HomeMy WebLinkAboutResolution 2026-081Resolution No. 2026-81
RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND
BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), is a duly
organized unit of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 IIlinois Constitution; and
WHEREAS, the Mayor and the City Council (collectively, the "Corporate Authorities")
are committed to ensuring that the City operates in a safe, economical and efficient manner; and
WHEREAS, Section 7 of the Illinois Public Labor Relations Act (5 ILCS 31517) provides
that public employers and the exclusive bargaining representative have the authority and the duty
to bargain collectively; and
WHEREAS, the City and the International Union of Operating Engineers Local 150,
Public Employees Division, (the "Union") have entered into a Collective Bargaining Agreement
("CBA") that establishes wages, hours and other conditions of employment of the employees
covered by this CBA and provides for prompt and equitable resolution of disputes; and
WHEREAS, The City and the Union, in consideration of the mutual promises and
agreements set forth in the CBA, have agreed to these terms of the CBA through April 30, 2030
pending approval and ratification by the Corporate Authorities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Resolution No. 2026-81
Page 1
Section 2. A Collective Bargaining Agreement beN een the International Union of
Operating Engineers, Local 150, Public Employees Division and United City of Yorkville, in the
form attached hereto and made a part hereof, is hereby approved, and the Mayor and City Clerk
are hereby authorized to execute said Agreement.
Section 3. That this Resolution shall be in full force and effect from and alter its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
22" d day of September, A.D. 2026.
ITY CLERK pufi� Clerk !
IN00MMoil 191
AYE
ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE
DAN TRANSIER
CRAIG SOLING
MATT MAREK
RUSTY CORNEILS AYE RUSTY HYETT
APPROVED by me, as Mayor of the United City of Yorkvill
this A —"day of Sf QkMbe r , A.D. 2026.
Attest:
YOR
ck)*�
Y CLERK ply GICk
AYE
AYE
AYE
AYE
County, Illinois
Resolution No. 2026-81
Page 2
COLLECTIVE BARGAINING
AGREEMENT
BETWEEN
THE INTERNATIONAL UNION OF
OPERATING ENGINEERS,
LOCAL 150, PUBLIC EMPLOYEES
DIVISION
AND
UNITED CITY OF YORKVILLE
MAY 1, 2026 THROUGH APRIL 30, 2030
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TABLE OF CONTENTS
PREAMBLE .................................................................................................................................. 4
AGREEMENT .............................................................................................................................. 4
ARTICLE I. RECOGNITION .................................................................................................... 4
ARTICLE II. UNION RIGHTS .................................................................................................. 4
SECTION 2.1: UNION ACTIVITY DURING WORKING HOURS .................... 4
ARTICLE III. UNION DUES/FAIR SHARE CHECKOFF .................................................... 5
SECTION 3.1: DEDUCTIONS ............................................................................... 5
SECTION 3.2: HOLD HARMLESS ....................................................................... 5
ARTICLE IV. HOURS OF WORK AND OVERTIME ........................................................... 6
SECTION 4.1: REGULAR WORKDAY AND WORKWEEK ............................. 6
SECTION 4.2: LUNCH/REST PERIODS .............................................................. 7
SECTION 4.3: MANDATORY REST PERIOD .................................................... 7
SECTION 4.4: MEAL ALLOWANCE ................................................................... 7
SECTION 4.5: OVERTIME COMPENSATION.................................................... 7
SECTION 4.6: OVERTIME DISTRIBUTION ....................................................... 8
SECTION 4.7: SNOW PLAN ................................................................................. 8
SECTION 4.8: CALLBACK ................................................................................... 9
SECTION 4.9: PAGER/PHONE USAGE ............................................................... 9
SECTION 4.10: ON-CALL ASSIGNMENTS ........................................................ 11
SECTION 4.11: COMPENSATORY TIME OFF ................................................... 11
ARTICLE V. SENIORITY ........................................................................................................ 12
SECTION 5.1: SENIORITY DEFINED ............................................................... 12
SECTION 5.2: BREAKS IN CONTINUOUS SERVICE ..................................... 12
SECTION 5.3: SENIORITY LIST ........................................................................ 12
SECTION 5.4: PROBATIONARY EMPLOYEES ............................................... 12
ARTICLE VI. LAYOFF AND RECALL ................................................................................. 12
SECTION 6.1: DEFINITION AND NOTICE....................................................... 12
SECTION 6.2: GENERAL PROCEDURES ......................................................... 12
SECTION 6.3: AGREEMENT TO BARGAIN OVER LAYOFF
ALTERNATIVES......................................................................... 13
SECTION 6.4: RECALL OF LAID-OFF EMPLOYEES ..................................... 13
ARTICLE VII. DISCIPLINARY PROCEDURES ................................................................. 13
SECTION 7.1: EMPLOYEE DISCIPLINE .......................................................... 13
SECTION 7.2: RIGHT TO REPRESENTATION ................................................ 14
ARTICLE VIII. GRIEVANCE PROCEDURE ....................................................................... 14
SECTION 8.1: GRIEVANCE DEFINED ............................................................. 14
SECTION 8.3: GRIEVANCE STEPS ................................................................... 14
SECTION 8.4: GRIEVANCE FORMS ................................................................. 16
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SECTION 8.5: SETTLEMENTS AND TIME LIMITS ........................................ 16
SECTION 8.6: UNION STEWARDS ................................................................... 16
ARTICLE IX. HOLIDAYS........................................................................................................ 16
SECTION 9.1: GENERAL INFORMATION ....................................................... 16
SECTION 9.2: SPECIFIC APPLICATIONS ........................................................ 17
SECTION 9.3: HOLIDAY PAY ........................................................................... 17
SECTION 9.4: FLOATING HOLIDAYS ............................................................. 17
ARTICLE X. VACATION ......................................................................................................... 17
SECTION 10.1: VACATION ACCRUAL/USAGE ............................................... 17
SECTION 10.2: VACATION SCHEDULING ....................................................... 17
SECTION 10.3: VACATION USAGE ................................................................... 18
SECTION 10.4: ACCUMULATED VACATION AT SEPARATION .................. 18
ARTICLE XI. SICK LEAVE .................................................................................................... 18
SECTION 11.1: SICK LEAVE UTILIZATION ..................................................... 18
SECTION 11.2: UNUSED SICK LEAVE .............................................................. 19
SECTION 11.3: PENSION BENEFIT AT RETIREMENT.................................... 19
ARTICLE XII. LEAVES OF ABSENCE ................................................................................. 19
SECTION 12.1: DISABILITY LEAVE .................................................................. 19
SECTION 12.2: DISCRETIONARY LEAVE OF ABSENCE ............................... 20
SECTION 12.3: FUNERAL LEAVE ...................................................................... 20
SECTION 12.4: FAMILY AND MEDICAL LEAVE ............................................ 20
SECTION 12.5: JURY DUTY LEAVE .................................................................. 29
ARTICLE XIII. HEALTH INSURANCE ................................................................................ 29
SECTION 13.1: HEALTH INSURANCE PREMIUMS AND
CONTRIBUTIONS ...................................................................... 29
SECTION 13.3 OPT OUT INCENTIVE ............................................................... 30
ARTICLE XIV. EMPLOYEE TRAINING AND EDUCATION .......................................... 30
SECTION 14.1: TRAINING ................................................................................... 30
SECTION 14.2: COMPENSATION ....................................................................... 30
SECTION 14.3: CDL LICENSE ............................................................................. 30
SECTION 14.4: EDUCATIONAL INCENTIVE.................................................... 30
ARTICLE XV. SAFETY ............................................................................................................ 31
SECTION 15.1: COMPLIANCE WITH LAWS ..................................................... 31
SECTION 15.2: UNSAFE CONDITIONS.............................................................. 31
ARTICLE XVI. LABOR-MANAGEMENT MEETINGS ...................................................... 32
SECTION 16.1: LABOR-MANAGEMENT CONFERENCES ............................. 32
SECTION 16.2: PURPOSE ..................................................................................... 32
ARTICLE XVII. SUBCONTRACTING .................................................................................. 32
SECTION 17.1: NO SUBCONTRACTING ........................................................... 32
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SECTION 17.2: BARGAINING UNIT WORK ..................................................... 32
ARTICLE XVIII. UNIFORMS AND EOUIPMENT .............................................................. 33
SECTION 18.1: UNIFORMS .................................................................................. 33
SECTION 18.2: PRESCRIPTION SAFETY GLASSES ........................................ 33
ARTICLE XIX. PERSONNEL RECORDS ............................................................................. 33
SECTION 19.1: PERSONNEL RECORDS ............................................................ 33
SECTION 19.2: RIGHT OF INSPECTION AND COPIES ................................... 33
SECTION 19.3: REMOVAL OF PERFORMANCE BASED WARNINGS ......... 34
ARTICLE XX. NO STRIKE / NO LOCKOUT ....................................................................... 34
SECTION 20.1: NO STRIKE .................................................................................. 34
SECTION 20.2: NO LOCKOUT ............................................................................. 34
SECTION 20.3: LEGITIMATE PICKET LINE ..................................................... 34
ARTICLE XXI. BARGAINING RIGHTS ............................................................................... 34
SECTION 21.1: UNION RIGHTS .......................................................................... 34
SECTION 21.2: MANAGEMENT RIGHTS .......................................................... 34
ARTICLE XXII. WAGES.......................................................................................................... 35
ARTICLE XXIII. DRUG AND ALCOHOL POLICY ........................................................... 36
ARTICLE XXIV. FILLING OF VACANCIES/PROMOTIONS .......................................... 36
SECTION 24.1: POSTING ...................................................................................... 36
SECTION 24.2: PROMOTIONS............................................................................. 36
ARTICLE XXV. SECONDARY EMPLOYMENT ................................................................. 37
ARTICLE XXVI. SAVINGS CLAUSE .................................................................................... 37
ARTICLE XXVII. MAINTENANCE OF ECONOMIC BENEFITS AND
COMPLETE AGREEMENT CLAUSE ................................................................................... 37
SECTION 27.1: MAINTENANCE OF ECONOMIC BENEFITS CLAUSE ......... 37
SECTION 27.2: COMPLETE AGREEMENT CLAUSE ....................................... 38
ARTICLE XXVIII. RENEWAL ............................................................................................... 38
APPENDIX A WAGE RATES .................................................................................................. 39
APPENDIX B DRUG AND ALCOHOL POLICY ................................................................. 42
APPENDIX C FMLA FORMS .................................................................................................. 55
APPENDIX D SNOW PLAN .................................................................................................... 64
APPENDIX E DUES DEDUCTION FORM ............................................................................ 65
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PREAMBLE
In order to establish harmonious employment relations through a mutual process, to
provide fair and equitable treatment to all employees, to promote the quality and continuance of
public service, to achieve full recognition for the value of employees and the vital and necessary
work they perform, to specify wages, hours, benefits and working conditions, and to provide for
the prompt and equitable resolution of disputes, the parties agree as follows:
AGREEMENT
This Agreement has been made and entered into by and between the United City of
Yorkville, Illinois, (hereinafter referred to as the "Employer") and the International Union of
Operating Engineers, Local 150, Public Employees Division (hereinafter referred to as the
"Union"), on behalf of certain employees described in Article I.
ARTICLE I.
RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining representative in
all matters establishing and pertaining to wages and salaries, hours, working conditions and other
conditions of employment on which it may lawfully bargain collectively for employees within the
following collective bargaining unit, as certified by the Illinois State Labor Relations Board:
**INCLUDED
All full-time and regular part-time employees in the department of Public Works, and the
department of Parks, in the following classifications: Maintenance Worker I, Maintenance Worker
II, and Operator.
**EXCLUDED
All other employees.
ARTICLE II.
UNION RIGHTS
SECTION 2.1: UNION ACTIVITY DURING WORKING HOURS
The City shall provide to the Union, including its agents and employees, reasonable access
to employees in the bargaining unit following advance notice to management. This access shall be
at all times conducted in a manner so as not to impede normal operations. This access includes the
right to meet with one or more employees on the employer’s premises during the workday to
investigate and discuss grievances and workplace-related complaints without charge to pay or
leave time of employees. Representatives of the Union shall have the right to conduct worksite
meetings during lunch and other non-work breaks, and before and after the workday, on the
employer’s premises to discuss collective bargaining negotiations, the administration of collective
bargaining agreements, other matters related to the duties of the exclusive representative, and
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internal matters involving the governance or business of the exclusive representative, without
charge to pay or leave time of the employees.
Within ten (10) calendar days from the date of hire of a bargaining unit employees, the City
shall provide to the Union in an electronic file or other mutually agreed format, the following
information about the new employee: the employee’s name, job, title, worksite location, home
address, work telephone numbers, file with the employer.
The Union shall have the right to meet with newly hired employees, without charge to pay
or leave time of the employee, on the employer’s premises or at a location mutually agreed to by
the employer and the exclusive representative for up to one hour within the first two weeks of
employment in the bargaining unit or at a later date and time if mutually agreed upon by the City
and the Union. UNION BULLETIN BOARD
The Employer shall provide a Union bulletin board at each work location. The board(s)
shall be for the sole and exclusive use of the Union.
ARTICLE III.
UNION DUES/FAIR SHARE CHECKOFF
SECTION 3.1: DEDUCTIONS
The Employer agrees to deduct from the pay of those employees covered by this
Agreement who have signed a voluntary authorization form (attached as Appendix E) any or all
of the following:
(A) Union membership dues, assessments, PAC, or fees; and
(B) Union sponsored credit and other benefit programs.
Requests for any of the above shall be made on a form provided by the Union and shall be
made within the provisions of the State salary and annuity withholding Act and/or any other
applicable State statutes.
Upon receipt of an appropriate written voluntary authorization from an employee, such
authorized deductions shall be made in accordance with the law and shall be remitted to the Union
on a bi-weekly basis at the address designated in writing by the Union. The Union shall advise the
Employer of any increases in dues or other approved deductions in writing at least thirty (30) days
prior to its effective date.
The Union shall certify the current amount of Union deductions.
SECTION 3.2: HOLD HARMLESS
The Union shall hold and save the employer harmless from any and all responsibility and
claims in connection with the collection and disbursement of monies under this Article and
Agreement.
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ARTICLE IV.
HOURS OF WORK AND OVERTIME
SECTION 4.1: REGULAR WORKDAY AND WORKWEEK
(A) The regular workday for bargaining unit employees is eight (8) hours and the
regular workweek is forty (40) hours.
(B) Regular Hours/Shift
1. Except as set forth below, the regular hours for bargaining unit employees
are 7:00 a.m. to 3:30 p.m., Monday through Friday
2. During the Outside Sports Season (April 1 through November 15), the City
may deviate from the regular shift time and may schedule parks bargaining
unit employees to perform ballfield maintenance to begin working as early
as 5:00 am for a normal 8.5-hour shift under normal hourly wages on
Saturdays and Sundays. Hours worked outside of a regularly scheduled shift
on Saturday and Sunday shall be compensated at the appropriate overtime
rate of pay.
3. It is agreed that part-time, temporary, seasonal, and non-bargaining unit
staff may perform field maintenance and brief cleanup activities for the
outdoor season games. This is considered to be brief, de minimum work
assignments.
4. The Employer will post all overtime opportunities for special events four
weeks prior to the event. Employees who work any of the City's special
events will be awarded compensatory time for all hours worked on the event
beyond the employee's regularly scheduled hours at a rate of one and one-
half hour for every hour worked beyond his/her regularly scheduled hours.
This provision shall not be construed as a guarantee that bargaining unit
employees will be assigned to work special events.
5. Employees who are assigned for weekend water checks or who are
unscheduled and called in to maintain the baseball fields may choose to
receive overtime pay at the applicable rate or compensatory time for those
hours.
6. If the weather is forecasted to be ninety (90) degrees or higher during the
summer months, employees may request to work an adjusted regular work
shift of 6:00 a.m. to 2:30 p.m., subject to management approval.
Management will not unreasonably deny the request if a majority of the
employees support the result and provided it is consistent with the business
needs on the day of the scheduled change.
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SECTION 4.2: LUNCH/REST PERIODS
(A) Employees shall be granted two (2) fifteen (15) minute paid breaks, one during the
first half of the workday and one during the second half of the workday. Employees
will be allowed to continue the practice of combining these two breaks at the end
of the day, subject to approval by supervisor. Employees will be allowed to leave
the premises during break times with the approval of the supervisor.
(B) Employees shall be granted a one half hour lunch during the midpoint of each day.
Additionally, where the requirements of the job dictate that employees work
through their lunch period, employees shall be allowed to leave work forty-five
(45) minutes early or shall be compensated at the rate of one half hour of
appropriate overtime.
SECTION 4.3: 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. Should an employee reasonably believe that he can work more than 16 hours in a twenty-
four-hour period, he shall be permitted to do so.
SECTION 4.4: MEAL ALLOWANCE
The practice of providing meals to employees shall be consistent with prior practice and
procedure.
SECTION 4.5: OVERTIME COMPENSATION
The compensation paid employees for overtime work shall be as follows:
1. Except as provided for in this agreement, a bargaining unit employee shall
be paid at one and one-half his/her regular hourly rate of pay when required
to work outside of his/her normal workday or work week, as defined in
Section 1 of this Article.
2. Employees scheduled for water checks on designated holidays shall receive
double time in the form of compensatory time or compensation, per the
employee's discretion.
3. A bargaining unit employee shall be paid at twice his/her regular hourly rate
of pay for all unscheduled hours actually worked on designated holidays
For example, if the employee is called out to at 7:00 pm on Labor Day for
an eight-hour shift, the shift shall be paid for five hours at 2x pay and 3
hours at 1.5x pay. For example, if the employee starts a two-hour shift at
11:30pm the day before Labor Day, the two-hour shift shall be paid by 0.5
hours at 1.5x pay and 1.5 hours at 2x pay.
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4. Time paid for but not worked shall be counted as "time worked" for
purposes of computing overtime compensation.
5. Compensation will not be paid (nor compensatory time taken) more than
once for the same hours under any provision of this Article or Agreement.
SECTION 4.6: OVERTIME DISTRIBUTION
The Employer agrees to distribute overtime as equally as possible in each department
amongst those bargaining unit employees who usually perform the type of work at issue, then
within the bargaining unit. For example, if the Employer cannot staff the overtime assignment with
bargaining unit employees from within the department, the Employer shall next offer the overtime
assignment to bargaining unit employees outside the department. The employee working on any
job which extends into overtime shall have first claim on the overtime. The parties recognize that
they have an obligation to the community to provide services and that this obligation on occasion
may require the working of overtime. To meet that objective, overtime shall be compulsory in
emergency situations. On April 1St and November 1St of each calendar year, any employee not
interested in working overtime may so notify the Employer. This notification does not relieve the
employee from working overtime in emergency situations or in circumstances where the Employer
cannot otherwise staff overtime assignments.
Except as provided in Section 4.1(B)(2), the employment of part-time, temporary, seasonal
or non-bargaining unit personnel shall not work to deprive regular full-time personnel of
opportunities to work overtime. However, the Employer reserves the right to select individuals to
work overtime hours based on the intensity of the situation that causes the overtime, the response
time needed, the quality of work needed, and whether an employee with supervisory authority is
needed on site. If the full-time personnel who would have usually worked the overtime refuses it
or is unavailable, the employer may work part-time or temporary personnel on said overtime
without violating the Agreement.
SECTION 4.7: SNOW PLAN
Each snow event will correspond with a list of preferred employees for call-in. There shall
be an A-list and B-list. The week that contains the first snow event of the season shall be
determined to be an A-list week. During this week, the A-list employees shall be called-in first for
winter road maintenance (snow, ice, sleet). If an A-list employee is not available, then the
employee on the B-list that maintains the same route shall be called in and given the opportunity
to work the snow event. For the next consecutive week (Monday-Sunday), the B-list employees
shall be called-in first for winter road maintenance (snow, ice, sleet). If a B-list employee is not
available, then the employee on the A-list that maintains the same route shall be called in and given
the opportunity to work the snow event. In the event the A-list and B-list route employees are not
available, the supervisor on duty shall call employees back in the order of seniority among those
who volunteer and thereafter in the discretion of the supervisor.
The general rosters for the lists are included as an attachment in Appendix E. This list is
an example of the structure of the rosters, and could change based on scheduled time off, illness,
availability of employees, and other factors.
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SECTION 4.8: CALLBACK
A "callback" is defined as an official assignment of work which is outside of an employee's
regularly scheduled working hours as defined above. Callbacks shall be compensated at the
appropriate overtime rate of pay, as stated above, for all hours worked on callback, with a
guaranteed minimum of two (2) hours at such overtime rate of pay for each callback.
SECTION 4.9: PAGER/PHONE USAGE
This policy is intended to provide guidelines for the proper use of cellular telephones.
Cellular telephones are provided to employees as business needs indicate. An employee who
violates the terms of this policy may be subject to disciplinary action including suspension and/or
termination as stated in section 5 of the employee manual.
Eligibility Criteria
Employees eligible for assignment of City-owned cellular telephones are those designated
by the City Administrator and/or the Chief of Police, including (but not limited to):
1. Employees who are frequently in a vehicle, if the individual must conduct
City business by the telephone while in the field, and it can be shown that
cost savings and customer service efficiently will be realized through the
use of such devices;
2. Employees who have a critical need to maintain accessibility with other
department directors, City management staff and public officials, in order
to insure uninterrupted customer services and/or the integrity of the City;
3. Public safety positions, as determined by the Chief of Police, as necessary
to provide immediate and direct telephone communications with citizens,
outside agencies cooperating in operations, or other resource entities outside
of City government, and to provide for communications which may be
inappropriate for mobile radios;
4. Department Heads and employees who have responsibility for responding
to public safety incidents in the field.
Business Use of Cellular Phones
Where job or business needs demand immediate access to an employee, the City may issue
a City-owned cell phone or allow an employee to elect a cell phone stipend of $45 per month for
business use of their personal phone in accordance with the Cellular Phone Allowance Agreement
(found in Appendix X of the employee manual). The Cellular Phone Allowance Agreement allows
employees to use a single phone for personal and business use through reimbursing the City for
personal use of a phone or by receiving a stipend to use their personal phone for business use.
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Employee Responsibilities
Employees are required to obey all laws governing the operation and use of vehicle in
effect at the time. Violation of any traffic law or rule, regardless of whether a citation is issued or
the disposition of any changes, is grounds for discipline, up to and including termination.
In situations where job responsibilities include regular driving and accepting of business
calls, hands-free equipment will be provided to facilitate the provisions of this policy.
Employees whose job responsibilities do not specifically include driving as an essential
function, but who are permitted a cell phone for business use, are also expected to abide by the
provisions above. Under no circumstances are employees allowed to place themselves at risk to
fulfill business needs.
Employees who are charged with traffic violations resulting from the use of their phone
while driving will be solely responsible for all liabilities that result from such actions.
Employees will be allowed to review the invoices for the cellular phone assigned to them
and be prepared to verify the calls listed on the invoice. Employees will reimburse the City for all
charges determined to be inappropriate by the Department Head, Finance Director or City
Administrator.
Reimbursements shall be made within 30 days of receipt of invoice by the department at
the overage rate of the approved City's vendor.
Employees in possession of company equipment such as cellular phones are expected to
protect the equipment from loss, damage or theft. Failure to maintain a working phone and
appropriate service contract will result in the immediate cancellation of the stipend payment.
The use of camera phones to photograph City employees or information is strictly
prohibited without the express permission of the Department Head. This is necessary to secure
employee privacy, and other business information.
The employee shall release records of cellular phone use in compliance with City and State
regulations and policies. This includes information pertaining to City business that may be subject
to the Freedom of Information Act, as well as cellular phone records in the event of an accident or
injury in which such records may help determine the cause of such accident.
Repairs and Replacements of Equipment
If there is a potential that equipment may be lost or damaged, the employee is responsible
for making reasonable accommodations to protect the equipment. City provided cellular telephone
equipment will be repaired or replaced according to one of the following:
1. Personal cellular telephone equipment with a City reimbursement that
requires repair or replacement due damage as a result of City job related
duties or responsibilities or a situation outside the control of the employee
will be repaired or replaced at the expense of the City (up to a maximum of
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$200.00). The employee must have made a reasonable accommodation to
protect this equipment. City-issued cellular telephone equipment that
requires repair or replacement due to normal wear and tear, damage as a
result of City job related duties or responsibilities or a situation outside the
control of the employee will be repaired or replaced at the expense of the
City.
2. In the event that the loss or damage is determined not to be in the course of
employment or is found to be due to the employee's negligence, no
reimbursement shall be made. Replacement/Repair shall only be provided
after approval by the employee's Department Head and City Administrator.
This will be subject to corrective action as determined by the Department
Head or designee.
Termination
Upon termination, the employee is to return his/her City issued cellular telephone as well
as any accessories to the City. The City issued telephone number is the property of the City and
shall remain under the City's ownership.
Employees who separate from employment with outstanding debts for equipment loss or
unauthorized charges will be considered to have left employment on unsatisfactory terms and may
be subject to legal action for recovery of the loss.
Upon resignation or termination of employment, or at any time upon request, the employee
may be asked to produce the phone for return or inspection. Employees unable to present the phone
in good working condition within the time period requested may be expected to bear the cost of a
replacement.
SECTION 4.10: ON-CALL ASSIGNMENTS
On call assignments shall be consistent with the provisions of this agreement.
SECTION 4.11: COMPENSATORY TIME OFF
In lieu of paid overtime, employees may opt to earn compensatory time off. Compensatory
time shall be granted in such time blocks as are mutually agreed upon between the employee and
the Employer. Compensatory blocks shall be for a minimum of fifteen (15) minute increments.
Compensatory time which is unused and which has been previously awarded at the rate of time
and one-half or double time, shall be compensated at the employee's regular hourly rate of pay.
Employees may not accumulate more than two hundred and forty (240) hours of compensatory
time. Compensatory time off shall be scheduled and approved the same as vacation time. Should
an employee desire, he shall be permitted to cash out a maximum of eighty (80) hours per fiscal
year without further approval by the City.
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ARTICLE V.
SENIORITY
SECTION 5.1: SENIORITY DEFINED
Except for purposes of layoff, an employee's seniority shall be the period of the employee's
most recent continuous regular employment with the Employer, in the bargaining unit.
SECTION 5.2: BREAKS IN CONTINUOUS SERVICE
An Employee's continuous service record shall be broken by voluntary resignation,
discharge for just cause, retirement, failure to return from a leave of absence and being absent for
three (3) consecutive days without reporting off. However, if an employee returns to work in any
capacity after layoffs for the Employer within twelve (12) months, the break in continuous service
shall be removed from his/her record.
SECTION 5.3: SENIORITY LIST
Once each year the Employer shall post a Bargaining Unit seniority list 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.
SECTION 5.4: PROBATIONARY EMPLOYEES
An employee is probationary for the first 12 months of employment. A probationary
employee shall have no seniority, except as otherwise provided for in this Agreement, until he/she
has completed his/her required probationary period. Upon such completion, he/she shall acquire
seniority retroactively from the date of employment. During this period of probation, no grievance
may be filed by or on behalf of such employee regarding discharge or discipline.
ARTICLE VI.
LAYOFF AND RECALL
SECTION 6.1: DEFINITION AND NOTICE
A layoff is defined as a reduction in bargaining unit jobs. The Employer shall give the
Union at least thirty (30) days notice of any layoffs except in emergency situations wherein such
period of notice may be reduced.
SECTION 6.2: GENERAL PROCEDURES
In the event of a layoff, employees shall be laid off in inverse order of seniority as defined
in Article V. However, prior to laying off any bargaining unit employees, all temporary,
probationary, or part-time employees who perform work customarily performed by bargaining unit
employees within the effected divisions shall be laid off or terminated, as the case may be; this
provision shall not apply to foremen of the Parks or Public Works Departments. The City may lay
off employees out of this inverse order of seniority in a position or classification if it determines
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that retention of a less senior employee is necessary to perform the remaining work based on
relative skills and abilities, the need for specific licenses or certifications. A bargaining unit
employee subject to layoff may replace a seasonal employee at the then applicable wage rate and
benefits, if any, paid to seasonal employees. Should a bargaining unit employee choose to replace
a seasonal employee, he/she will retain all recall rights set forth in Section 6.4 below.
SECTION 6.3: AGREEMENT TO BARGAIN OVER LAYOFF ALTERNATIVES
The City and Union agree to negotiate over alternatives to layoffs, after the City has
notified the Union as described in Section 6.1. The City shall have the ultimate authority to decide
whether the alternatives proposed by the Union are accepted in full or in part or rejected.
SECTION 6.4: RECALL OF LAID-OFF EMPLOYEES
The names of laid-off employees shall be placed on a preferential hiring list for thirty-six
(36) months. Said preferential hiring list shall apply only to positions within the department of
public works and the parks division. Employees shall be recalled in seniority order, provided they
possess the requirements of the new position. No part-time or seasonal employees will be hired to
do bargaining unit work during this time without first offering the work to a laid-off employee at
the then applicable wage rate and benefits, if any, paid to seasonal employees. After thirty-six (36)
months on layoff, an employee shall lose his/her seniority.
ARTICLE VII.
DISCIPLINARY PROCEDURES
SECTION 7.1: EMPLOYEE DISCIPLINE
The Employer agrees with the tenets of progressive and corrective discipline and that it
shall be imposed only for just cause. Employees of the United City of Yorkville are expected to
perform satisfactorily their assigned duties. The level of discipline imposed shall match the
severity of the offense committed and in any appropriate circumstance — one or more steps in this
process may be skipped. Disciplinary action may involve any one or more of the following:
(A) Oral warning with documentation of such filed in the employee's personnel file,
with copy sent to Union office.
(B) Written reprimand with copy of such maintained in the employee's personnel file,
with copy sent to Union office.
(C) Suspension without pay with documentation of such maintained in the employee's
personnel file, with copy sent to Union office.
(D) Discharge with documentation of such maintained in the employee's personnel file,
with copy sent to Union office.
Pursuant to actual imposition of written reprimands, suspension without pay, or discharges,
the employee shall be afforded an opportunity to discuss his/her views concerning the conduct
causing such disciplinary action. Such discussion should take place as soon as practicable after the
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Supervisor's action and not be unduly or unreasonably delayed, and the employee shall be informed
clearly and concisely of the basis for such action. Furthermore, upon request of the employee, a
representative of the Union (Steward) shall be allowed to be present and participate in such
discussions.
SECTION 7.2: RIGHT TO REPRESENTATION
Prior to any pre-disciplinary discussions with the employee, the employee shall be
informed of his/her rights to Union representation due to the fact that disciplinary action may be
taken.
ARTICLE VIII.
GRIEVANCE PROCEDURE
SECTION 8.1: GRIEVANCE DEFINED
A grievance is defined as any claim of violation of this Agreement. SECTION 8.2:
SECTION 8.2: PROCESSING OF GRIEVANCE
Grievances shall be processed only by the Union on behalf of an employee or on behalf of
a group of employees or itself setting forth name(s) or group(s) of the employee(s). The Grievant
or one Grievant representing a group of Grievants may be present at any step of the grievance
procedure, and the employee is entitled to Union representation at each and every step of the
grievance procedure. The resolution of a grievance filed on behalf of a group of employees shall
be made applicable to the appropriate employees within that group.
SECTION 8.3: GRIEVANCE STEPS
STEP ONE: DIRECTOR OF PUBLIC WORKS OR THE SUPERINTENDENT
OF PARKS
The Union may submit a written grievance to the Director of Public Works, or the
Superintendent of Parks within ten (10) business days of the event giving rise to the grievance or
within ten (10) business days of when the Union should have reasonably known of the events
giving rise to the grievance. The Director of Public Works, the Superintendent of Parks, or his/her
designee shall schedule a conference within five (5) business days of receipt of the grievance to
attempt to adjust the matter. The Director of Public Works, the Superintendent of Parks, or
designee shall submit a written response within ten (10) business days of the conference. If the
conference is not scheduled, the Director of Public Works, the Superintendent of Parks, or designee
shall respond to the grievance in writing within ten (10) business days of receipt of the grievance.
STEP TWO: CITY ADMINISTRATOR
If the grievance remains unresolved at step one, or if the resolution at step one is not
satisfactory to the Union, the Union may advance the written grievance to the City Administrator
within ten (10) business days of the response in step one or when such response was due. The City
Administrator or his/her designee shall schedule a conference within ten (10) business days of
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receipt of the grievance to attempt to adjust the matter. The City Administrator or designee shall
submit a written response within ten (10) business days of the conference. If the conference is not
scheduled, the City Administrator or designee shall respond to the grievance in writing within ten
(10) business days of receipt of the appeal.
STEP THREE: ARBITRATION
If the grievance remains unresolved at step two, or if the step two response is not
satisfactory to the Union, the Union may refer the grievance to arbitration within fifteen (15)
business days of the step two response or the date the step two response was due. The Union shall
request the American Arbitration Association to submit a panel of seven (7) Arbitrators. The
parties shall alternately strike the names of Arbitrators, taking turns as to the first strike. The person
whose name remains shall be the Arbitrator, provided that either party, before striking any names,
shall have the right to reject one (1) panel of Arbitrators.
Both parties agree to attempt to arrive at a joint stipulation of the facts and issues as outlined
to be submitted to the Arbitrator. Both parties shall have the right to request the Arbitrator to
require the presence of witnesses and/or documents. Each party shall bear the costs of its own
witnesses.
Questions of arbitrability shall be decided by the Arbitrator. The Arbitrator shall make a
preliminary determination on the question of arbitrability. If it is determined that the matter is
arbitrable, the Arbitrator shall then proceed to determine the merits of the dispute. If either party
objects, another panel will be requested and another arbitrator selected.
In the conduct of any arbitration under this Article, the rules and procedure governing the
conduct of arbitration proceedings of the American Arbitration Association shall control, except
where specifically limited by this Article. The Arbitrator shall neither amend, modify, nullify,
ignore, add or subtract from the provisions of this Agreement.
The expenses and fees of the Arbitrator and the cost of the hearing room shall be shared
equally by the parties. Nothing in this Article shall preclude the parties from agreeing to the
appointment of a permanent Arbitrator(s) during the term of this Agreement or to use the expedited
arbitration procedures of the American Arbitration Association.
If either party desires a verbatim record of the proceedings, it may cause such to be made,
providing it pays for the record and makes a copy available without charge to the Arbitrator. If the
other party desires a copy, it shall equally pay for the expense of such.
The Arbitrator shall render his/her decision in writing to the parties within thirty (30)
calendar days following the close of the arbitration hearing or the submission date of briefs,
whichever is later. The Arbitrator shall support his/her findings with a written opinion. The
decision and opinion shall be based solely on and directed to the issue presented. The award shall
clearly direct the parties as to what action(s) must be taken in order to comply with the award.
The decision and award of the arbitration shall be final and binding to the Union,
employee(s) and Employer. Such decision shall be within the scope and terms of this Agreement
but shall not change any of its terms or conditions.
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SECTION 8.4: GRIEVANCE FORMS
The written grievance required under this Article shall be on a form which shall be provided
by the Union. It shall contain a statement of the Grievant's complaint, the section(s) of this
Agreement that have been allegedly violated, the date of the alleged violations and the relief being
sought. The form shall be signed and dated by the Grievant and/or his/her representative. An
improper grievance form, date, section citation or other procedural error shall not be grounds for
denial of the grievance
SECTION 8.5: SETTLEMENTS AND TIME LIMITS
Any grievance not appealed to the next succeeding step in writing and within the
appropriate number of workdays of the Employer's last answer, or the date the Employer's answer
was due, will be considered settled on the basis of the employer's last answer and shall not be
eligible for further appeal, except that the parties may, in any individual case (except discharge
cases), extend this limit by unilateral written notice.
SECTION 8.6: UNION STEWARDS
One (1) duly authorized bargaining unit representatives shall be designated by the Union
in each department as the Steward. One (1) duly authorized bargaining unit representatives shall
be designated by the Union in each department as the Alternate Steward. The Union will provide
written notice to the Employer to identify the Stewards.
ARTICLE IX.
HOLIDAYS
SECTION 9.1: GENERAL INFORMATION
Holidays are the following:
New Year's Day, Martin Luther King Day, President's Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving Christmas Eve Day, Christmas
Day
If the Employer declares any additional dates as observed holidays, such date(s) shall be
considered holiday(s) for all bargaining unit employees. Moreover, on days when other Employer
employees are allowed to go home early with pay, bargaining unit employees who are not given
the time off shall be compensated with pay or receive compensatory time for the equivalent amount
of hours as what was offered to other employees at overtime rate or compensatory time. For
example, if office employees are allowed to leave 2 hours early, bargaining unit members shall be
offered the choice of going home early that day or 2 hours of compensation at overtime rate (i.e.
3 hours), or 2 hours of compensatory time at overtime rate (i.e. 2 hours). For purposes of
interpreting the preceding sentence, "go home early" shall not include telecommuting or working
from home.
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SECTION 9.2: SPECIFIC APPLICATIONS
When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a
holiday falls on a Sunday, it will be observed on the following Monday.
SECTION 9.3: HOLIDAY PAY
All employees shall receive eight (8) hours pay for each holiday. A bargaining unit
employee shall be paid at twice his/her regular hourly rate of pay for all hours actually worked on
designated holidays, with a guaranteed minimum of four (4) hours should an employee be called
out on a holiday. For example, if the employee starts an eight-hour shift at 7:00pm on Labor Day,
the shift shall be paid at five hours at 2x pay and three hours at 1.5x pay. For example, if the
employee starts a three-hour shift at 10:00pm on Labor Day, the employee shall receive four hours
at 2x pay. For example, if the employee starts a two-hour shift at 11:30pm the day before Labor
Day, 0.5 hours shall be paid at 1.5x pay and 1.5 hours shall be paid at 2x pay.
SECTION 9.4: FLOATING HOLIDAYS
All employees shall be entitled to two (2) floating holidays to be used in each calendar
year. Employees will not receive additional compensation for the floating holidays (i.e. no payout
upon termination) and these floating holidays are the only floating holidays that employees are
entitled to. Where practicable, employees shall notify the Employer of his/her intent to use a
personal day within forty-eight (48) hours in advance of the personal day.
ARTICLE X.
VACATION
SECTION 10.1: VACATION ACCRUAL/USAGE
Bargaining unit employees shall be entitled to paid vacation days in accordance with the
following schedule:
Service Time Vacation Available
Six months through one year 40 hours
Beginning of one year through two years 40 hours
Beginning of two years through five years 80 hours (per year)
Beginning of six years through ten years 120 hours (per year)
Beginning of eleven years through fifteen years 160 hours (per year)
Beginning of sixteen years and beyond 200 hours (per year)
SECTION 10.2: VACATION SCHEDULING
Vacations shall be scheduled in advance, subject to approval by the Department head or
his designee. In order to enable an employee to comply with this requirement, an employee may
submit a request to schedule vacation time before such time is actually earned, but in no event
shall an employee utilize vacation allowance before it is earned. Beginning November 30th thru
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December 31St of the previous year, employees may begin scheduling vacations based on seniority
basis in each department. The directors will approve those vacations within seven (7) days.
After January 1st of each year, vacations shall be scheduled on a first come basis. Requests
to schedule 4 days or more of vacation shall be made at least seven (7) calendar days in advance.
Requests to schedule less than 4 days must be made at least three days in advance. Any request for
time off may be approved past the deadlines, at the discretion of the City Administrator or his
designee.
SECTION 10.3: VACATION USAGE
(A) A vacation day shall not be charged should a Holiday fall during an employee's
scheduled vacation period.
(B) New employees shall be eligible for vacation usage as defined within Section 10.1
(C) An employee is permitted to carryover vacation from one year to the next year, but
not beyond forty (40) hours and not beyond one year.
(D) Vacation time may be used in increments of one-half shift or more.
SECTION 10.4: ACCUMULATED VACATION AT SEPARATION
(A) Upon separation, an employee shall be paid for all unused, accrued and pro-rated
vacation time based on the employee's current rate of pay.
(B) In the event of the employee's death, compensation for all unused vacation
allowances shall be paid to his/her beneficiary.
ARTICLE XI.
SICK LEAVE
Sick leave with pay is provided as a benefit in recognition that employees 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. Sick leave as contained herein may be taken by an
employee who is unable to work by reason of a non-duty-related illness, injury or disability.
Employees may use sick leave to care for a child or spouse who is ill. Employees shall accrue sick
leave at the rate of twelve (12) days per year, one day per month. Sick leave will have a maximum
accumulation of 120 days (960 hours).
SECTION 11.1: SICK LEAVE UTILIZATION
Sick leave with pay is provided as a benefit in recognition that employees 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. Sick leave as contained herein may be taken by an
employee who is unable to work by reason of a non-duty-related illness, injury, disability, or
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medical appointment. Employees may also use sick leave to for the illness, injury, or medical
appointment for the employee immediate family. The phrase “immediate family” means the
employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-
law, grandchild, grandparent or stepparent of the employee’s child, spouse, sibling, parent, mother-
in-law, father-in-law, grandchild, grandparent or stepparent care for a child or spouse who is ill.
Employees shall accrue sick leave at the rate of twelve (12) days per year, one day per month. Sick
leave will have a maximum accumulation of 120 days (960 hours).
SECTION 11.2: UNUSED SICK LEAVE
(A) May 15 of each year, an employee who has used less than the sick leave he has
accumulated in the immediately preceding fiscal year (May 1 through April 30)
will be asked if he wishes to sell back the accrued sick leave earned in that fiscal
year at a rate equivalent to fifty (50%) percent of his regular rate of pay for each
sick leave hour sold back. Sick leave hours accumulated in previous fiscal years are
not eligible to be sold back. The number of sick leave hours for which an employee
elects cash compensation shall be deducted from such employee's accumulated sick
leave. Employees electing to sell back their sick leave will be paid for them by June
15.
(B) An employee who has at least twenty (20) years of service who elects normal
retirement shall be paid for unused sick leave at the rate of fifty percent (50%) of
his/her regular daily rate of pay in effect on his last day of active work for the City
for all accrued and unused sick leave accumulated.
For example, an employee retiring with ninety-six (96) hours of accumulated but unused
sick leave hours will be paid the equivalent of forty-eight hours of pay at the employee's regular
daily rate of pay.
SECTION 11.3: PENSION BENEFIT AT RETIREMENT
At retirement, an employee's sick leave days may be credited as days worked for purposes
of pension benefits, pursuant to rules of the Illinois Municipal Retirement Fund. For the purposes
of this section only, employees currently have a maximum accumulation of 120 days (960 hours)
sick time.
ARTICLE XII.
LEAVES OF ABSENCE
SECTION 12.1: DISABILITY LEAVE
In the event of a temporary disability, an employee may apply for disability payment
through the Illinois Municipal Retirement Fund (IMRF).
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SECTION 12.2: DISCRETIONARY LEAVE OF ABSENCE
An employee with at least twelve (12) months seniority may petition the City Administrator
for a special leave of absence. Such leave of absence is without pay or fringe benefits. A leave
may be granted for good cause.
SECTION 12.3: FUNERAL LEAVE
When death occurs in the immediate family of any bargaining unit Employee, said
Employee shall be granted three (3) days off without loss of pay. Additional time needed by the
Employee will be deducted from accumulated sick leave, compensatory time or vacation time, at
the Employee's discretion.
For purposes of this article, "immediate family" shall include the employee's current
spouse, child (natural, step and adopted), parent or stepparent, sibling or step-sibling, mother-in-
law, father-in-law, grandparent or step-grandparent, and grandchildren.
When death occurs in the extended family of any bargaining unit Employee, said Employee
shall be granted one (1) day off without loss of pay. Additional time needed by the Employee will
be deducted from accumulated sick leave, compensatory time or vacation time, at the Employee's
discretion.
For purposes of this article, "extended family" shall include the employee's niece, nephew,
brother-in-law, sister-in-law, aunt, uncle or those who have achieved familial status by living in
the household.
SECTION 12.4: FAMILY AND MEDICAL LEAVE
(A) General Statement
It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12)
weeks of unpaid family and medical leave during a 12-month period to eligible employees in
accordance with the Family and Medical Leave Act of 1993 as amended ("FMLA"). The 12-month
period is measured using a rolling backward year as of the date of the commencement of the FMLA
leave.
(B) Eligibility
In order to qualify to take family and medical leave under this policy, an employee must
have worked for the city for at least twelve (12) months and at least 1,250 hours during the twelve
(12) month period immediately before the date when the leave would begin.
(C) Reasons for Leave
A leave of up to twelve (12) weeks may be requested for any of the following reasons:
1. The birth of a child and to care for the newborn child within one year of
birth;
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2. The placement with the employee of a child for adoption or foster care and
to care for the newly placed child within one year of placement;
3. To care for the employee's spouse, child, or parent who has a serious health
condition;
4. A serious health condition that makes the employee unable to perform the
essential functions of his or her job.
5. Because of any "qualifying exigency" (as defined by the Secretary of Labor)
arising out of the fact that an employee's spouse, child, or parent is deployed
on active duty in a foreign country (or has been notified of an impending
call or order to active duty) in the Armed Forces.
A leave of up to twenty-six (26) weeks may be requested to care for a covered service
member with a serious injury or illness if the eligible employee is the service member's spouse,
son, daughter, parent, or next of kin (military caregiver leave).
Spouses both employed by the City who request Child Care Leave or leave to care for an
ill parent may only take combined aggregate total of twelve (12) weeks during any 12-month
period.
Employees will not be granted an FMLA leave to gain employment or work elsewhere,
including self-employment. Employees who misrepresent facts in order to be granted an FMLA
leave will be subject to immediate termination.
(D) Serious Health Condition
For purposes of this policy, "serious health condition" means an illness, injury, impairment
or physical or mental condition that involves one of the following:
1. Hospital Care. Inpatient care in a hospital, hospice or residential medical
care facility, including any period of incapacity relating to the same
condition;
2. Absence Plus Treatment. A period of incapacity of more than three full
consecutive calendar days (including any subsequent treatment or period of
incapacity relating to the same condition), that also involves either: (1)
treatment two (2) or more times (within 30 days and provided the first visit
takes place within seven (7) days of the first day of incapacity) by a health
care provider, by a nurse or physician's assistant under direct supervision of
a health care provider, or by a provider of health care services under orders
of, or on referral by, a health care provider; or (2) treatment by a health care
provider on at least one occasion which results in a regimen of continuing
treatment under the supervision of the health care provider (first visit to
health care provider must take place within seven (7) days of the first day
of incapacity);
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3. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care;
4. Chronic Conditions Requiring Treatment. A chronic condition which:
requires at least two (2) periodic visits for treatment per year by a health
care provider, or by a nurse or physician's assistant under direct supervision
of a health care provider; which condition continues over an extended
period of time; and may cause episodic rather than a continuing period of
incapacity;
5. Permanent/Long-term Conditions Requiring Supervision. A period of
incapacity which is permanent or long-term due to a condition for which
treatment may be effective. The employee or family member must be under
the continuing supervision of, but need not be receiving active treatment by,
a health care provider;
6. Multiple Treatments (non-chronic conditions). Any period of incapacity
to receive multiple treatment (including any period of recovery therefrom)
by a health care provider or by a provider of health care services under
orders of, or on referral by, a health care provider, either for restorative
surgery after an accident or other injury, or for a condition that would likely
result in a period of incapacity of more than three (3) full consecutive
calendar days in the absence of medical intervention or treatment.
(E) Qualifying Exigency Leave
If you are an eligible employee (as defined above), you are entitled to take up to twelve
(12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a covered
military member is on active duty or called to active-duty status. The leave described in this
paragraph is available during a 12-month rolling period and may be taken on an intermittent or
reduced leave schedule basis. You will be required to provide a copy of the covered military
member's active-duty orders or other documentation issued by the military that indicates that the
military member is on active duty or is called to active-duty status in a foreign country and the
dates of the covered military member's active-duty service. Eligible employees may take all twelve
(12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may
take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for
a serious health condition (as defined above).
With respect to a Qualifying Exigency Leave:
1. A "covered military member" means your spouse, son, daughter, or parent
who is on active duty or called to active-duty status in any foreign country
in any of the Armed Forces, including a member of the National Guard or
Reserves.
2. A "qualifying exigency" includes the following broad categories: (a) short
notice deployment; (b) military events and related activities; (c) childcare
and school activities; (d) prenatal care; (e) financial and legal arrangements;
(f) counseling; (g) rest and recuperation; (h) post deployment activities,
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including reintegration activities, for a period of 90 days following the
termination of active duty status; and, (i) additional categories that are
agreed to by the employer and employee within this phrase.
3. The phrase "son or daughter" is defined as your biological, adopted, or
foster child, stepchild, legal ward, or child for whom you stood in loco
parentis, of any age for qualifying exigency leave, who is on active duty or
called to active-duty status who is of any age. (Note: This definition is
different from other sections of this FMLA policy). If the exigency leave is
to arrange for childcare or school activities of a military member's child, the
military member must be the spouse, son, daughter or parent of the
employee requesting the leave.
4. A "parent" means a biological, adoptive, step or foster father or mother, or
any other individual who stood in loco parentis to you when you were a son
or daughter but it does not include "parents in law".
5. Parental care — eligible employees may take leave to care for a military
member's parent who is incapable of self-care when the care is necessitated
by the military member's covered active duty. Such care may include
arranging for alternative care, providing care on an immediate need basis,
admitting or transferring the parent to a care facility, or attending meetings
with staff at a care facility.
6. Rest and Recuperation — eligible employees may take up to fifteen days to
spend time with a military member on Rest and Recuperation leave, limited
to the actual leave time granted to the military member and supported by
the Rest and Recuperation leave orders or other appropriate documentation
issued by the military setting for the dates of the leave.
(F) Military Caregiver Leave
If you have been employed by the City for at least twelve (12) months and have worked at
least 1,250 hours during the 12-month period preceding the start of the leave, and you work at or
report to a work site which has fifty (50) or more City employees within a 75-mile radius of that
work site, and you are a spouse, child (of any age for military caregiver leave), parent or next of
kin of a Covered Service member, as defined below, you are entitled to a total of twenty six (26)
workweeks of unpaid leave during a single 12-month period to care for the Covered Service
member (including twelve (12) workweeks for any other FMLA qualifying reason). The leave
described in this paragraph shall only be available during a single 12-month period beginning as
of the date the leave commences and ending 12 months after that date (and any unused amounts
are forfeited).
Military Caregiver Leave may be permitted more than once if necessary to care for a
different Covered Service member (or the same Service member with multiple or subsequent
injuries or illnesses) up to a combined total of twenty-six (26) workweeks in a twelve (12) month
period. However, your total available leave time in any single 12-month period generally may not
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exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any
other reason); except as provided under the FMLA regulations. You will be required to timely
submit the completed paperwork provided to you and available from our Human Resources
Department as a condition of receiving approved Military Caregiver Leave; except as provided
under the FMLA regulations. NOTE: the 12-month computation period for this type of leave
differs from the other types of FMLA leave.
With respect to Military Caregiver FMLA Leave:
1. A "Covered Service member" means a member of the Armed Forces,
including a member of the National Guard or Reserves, who (i) is
undergoing medical treatment, recuperation, or therapy, (ii) is otherwise in
outpatient status, or (iii) is otherwise on the temporary disability retired list,
for a serious injury or illness; or is a covered veteran (discharged for other
than "dishonorable" reasons) who was on active duty at some point in the
five (5) year period prior to the date when the medical treatment,
recuperation or therapy for a serious injury or illness and who was a member
of the Armed Forces, National Guard or Reserves at any time during the
period of five (5) years preceding the date on which the veteran undergoes
that medical treatment, recuperation, or therapy, and who was discharged
or released under conditions other than dishonorable).
2. "Outpatient status" means the status of a Covered Service member assigned
to a military medical treatment facility as an outpatient or a unit established
for the purpose of providing command and control of members of the
Armed Forces receiving medical care as outpatients.
3. "Next of kin" means the nearest blood relative of that individual (regardless
of age) other than an employee's spouse, son or daughter. You are required
to provide confirmation of the relationship upon request. The Service
member may designate the blood relative who is considered his/her next of
kin; otherwise, the following order generally will apply: blood relatives
granted custody by law, brother/sister, grandparents, aunts/uncles, and then
first cousins.
4. "Serious injury or illness" for a Current Service Member means an injury or
illness incurred by the Service member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the Service member's
active duty and was aggravated by service in the line of duty) that (i) may
render the Service member medically unfit to perform the duties of the
member's office, grade, rank or rating, or (ii) in the case of a veteran Service
member, that manifests itself before or after the member became a veteran.
5. Any request under the Service member Family Leave provision(s) due to a
serious injury or illness of a Current Service member must be supported by
certification issued by the applicable health care provider or the Department
of Defense. You are required to submit this information on the forms
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provided to you and available from the Assistant City Administrator or on
the Invitational Travel Orders or Authorizations provided to you by the
Department of Defense.
(G) GINA Rights
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from
requesting or requiring genetic information of an individual or family member of the individual,
except as specifically allowed by this law. To comply with this law, the City asks that employees
not provide any genetic information when responding to a request for medical certification
regarding their own serious health conditions under this FMLA Policy. "Genetic information" as
defined by GINA, includes an individual's family medical history, the results of an individual's or
family member's genetic tests, the fact that an individual or an individual's family member sought
or received genetic services, and genetic information of a fetus carried by an individual or an
individual's family member or an embryo lawfully held by an individual or family member
receiving assistive reproductive services.
There is an exemption to GINA's limitation on the disclosure of family medical history
when an employee requests a leave of absence under the FMLA due to a family member's serious
health condition. In such situations, all information necessary to make the medical certification
form complete and sufficient under the FMLA should be provided.
(H) Leave is Unpaid
FMLA leave is generally unpaid leave. If an employee requests FMLA time off, any
accrued paid vacation and personal time must first be substituted and used for unpaid FMLA leave.
If an employee requests Employee Medical Leave, any accrued paid vacation, personal and
applicable sick leave must first be substituted and used for any unpaid FMLA leave. The
substitution of paid leave time for unpaid leave time or use of short-term disability does not extend
the 12-week leave period. Employee otherwise unpaid Medical Leave will also run concurrently
with leave taken under the City's disability leave policy and workers' compensation leave, if taken
for an FMLA qualifying serious health condition.
If an employee takes vacation time/sick leave using salary continuation for a condition that
constitutes or progresses into a serious health condition, the City may designate all or some portion
of such leave as under this policy, to the extent that the paid leave meets the necessary
qualifications.
(I) Notice of Leave
If an employee's need for FMLA leave is foreseeable, the employee must give the City at
least thirty (30) days prior written notice. Failure to provide such notice may be grounds for delay
of leave. Where the need for leave is not foreseeable, the employee is expected to notify the City
as soon as practicable, generally within one to two business days of learning of the employee's
need for leave. A request must be made in writing on the City's forms (Appendix K), available in
personnel.
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You must respond to our questions relative to your leave request so that we can determine
if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA
protections. If you are seeking leave due to an FMLA-qualifying reason for which the City has
previously granted you FMLA-protected leave, you must specifically reference the qualifying
reason or need for FMLA leave at the time of your request to be away from work. It is not sufficient
to simply "call in sick" without providing additional information which would provide the City
with reasonable cause to believe your absence/time away from work may qualify as an FMLA
qualifying event. In all cases in which you are seeking leave under this policy, you shall provide
such notice to the City consistent with the City's established call-in procedures so long as no
unusual circumstances prevent you from doing so. Failure to comply with the call-in procedures
may result in a delay or denial of FMLA protected leave.
You must make an effort to schedule a leave so as not to disrupt business operations.
During the leave, you may be required to report periodically on your status and your intention to
return to work. Any extension of time for your leave of absence must be requested in writing prior
to your scheduled date of return to work, together with written documentation to support the
extension. Your failure to either return to work on the scheduled date of return or to apply in
writing for an extension prior to that date will be considered to be a resignation of employment
effective as of the last date of the approved leave. Employees on leaves for their own serious health
condition must provide fitness-for-duty releases from their health care provider before they will
be permitted to return to work. Your maximum time on a leave of absence, all types combined,
and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month
period, unless you are a spouse, child, parent, or next of kin on leave to care for a Covered Service
member, in which case your leave can last for up to twenty-six (26) workweeks in a single twelve
(12) month period (unless legally required otherwise).
An Employee shall not be granted a leave of absence for the purpose of seeking or taking
employment elsewhere or operating a private business. Unauthorized work while on a leave of
absence will result in disciplinary action, up to and including discharge.
A leave of absence will not affect the continuity of your employment. Your original date
of employment remains the same for seniority purposes. However, you will not accrue any benefits
during the period you are on a leave.
(J) Medical Certification
If an employee is requesting Employee Medical or Family Medical Leave the employee
and the relevant health care provider must supply appropriate medical certification. The City will
supply all employees with medical certification forms. The medical certification must be provided
within fifteen (15) days after it is requested, or as soon as reasonable under the circumstances.
Failure to provide requested medical certification in a timely manner may result in denial of leave
until it is provided. In its discretion and at its own expense, the City may require a second medical
opinion, and if the first and second opinions differ, a third medical opinion. The third opinion will
be provided by a health care provider approved jointly by the employee and the City and will be
binding. The City may also require recertification periodically during a leave, and employees will
be required to present a fitness-for-duty certificate upon return to work following an employee
medical leave.
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(K) Medical and Other Benefits
During an FMLA leave, the City will maintain the employee’s health benefits on the same
conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA
leave, the City will deduct the employee's portion of the health plan premium as a regular payroll
deduction. If the FMLA leave is unpaid, the employee must make arrangements with the City to
pay his/her portion of the premium. Group health care coverage will cease if the employee's
premium payment is more than thirty (30) days late, but the employee will be notified at least
fifteen (15) days before coverage lapses. Additionally, if the employee fails to return from leave,
the City will require repayment of any premium that was paid for maintaining the health coverage
for the employee, unless the employee does not return because of a continuing or recurring serious
health condition of either the employee or a covered member, or because of other circumstances
beyond the employee's control.
Employees are not entitled to other benefits or seniority accrual during the FMLA leave.
Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the
same as if they were actively employed, according to the terms of the applicable plan.
(L) Returning from Leave
Employees who return to work from FMLA within or on the business day following
expiration of the twelve (12) weeks are entitled to return to his or her same position or to an
equivalent position with equal benefits, pay or other terms and conditions of employment. The
City may choose to exempt certain highly compensated ("key") employees from this requirement
and not return them to the same or similar position. Of course, you have no greater right to
reinstatement or to other benefits and conditions of employment than if you had been continuously
employed during the FMLA leave period. In determining whether a position is "equivalent" we
would look at whether the position had substantially similar terms and conditions of employment
and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges
and status.
If your leave was due to your own serious health condition, you will be required to provide
medical certification that you are fit to resume work. Employees failing to provide the Return-to-
Work Medical Certification Form will not be permitted to resume work until it is provided.
(M) Reporting While on Leave
The City may require an employee on FMLA leave to report periodically on the employee's
status and intent to return to work.
(N) Intermittent and Reduced Schedule Leave
FMLA leave because of a serious health condition may be taken intermittently (in separate
blocks of time due to a single covered health condition) or on a reduced work schedule (reducing
the usual number of hours an employee works per work week or workday) if medically necessary.
If FMLA leave is unpaid, the City will reduce the employee's salary based on the amount of time
actually worked. In addition, while the employee is on intermittent or reduced schedule FMLA
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leave, the city may temporarily transfer the employee to an available alternative position that better
accommodates the employee recurring leave and which has equivalent pay and benefits.
(O) Policy Administration
This policy is intended to comply with and will be administered in accordance with the
Family and Medical Leave Act, as amended, and any applicable regulations, definitions and law
there under, as well as any state family or medical leave laws granting additional rights that are
applicable to employees employed in Illinois.
(P) Interrelation of Leaves
Any leave taken pursuant to this policy, other City policies, a collective bargaining
agreement, or law which qualifies as leave under the FMLA or any applicable state family or
medical leave act, will be counted against the employee's available leave under the applicable City
policies, collective bargaining, and/or law, as well as the available leave under the FMLA or
applicable state law, to the extent permitted by such applicable law.
For example, the City complies with the Americans with Disabilities Act ("ADA") and any
other law that allows for reasonable accommodations to disabled employees and employees who
are pregnant or have a pregnancy related disability. The City may approve a reasonable request for
an extension of a leave of absence beyond the amount reflected in the FMLA as a form of a
reasonable accommodation in appropriate cases.
(Q) Anti-Retaliation Provisions
Be assured that no retaliation will be taken or tolerated against any employee who exercises
his/her rights under our FMLA policy. If you feel that you have been the victim of any
discrimination or retaliation under this Policy, you are encouraged to contact the Assistant City
Administrator or designee so that the matter can be promptly investigated and remedied as
appropriate
(R) FMLA Forms
Forms to be used in conjunction with requesting to use FMLA time are attached to this
manual as Appendix D.
(S) Benefits While on Leave
While on FMLA leave, an employee will continue to receive health insurance coverage on
the same basis as if the employee were actively working (and provided employee pays co-premium
amounts). Employees retain the seniority and paid time off benefits that were accrued prior to the
start of the leave (if any are remaining) but the employee will not otherwise accrue seniority or
paid time off benefits while on unpaid FMLA leave. Reinstatement upon completion of an
approved FMLA leave will be handled in accordance with the law.
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SECTION 12.5: JURY DUTY LEAVE
An employee whose service on a jury occurs during hours that the employee would have
been regularly scheduled to work shall receive full pay. Any payment received by the employee
from the court for jury duty shall be given to the City because the employee is receiving full pay
while on jury duty leave. The employee may keep any meal and travel allowances provided by the
Courts for jury duty.
ARTICLE XIII.
HEALTH INSURANCE
SECTION 13.1: HEALTH INSURANCE PREMIUMS AND CONTRIBUTIONS
The City retains the right to change insurance carriers, benefit levels, or to self-insure as it
deems appropriate as long as the City imposes the identical changes on all other City employees
who participate in this group health insurance plan (except employees in protective services
bargaining units eligible for interest arbitration pursuant to Section 14 of the Illinois Public Labor
Relations Act). Effective May 1, 2026 and continuing through April 30, 2030, the employee shall
be required to pay a monthly contribution towards the monthly insurance premium equal to the
following: ten and one-half percent (10.5%) for the premium for single, single plus spouse, or
single plus children under the HMO insurance policy or ten and one-half percent (10.5%) of the
premium for family coverage under HMO insurance policy or plan offered by the City. The
employee shall be required to pay a monthly contribution towards the monthly insurance premium
equal to the following: twelve and one-half percent (12.5%) of the premium for single, single plus
spouse, or single plus children under the PPO insurance policy or twelve and one-half percent
(12.5%) for family coverage under the PPO insurance policy or plan offered by the City, depending
on the employee's coverage election. To secure the 10.5% HMO and 12.5% PPO insurance rates,
employees must obtain an annual physical and provide the City with proof of receiving the
physical. Employees who do not receive an annual physical and submit the proof of the physical
prior to March 31st of each calendar year, shall be required to pay a monthly contribution towards
the monthly insurance premium equal to the following, beginning on May 1st of each calendar
year: twelve percent (12%) for the premium for all HMO plans, and seventeen percent (17%) for
all PPO plans.
Section 13.2 LIFE, DENTAL AND VISION COVERAGE
The City shall continue in effect the current term life ($50,000 for an eligible employee;
$10,000 for spouse; $2,500 for child aged 6 months to 19 years; $1,500 for infant from birth to 6
months), dental and vision coverage's, subject to the terms and conditions of the applicable policy
or plan provided by the City. Increases in the benefits of these plans for non-bargaining unit non-
supervisory employees shall be offered to the bargaining unit employees on the same terms and
conditions as they are offered to non-bargaining unit non-supervisory employees.
The Employer shall provide the same Disability Insurance that it provides to all other non-
bargaining unit employees. The Employer shall provide and maintain all other benefits provided
at the levels and cost during the term of this agreement.
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SECTION 13.3 OPT OUT INCENTIVE
Employees who are able to enroll in an alternate medical health insurance plan (through a
spouse, for example) are eligible to receive a monthly stipend of $100 for single employees and
$150 for families) from the City for choosing to opt-out of the City's health insurance plan. Proof
of enrollment in a non-City insurance plan is required to receive compensation. A registration form
is available in Human Resources.
ARTICLE XIV.
EMPLOYEE TRAINING AND EDUCATION
SECTION 14.1: TRAINING
With the understanding that the management has the discretion to decide when training is
necessary and that such decisions are often influenced by budgetary considerations, all employees,
within divisions and specializations, will be given equal opportunities to train in order to advance
within the City as well as to better serve the public. Unless the employee is expressly directed that
they are approved to pick up a City vehicle for traveling to/from a required training, school or
course, employees will not be compensated for time spent driving to the training, school or course
(and they will receive travel expense reimbursement instead per City policy if using their personal
vehicle).
SECTION 14.2: COMPENSATION
The Employer agrees to compensate all bargaining unit employees at the appropriate rate
of pay for all training, schools, and courses which the Employer requires an employee to attend.
When an employee is required to use his/her own automobile, mileage reimbursement for sites
farther than ten (10) miles one way shall be paid at the rate set by the Illinois State Training Board.
Employees shall be reimbursed for meals at the maximum rate of $50 per day. Meal receipts must
be turned into process reimbursements. In the event that an employee needs to stay overnight at
such training/school session, the Employer will pay the cost of lodging in accordance with the
City's employee manual.
SECTION 14.3: CDL LICENSE
The Employer shall reimburse all bargaining unit employees required to have a the
employee is required to obtain and maintain. The employer shall continue the practice of paying
for employee’s physical as required to maintain their CDL.
SECTION 14.4: EDUCATIONAL INCENTIVE
All requests by an employee for the enrollment to a college degree program or college
coursework which must be job related must be submitted by the Department Head to the City
Administrator for approval. The City recognizes four (4) levels of degree programs described as
follows: (i) high school; (ii) 64 credit hours of college course work; (iii) bachelor's degree; and,
(iv) master's degree. Then all courses related to the program shall be eligible for payment subject
to budget approval. This provision shall be subject to change and does not entitle any employee
the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee
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shall provide a grade or transcript to the Department Head upon the completion of each course.
Any revision or change requested by the employee to the approved program must be submitted to
the Department Head for approval prior to the revision or change.
The City shall pay tuition and fees only for college coursework (not travel or wages), unless
otherwise approved by the Mayor and City Council.
The City may pay all expenses of an elective course. An elective course is one that may
benefit the City by added knowledge but is not directly related to City operations.
The tuition and fees only (no books or materials) of an elective or required course will be
paid through direct billing from the appropriate school or paid as a reimbursement to the employee
pending the completion of a consent form for repayment and pending receipt of the grade
transcript. The employee will sign the payroll deduction form prior to the enrollment of the course
stipulating to the following provisions will apply: if a grade of a C-average or better is attained
upon the completion of the course the class will be considered complete and paid for by the City.
If less than a C-average is attained, the employee will be required to pay back 100% of the tuition
and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off
form or direct payment to the City. If an employee voluntarily leaves the City within two years of
completing a course reimbursed under this policy, a percentage amount of reimbursed expenses
must be repaid to the City according to the following schedule:
0-6 months of completion of course 100%
7-12 months of completion of course 75%
13-18 months of completion of course 50%
19-24 months of completion of course 25%
Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged
at the University of Illinois as is designated at the time of class approval.
ARTICLE XV.
SAFETY
SECTION 15.1: COMPLIANCE WITH LAWS
In order to maintain safe working conditions, the Employer shall comply with all laws
applicable to its operations concerning the safety of employees covered by this Agreement.
SECTION 15.2: UNSAFE CONDITIONS
Employees who reasonably and justifiably believe that their safety and health are in danger
due to an alleged unsafe working condition, equipment or vehicle, 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 assignment should be discontinued.
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ARTICLE XVI.
LABOR-MANAGEMENT MEETINGS
SECTION 16.1: LABOR-MANAGEMENT CONFERENCES
The Union and the Employer mutually agree that in the interest of efficient management
and harmonious employee relations, meetings shall be held between Union and Employer
representatives when appropriate. Such meetings shall be scheduled within one week of either
party submitting an agenda to the other, or at a time mutually agreed upon by the parties, and shall
be limited to:
(A) Discussion of the implementation and general administration of this Agreement;
(B) A sharing of general information of interest to the parties;
(C) The identification of possible health and safety concerns.
A Union representative and/or Union Stewards may attend these meetings. The Employer
may assign appropriate management personnel to attend.
SECTION 16.2: PURPOSE
It is expressly understood and agreed that such meetings shall be exclusive of the grievance
procedure. Such meeting shall be chaired by the Employer representative and there shall be no loss
of wages for attendance by Union Stewards and/or affected bargaining unit employees. Grievances
and arbitrations shall not be discussed at such meetings.
ARTICLE XVII.
SUBCONTRACTING
SECTION 17.1: NO SUBCONTRACTING
There shall be no subcontracting of bargaining unit work that results in a reduction of hours
worked by bargaining unit employees. The employer may subcontract specialty and emergency
work in circumstances where bargaining unit members lack the necessary equipment or skills to
perform the work.
SECTION 17.2: BARGAINING UNIT WORK
Subject to the limitations set forth in Sections 4.1 and 4.6, work historically performed by
bargaining unit members shall continue to be performed by bargaining unit members and shall not
be performed by non-bargaining unit members, including, but not limited to, management or
volunteers. To the extent work has historically been performed by bargaining unit and non-
bargaining unit members, the work may continue to be worked by both in the same manner.
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ARTICLE XVIII.
UNIFORMS AND EOUIPMENT
SECTION 18.1: UNIFORMS
The Employer shall maintain the practice of providing t-shirts, long-sleeved shirts, concrete
boots (5 buckle and 2 buckle), personal protective equipment and rain gear. New hires shall receive
$950 check for purchase of uniforms, winter gear and boots. On May 1st of each year, the City
will provide each bargaining unit employee with $750 check for purposes of purchasing uniforms,
winter gear and boots. Please note that the checks are taxable income. PROTECTIVE
CLOTHING
The Employer shall provide all necessary items of protective clothing and safety gear.
SECTION 18.2: PRESCRIPTION SAFETY GLASSES
Bargaining unit employees who are subject to assignments or situations necessitating
protective eyeglasses shall be reimbursed for purchasing prescription safety glasses as follows:
(A) Reimbursement may be made once every three years;
(B) The Employer shall reimburse fifty percent (50%) of the cost for one (1) pair of
prescription safety glasses.
(C) The Employer further agrees to replace glasses should an employee’s original pair
become damaged/broken on the job.
(D) If the employee voluntarily resigns their employment with the City within 1 month
of purchasing new safety glasses, the employee will be responsible for the cost of
those safety glasses or to return the safety glasses to the employer.
ARTICLE XIX.
PERSONNEL RECORDS
SECTION 19.1: PERSONNEL RECORDS
The personnel record is available during regular business hours for an employee and/or
his/her designee to review Employees should contact the Assistant City Administrator to arrange
a time to review their personnel record.
SECTION 19.2: RIGHT OF INSPECTION AND COPIES
An employee will be granted the right to inspect his/her personnel and/or medical records
during working time no more than two times per year. An employee may obtain a copy of his/her
record upon request to the Assistant City Administrator. Copies shall be provided, at no charge to
the employee, within two (2) business days.
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SECTION 19.3: REMOVAL OF PERFORMANCE BASED WARNINGS
All performance-based warnings shall automatically be removed from an employee’s file
after twelve (12) months from occurrence.
ARTICLE XX.
NO STRIKE / NO LOCKOUT
SECTION 20.1: NO STRIKE
During the term of this Agreement, neither the Union nor any officers, agents or employees
will engage in, induce, call, authorize, support, promote, condone or participate in any strike, work
stoppage, intentional withholding of services, illegal picketing, slow-down, sit-in, or other
unlawful acts or actions having the effect of exhibiting an unlawful refusal to work at any time for
any reason.
SECTION 20.2: NO LOCKOUT
During the term of this Agreement, the Employer shall not lockout any bargaining unit
employees.
SECTION 20.3: LEGITIMATE PICKET LINE
It shall not be a violation of this Agreement and it shall not be cause for discharge or
disciplinary action in the event an employee refuses to enter upon any property involved in a
legitimate labor dispute or refuses to go through or work behind any picket line, including the
picket line of the Union party to this Agreement and including picket lines at the Employer’s place
or places of business. Furthermore, an employee may refuse to cross any picket line when he fears
that bodily harm may be done to him.
ARTICLE XXI.
BARGAINING RIGHTS
SECTION 21.1: UNION RIGHTS
The Union and all bargaining unit members shall maintain all rights protected under law.
This shall include the right to bargain collectively with regard to Employer policy matters directly
affecting wages, hours and terms and conditions of employment.
SECTION 21.2: MANAGEMENT RIGHTS
Subject to the express provisions of the agreement, the Employer retains all its traditional
rights through its City Administrator and his/her agents and designees to manage and direct the
affairs of the Employer in all of their various aspects and to manage and direct employees,
including the following: to determine the mission of the Employer and its various departments; to
determine the number and location of facilities and offices as well as the staffing and equipment
for such offices and facilities; to determine whether and to what extent it will contract or
subcontract for the provision of any services and upon what terms and conditions such contracts
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will be entered into; to plan, direct, control and determine all the operations and services of the
Employer and its various departments; to supervise and direct the working forces; to hire, assign,
transfer and promote employees; to establish the qualifications of employment, and to determine
the number of employees; to schedule and assign work; to establish and or modify performance
standards and objectives from time to time; to assign overtime; to determine the methods, means,
organization and number of personnel by which such operations and services shall be provided or
subcontracted; to reasonably make, alter and enforce various rules, regulations, safety rules, orders
procedures and policies; to evaluate employees; to discipline, suspend, demote and discharge
employees for just cause (including probationary employees without just cause); to alter, change,
modify, substitute or eliminate existing methods, equipment, uniforms or facilities; to lay off
employees when necessary when determined by the Employer; to reasonably establish dress and
appearance standards; to determine and establish, change, combine or abolish positions and job
classifications pursuant to this Agreement; and to determine the duties, responsibilities, and work
assignments of any position or job classification; provided, that the exercise of such management
rights listed above by the Employer shall not conflict with the express provisions of this
Agreement. The Employer expressly reserves the right under this agreement to exercise all
management rights set forth in Section 4 of the Illinois Public Labor Relations Act. In addition,
the Employer may establish all requirements, rules, policies and procedures and orientation for
newly hired employees during their probationary period, so long as such requirements, rules,
policies and procedures and orientation do not conflict with the express provisions of this
Agreement.
ARTICLE XXII.
WAGES
(A) Effective May 1, 2026, the base rate of pay for covered employees will be raised
by five- and one-half percent (5.5%) plus one and one-half percent (1.5%) as an
equitable adjustment--for a total increase of seven percent (7%). These revised
rates are as reflected in Appendix A, and this increase is in lieu of any other type
of step or other wage adjustment.
(B) As used in Section 5(a) of this MOU, the phrase “eligible employees” means the
employee was actively employed on both (i) May 1, 2026, and (ii) the date of
ratification of this MOU by authorized representatives of both Parties.
(C) Effective May 1, 2027, the annual increase in the base rate of pay for covered
employees will be five percent (5%) total increase for this contract year.
(D) Effective May 1, 2028, the annual increase in the base rate of pay for covered
employees will be two- and one-half percent total increase for this contract year.
Provided, however, if the unrepresented employees of the City receive an across-
the-board increase in their base rate beyond 2.5% effective May 1, 2028, the
employees covered by the successor CBA will receive the greater amount too.
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(E) Effective May 1, 2029, the annual increase in the base rate of pay for covered
employees will be two and one-half percent total increase for this contract year.
Provided, however, if the unrepresented employees of the City receive an across-
the-board increase in their base rate beyond 2.5% effective May 1, 2029, the
employees covered by the successor CBA will receive the greater amount too.
A longevity stipend will be made to all full-time employees based on the following schedule. This
stipend is added to the employee's annual salary.
After 6 years, but less than 9 years $ 750
After 9 years, but less than 14 years $1000
After 14 years, but less than 20 years $1250
After 20 years, but less than 25 years $1500
After 25 years $2000
Any questions the Employer has regarding an employee's time sheet shall be brought to the
employee's attention before the Employer issues the paycheck.
ARTICLE XXIII.
DRUG AND ALCOHOL POLICY
All bargaining unit employees required to have a Commercial Driver's License are subject
to drug and alcohol testing under the Department of Transportation Federal Regulations 49 CFR
Part 40 Section 382 as set forth in Appendix C, attached hereto and made a part hereof. Said
regulations are subject to change from time to time.
ARTICLE XXIV.
FILLING OF VACANCIES/PROMOTIONS
SECTION 24.1: POSTING
Whenever the Employer determines there is a vacancy in an existing job classification or
that a new position within the bargaining unit job has been created, a notice of such vacancy shall
be posted on all bulletin boards for ten (10) working days. During this period, employees who wish
to apply for such vacancy, including employees on layoff, may do so.
SECTION 24.2: PROMOTIONS
Nothing in this CBA shall interfere with or limit the Employer's ability to promote an
employee to a higher classification. In the event an employee in the Maintenance Worker I
classification has not been promoted after Step 11, he shall automatically move to the Maintenance
Worker 2 classification upon completion of Step 11 unless Employer notifies them in advance of
the performance or qualification reasons why they will not be promoted. In the event the Employer
notifies the employee of their non-promotion from MWI to MWII, the Employer and Union shall
meet in order to establish a performance improvement plan for said employee, should said
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employee so desire. For Employees promoted from MWI to MWII under this section, the
employee shall be compensated as a Maintenance Worker 2 in the step closest to, but higher than,
his previous Maintenance Worker 1 step. Promotions from Maintenance Worker 1 to Maintenance
Worker 2 to Operator shall be discussed in Labor-Management conferences, where the parties
shall discuss procedures and standards for promotions.
ARTICLE XXV.
SECONDARY EMPLOYMENT
Employees’ primary employment responsibilities are to the City. Secondary employment
will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early,
refusal to travel, or refusal to work emergency callbacks, overtime, or different hours. Employees
may hold secondary employment, including self-employment, provided such employment does
not: 1) interfere with the performance of City duties; 2) present a potential conflict of interest; 3)
result in outside work being performed during an employee's work shift; 4) involve the use of city
equipment or supplies. Employees shall be permitted to engage in secondary employment only
with the prior written approval of their Department Head. If granted permission for secondary
employment an employee's Department Head may revoke the permission where it appears to the
Department Head that such activity conflicts with the standards set forth above. Employees who
engage in secondary employment shall notify their Department Head of the addresses and phone
numbers where they can be contacted, if necessary, for their normal work schedule, of the name
of their supervisor (if applicable), and of the type of work they are (or will be) performing. If
secondary work activity does cause or contribute to job-related problems, the City may rescind its
approval of such employment and, if necessary, normal disciplinary procedures will be followed
to deal with the specific problems.
ARTICLE XXVI.
SAVINGS CLAUSE
If any provision of this Agreement or the application of any such provision should be
rendered or declared invalid by any court action, or by reason of any existing or subsequently
enacted legislation, the remaining parts or portions of this Agreement shall remain in full force
and effect and the subject matter of such invalid provision shall be open to immediate re-
negotiation.
ARTICLE XXVII.
MAINTENANCE OF ECONOMIC BENEFITS AND COMPLETE AGREEMENT
CLAUSE
SECTION 27.1: MAINTENANCE OF ECONOMIC BENEFITS CLAUSE
All direct and substantial economic benefits which are not set forth in this Agreement and
are currently in effect for bargaining unit members shall continue and remain in effect until such
time as the City shall notify the Union of its intention to eliminate or change them. Upon such
notification, and if requested by the Union, the City shall meet and negotiate such change before
it is finally implemented by the City. If the Union becomes aware of such a change and has not
received notification from the City, the Union must notify the City within fourteen (14) days of
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APPENDIX A
WAGE RATES
7.00% 5.00% 2.50% 2.50%
5/1/2026 Proof 5/1/2027 Proof 5/1/2028 Proof 5/1/2029 Proof
Step 1 52,922.59$ 25.4436 56,627.17$ 27.2246 7.00%59,458.53$ 28.5858 5.00%60,944.99$ 29.3005 2.50%62,468.61$ 30.0330 2.50%
Step 2 54,775.40$ 26.3343 58,609.68$ 28.1777 7.00%61,540.16$ 29.5866 5.00%63,078.66$ 30.3263 2.50%64,655.63$ 31.0844 2.50%
Step 3 56,692.84$ 27.2562 60,661.34$ 29.1641 7.00%63,694.41$ 30.6223 5.00%65,286.77$ 31.3879 2.50%66,918.94$ 32.1726 2.50%
Step 4 58,676.16$ 28.2097 62,783.49$ 30.1844 7.00%65,922.66$ 31.6936 5.00%67,570.73$ 32.4859 2.50%69,260.00$ 33.2981 2.50%
Step 5 60,730.23$ 29.1972 64,981.35$ 31.2410 7.00%68,230.42$ 32.8031 5.00%69,936.18$ 33.6232 2.50%71,684.58$ 34.4637 2.50%
Step 6 62,856.26$ 30.2194 67,256.20$ 32.3347 7.00%70,619.01$ 33.9514 5.00%72,384.49$ 34.8002 2.50%74,194.10$ 35.6702 2.50%
Step 7 65,055.46$ 31.2767 69,609.34$ 33.4660 7.00%73,089.81$ 35.1393 5.00%74,917.06$ 36.0178 2.50%76,789.99$ 36.9183 2.50%
Step 8 67,332.74$ 32.3715 72,046.03$ 34.6375 7.00%75,648.33$ 36.3694 5.00%77,539.54$ 37.2786 2.50%79,478.03$ 38.2106 2.50%
Step 9 69,689.31$ 33.5045 74,567.56$ 35.8498 7.00%78,295.94$ 37.6423 5.00%80,253.34$ 38.5833 2.50%82,259.67$ 39.5479 2.50%
Step 10 72,128.81$ 34.6773 77,177.83$ 37.1047 7.00%81,036.72$ 38.9600 5.00%83,062.64$ 39.9340 2.50%85,139.21$ 40.9323 2.50%
Step 11 74,652.48$ 35.8906 79,878.15$ 38.4030 7.00%83,872.06$ 40.3231 5.00%85,968.86$ 41.3312 2.50%88,118.08$ 42.3645 2.50%
7.00% 5.00% 2.50% 2.50%
5/1/2026 Proof 5/1/2027 Proof 5/1/2028 Proof 5/1/2029 Proof
Step 1 58,023.60$ 27.8960 62,085.25$ 29.8487 7.00%65,189.51$ 31.3411 5.00%66,819.25$ 32.1246 2.50%68,489.73$ 32.9278 2.50%
Step 2 60,164.26$ 28.9251 64,375.76$ 30.9499 7.00%67,594.55$ 32.4974 5.00%69,284.41$ 33.3098 2.50%71,016.52$ 34.1426 2.50%
Step 3 62,156.12$ 29.8828 66,507.05$ 31.9745 7.00%69,832.40$ 33.5733 5.00%71,578.21$ 34.4126 2.50%73,367.67$ 35.2729 2.50%
Step 4 64,332.15$ 30.9289 68,835.40$ 33.0939 7.00%72,277.17$ 34.7486 5.00%74,084.10$ 35.6174 2.50%75,936.20$ 36.5078 2.50%
Step 5 66,583.81$ 32.0114 71,244.68$ 34.2523 7.00%74,806.91$ 35.9649 5.00%76,677.08$ 36.8640 2.50%78,594.01$ 37.7856 2.50%
Step 6 68,914.76$ 33.1321 73,738.79$ 35.4513 7.00%77,425.73$ 37.2239 5.00%79,361.37$ 38.1545 2.50%81,345.40$ 39.1084 2.50%
Step 7 71,326.21$ 34.2914 76,319.04$ 36.6918 7.00%80,134.99$ 38.5264 5.00%82,138.36$ 39.4896 2.50%84,191.82$ 40.4768 2.50%
Step 8 73,823.05$ 35.4919 78,990.66$ 37.9763 7.00%82,940.19$ 39.8751 5.00%85,013.69$ 40.8720 2.50%87,139.03$ 41.8938 2.50%
Step 9 76,406.48$ 36.7339 81,754.93$ 39.3053 7.00%85,842.68$ 41.2705 5.00%87,988.75$ 42.3023 2.50%90,188.47$ 43.3598 2.50%
Step 10 79,080.17$ 38.0193 84,615.78$ 40.6807 7.00%88,846.57$ 42.7147 5.00%91,067.73$ 43.7826 2.50%93,344.42$ 44.8771 2.50%
Step 11 81,849.01$ 39.3505 87,578.44$ 42.1050 7.00%91,957.36$ 44.2103 5.00%94,256.29$ 45.3155 2.50%96,612.70$ 46.4484 2.50%
7.00% 5.00% 2.50% 2.50%
5/1/2026 Proof 5/1/2027 Proof 5/1/2028 Proof 5/1/2029 Proof
Step 1 63,762.53$ 30.6551 68,225.91$ 32.8009 7.00%71,637.21$ 34.4410 5.00%73,428.14$ 35.3020 2.50%75,263.84$ 36.1845 2.50%
Step 2 65,994.68$ 31.7282 70,614.31$ 33.9492 7.00%74,145.03$ 35.6466 5.00%75,998.66$ 36.5378 2.50%77,898.63$ 37.4513 2.50%
Step 3 68,302.44$ 32.8377 73,083.61$ 35.1364 7.00%76,737.79$ 36.8932 5.00%78,656.23$ 37.8155 2.50%80,622.64$ 38.7609 2.50%
Step 4 70,695.59$ 33.9883 75,644.28$ 36.3674 7.00%79,426.49$ 38.1858 5.00%81,412.15$ 39.1405 2.50%83,447.45$ 40.1190 2.50%
Step 5 73,169.26$ 35.1775 78,291.11$ 37.6400 7.00%82,205.67$ 39.5220 5.00%84,260.81$ 40.5100 2.50%86,367.33$ 41.5228 2.50%
Step 6 75,729.51$ 36.4084 81,030.58$ 38.9570 7.00%85,082.11$ 40.9049 5.00%87,209.16$ 41.9275 2.50%89,389.39$ 42.9757 2.50%
Step 7 78,380.03$ 37.6827 83,866.63$ 40.3205 7.00%88,059.96$ 42.3365 5.00%90,261.46$ 43.3949 2.50%92,518.00$ 44.4798 2.50%
Step 8 81,123.25$ 39.0016 86,801.88$ 41.7317 7.00%91,141.97$ 43.8183 5.00%93,420.52$ 44.9137 2.50%95,756.03$ 46.0366 2.50%
Step 9 83,961.62$ 40.3662 89,838.93$ 43.1918 7.00%94,330.88$ 45.3514 5.00%96,689.15$ 46.4852 2.50%99,106.38$ 47.6473 2.50%
Step 10 86,902.44$ 41.7800 92,985.61$ 44.7046 7.00%97,634.89$ 46.9399 5.00%100,075.76$ 48.1133 2.50%102,577.65$ 49.3162 2.50%
Step 11 89,944.50$ 43.2425 96,240.62$ 46.2695 7.00%101,052.65$ 48.5830 5.00%103,578.97$ 49.7976 2.50%106,168.44$ 51.0425 2.50%
7.00% 5.00% 2.50% 2.50%
5/1/2026 Proof 5/1/2027 Proof 5/1/2028 Proof 5/1/2029
Step 1 70,896.00$ 34.0846 75,858.72$ 36.4705 7.00%79,651.66$ 38.2941 5.00%81,642.95$ 39.2514 2.50%83,684.02$ 40.2327 2.50%
Step 2 73,377.36$ 35.2776 78,513.78$ 37.7470 7.00%82,439.47$ 39.6344 5.00%84,500.46$ 40.6252 2.50%86,612.97$ 41.6409 2.50%
Step 3 75,945.57$ 36.5123 81,261.76$ 39.0682 7.00%85,324.85$ 41.0216 5.00%87,457.97$ 42.0471 2.50%89,644.42$ 43.0983 2.50%
Step 4 78,603.66$ 37.7902 84,105.92$ 40.4355 7.00%88,311.22$ 42.4573 5.00%90,519.00$ 43.5188 2.50%92,781.98$ 44.6067 2.50%
Step 5 81,354.79$ 39.1129 87,049.63$ 41.8508 7.00%91,402.11$ 43.9433 5.00%93,687.16$ 45.0419 2.50%96,029.34$ 46.1680 2.50%
Step 6 84,202.21$ 40.4818 90,096.36$ 43.3156 7.00%94,601.18$ 45.4813 5.00%96,966.21$ 46.6184 2.50%99,390.37$ 47.7838 2.50%
Step 7 87,149.29$ 41.8987 93,249.74$ 44.8316 7.00%97,912.23$ 47.0732 5.00%100,360.04$ 48.2500 2.50%102,869.04$ 49.4563 2.50%
Step 8 90,199.51$ 43.3651 96,513.48$ 46.4007 7.00%101,339.15$ 48.7207 5.00%103,872.63$ 49.9388 2.50%106,469.45$ 51.1872 2.50%
Step 9 93,356.49$ 44.8829 99,891.44$ 48.0247 7.00%104,886.01$ 50.4260 5.00%107,508.16$ 51.6866 2.50%110,195.86$ 52.9788 2.50%
Step 10 96,623.97$ 46.4538 103,387.65$ 49.7056 7.00%108,557.03$ 52.1909 5.00%111,270.96$ 53.4957 2.50%114,052.73$ 54.8330 2.50%
Step 11 100,005.81$ 48.0797 107,006.22$ 51.4453 7.00%112,356.53$ 54.0176 5.00%115,165.44$ 55.3680 2.50%118,044.58$ 56.7522 2.50%
Hourly Rate
Hourly Rate
End of
Previous
Contract
Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate
End of
Previous
Contract
Hourly Rate Hourly Rate Hourly Rate Hourly Rate
PUBLIC WORKS UNION
Operator
Maintenance
Worker II
Lead Operator
Hourly Rate
Hourly Rate
Maintenance
Worker I
End of
Previous
Contract
End of
Previous
Contract
Hourly Rate Hourly Rate Hourly Rate Hourly Rate
Hourly Rate Hourly Rate Hourly Rate
40
5/1/2025
5.00%
5/1/2026
7.00%
5/1/2027
5.00%
5/1/2028
2.50%
5/1/2029
2.50%
Step 1 $52,922.59 $56,627.17 $59,458.53 $60,944.99 $62,468.61
Step 2 $54,775.40 $58,609.68 $61,540.16 $63,078.66 $64,655.63
Step 3 $56,692.84 $60,661.34 $63,694.41 $65,286.77 $66,918.94
Step 4 $58,676.16 $62,783.49 $65,922.66 $67,570.73 $69,260.00
Step 5 $60,730.23 $64,981.35 $68,230.42 $69,936.18 $71,684.58
Step 6 $62,856.26 $67,256.20 $70,619.01 $72,384.49 $74,194.10
Step 7 $65,055.46 $69,609.34 $73,089.81 $74,917.06 $76,789.99
Step 8 $67,332.74 $72,046.03 $75,648.33 $77,539.54 $79,478.03
Step 9 $69,689.31 $74,567.56 $78,295.94 $80,253.34 $82,259.67
Step 10 $72,128.81 $77,177.83 $ 81,036.72 $83,062.64 $85,139.21
Step 11 $74,652.48 $79,878.15 $83,872.06 $85,968.86 $88,118.08
5/1/2025
5.00%
5/1/2026
7.00%
5/1/2027
5.00%
5/1/2028
2.50%
5/1/2029
2.50%
Step 1 $58,023.60 $62,085.25 $65,189.51 $66,819.25 $68,489.73
Step 2 $60,164.26 $64,375.76 $67,594.55 $69,284.41 $71,016.52
Step 3 $62,156.12 $66,507.05 $69,832.40 $71,578.21 $73,367.67
Step 4 $64,332.15 $68,835.40 $72,277.17 $74,084.10 $75,936.20
Step 5 $66,583.81 $71,244.68 $74,806.91 $76,677.08 $78,594.01
Step 6 $68,914.76 $73,738.79 $77,425.73 $79,361.37 $81,345.40
Step 7 $71,326.21 $76,319.04 $80,134.99 $82,138.36 $84,191.82
Step 8 $73,823.05 $78,990.66 $82,940.19 $85,013.69 $87,139.03
Step 9 $76,406.48 $81,754.93 $85,842.68 87,988.75 $90,188.47
Step 10 $79,080.17 $84,615.78 $88,846.57 $91,067.73 $93,344.42
Step 11 $81,849.01 $87,578.44 $91,957.36 $94,256.29 $96,612.70
5/1/2025
5.00%
5/1/2026
7.00%
5/1/2027
5.00%
5/1/2028
2.50%
5/1/2029
2.50%
Step 1 $63,762.53 $68,225.91 $71,637.21 $73,428.14 $75,263.84
Step 2 $65,994.68 $70,614.31 $74,145.03 $75,998.66 $77,898.63
Step 3 $68,302.44 $73,083.61 $76,737.79 $78,656.23 $80,622.64
Step 4 $70,695.59 $75,644.28 $79,426.49 $81,412.15 $83,447.45
Step 5 $73,169.26 $78,291.11 $82,205.67 $84,260.81 $86,367.33
Step 6 $75,729.51 $81,030.58 $85,082.11 $87,209.16 $89,389.39
Step 7 $78,380.03 $83,866.63 $88,059.96 $90,261.46 $92,518.00
Step 8 $81,123.25 $86,801.88 $91,141.97 $93,420.52 $95,756.03
Step 9 $83,961.62 $89,838.93 $94,330.88 $96,689.15 $99,106.38
Step 10 $86,902.44 $92,985.61 $97,634.89 $100,075.76 102,577.65
Step 11 $89,944.50 $96,240.62 $101,052.65 $103,578.97 $106,168.44
41
5/1/2025
5.00%
5/1/2026
7.00%
5/1/2027
5.00%
5/1/2028
2.50%
5/1/2029
2.50%
Step 1 $70,896.00 $75,858.72 $79,651.66 $81,642.95 $83,684.02
Step 2 $73,377.36 $78,513.78 $82,439.47 $84,500.46 $86,612.97
Step 3 $75,945.57 $81,261.76 $85,324.85 $87,457.97 $89,644.42
Step 4 $78,603.66 $84,105.92 $88,311.22 $90,519.00 $92,781.98
Step 5 $81,354.79 $87,049.63 $91,402.11 $93,687.16 $96,029.34
Step 6 $84,202.21 $90,096.36 $94,601.18 $96,966.21 $99,390.37
Step 7 $87,149.29 $93,249.74 $97,912.23 $100,360.04 $102,869.04
Step 8 $90,199.51 $96,513.48 $101,339.15 $103,872.63 $106,469.45
Step 9 $93,356.49 $99,891.44 $104,886.01 $107,508.16 $110,195.86
Step 10 $96,623.97 $103,387.65 $108,557.03 $111,270.96 $114,052.73
Step 11 $100,005.81 $107,006.22 $112,356.53 $115,165.44 $118,044.58
42
APPENDIX B
DRUG AND ALCOHOL POLICY
I. PROHIBITIONS
(A) Prohibited Alcohol-Related Conduct
An employee shall not engage in any form of the alcohol-related conduct listed below:
1. Using or being under the influence of alcohol on the job, while on duty or
while operating a commercial motor vehicle.
2. Being in possession of alcohol while on duty or operating a commercial
motor vehicle.
3. Having a prohibited breath alcohol concentration while on duty.
4. Having used alcohol during the four (4) hours before reporting for duty
and/or at any time while on duty.
5. Using alcohol within eight (8) hours following an accident requiring a
breath-alcohol test, or until after completion of required testing.
6. Refusing to promptly submit to a required alcohol test.
(B) Prohibited Drug-Related Conduct
An employee shall not engage in any of the following activities:
1. Using any of the following controlled substances, including use or misuse
of a substance prescribed to the employee for medicinal purposes under a
doctor's care, unless a physician has advised the employee that it will not
interfere with the employee's ability to perform his essential job functions
safely (with or without a reasonable accommodation if medically
necessary):
(a) Marijuana (THC metabolite)
(b) Cocaine
(c) Opiates (morphine and codeine)
(d) Phencyclidine (PCP)
(e) Amphetamines
(f) Methamphetamines
(g) MDMA Ecstasy
43
(h) 6-Acetylmorphine-Heroin
2. Being in possession of any unauthorized controlled substance.
3. Reporting for duty or being on duty while impaired from any prescribed
therapeutic drug or controlled substance usage.
4. Refusing to submit to a required controlled substances test.
(C) Reporting Requirements for Prescribed Controlled Substances
1. Any employee who takes prescribed medication and whose duties include
operating a commercial motor vehicle for the Employer must inquire of and
provide written documentation to his supervisor (upon request) from his/her
treating physician to indicate whether the controlled substance would
adversely affect or interfere with his/her ability to operate a commercial
motor vehicle.
2. If the medication in use will or could reasonably be expected to adversely
affect or limit the employee's ability to safely perform his job functions, the
parties agree to engage in an interactive discussion to determine if a
reasonable accommodation can be provided to remove the safety risk
involved so that the employee may continue to work. If no reasonable
accommodation is immediately identified and available, the employee may
not report to work or may not remain on duty. Employees eligible for sick
leave may take such period of absence as paid sick leave.
II. CATEGORIES OF TESTING
(A) Post-Accident Testing
1. Conducted when a bargaining unit employee was involved in an accident in
any vehicle used or operated for work purposes, and:
(a) The accident involved the loss of life; or
(b) The employee was issued a citation for a moving traffic
violation arising from an accident that included:
(1) Injury requiring medical attention away from
the scene; or
(2) One or more vehicles incur disabling damage
so that it cannot be driven from the scene.
(c) The driver must remain available for testing until the
specified timeframes have passed as referenced below.
44
2. Post-Accident Alcohol Testing
(a) a. Whenever possible, post-accident alcohol testing
shall be conducted within two (2) hours of the accident and
must be completed within 8 hours.
(b) If testing is not administered within two (2) hours of the
accident, the Employer must prepare and maintain a record
stating the reason the test was not promptly administered.
(c) If testing is not administered within eight (8) hours of the
accident, the Employer shall cease attempts to administer an
alcohol test and document the reasons for same.
(d) An employee required to be tested under this section is
prohibited from consuming any alcohol for at least eight (8)
hours following the accident or until after the breath alcohol
test.
3. Post-Accident Drug Testing
(a) Post-accident drug testing must be conducted within thirty-
two (32) hours after the accident. If testing is not
administered within thirty-two (32) hours of the accident, the
Employer shall cease attempts to administer a drug test.
(b) If testing is not administered within thirty-two (32) hours of
the accident, the Employer must prepare and maintain a
record stating the reason the test was not promptly
administered.
(B) Random Testing
Conducted throughout the year on a random, unannounced basis according to the
legal requirements that apply including the following guidelines:
1. Restricted Period
(a) Bargaining unit employees required to have a Commercial
Driver's License (CDL) are subject to unannounced random
drug testing during all periods on duty and are subject to
unannounced random alcohol testing while the driver is
performing safety-sensitive functions, just before the driver
is to perform safety-sensitive functions, or just after the
employee has ceased performing such functions.
45
(b) The Employer will not require employees to come in for a
call-out assignment for the sole purpose of random testing,
unless required by law.
2. Frequency
(a) The Employer shall conduct random drug testing on at least
fifty percent (50%) of the average number of bargaining unit
employees required to have a CDL as of January 1 prior to
the date of the requested test. The minimum annual
percentage rate in succeeding years shall be determined by
the rate set by the FHWA Administrator, as published in the
Federal Register (pursuant to 49 CFR Part 382 (Sec.
382.305)).
(b) The Employer shall conduct random alcohol testing on at
least ten percent (10%) of the average number of bargaining
unit employees at the start of each calendar year. The
minimum annual percentage rate in succeeding years shall
be determined by the rate set by the FHWA Administrator,
as published in the Federal Register (pursuant to 49 CFR Part
382 (Sec. 382.305)).
3. Selection
(a) The procedure used to determine which employees are
subject to random drug or alcohol testing in a given year
shall ensure that each bargaining unit employee who is
required to have a CDL has a relatively equal chance of
being selected.
(b) Should disputes arise regarding the random selection
process, the Assistant City Administrator or designee for
administering the drug and alcohol policy for the Employer
shall meet with a representative of Local 150 (not a
bargaining unit member) and explain the methodology used.
(C) Reasonable Suspicion Testing
Conducted when a trained supervisor observes behavior or appearance that is characteristic
of an individual who is currently under the influence of or impaired by alcohol, impaired by drugs,
or a combination of alcohol and drugs, according to the following guidelines:
1. A supervisor's determination that reasonable suspicion exists shall be based
on specific, contemporaneous, articulable observations concerning factors
such as: the appearance, behavior, speech or body odors of the employee;
46
2. The Department Head or a second trained department supervisor (if
someone is reasonably available) must confirm the reasonable suspicion
determination;
3. The employee is entitled to Union representation before being questioned
in connection with a reasonable suspicion determination, if so requested but
this will not delay the employee’s obligation to submit to a test when
requested.
4. The supervisor(s) must complete and submit a Reasonable Cause
Observation Form for any drug tests within twenty-four (24) hours of the
time the employee submitted to the test.
5. A "trained supervisor" is one who has received at least two (2) hours of
training in the signs of alcohol and drug use, including at least sixty (60)
minutes of training on drug use and at least sixty (60) minutes of training
on alcohol use.
(D) Return to Duty Testing
1. After engaging in prohibited alcohol conduct, an employee may not return
to duty requiring the performance of a safety sensitive function until s/he
takes a return to duty breath alcohol test with a result indicating an alcohol
concentration of less than 0.02.
2. After engaging in prohibited controlled substances conduct, an employee
may not return to duty requiring the performance of a safety sensitive
function until s/he takes a return to duty urine drug test with a verified
negative result for controlled substances use.
(E) Follow-Up Testing
1. Upon returning, the employee is subject to at least six (6) unannounced
follow-up tests during the first twelve (12) months after s/he returns to duty
requiring a CDL.
2. If a Substance Abuse Professional selected by the Employer (defined
below) determines that follow-up testing is no longer necessary, it may be
terminated after the first six (6) follow-up tests.
3. Substance Abuse Professional
The Substance Abuse Professional shall be a licensed physician (medical doctor or doctor
of osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor with knowledge of and clinical experience in the diagnosis
and treatment of alcohol and controlled substances-related disorders.
47
III. TESTING PROCEDURES
(A) Drug Testing Procedures
The collector/collection process, drugs tested, including testing levels and DHHS
laboratory analysis, and the Medical Review Officer process will conform in a manner
promulgated under Department of Transportation Rule 49 CFR Part 40, including revisions
thereto, in all aspects.
1. Collection Site/Collector
The Certified Collector must follow the procedures as outline in 49CFR Part 40, including
revisions thereto. These procedures are very specific and include, but are not limited to, the
following:
(a) Once a drug test is announced, an employee shall go directly
to the collection site.
(b) Upon arrival, the employee shall verify his identity.
(c) Before testing, an employee shall be shown a sealed
container, which shall be unwrapped in front of him/her.
(d) An employee shall be afforded a private area to provide a
urine specimen. This area shall be equipped with a toilet and
shall be secured to prevent adulteration or dilution of the
specimen.
(e) Once an employee has provided a urine sample in the
collection container, s/he shall hand it to the collection
person. The collection person, in the presence of the
employee, shall then pour the urine into two (2) specimen
bottles. At least thirty (30) milliliters must be poured into
the primary specimen bottle, and fifteen (15) milliliters into
the split specimen bottle.
(f) If an employee of the testing facility believes that an
employee is attempting to obstruct the collection process or
has submitted an altered, adulterated or substitute specimen,
a second specimen will be collected under direct
observation. Both specimens will be sent to the laboratory
for analysis and the testing facility will notify the designated
employer representative.
2. Medical Review Officer (MRO)
The Medical Review Officer is a licensed physician that has been certified as an MRO by
the Department of Health and Human Services. The MRO is responsible for receiving and
48
reviewing laboratory results generated by an employer’s drug testing program. The MRO will
conduct a final review of all positive test results to assess a possible alternative medical explanation
for the results. (For an in-depth explanation of the Medical Review Officer and the Verification
Process, please refer to Department of Transportation 49 CFR Subpart G Part 20.121.)
3. Laboratory Analysis
(a) Analysis of the urine specimen shall be performed at a
laboratory certified and monitored by the Department of
Health and Human Services (DHHS).
(b) When directed in writing by the MRO that an employee has
requested analysis of the split specimen, the laboratory shall
forward the split specimen to another DHHS-certified
laboratory for testing.
4. Primary Specimen Test Results
(a) Negative Test Results
Once the MRO has reviewed the laboratory results and determines the primary specimen
to be negative, the negative result will be promptly reported to the designated employer
representative.
(b) Positive Test Results
1. Drug test results reported positive by the laboratory shall
not be deemed positive or disseminated to the Employer
until they are reviewed by the MRO.
2. If the result of the test of the primary specimen is positive,
the MRO shall contact the employee and give the employee
an opportunity to establish an alternative medical
explanation for the positive test result (if one exists).
(c) If the MRO determines that the positive result was caused by
the legitimate medical use of the prohibited drug, or that the
positive result was otherwise in error, the MRO shall report
the drug test result as negative.
(d) If the MRO determines that there is no alternative medical
or other explanation for the positive test result, the MRO
shall inform the employee that s/he has seventy-two (72)
hours in which to request a confirmation test of the split
specimen and inform the Employer that the driver should be
removed from service.
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3. The employee shall remain out of service pending the
result of the split sample analysis.
5. Confirmation/Split Specimen Test
(a) If, within seventy-two (72) hours of notification of the
positive result by the MRO, the employee requests that the
split specimen test be conducted, the MRO shall make
written notice to the primary specimen laboratory to forward
the split sample to a second laboratory.
(b) If the employee has not contacted the MRO within seventy-
two (72) hours, the employee may present to the MRO
information documenting that serious illness, injury,
inability to contact the MRO, lack of actual notice of the
positive test result, or other unavoidable circumstances
prevented the employee from timely contacting the MRO. If
the MRO concludes that there is a legitimate explanation for
the employee's failure to contact the MRO within seventy-
two (72) hours, the MRO shall direct that analysis of the split
specimen be performed and the MRO will notify the
Employer of the basis of this conclusion.
(c) Waived or Positive Confirmation Test
1) If the employee waives his/her right to a
confirmation/split specimen test, or if the confirmation/split
specimen test is positive, the MRO shall report a verified
positive test to the Employer.
2) Upon receiving the results of the positive test, the
Employer shall promptly notify the employee and provide
the employee the opportunity to request full information
concerning the test results.
6. Inability to Provide Adequate Sample
(a) Employees who are unable to provide a urine sample of
forty-five milliliters shall be offered 40 oz. of water and
allowed up to 3 hours before being required to provide
another urine specimen. The employee may not leave the
collection facility. The above “shy bladder” procedures
conform with DOT regulations 49 CFR Part 40.
(b) If the employee is still unable to provide an adequate sample,
testing shall be discontinued and the MRO shall refer the
employee for a medical evaluation to develop pertinent
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information concerning whether the individual's inability to
provide a specimen is genuine.
1) The employee shall be placed out of service until this
determination is made.
2) If there is no verification that inability to provide an
adequate sample was genuine, the employee will be deemed
to have refused to test.
(B) Alcohol Testing Procedures
1. Screening Test
(a) All breath alcohol testing shall be conducted through use of
an Evidential Breath Testing (EBT) device, in accordance
with FHA rules and requirements promulgated under the
Department of Transportation 49 CFR Part 40.51.
(b) Only a certified Breath Alcohol Technician (BAT), trained
in accordance with the requirements promulgated under the
Department of Transportation 49 CFR Part 40.51, shall
conduct testing with an EBT. Supervisors of bargaining unit
employees shall not serve as BATs under any circumstances.
(c) Testing Site
1) Testing locations shall ensure visual and aural
privacy to employees, sufficient to prevent unauthorized
persons from seeing or hearing test results.
2) Before testing begins, the BAT shall explain the
testing procedure to the employee and answer any questions
s/he may have.
3) An individually sealed mouthpiece shall be opened
in view of the employee. The mouthpiece shall then be
attached to the EBT.
4) Once testing is complete, the BAT shall show the
results to the employee.
(d) Screening Test
1) If the result of the screening test is less than 0.02
percent alcohol concentration, the result is negative and no
further testing shall be done.
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2) If the result of the screening test is an alcohol
concentration of 0.02 percent or greater, a confirmation test
shall be performed.
2. Confirmation Test
(a) When required, the confirmation test shall be performed not
less than fifteen (15) minutes nor greater than twenty (20)
minutes after completion of the screening test.
(b) Employees with a breath alcohol concentration between 0.02
and 0.04 may not perform or continue to perform safety-
sensitive functions until the start of the employee's next
regularly scheduled duty period, not less than twenty-four
(24) hours following administration of the test.
(c) If the result of the confirmation test is 0.04 percent alcohol
concentration or greater, the result is positive.
3. Inability to Provide an Adequate Amount of Breath
(a) If an employee is unable to provide an adequate amount of
breath, the Employer may direct the employee to see a
licensed physician.
(b) The employee may not perform safety sensitive functions
until s/he is evaluated, provided the evaluation takes place
within two (2) hours.
(c) The physician shall examine the employee to determine
whether the employee's inability could have been caused by
a medical condition and/or whether a reasonable
accommodation is available to assist the employee in the
process.
(d) If the physician determines, in his or her reasonable medical
judgment, that a medical condition has, or with a high degree
of probability, could have precluded the employee from
providing an adequate amount of breath, the employee shall
not be deemed to have refused to take the test.
(e) If the physician is unable to make this determination, the
employee shall be deemed to have refused to take the test.
(f) The Employer shall pay any medical fees assessed for the
examination.
IV. CONSEQUENCES OF POSITIVE TEST RESULTS
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(A) Confirmed Breath Alcohol Test Result Between 0.02 and 0.04
An employee with a breath alcohol concentration result between 0.02 and 0.04 shall be
removed from duty without pay for twenty-four (24) hours or a retest below 0.02.
(B) Confirmed Breath Alcohol Test Result of 0.04 or More or Other Prohibited Alcohol
Conduct
1. An employee with a breath alcohol concentration result of 0.04 or more, or
who has otherwise violated the alcohol conduct rules set forth above, shall
be immediately removed from duty.
2. The employee cannot resume the performance of safety sensitive functions
until s/he:
(a) Is evaluated by a Substance Abuse Professional (SAP); and
(b) Complies with and completes any treatment program
recommended by the SAP; and
(c) Completes the return to duty testing requirements set forth
above with a breath alcohol content of less than 0.02.
(C) Confirmed Positive Urine Drug Test
1. An employee who tests positive for any of the prohibited controlled
substances, or who has otherwise violated the substance abuse rules set forth
above, shall be immediately removed from duty.
2. The employee cannot resume the performance of safety sensitive functions
until s/he:
(a) Is evaluated by a Substance Abuse Professional (SAP); and
(b) Complies with and completes any treatment program
recommended by the SAP; and
(c) Completes the return to duty testing requirements set forth
above with a negative result.
(D) Discipline
Any discipline imposed upon employees shall be subject to the Disciplinary and Grievance
Procedure provisions of the Collective Bargaining Agreement.
(E) Refusal to Test
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Any employee who refuses (or unreasonably delays) to undergo required testing, as set
forth in this policy, shall be considered as having tested positive and shall be immediately removed
from duty. However, if it is subsequently determined that the order to submit to testing was in
violation of this policy, the employee will be made whole for any economic loss incurred during
his/her time off as determined by the Employer or as set forth in an award by a neutral arbitrator
(when applicable).
V. CONFIDENTIALITY OF RECORDS
All drug and alcohol test results and records shall be maintained under strict confidentiality.
Supervision shall not be entitled to copies of test results although supervision may be informed on
a need-to-know basis of the results of such tests.
(A) Employee Entitled to Information
Upon written request, the employee shall be promptly furnished with copies of any and all
records pertaining to his/her use of alcohol and/or drugs, including any records pertaining to
conducted tests. The employee's access to the records shall not be contingent upon payment for
the records.
(B) Conditions Under Which the Employer Must Release Records
1. To the employee, upon written request.
2. When requested by federal or state agencies with jurisdiction, when license
or certification actions may be required and/or when otherwise required by
law for similar purposes.
3. To a subsequent employer pursuant to written consent of the former
employee.
4. To the decision maker in a grievance, arbitration, litigation, or
administrative proceeding arising from a positive test result or employee-
initiated action.
VI. EMPLOYEE ASSISTANCE PROGRAM
(A) Voluntary Referral
1. Before Testing
(a) Any bargaining unit employee who voluntarily refers
himself or herself to the City's Employee Assistance
Program (EAP) before being ordered to submit to a random,
reasonable suspicion, post-accident or return to duty drug or
alcohol test shall not be subject to discipline for that
decision.
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(b) Any bargaining unit employee who has voluntarily referred
himself or herself to the EAP shall be subject to the same
testing procedures as an employee who has tested positive
for drug or alcohol use.
(c) The employee shall be returned to regular work duties only
on the recommendation of the EAP counselor and successful
completion of a return-to-duty medical exam.
2. At Time of Testing
If a bargaining unit employee voluntarily refers himself or herself to the EAP upon being
ordered to submit to a drug or alcohol test, the Employer shall consider such voluntary referral in
mitigation of any discipline. However, an after the fact request for assistance will not limit the
Employer’s right to impose appropriate disciplinary action for a policy violation.
(B) Confidentiality of Referral
All EAP referrals shall be kept strictly confidential with access to the information only on
a need-to-know basis.
(C) Rehabilitative Leave of Absence
1. Accrued Leaves of Absence
An employee may use any accrued leave (e.g. sick, vacation, personal, etc.) for the purpose
of rehabilitation of a drug and/or alcohol problem.
2. Extended Leave of Absence
Upon an employee's request, the Employer shall, to the extent necessary for treatment and
rehabilitation, and subject to the General Leave provisions of the Collective Bargaining
Agreement, grant the employee an unpaid leave of absence for the period necessary to complete
primary treatment of the employee's drug and/or alcohol problem. Eligible employees are also
encouraged to seek time off under the City’s Family and Medical Leave Act policy (“FMLA”)
and/or other forms of reasonable accommodation for this purpose when medically necessary.
This Policy will be construed in accordance with the Compassionate Use of Medical
Cannabis Pilot Program Act and the then applicable DOT regulations that apply for covered
employees.
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APPENDIX C
FMLA FORMS
NOTIFICATION TO EMPLOYER OF NEED FOR FAMILY MEDICAL LEAVE
Return this form to Human Resources upon completion. Receipt of a Certification of Health Care
Provider is required prior to approval of leave.
EMPLOYEE:_________________________________________________________
DEPARTMENT:______________________________________________________
DATES OF LEAVE: ____________________to ___________________
start end
REASON FOR LEAVE:
_____ the birth and care of the newborn child of the employee
_____ for placement with the employee of a son or daughter for adoption or foster care
_____ to care for an immediate family member (spouse, child, or parent) with a serious
health condition
_____ to take medical leave when the employee is unable to work because of a serious
health condition
_____ for a qualified emergency arising from a family member's active military duty
LEAVE IS EXPECTED TO BE:
_____ Continuous
_____ Intermittent:_______________________________________________
_____ Reduced Schedule:__________________________________________
___________________________________ _______________________
Employee Signature Date
56
57
58
59
60
61
62
63
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APPENDIX D
SNOW PLAN
A-List
Foreman #1 Supervisor
Foreman #2 Route #
Bargaining Unit Member #1 Route #
Bargaining Unit Member #2 Route #
Bargaining Unit Member #3 Route #
Bargaining Unit Member #4 Route #
Bargaining Unit Member #5 Route #
Bargaining Unit Member #6 Route #
Bargaining Unit Member #7 Route #
Bargaining Unit Member #8 Route #
Bargaining Unit Member #B-List fill-in Route #
B-List
Foreman #3 Supervisor
Foreman #4 Route #
Bargaining Unit Member #9 Route #
Bargaining Unit Member #10 Route #
Bargaining Unit Member #11 Route #
Bargaining Unit Member #12 Route #
Bargaining Unit Member #13 Route #
Bargaining Unit Member #14 Route #
Bargaining Unit Member #15 Route #
Bargaining Unit Member #16 Route #
Bargaining Unit Member #B-List fill-in Route #
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APPENDIX E
DUES DEDUCTION FORM