R-1405 - 10/28/2014 - PUBLIC WORKS - Resolutions Supporting Documents ITEM 6.F.6)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
October 28,2014
SUBJECT: Memorandum of Agreement—Local 150
FROM: Rick Ginex,Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Resolution R-1405 a resolution approving
and authorizing the execution of a Memorandum of Agreement by and between the Village of
Oak Brook and the International Union of Operating Engineers,Local 150.
Background/History:
As discussed previously with the Village Board,the Memorandum of Agreement is in response
to several grievances filed by members of the Public Works Local 150 union.
Recommendation:
Staff recommends approval of the Memorandum of Agreement between the Village of Oak
Brook and the International Union of Operating Engineers,Local 150.
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RESOLUTION 2014-PW-UN-MOA-R-1405
A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BY
AND BETWEEN THE VILLAGE OF OAK BROOK AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150
WHEREAS, many of the Village's Public Works employees are members of the International
Union of Operating Engineers, Local 150, AFL-CIO ("Union"); and
WHEREAS, the Union has filed various grievances with the Village, which grievances the Union
and the Village now desire to resolve pursuant to the Memorandum of Agreement attached hereto as
Exhibit A("Agreement"); and
WHEREAS, the Village President and Board of Trustees hereby find and determine that it is in the
best interest of the Village to approve and enter into the Agreement with the Union;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Resolution as the findings of the Village President and Board of Trustees.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and the Union in substantially the same form as
attached hereto as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
receipt of the final Agreement executed by the Union.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-PW-UN-MOA-R-1405
Memorandum of Agreement with Local 150
Page 2 of 3
APPROVED THIS 28th day of October, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 28th day of October, 2014.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2014-PW-UN-MOA-R-1405
Memorandum of Agreement with Local 150
Page 3 of 3
EXHIBIT A
AGREEMENT
#33462746_v1
MEMORANDUM OF AGREEMENT
This is a Memorandum of Agreement between the International Union of Operating
Engineers, Local 150, AFL-CIO ("Union") and the Village of Oak Brook ("Village"),
collectively referenced herein as the "Parties." The parties are signatory to a Collective
Bargaining Agreement ("CBA"), effective January 1, 2013 through December 31, 2017. The
parties hereby agree as follows:
WHEREAS, various disagreements between the parties have arisen regarding the
interpretation of certain provisions of the CBA and other workplace issues;
WHEREAS, the Union initiated grievances regarding all alleged violations of the CBA
and filed demands for grievance arbitration concerning those alleged violations;
WHEREAS,the parties desire to maintain amicable relations and avoid potential costly
litigation in connection with this matter,
WHEREAS,the parties desire to compromise and conclude all claims and controversies
pending in the grievances on the terms and conditions herein set forth;
THEREFORE, in consideration of the mutual promises set forth below,the parties agree
as follows:
1. As to outstanding grievances,they are resolved as follows:
Grievance Resolution
Martens Verbal Warning(2/20/14) Voided'
Martens Written Warning(2/21/14) Voided
Roen Verbal Warning(1/31/14) Voided
Roen Written Warning(1/31/14) Voided
Reese Verbal Warning(2/20/14) Voided
Kostueck Verbal Warning(2/17/14) Voided
Van Dyke 1-Day Suspension(1/31/14) Voided2
Van Dyke 3-Day Suspension(1/31/14) Stands
Allencastro 3-Day Suspension(2/20/14) Stands
Allencastro 10-Day Suspension
and Last Chance Agreement(4/14/14) Stands
HMO Premiums Retroactivity Grievance Withdrawn
Pat Toland Split Increase Grievance Denied
Weekend Rounds Grievance Granted
'Voiding of a disciplinary action means treating the disciplinary action as null and void and removing the record of
the action from the employee's personnel file.
2 Employee Keith Van Dyke will be made whole for the time lost(up to 8 hours)because of the suspension.
'The term"stands"means that the disciplinary action will not be voided but will remain part of the employee's
personnel record.
4 Employee Mike Sanalitro will be paid at the applicable rate for hours worked by Water Foreman Don Lange on
July 13,2014.
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Notes All of the above resolutions are on a non-precedent basis. By voiding or granting
a grievance as provided above,the Village does not admit that it violated the CBA. By allowing
a disciplinary action to stand or by withdrawing a grievance, the Union does not admit that the
grievance was without merit. Rather, the parties are simply agreeing to the above resolutions as
a compromise of disputed claims in order to promote the objectives listed in the Whereas clauses
above.
2. The parties agree to the following contract administration language;
Consistent with the express terms of the Collective Bargaining Agreement,the
parties are agreed that the Village will not deny a request for vacation or personal time
merely based on the time that the request is given by the employee,although a request
may be denied based on the Village's operational needs. All requests for time off from
work for vacation,personal time,compensatory time,or sick leave for scheduled
appointments must be approved before time is taken,which approval will not be
unreasonably denied. Each request for time off from work for vacation,personal time,
compensatory time,or sick leave for scheduled appointments shall be considered by
Management for approval in light of circumstances,including,but not limited to,the
amount of staff already off,weather,street,and storm sewer conditions,and other
operational factors and needs. Nothing in this paragraph,however,shall be deemed to
modify or supersede the provisions of Section 12.3 of the Collective Bargaining
Agreement,including,but not limited to,the limitations on the number of bargaining unit
personnel who can be off,department-wide,during various seasons of the year,as
specified in Section 12.3.
3. Both parties agree that clear regulations are a key to avoiding misunderstandings.
The Village has published Standard Operating Guidelines(SOG's)regarding employee callbacks
for overtime assignments, including availability for callbacks and"good cause"for refusing such
assignments,as specified in Section 6.7 of the CBA(see attached). The Village agrees to
consider feedback from the Union regarding the SOG's,with the opportunity for such feedback
to be provided in the context of one or more Labor Management Conference meetings under
Article IV of the CBA.
4. The Union reaffirms its desire that employees seek and accept overtime work
when it is available. Compensation for callbacks is specified in Section 6.7 of the CBA,while
employees who are on standby by virtue of having been assigned to perform locating service
duties will receive the quarterly stipends specified in Section 6.4 of the CBA.
5. Both parties agree that good communications are an essential component of
effective,respectful working relationships. To that end,the Village agrees to include
interpersonal skills training in its management and employee training programs.
6. It is agreed that,assuming continued employment and satisfactory performance,
Shawn Rice will be promoted to the Water Operation in Charge classification effective January
1,2015.
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7. This Memorandum of Agreement may not be waived,change, modified or varied
in any manner whatsoever unless in writing duly signed by all parties.
8. This Memorandum of Agreement sets forth the entire agreement and
understanding of the parties with respect to settlement of the grievances and the other issues
discussed in this Memorandum.
9. This Memorandum of Agreement may be executed in multiple or duplicate
copies,and each such executed copy shall be deemed to be an original.
10. Any alleged violations of the terms of this Memorandum of Agreement shall be
subject to the Grievance and Arbitration provisions of the CBA.
AGREED:
Village of Oak Brook
By:
Its:
Date:
International Union of Ope . ' g Engineers,Local 150
By:
Its:
Dater
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