , it imirs, jgms. llr,� w"s, io, NO lrtmt- c, m -4:,� �l ot Im"i votfj) mi ✓ ,, /f'00"") "("'If"14" lhod 11, 111 "77/0"1 vl� 11JAH""I'll fu�;'Fnl oh ")ntrl�l, If iv I �10""I), '%ui, % A imnv S f"'Iff ml Ir x pi'lurt!"ife, if"Jul i (m q,Ol �wf fff im! F rc,"""i" ")w yic�m" 1)��* s �4 �f(f) E, �,III ; III J ttoq �fl lfolwr "n so "0 P, lk�000mv),mrj, y m rt pr Ile, oil 11 SII f Tm7rN 'T' "I ot tit �ujlh j�'tfmjJm,41jh 1, 32 36 SIDE LETTER AGREEMENT 2 X"O avou b mf % N , 'I H." lif 91, H a' Q.) g ri) I m "'T 'I i r tmw In N, v,4 "A "I g,:x; ilw* �-1 g ".j Etta 1".x"x I%IN 110. '(1 u� hhrymq,� V� I(rt if ""p o, 10, aus, ilii 1, 1,wrivri" �, n rrt, ul4 Fl, 1�1 "'o)p"i WO Yll 2- F. i'l Ma?'' ics, XXl','l' �o)d`lobmp i d, r'b'd iv,,�a 'v% ftlhri f"if vi �11&, �,�mr �Jnpt, v7's)a be, tinl, iirrr d w CN-;, Ji „iljj� e ;174, vm "lle i( �taabwtrpa 11Sromiim, ','lslj� I r sm II u'(t y" 't"goo 64 t,`,`,jw'vrlj 64 anxil lltz",,m) 11 Kof'iwd , I li 0' I'al � lifidamn". the fgyv�o�mfr ix',)o,�n� foof tln � vuT,4r�� inrn 'tmc'�urnol Uilmoc� FRatr,"�Wlavfl ?,g "g,"t, r wev, �Jalh k VA" 1�clf A'k 4 ��l "'(wn m(, #yq�jY .1";, Twil, mwtiFirlib� i 0 R I I'lSII 33 *Pdl 37 MEMORANDUM OF AGREEMENT I i uam"'�Aiuxxa Il l rs ra c 41 1Al r M. . ..... I 'vf 'i(r" n v,'fc"�wil b vt orl iitm" Id"Joit, p4w;"'tat "'Wlt Sj�I cy v:"�' a g 'oflow"t'vi, t-'111IN17),,� Jaxnlaru�a 1" ;Imdlo$ 11 -tri ' IIS .... . ... .. . . u 't 1h6a r"olf", �')F" trhet lit t, "S"'fic 2 a 3 �Ior"111 u""�"v' `4 14" Set A'/ "Y $14 �m S"Ito t' im 6.� , ,Uw UIJU 'u wopl% t"lov"'irp 'r'2 ",I!, rmevr"'w (twil V"V4,11,4jr,"t Udo oc)) twvni""',Y)"Jit ic'uPAI Y - , ill cq>v"Ic inrod, 11"' The villam"I pe t"s, oo ao� I bill"'Wd" ",,,�,,, ; N"Mmi'll 'mrg'p�rt:�c*tl i'lift Vmllh")� ports') tl'��oot' I„ A trv'�" �?1611 1"'14 t�flvoc" ma"I"wiliall vi nu %lijal"I lb) Ct SINAJI, A31 tv"'Piia'; 111"mm. a"c�:mwtoi, im, o4"Ir tv""o' Iit �J� '/()"PyqQ'v q P'rmg A' pts""J�xvnr 'Perti Ic") dfw"or t("'hc" purchwc of �shcm.11114141' 34 w OF" S)Io� AIp , L Of Apm, . .... . .. . ...... .. . . Hill, . . .. ....... ... .. . . . .......... 2 ip, twl' cl -5r ........ . . . ... . ...... . . . . . . .................. . . . .. ........... .... . ... ....WV .. 34 w MEMORANDUM OF AGREEMENT 2 lhrit ii "8 Merrifif u"m of fitumutioria, I f 0151etsfitflg Nfttu i: L 111. V 11, 1 a, gj '"o 11,, 4 i vr;ly Lxatlll� lff� 011 ('10 I) I' %lillv- id 1:1,1 L six p rc,rcf;r;1T(M Itic mxb o 0 "N'tmir's." 'R pzvk!3 m, siffpa"tary to I coll"U"y illyr A grr I;a mW C'B All, I cl fccillot Joi mmy, 1, 2 0 Ill 6 m,,,;;h 'I'D 611 , 2 Q2 0, "ll""t, t porria Lrxx:,'l_',I ags:,��z iii, oik's itillIll al'i LkItn"'s S,&tian Jk 111, be revised La a8d P 11,11pa I h: t Avisxsar',71 Lull i MAN C."mrmti'm n 1III SWI ,ar"w'n (Na'l ikimwl A uc-iill?rl i3O 11111 S." vim,"ll S5,atrvi6pi., C r"II 1";iiiiInd os (i NNIIIA 8 !�W inxi a I , ; t n 1, 1, 11150', imli''t 1�� or A,11tori'votin. Srcrw i cc), Eudlaxe, if,Asl»ub) extri'l 11 ci, rfillio 1"m 918 uvu�imllltp cas �Ii ol I'll btiw ollpa 1111satco/1"! at 1111h, puix"t-I tilillals, 1"', illp ail L rtli: tmi, to 1111"'All & Can im C�), flIcHij � 7n (7, k al 1.1 fu.rt) ff,, "xJ rep M, ........... . . :! ,c) Ii c i uri Nati"I'All Its.] A, us ci a ion lad, li issfiry CWitn"id"fili'll m"', ifll'I rx"r, atc."nfio,�i 4 "be of''La,,ndocn, e ,A LP)) aa H, c arn pt rwl; It ul"e'dat'd 3.'li p ki;,, 66, 111 pi ""t y t JrI l I In I rer b n caA 1,011 Ill. I vil illll,ilk I OF" MO n77 " FRO Srlvrr^ uT r,,,ix)f I'AA 1 1,50 tiv m is . . .. .......... ..................................................I r) 35 39