R-1326 - 03/06/2014 - CONTRACTS - Resolutions RESOLUTION 2014-CNTRCT-PW-LOCAL150-EX-R-1326
A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150
WHEREAS, the Public Works' employees employed by the Village of Oak Brook ("Village") that
are members of the International Union of Operating Engineers, Local 150 ("Union"); and
WHEREAS, the Village and the Union desire to enter into an agreement governing the
employment terms for Village those employed members for the period between January 1, 2013 and
December 31, 2017 ("Agreement"), attached hereto as Exhibit A; 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 and the Letter Agreement;
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 a form acceptable to the Village
Manager and the Village Attorney.
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
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
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-CNTRCT-PW-LOCAL150-EX-R-1326
Approving Local 150 Union Contract
Page 2 of 2
APPROVED THIS 13th day of January, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of January, 2014.
Ayes: Trustees Baar, Mov, Wolin, Yusuf
Nays: Trustees Adler, Manzo
Absent: None
ATTEST:
F Charlotte K. Pruss
' Village Clerk
AGREEMENT
Between
VILLAGE OF OAK BROOK
and
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 150
January 1, 2013 — December 31, 2017
s
TABLE OF CONTENTS
Page
PREAMBLE....................................................................................................................................2
ARTICLE I RECOGNITION AND REPRESENTATION ............................................2
Section1.1 Recognition..................................................................................................2
Section 1.2 New Classifications .....................................................................................3
Section 1.3 Union's Duty of Fair Representation...........................................................4
ARTICLEII UNION DUES..............................................................................................4
Section2.1 Dues Checkoff.............................................................................................4
Section2.2 Fair Share.....................................................................................................4
Section 2.3 Indemnification............................................................................................5
ARTICLE III UNION RIGHTS .........................................................................................6
Section3.1 Union Stewards............................................................................................6
Section 3.2 Union Use of Bulletin Board.......................................................................6
Section 3.3 Union Representative Access ......................................................................6
Section 3.4 Representation Time....................................................................................6
Section 3.5 Time off for Union Activities......................................................................7
ARTICLE IV LABOR MANAGEMENT CONFERENCE...............................................8
ARTICLE V MANAGEMENT RIGHTS .........................................................................9
ARTICLE VI HOURS OF WORK AND OVERTIME....................................................10
Section 6.1 Application of Article................................................................................10
Section6.2 Normal Work Day......................................................................................10
Section 6.3 Changes to Work Schedule and Work Day...............................................1 I
Section6.4 Overtime Pay.............................................................................................12
Section 6.5 Compensatory Time...................................................................................13
Section 6.6 Overtime Distribution................................................................................13
Section6.7 Call-back Pay.............................................................................................13
Section 6.8 Winter Snowplowing/Salting.....................................................................15
Section6.9 No Pyramiding...........................................................................................15
ARTICLE VII SENIORITY AND PROBATIONARY PERIOD......................................15
Section 7.1 Definition of Seniority...............................................................................15
Section 7.2 Breaks in Continuous Service....................................................................15
Section 7.3 Probationary Period...................................................................................16
Section 7.4 Probationary Period Following Promotion................................................16
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TABLE OF CONTENTS
(Continued)
Page
Section 7.5 Seniority List..............................................................................................17
Section 7.6 Termination of Seniority............................................................................17
ARTICLE VIII LAYOFF AND RECALL..........................................................................18
Section8.1 Layoffs.......................................................................................................18
Section 8.2 Recall of Employees..................................................................................18
Section 8.3 Notice of Recall.........................................................................................19
ARTICLE IX GRIEVANCE PROCEDURE....................................................................19
Section9.1 Definition...................................................................................................19
Section9.2 Procedure ...................................................................................................19
Section 9.3 Limitations on Authority of Arbitrator......................................................21
Section 9.4 Grievance Form .........................................................................................22
Section 9.5 Time Limit for Filing.................................................................................22
Section 9.6 Miscellaneous ............................................................................................22
ARTICLE X NO STRIKE-NO LOCKOUT....................................................................24
Section10.1 No Strike....................................................................................................24
Section10.2 No Lockout................................................................................................25
Section 10.3 Judicial Restraint........................................................................................25
ARTICLE XI HOLIDAYS AND PERSONAL DAY......................................................25
Section11.1 Holidays.....................................................................................................25
Section 11.2 Eligibility Requirements............................................................................25
Section 11.3 Holiday Pay................................................................................................26
Section 11.4 Personal Time-Off.....................................................................................26
ARTICLE XII VACATIONS.............................................................................................27
Section 12.1 Eligibility...................................................................................................27
Section 12.2 Vacation Pay..............................................................................................27
Section 12.3 Approval of Scheduling.............................................................................27
Section 12.4 Limitations on Accumulation of Vacation.................................................29
Section 12.5 Termination................................................................................................29
ARTICLE XIII SICK AND EXTENDED ILLNESS LEAVE............................................30
Section 13.1 Purpose and Allowance..............................................................................30
Section13.2 Sick Leave..................................................................................................30
ARTICLE XIV LEAVES OF ABSENCE...........................................................................32
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TABLE OF CONTENTS
(Continued)
Page
Section 14.1 Bereavement Leave....................................................................................32
Section 14.2. Military Leave............................................................................................32
Section 14.3 Jury Duty Leave.........................................................................................33
Section 14.4 Family Medical Leave Act.........................................................................33
Section 14.5 Leave of Absence Without Pay..................................................................33
Section14.6 Benefits......................................................................................................34
Section 14.7 Outside Employment.................................................................................34
Section 14.8 Materity Leave...........................................................................................35
Section14.9 Paternity Leave ..........................................................................................35
Section 14.10 Other Leaves of Absence...........................................................................35
ARTICLE XV SALARIES/PAY PRACTICES..................................................................36
Section15.1 Salaries.......................................................................................................36
Section 15.2 Performance Increases................................................ .............................38
Section 15.3 Grievance Concerning Performance Increases..........................................39
Section15.4. Longevity...................................................................................................39
Section15.5. Retroactivity...............................................................................................39
ARTICLE XVI INSURANCE.............................................................................................40
Section 16.1 Dental, Health, Life, and Insurance Coverage...........................................40
Section 16.2 Cost Containment.......................................................................................45
Section 16.3 Terms of Policies to Govern......................................................................45
Section 16.4 Right to Maintain Coverage While on Unpaid Leave or on Layoff..........45
Section 16.5 Term Life Insurance...................................................................................46
Section 16.6 Retiree Health Insurance............................................................................46
ARTICLEXVII SAFETY.....................................................................................................46
Section 17.1 Compliance With Laws..............................................................................46
Section 17.2 Unsafe Conditions......................................................................................46
ARTICLE XVIII UNIFORMS...............................................................................................47
Section 18.1 Uniforms and Protective Clothing.............................................................47
Section18.2 Work Boots................................................................................................48
ARTICLE XIX MISCELLANEOUS..................................................................................49
Section 19.1 Gender of Words........................................................................................49
Section 19.2 Ratification and Amendment.....................................................................49
Section 19.3 Physical/Psychological Examinations .......................................................49
Section 19.4 Drug and Alcohol Testing..........................................................................49
Section 19.5 Telephone Usage........................................................................................49
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TABLE OF CONTENTS
(Continued)
Page
Section 19.6 Use of Work Facilities...............................................................................49
Section19.7 Ready To Work..........................................................................................50
Section 19.8 Subcontracting...........................................................................................50
Section 19.9 Personnel Policies......................................................................................51
Section 19.10 Employee Discipline..................................................................................51
Section 19.11 Right to Representation..............................................................................51
Section 19.12 Outside Employment.................................................................................51
Section 19.13 Personnel Records......................................................................................52
Section 19.14 Mileage Reimbursement............................................................................52
Section 19.15 Restricted Duty..........................................................................................53
Section 19.16 License Renewal........................................................................................54
ARTICLE XX NON-DISCRIMINATION..........................................................................54
Section 20.1 Prohibition Against Discrimination...........................................................54
Section 20.2 Union Activity ...........................................................................................54
ARTICLE XXI FILLING OF VACANCIES......................................................................54
Section21.1 Posting........................................................................................................54
Section 21.2 Filling of Vacancies...................................................................................55
ARTICLE XXII SAVINGS CLAUSE................................................................................55
ARTICLE XXIII ENTIRE AGREEMENT...........................................................................55
ARTICLE XXVI DURATION AND TERM OF AGREEMENT.........................................56
APPENDIX A GRIEVANCE FORM
APPENDIX B DRUG AND ALCOHOL POLICY
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AGREEMENT
This Agreement entered into by the Village of Oak Brook(hereinafter referred to as the
"Village"or the"Employer") and 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.
PREAMBLE
It is the intent and purpose of this Agreement to set forth the parties' entire agreement
with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of
employment that will be in effect during the term of this Agreement for employees covered by
this Agreement; to prevent interruptions of work and interference with the operations of the
Village; to encourage and improve efficiency and productivity; to maintain the highest standards
of personal integrity and conduct at all times; to provide fair and equitable treatment to all
employees; to promote the quality and continuance of public service; and to provide procedures
for the prompt and peaceful adjustment of grievances as provided herein.
Therefore, in consideration of the mutual promises and agreements contained in this
Agreement, the Employer and the Union do mutually promise and agree as follows:
ARTICLE I
RECOGNITION AND REPRESENTATION
Section 1.1, 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 collective bargaining unit within the Employer's
Department of Public Works, as certified by the Illinois State Labor Relations Board:
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INCLUDED: All regular full-time employees and regular part-time employee in the
following classifications: Maintenance Worker I, Maintenance Worker II, Building Maintenance
Technician,Mechanic, Head Mechanic, Water Operator in Charge and one (1)Part-Time
Laborer.
EXCLUDED: All other employees of the Village of Oak Brook and its Public Works
Department(including foreman), including but not limited to supervisors,professional
employees, short-term employees, managerial employees, confidential employees (including the
department secretary, office manager, etc.)and all other persons statutorily excluded under the
Act.
Section 1.2,New Classifications. If the Village creates and fills a new full-time non-
professional position within the Public Works Department that includes substantially the same
work now being done by employees covered by this Agreement,then such new job classification
will become a part of the bargaining unit and will be covered by this Agreement. (This section
does not apply to any person who does not meet the definition of a public employee under
Section 3(n) of the Illinois Public Labor Relations Act). If the Union disagrees with the
Employer's placement of a new job classification position,the Union's exclusive remedy is to
file a unit clarification petition with the Illinois Labor Relations Board.
The Union and the Village will meet and discuss the rate of pay for any new
classification prior to the Village's decision to fill the new classification. Where agreement is
not reached by the time work must be started,the Village may start work at the rate it believes
proper. Where final agreement on an initial rate of pay is reached by the parties, the wage rate
shall be retroactive to the date work commenced in the new classification.
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Section 1.3, Union's Duty of Fair Representation. The Union agrees to fulfill its duty to
fairly represent all employees in the bargaining unit.
ARTICLE II
UNION DUES
Section 2.1, Dues Checkoff. During the term of this Agreement the Village will deduct
from each employee's paycheck during the regular payroll cycle,the uniform, regular monthly
Union dues for each employee in the bargaining unit who has filed with the Village a lawfully
written authorization form. An employee may revoke his/her dues checkoff authorization at any
time upon 30 days written notice to the Village. The Village will send the dues collected under
this Section to the Union each month after the deductions have been made.
The actual dues amount deducted shall be determined by the Union. The Union may
change the dollar amount once each calendar year during the life of this Agreement by giving the
Village at least thirty(30) days advance written notice of any change in the amount of the
uniform dues to be deducted.
If an employee has no earnings or insufficient earnings to cover the amount of the dues
deduction, the Union shall be responsible for collection of dues. The Union agrees to refund to
the employee any amounts paid to the Union in error on account of this dues deduction
provision.
Section 2.2,Fair Share. Any present employee who is not a member of the Union, and
any employee hired on or after the effective date of this Agreement who does not become a
member of the Union within 30 days after date of hire shall, commencing 30 days after
employment or the effective date of this Agreement,whichever is later, and as a condition of
employment,pay to the Union each month,through payroll deduction,the employee's
proportionate share of the costs of the collective bargaining process, contract administration, and
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pursuing matters affecting wages,hours and conditions of employment. The Union shall certify
to the Village which employees are non-members and the amount constituting each non-member
employee's proportionate share (hereinafter"fair share"),which shall not exceed dues uniformly
required of members. Fair share deductions shall be made by Village and shall be remitted to the
Union.
The Union agrees to assume full responsibility to insure full compliance with the
requirements of Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), with respect to the
constitutional rights of fair share fee payors. The Village shall have no responsibility
concerning, and makes no representation regarding,the legal sufficiency or factual accuracy of
the Union's fair share calculations, fair share amount, or fair share procedures, as described in
the aforementioned notice. The Union agrees to provide fair share payers with an appeal
procedure in accordance with applicable law. It is specifically agreed that any dispute
concerning the amount of the fair share fee and/or the responsibilities of the Union with respect
to fair share fee payers as set forth above shall not be subject to the grievance and arbitration
procedure set forth in this Agreement.
Section 2.3, Indemnification. The Union shall indemnify and hold harmless the Village,
its elected representatives, officers, administrators, agents and employees from and against any
and all claims, demands, actions, complaints, suits or other forms of liability(monetary or
otherwise)that arise out of or by reason of any action taken or not taken by the Village for the
purpose of complying with the provisions of this Article, or in reliance on any written checkoff
authorization furnished under any of the provisions of this Article.
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ARTICLE III
UNION RIGHTS
Section 3.1, Union Stewards. The Village recognizes the right of the Union to select one
"Regular" Union Steward and one "Alternate"Union Steward, and the Union agrees to furnish
the Village with the name of said Steward and to notify the Village promptly of any changes.
The Union Steward shall not be permitted to conduct Union business during work hours without
the permission of the Director of Public Works or his designee.
Section 3.2, Union Use of Bulletin Board. The Village shall provide one (1)Union
bulletin board. The bulletin board shall be the sole and exclusive use of the Union and use shall
solely be used for Union business.
Section 3.3, Union Representative Access. Duly authorized Union business
representatives (no more than two at a time)will be permitted access at reasonable times for the
purpose of representing employees pursuant to the provisions of this Agreement. The business
representatives will be identified to the Public Works Director or his designee and on each
occasion will first secure the prior approval of the Public Works Director or his designee to enter
and conduct their business on premises or at the job site, such approval not to be unreasonably
denied. The business representatives will conduct their business so as not to interfere with
Village operations or interrupt the work of any bargaining unit employee. Absent approval of
the Village,job site visits and visits to actual working areas on Village premises shall be limited
to inspections of working conditions for safety and contract compliance reasons.
The Union will not abuse this privilege, and such right of entry/access shall at all time be
subject to general department and safety rules.
Section 3.4, Representation Time. One employee required to act as a Union
representative in a grievance meeting scheduled by the Village and the Union during said
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employee's regularly scheduled working hours shall not suffer a loss of regular straight time pay
for attending the meeting. However,the Union must provide the Village with reasonable
advance notice of who needs to be released for such grievance meetings so that the meetings can
be scheduled in such a way to avoid interference with the work of the Village.
In addition, an employee who is being interviewed or who is scheduled for a meeting
during the employee's regularly scheduled working hours and a Union steward, if requested by
the employee,who is representing the employee at the interview or at a meeting scheduled
during the steward's regularly scheduled working hours, shall be released from work without
loss of regular straight time pay.
No steward/representative attending any of the above meetings shall be paid for attending
such meetings in his representational capacity outside of his scheduled working hours unless the
attendance is at the request of the Village. The Union recognizes the essential need to minimize
lost work time and to avoid interference with the work of the Village.
Section 3.5, Time off for Union Activities. Union Stewards shall be allowed time off
without pay for legitimate Union business, such as Union meetings and State or International
conventions,provided they give reasonable prior written notice (minimum 14 days)to the
Village of the need for such absence,the absence will not result in overtime, and there are a
sufficient number of qualified employees scheduled to work on the planned days of absence.
The Village's approval of time off for such activities shall not be unreasonably denied. A
Steward may use any unused earned paid time off(e.g.,vacation or personal days, but
specifically excluding sick leave) in lieu of taking time off without pay.
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ARTICLE IV
LABOR MANAGEMENT CONFERENCE
At the request of either party, the Union and the Village or their designees shall meet
when appropriate to discuss matters of mutual concern that do not involve negotiations or
grievances. The date,time and place for Labor Management Conference meetings shall be
mutually agreed upon by the Union and the Village. Conference meetings shall consist of up to
three (3)union representatives (whether employees or outside representatives)and up to three (3)
Village representatives. Nothing herein shall prohibit the parties from agreeing to have
additional representatives attend from each side when warranted. The party requesting the
meeting shall submit a written agenda of the items it wishes to discuss at least seven (7)days
prior to the date of the meeting.
Such meeting times and locations, if mutually agreed upon, shall be limited to:
a) discussion on the implementation and general administration of this Agreement;
b) a sharing of general information of interest to the parties; and
C) items concerning possible health and/or safety issues.
Prior to the parties agreeing to meeting times,the Union shall notify the Village of any
employees it intends to have represent it at the meeting. Unless agreed to by the parties, Labor-
Management conferences shall be scheduled to occur during the regular working hours. If the
meeting is scheduled during the regular working hours of any employee reported to be on the
committee,the employee will be permitted to attend the meeting during his regular hours of
work with no loss of pay. Otherwise, attendance at such meeting shall not be considered as time
worked for the employees involved.
A Labor-Management Conference meeting shall not be used for the purpose of discussing
any matter that is being processed pursuant to the grievance procedure set forth in this
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Agreement or for the purpose of seeking to negotiate changes or additions to this Agreement.
The Labor-Management Conference is intended to improve communications and shall be
advisory only unless the parties mutually agree to implement actions as a result of the meeting.
ARTICLE V
MANAGEMENT RIGHTS
It is understood and agreed that the Village possesses the sole right and authority to
operate and direct the employees of the Village and its various departments in all respects,
including,but not limited to, all rights and authority exercised by the Village prior to the
execution of this agreement, except as specifically modified in this Agreement. These rights
include,but are not limited to,the following: to determine the mission,policies and all standards
of service offered to the public by the Village;to plan, direct, control and determine all the
operations and services of the Village;to determine the budget and allocate budgetary priorities;
to determine the places, means, methods and number of personnel needed to carry out the
Village's mission; to manage, supervise, and direct the working forces;to establish the
qualifications for employment and to employ employees; to schedule and assign work; to
establish work,performance and productivity standards and, from time to time,to change those
standards; to schedule and assign overtime;to determine whether goods or services are made or
purchased;to make, alter and enforce rules, regulations, orders, and policies; to discipline,
suspend and discharge employees for just cause (probationary employees without cause); to hire,
demote,promote,transfer and train employees;to change or eliminate existing methods,
equipment or facilities; to layoff and/or relieve employees from work; to contract and/or
subcontract out for goods and services; to determine whether work is to be performed by
employees covered by this Agreement or by other employees or non-employees; to use
temporary, seasonal, or other employees as the Village deems appropriate;to evaluate
9
performance and productivity and establish awards or sanctions for various levels of
performance from time to time; and to take any and all actions as may be necessary to carry out
the mission of the Village.
If in the sole discretion of the President and Board of Trustees or the Village Manager, it
is determined that civil emergency conditions exist, including, but not limited to, riots, civil
disorders, tornado conditions, floods, or other similar catastrophes, the provisions of this
Agreement may be suspended by the President of the Board of Trustees or the Village Manager
during the time of the declared emergency, provided that wage rates and monetary fringe
benefits shall not be suspended.
The exercise of the foregoing powers, rights, authorities, duties and responsibilities by
the Village, the adoption of policies, rules, regulations and practices in furtherance thereof, shall
be limited only by the specific and express terms of this Agreement and then only to the extent
such specific and express terms hereof are in conformance with the Constitution and laws of the
State of Illinois and the Constitution and laws of the United States.
ARTICLE VI
HOURS OF WORK AND OVERTIME
Section 6.1 Application of Article. This Article is intended only as a basis for
calculating overtime payments, and nothing in this Article or Agreement shall be construed as a
guarantee of hours of work per day,per week, or per work cycle.
Section 6.2 Normal Work Day. The current normal work day for full-time employees is
eight and one half(8 %2)hours, from 7:00 a.m.to 3:30 p.m., from Monday through Friday, which
shall include a one-half('/2)hour unpaid meal period. All employees are to be dressed in their
work uniform (including work safety boots) and ready for work at or just before 7:00 a.m.
Employees working a normal work day herein with hours outside of 7:00 a.m.to 3:30 p.m. shall,
10
if requested and approved by a non-bargaining unit supervisor, such approval not to be
unreasonably denied be permitted to skip their unpaid meal period and leave one-half(%2)hour
early-; however, employees shall not work through their normal meal period and subsequently
request to leave early.
The work day normally will include: one (1)paid fifteen(15)minute break in the
morning and one(1)paid fifteen (15)minute break in the afternoon. Employees may not drive a
Village vehicle to pickup food or for other personal use while on a break or lunch without
receiving a non-represented supervisor's prior permission. Employees are allowed up to ten(10)
minutes to clean up period before the end of the workday. The current normal work schedules
and work days for such employees shall remain in effect unless the Village exercises its right to
change them, subject to the procedures as set forth herein.
Section 6 3 Changes to Work Schedule and Work Day. The Village may alter start time
on a permanent basis upon thirty(30)days notice to the Union and an opportunity to discuss the
issue; however,the altered start time can be no earlier than 6:00 a.m., and no later than 8:00 a.m.
When employees are working extended hours (more than 6 consecutive hours),
employees will receive up to a 30 minute paid mealtime break, which the Village will reimburse
employee meals as outlined below. The mealtime break will not interfere with any ongoing
project(s). (Example,the Village will not stop a water main break repair for the employee(s)to
eat.)
Breakfast: When work starts at 3:00 a.m. and will continue into the normal scheduled
workday,the Village will reimburse each employee up to $10.00 for breakfast,with the time and
restaurant mutually agreed upon by the working crew, subject to review and approval of the
Public Works Director or his designee.
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Dinner: If the workday extends beyond 8:00 p.m.,the Village will reimburse each
employee up to $10.00 for dinner,with the time and restaurant mutually agreed upon by the
working crew, subject to review and approval of the Public Works Director or his designee.
Section 6.4, Overtime Pay. An employee shall be paid one and one half(1 1/2)times his
regular straight time hourly rate of pay for all hours worked in excess of eight(8)hours in a day
or forty(40)hours in the employee's regular five (5) day work cycle (Monday through Friday)to
the extent required by the Federal Fair Labor Standards Act. Compensatory time,vacation leave,
paid holidays(less any time the employee worked on such holidays during what would have
been his normal working hours),paid sick leave, and funeral leave shall be considered as hours
worked for the purpose of calculating overtime. All other leaves including,but not limited to
unpaid excused absences from work, administrative leave, workers' compensation leave, or
absence due to disciplinary reasons shall not be considered as hours worked for the purpose of
calculating such overtime payments.
An employee who is scheduled to work shall be compensated at twice his regular
straight-time hourly rate of pay for all hours worked on the actual holidays listed in Section 11.1.
Before any employee may become eligible to receive any overtime pay under this
Agreement,the additional hours worked must be approved in advance by a non-bargaining unit
supervisor.
Water Department employees who operate the Villages water SCADA system from home
via a Village computer will be compensated a minimum of 30 minutes for work done at home
when the employee is required to log into the Village water system and make adjustments to the
system.
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Effective January 1, 2014 employees who are assigned by the Department Director(or
delegate) and perform locating services duties including, but not limited to clearing"normal
notices" and"daily audits"within the quarter, will receive a quarterly stipend in the amount of
$100 at the conclusion of the quarter. In addition to the above compensation, it is recognized
that there are times when an employee can resolve an issue without physically reporting to a
work site such as by telephone, Internet or other means. Thus, employees who perform locating
services off-hours via a mobile device or other means will be compensated between fifteen(15)
to thirty(30)minutes per day, depending the length of time required for the employee to resolve
the issue by telephone, Internet or without reporting to a work site.
Section 6.5 Compensatory Time. In situations where the Village determines it to be in
the best interests of the Village and mutually agreed to by the Village and the affected employee,
the Village shall grant compensatory time off to employees in lieu of overtime payment at the
applicable rate. No employee shall be permitted to accumulate more than a maximum of eighty
(80)hours of compensatory time at any given time. Additionally, no employee shall be able to
use more than one hundred (100)hours of compensatory time in a calendar year. At the
employee's discretion,the employee shall be paid for any accrued but unused compensatory time
off during the last week of the fiscal year in which the compensatory time off was earned.
Overtime approved to be taken as compensatory time must be so indicated by the employee on
his daily time sheet or else it will be paid as overtime. Requests to schedule compensatory time
off shall be granted in such time blocks as are mutually agreed upon between the employee and
the Village.
Section 6.6, Overtime Distribution. The Village agrees to distribute overtime as equally
as possible amongst those employees qualified to perform the work at issue. The employee
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working any job which extends into overtime shall normally have first claim on the overtime.
Overtime shall be offered among those qualified in rotating seniority order, by division(i.e.:
Street Division, Water Division,Fleet Maintenance Division,Buildings and Grounds Division).
The seniority list will be updated and initiated on January 1 and July 1 of each year. The roster
shall be followed in rotating seniority order, amongst those qualified to do work,to determine
the next employee to be offered overtime. If the full-time or part-time represented personnel
who would have usually worked the overtime refuses it or is unavailable (i.e., fails to call back
within fifteen(15)minutes of receiving the call),the Village may work part-time personnel,
seasonal or non bargaining unit personnel on said overtime without violating the Agreement, so
long as all full-time or part-time represented employees who are capable of performing such
work have been given the opportunity to do so. Should more than one employee be eligible for
placement at the bottom of the list for refusal or is unavailable,the most recent addition to the
bottom spot shall be placed on the bottom and the employee previously occupying that spot shall
move up. At the end of the six (6)month effective period of the list, a new list shall be published
in seniority order. Employee(s)who have a pattern(more than twice in six months)of not
answering or failing to return overtime distribution calls within 20 minutes, will be subject to
corrective actions as well as progressive discipline. 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. The employment of part-time,temporary, seasonal or non bargaining
unit personnel shall not work to deprive bargaining unit personnel of opportunities to work
overtime.
Section 6.7, Call-back Pay. A callback is an official assignment of work which does not
continuously follow an employee's regularly scheduled working hours. Callbacks shall be
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compensated with a guaranteed minimum of two (2)hours at the appropriate overtime rate for
each such callback with pay beginning at the time of the call/assignment unless a callback can be
resolved via electronic means. Any callback which can be resolved via electronic means shall be
compensated at a minimum of fifteen(15)minutes at the appropriate overtime rate for each such
callback with pay beginning at the time of the call/assignment. Employees who are not
otherwise "unavailable"will not refuse overtime assignments,unless good cause is shown.
Section 6 8 Winter Snowplowing/Salting. The Village shall schedule employees for
snowplow/salting as per current practice and procedures to meet the needs of the Village. The
Village requires that employees be ready and available to work during snow plowing and salting
situations and has the right to require overtime work and employees who are not otherwise
"unavailable"will not refuse overtime assignments. (The Village at its option may solicit such
employees for overtime, but will not mandate such unavailable employees absent an emergency
or shortage of employees).
Section 6.9 No Pyramiding. Compensation shall not be paid or compensatory time taken
more than once for the same hours under this Agreement. There shall be no pyramiding of
overtime or premium compensation rates.
ARTICLE VII
SENIORITY AND PROBATIONARY PERIOD
Section 7 1 Definition of Seniority. Seniority shall be based on the length of time from
the last date of beginning continuous full-time employment in any position covered by this
Agreement, less adjustments for approved leaves of absence without pay of more than thirty(30)
calendar days,unless otherwise required by state or federal law. Military leaves of absences
shall not affect seniority.
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Section 7.2 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 for the Employer within twelve (12)
months,the break in continuous service shall be removed from his/her record.
Section 7 3 Probationary Period. All new employees and those hired after loss of
seniority shall be considered probationary employees until they complete a probationary period
of twelve (12)months of actual work. During an employee's probationary period,the
employee may be terminated at the sole discretion of the Village. No grievance shall be
presented or entertained in connection with the suspension, layoff or termination of a
probationary employee. An employee is probationary for the first twelve (12) months of
employment.
A probationary employee shall have no seniority, except as otherwise provide for in this
Agreement,until he/she has completed their 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.
There shall be no seniority among probationary employees. Upon a full-time employee's
successful completion of the probationary period,the employee shall acquire seniority which
shall be retroactive to the last date of hire with the Village in a position covered by this
Agreement.
Section 7 4 Probationary Period Following Promotion. If an employee is promoted from
one bargaining unit position to another,the employee will be considered a probationary
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employee in that position for the first six(6)months of actual work performed by the employee
following the effective date of the promotion. During this probationary period,the Village
retains the right to demote or transfer such employee with cause to the employee's former
position with a rate of pay not less than the rate the employee earned immediately prior to the
promotion.
Section 7.5, Seniority List. On or before January 1 of each year,the Village will post on
the Union portion of the bulletin board a seniority list setting forth each employee's seniority
date, and provide a copy of such list to a Union representative. The Village shall not be
responsible for any errors in the seniority list unless such errors are brought to the attention of
the Village in writing within fifteen(15) calendar days after the list is posted. If more than one
employee was hired on the same day, seniority among them shall be in alphabetical order.
Section 7 6 Termination of Seniority. Seniority and the employment relationship shall
be terminated for all purposes if the employee:
a) quits;
b) is discharged for just cause (probationary employees without cause);
C) retires;
d) falsifies the reason for a leave of absence;
e) fails to report for work within forty-eight(48)hours after the conclusion of an
authorized leave of absence, unless the employee can establish to the Village's
satisfaction that their failure to report was clearly due to circumstances beyond
their control;
f) is laid off and fails to notify the Village of his intent to return to work by the day
he is so ordered to notify the Village;
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g) is laid off for a period in excess of two years;
h) does not perform work for the Village (except for military service) for a period in
excess of one year, unless an employee remains on an approved unpaid leave of
absence; or
i) is absent for two (2) consecutive working days without notifying the Village,
unless the employee can establish to the Village's satisfaction that their failure to
notify the Village was clearly due to circumstances beyond their control.
ARTICLE VIII
LAYOFF AND RECALL
Section 8.1, Layoffs. The Village, in its discretion, shall determine whether layoffs are
necessary. If it is determined that layoffs are necessary, employees covered by this Agreement
will be laid off in accordance with their length of service, starting with the employee the shortest
length of service. The Village shall endeavor to give the Union at least sixty (60) days prior
notice of any layoffs; however, the failure to give such notice shall not be a breach of this
Agreement nor shall it constitute an unfair labor practice.
Section 8.2, Recall of Employ. Employees who are laid off shall be placed on a recall
list for a period of two (2) years. If there is a recall, employees who are still on the recall list
shall be recalled, in the inverse order of their layoff.
Employees who are eligible for recall shall be given fourteen (14) calendar days' notice
of recall and notice of recall shall be sent to the employee by certified or registered mail to the
employee's last known address with a copy to the Union,provided that the employee must notify
the Public Works Director or his designee of his intention to return to work within three (3) days
after receiving notice of recall. The Village shall be deemed to have fulfilled its obligations by
mailing the recall notice by certified mail, return receipt requested, to the mailing address last
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provided by the employee, it being the obligation and responsibility of the employee to provide
the Public Works Director or his designee with his latest mailing address. If an employee fails to
timely respond to a recall,notice his name shall be removed from the recall list and the employee
is deemed to have waived any entitlement to reemployment.
Section 8.3,Notice of Recall. It shall be the responsibility of an employee on the recall
list to provide the Village with an address to which a recall notice can be sent. Any employee
who declines a recall or fails to respond within the timeframe set forth in Section 8.2 shall forfeit
further recall rights. Employees who are eligible for recall shall be given fourteen (14) calendar
days' notice and notice of recall shall be sent to the employee by certified or registered mail with
a copy to the Union.
ARTICLE IX
GRIEVANCE PROCEDURE
Section 9.1, Definition. A grievance is defined as a dispute or difference of opinion
raised by an employee or the Union against the Village, involving the meaning, interpretation or
application of an express provision of this Agreement.
Section 9.2, Procedure. The parties acknowledge that it is usually most desirable for an
employee and his/her immediate non-bargaining unit supervisor to resolve problems through free
and informal communications. If, however,the informal process does not resolve the matter, the
grievance will be processed as follows:
STEP 1: Any employee who has a grievance or the Union shall submit the
grievance in writing to the employee's immediate non-bargaining unit
supervisor, specifically indicating that the matter is a grievance under this
Agreement. The grievance shall contain a complete statement of the facts,
the provision or provisions of this Agreement which are alleged to have
been violated, and the relief requested. All grievances must be presented
no later than ten(10) calendar days from the date of the first occurrence of
the matter giving rise to the grievance or within ten (10) calendar days
after the employee or the Union,through the use of reasonable diligence,
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could have obtained knowledge of the first occurrence of the event giving
rise to the grievance. The immediate supervisor shall render a written
response to the grievant within fifteen (15) calendar days after the
grievance is presented.
STEP 2: If the grievance is not settled at Step 1 and the grievant wishes to appeal
the grievance to Step 2 of the grievance procedure, it shall be submitted in
writing to the Public Works Director or his designee within ten(10)
calendar days after receipt of the Village's answer at Step 1. The
grievance shall specifically state the basis upon which the grievant
believes the grievance was improperly denied at the previous step in the
grievance procedure. The Public Works Director, or his designee, may at
his discretion,meet with the grievant and, if the grievant so desires, a
Union representative, in an effort to resolve the grievance ten(10)
calendar days after the Director of Public Works receives the grievance.
The Public Works Director, or his designee, shall respond to said
grievance in writing within fifteen(15) calendar days after said written
grievance was filed with the Public Works Director.
STEP 3: If the grievance is not settled at Step 2 and the grievant wishes to appeal
the grievance to Step 3 of the grievance procedure, it shall be submitted in
writing to the Village Manager or his designee within ten (10) calendar
days after receipt of the Village's answer at Step 2. Within ten(10)
calendar days of the receipt of the Union's appeal,the Village Manager or
his/her designee may, at his/her discretion, convene a meeting including,
but not limited to,the grievant, and if the grievant so desires, a Union
representative, and the Public Works Director or his/her designee,to
review the grievance and the finding arrived at in Step 2. Said meeting
shall be held at a mutually agreeable time with all parties. The Village
Manager or his/her designee shall render a written response to all parties
involved within twenty(20)calendar days of the meeting date, or if there
is no meeting, within twenty(20) calendar days after the written grievance
was received by the Village Manager at Step 3.
STEP 4: In the event that the matter is not settled in Step 3,the Union may submit
the grievance for binding arbitration by giving written notice to the
Village Manager within fifteen(15) calendar days after the Village
Manager or his designee's answer in Step 3.
The parties shall then attempt to agree upon an arbitrator promptly. In the
event the parties are unable to agree upon an arbitrator within twenty(20)
calendar days after the request for arbitration has been filed,they shall
jointly request the Federal Mediation and Conciliation Service to submit a
list of the names of seven (7) arbitrators drawn from members of the
National Academy of Arbitrators, and who are residents of Illinois or
Indiana. Each party retains the right to reject one panel in its entirety and
request that a new panel be submitted. Upon receipt of the panel,parties
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shall alternate the striking of names,with the Union striking the first name
on the first case under this Agreement. The person whose name remains
shall be the arbitrator.
1. The arbitrator shall be notified of his/her selection and shall be asked to
set a time and place for the hearing, subject to the availability of Union
and Village representatives.
2. Both parties agree to attempt to arrive at a joint stipulation of the facts and
issues as outlined to be submitted to the Arbitrator.
3. The Village and the Union shall have the right to request the arbitrator to
require the presence of witnesses or documents. The Village and the
Union retain the right to employ legal counsel. The arbitrator shall submit
his/her decision in writing within thirty(30) calendar days following the
close of the hearing or the submission of post-hearing briefs by the parties,
whichever is later.
4. More than one grievance may be submitted to the same arbitrator where
both parties mutually agree in writing.
5. The fees and expenses of the arbitrator and the cost of a written transcript,
if any, shall be divided equally between the Village and the Union;
provided,however,that each party shall be responsible for compensating
its own representatives and witnesses.
Section 9 3 Limitations on Authority of Arbitrator. The arbitrator shall have no right to
amend, modify,nullify, ignore, add to, or subtract from the provisions of this Agreement. The
arbitrator shall consider and decide only the question of fact as to whether there has been a
violation, misinterpretation or misapplication of the specific provisions of this Agreement. The
arbitrator shall be empowered to determine the issue raised by the grievance as submitted in
writing at the First Step. The arbitrator shall have no authority to make a decision on any issue
not so submitted or raised. The arbitrator shall be without power to make any decision or award
which is contrary to or inconsistent with, in any way, applicable laws, or of rules and regulations
of administrative bodies that have the force and effect of law. The arbitrator shall not in any way
limit or interfere with the powers, duties and responsibilities of the Village under law and
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applicable court decisions. Any decision or award of the arbitrator rendered within the
limitations of this Section shall be final and binding.
Section 9.4, Grievance Form. The written grievance required under this Article shall be
on a form provided by the Union, a sample copy of which is attached as Appendix A to this
Agreement. It shall contain a statement of the Grievant's complaint,the section(s) of this
Agreement that allegedly have been 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 representative. A
scrivener's error, defined as an incorrect date, section citation error, or misplaced signature, shall
not be grounds for denial of the grievance.
Section 9 5 Time Limit for Filing. No grievances shall be entertained or processed
unless it is submitted at Step 1 within ten (10)calendar days after the first occurrence of the
event giving rise to the grievance or within ten (10) calendar days after the employee or the
Union,through the use of reasonable diligence, could have obtained knowledge of the first
occurrence of the event giving rise to the grievance.
If a grievance is not presented by the employee within the time limits set forth above, it
shall be considered"waived" and may not be pursued further. If a grievance is not appealed to
the next step within the specific time limit or any agreed extension thereof, it shall be considered
settled on the basis of the Village's last answer. If the Village does not answer a grievance or an
appeal thereof within the specified time limits,the aggrieved employee may elect to treat the
grievance as denied at the step and immediately appeal the grievance to the next step. The
parties may by mutual agreement in writing extend any of the time limits set forth in this Article.
Section 9.6, Miscellaneous. No member of the bargaining unit who is serving
temporarily or acting in a supervisory capacity shall have any authority to respond to a grievance
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being processed in accordance with the grievance procedure set forth in this Article. Moreover,
no action, statement, agreement, settlement, or representation made by any member of the
bargaining unit shall impose any obligation or duty to be considered to be authorized by or
binding upon the Village unless and until the Village has agreed thereto in writing.
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ARTICLE X
NO STRIKE-NO LOCKOUT
Section 10.1.No Strike. Neither the Union nor any officers, agents or employees covered
by this Agreement will instigate, promote, sponsor, engage in, or condone any strike, sympathy
strike (except it shall not be a violation of this Agreement to honor picket lines), slowdown,
sitdown, concerted stoppage of work,concerted refusal to perform overtime, concerted,
abnormal and unapproved enforcement procedures or policies or work-to-the-rule situation, mass
resignations, mass absenteeism,picketing for or against the Village or at the home or outside
business of any supervisor or elected official of the Village, or any other intentional interruption
or disruption of the operations of the Village, regardless of the reason for so doing. Any or all
employees who violate any of the provisions of this Article may be discharged or otherwise
disciplined by the Village, and the only issue that may be used in any proceeding in which such
discipline or discharge is challenged is whether or not the employee actually engaged in such
prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right
in any instance nor is it a precedent.
Each employee who holds the position of officer or steward of the Union occupies a
position of special trust and responsibility in maintaining and bringing about compliance with the
provisions of this Article. Such officer or steward of the Union shall disavow such action and
shall remain at work during any related activity. In addition, in the event of a violation of this
Section of this Article,the Union agrees to inform its members of their obligations under this
Agreement and to direct the employees verbally and in writing to return to work immediately
and shall use their best efforts to achieve a prompt resumption of normal operations.
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Section 10.2,No Lockout. The Village will not lock out any employees during the term
of this Agreement as a result of a labor dispute with the Union.
Section 10.3,Judicial Restraint. Nothing contained herein shall preclude the Village or
the Union from obtaining judicial restraint and damages in the event the other party violates this
Article.
ARTICLE XI
HOLIDAYS AND PERSONAL DAYS
Section 11.1,Holidays. The following holidays for eligible full-time employees are
observed under this Agreement:
New Year's Day
Good Friday ('/z Day)
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve (%Day)
If a holiday falls on a Sunday,the following Monday shall normally be observed as the holiday.
If a holiday falls on a Saturday,the previous Friday shall normally be observed as the holiday.
Holidays will begin at midnight and end at 11:59 p.m. on the day observed as the official Village
holiday.
Section 11.2, Eligibility Requirements. Employees scheduled to work on a holiday shall
do so. An employee who has taken an unauthorized absence on the day before or after a holiday
will not receive pay for that holiday. Any employee absent from work due to reasons chargeable
to sick leave on a holiday scheduled for work or on the day preceding or the day following a
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holiday may be required to present a doctor's verification of eligibility for leave in order to
receive compensation for the holiday.
Section 11.3, HolidaPay. Full-time regular employees who satisfy the eligibility
requirements of Section 11.2 shall be given the holiday off with pay or, if they are required to
work on the actual holiday, a regular day's pay (eight(8)hours of pay at straight-time rates) as
holiday pay plus pay at double time for all hours actually worked on the actual holiday.
Section 11.4, PersonalTime Off. Full-time regular employees are entitled to twenty-four
(24)hours per calendar year,prorated in the initial year of hire. Whenever possible,personal
time off must be scheduled at least one (1)day in advance for appointments or other reasons;
however, advance notice may be waived at the discretion of the supervisor. Personal time off is
subject to supervisory approval (which includes staffing needs),but such approval will not be
unreasonably withheld. Personal time off may not be used for missed time because an employee
reports late to work. Personal time off is paid at the employee's straight time rate.Personal time
off may be taken in increments as low as two (2)hours. Employees may not borrow against their
personal time off banks; therefore, no advance leave will be granted.
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ARTICLE XII
VACATIONS
Section 12.1, Eligibility. The number of working days of vacation which an employee is
eligible to receive annually shall be based on the number of years of continuous service in a
position covered by this Agreement in accordance with the following schedule:
Years of Number of Weeks of
Continuous Service Vacation Per Year
1 - 4 years 2
5 - 9 years 3
10 - 19 years 4
20 years or more 5
Employees will be entitled to vacation leave in the calendar year following their date of
hire. The initial vacation period shall be prorated, based on the number of months worked in the
year of hire. Thereafter, the amount of vacation shall be in accordance with the foregoing
schedule.
For employees hired before 2013, in the year in which an employee will complete his
twenty-fifth (25th)year of service with the Village the employee may elect to receive: two (2)
weeks additional vacation for that year only, or one (1)week additional vacation for that year
only and one (1)week additional pay(one-time bonus payout), or two weeks (2)additional pay
(one-time bonus payout) for that year only.
Section 12.2, Vacation Pay. Vacation pay shall be paid at the rate of the employee's
regular straight-time hourly rate of pay in effect for the employee's regular job classification on
the payday immediately preceding the employee's vacation.
Section 12.3,Approval of Scheduling. Notwithstanding any other provision of this
Agreement, it is expressly agreed that the final right to designate what days employees will be
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permitted to take vacation, approve and cancel vacation periods and the maximum number of
employee(s)who may be on vacation at any time is exclusively reserved by the supervisor,
although the Village shall not unreasonably cancel vacations or unreasonably limit days for
which employees may schedule vacation.
Noting the department's operational needs,the Union and the Village agree to the
following(with the exception of employee(s)being off for being sick, a workers' compensation
injury, or Family Medical Leave):
March 15th through October 31st:
No more than five (5)bargaining unit employees, department-wide,will be off on any given day.
(An additional two (2)bargaining unit employees may be granted off,provided they are
available to return in the case of an emergency call back.)
November Ist through December 15th:
No more than one (1)bargaining unit employee per division will be off on any given day,
provided two (2)bargaining unit employees are available to return in the case of an emergency
call back.
December 15th through March 14th:
No more than one (1)bargaining unit employee, department wide, off on any given day. (An
additional two (2)bargaining unit employees may be granted off provided they are willing to
return in the case of an emergency call back.)
Time-off Request:
The employee is responsible for knowing the balance of their various time-off accounts,
which may be obtained via their payroll check stub. If an employee is unsure as to the balance of
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their various time-off accounts,they should contact the Department Director directly. If the
Department Director is unavailable,the employee shall leave a slip asking for their balance.
All time-off requests must be submitted in writing,using the Benefit Time Request
section of the Village's Benefit Time Request/Absence from Work Report Form and submitted
to the employee's supervisor.
For all time off from work, upon return to work,the employee must fill out the Absence
from Work Report section of the Village's Benefit Time Request/Absence from Work Report
Form, and give it to the employee's supervisor.
Section 12.4. Limitation on Accumulation of Vacation. Unless written permission is
granted in writing by the Village Manager due to extraordinary circumstances, all of the annual
vacation leave to which an employee is entitled shall expire at the end of that calendar year. The
employee may request and the Village Manager may approve up to one (1) week of unused
vacation leave to be paid out at the end of the year, if the unused vacation is due to extenuating
circumstances.
Section 12.5, Termination. An employee who resigns, with or without notice, or is
discharged,will receive all accumulated Vacation Leave, up to the maximum accrual amounts,
upon separation of employment with the Village. Employees will not be allowed to remain on
the Village's payroll until such leave time has been exhausted. Any accumulated Vacation
Leave will be paid out in a lump sum the pay period following the employee's last day of work.
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ARTICLE XIII
SICK AND EXTENDED ILLNESS LEAVE
Section 13.1 Pur2ose and Allowance. Sick Leave shall only be used for the purpose for
which it was intended,that being to provide an employee protection against loss of pay due to
illness or disability. Sick Leave shall not be considered a privilege which an employee may use
at his discretion, but shall be allowed only in case of necessity and actual sickness or disability of
the employee (for which he is not eligible for workers' compensation benefits), or care of the
employee's immediate family. Sick leave may not be converted into any other form of
compensation, except as provided for in Section 13.2.
Section 13.2. Sick Leave. Full-time regular employees shall be granted eight hours of sick
leave for each full calendar month of employment that an employee is on the active payroll,
provided that the number of sick leave days shall not exceed 180 days at any one time and
employees shall not earn sick leave for any month that an employee uses more than twenty-
four(24)hours of sick time in said month. For the purpose of treating a medical illness or
injury or caring for a medically ill or injured family member it is the policy of the Village to
provide sick leave benefits to allow an employee time away from work specifically for the
purpose of-
1. Actual sickness.
2. Disability of the employee.
3. Because of childbirth by employee or wife.
4. Medical or dental appointments which cannot reasonably be scheduled during
non-working time.
5. Other sickness prevention measures which cannot reasonably be scheduled during
non-working time.
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Effective January 1, 2017, the minimum and maximum of the pay range for the positions
covered by this Agreement shall be increased by 2.0%and shall be in accord with the following:
POSITION MINIMUM MAXIMUM
Part-Time Laborer $13.98/hour $18.87/hour
Maintenance Worker I $48,458 $65,420
Maintenance Worker 11 $53,500 $72,224
Building Maintenance Technician $53,500 $72,224
Mechanic $58,541 $79,028
Water Operator in Charge $58,541 $79,028
Head Mechanic $66,247 $89,432
Section 15.2, Performance Increases. In addition to the automatic annual pay range
adjustments described in Section 15.1, Salaries, employees may receive performance increases
each anniversary year not to exceed the positions maximum for the said year. Salary increases
for performance shall be made using the evaluation form in place on January 1, 2010 in
accordance with the following schedule for the calendar years of 2011 and 2013 (January 1, 2011
to December 31, 2013):
CategorX Percent Increase
Needs Improvement 0.00%
Meets Standards 2.00%
Above Standards 3.00%
Excellent 4.00%
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Salary increases for performance shall be made using the evaluation effective on January 1, 2014
in accordance with the following schedule for the calendar years of 2014, 2015, 2016 and 2017
(January 1, 2014 to December 31, 2017):
Category Percent Increase
Needs Improvement 0.00%
Meets Standards 2.00%
Above Standards 3.00%
Excellent 3.50%
Section 15.3. Grievances Concerning Performance Increases. If an employee
believes that the Village has acted arbitrarily, unreasonably, or discriminatorily with respect
to a performance increase, then the employee may grieve the matter in accordance with the
grievance and arbitration procedure set forth in this Agreement.
Section 15.4. Longevity Pay. Effective January 1, 2010, employees with ten (10) or
more years of Village service as of January 1, 2010, and as of January 1 thereafter, will
receive annual longevity pay in accordance with the following schedule:
Years of Service Longevity Pay Amount
10 years but less than 15 years $400
15 years but less than 20 years $500
20 years or more $600
Section 15.5. Retroactivity. Employees covered by this Agreement who are still on
the active payroll as of the beginning of the next payroll period immediately following
ratification of this Agreement by both parties shall receive a retroactive payment which shall be
based on the difference between the hourly rate they received between January 1, 2013, and the
beginning of said payroll period and the salary they would have received during the same period
of time based on the salary ranges set forth above,provided that any employee who retired after
January 1, 2012, but before this Agreement was ratified by both parties shall also be eligible to
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receive retroactive pay based on the hours paid between January 1, 2013, and the date of
retirement. Such retroactive pay shall be made on an hour for hour basis for all hours paid,
(including overtime hours) since January 1, 2013. Such retroactivity pay shall be paid as soon as
reasonably practicable following ratification of the Agreement by both parties,but in no event
later than sixty(60)days after ratification by the parties.
ARTICLE XVI
INSURANCE
Section 16.1, Dental, Health, Life, and Vision Insurance Coverage. From January 1,
2013 through January 31, 2014, all employees covered under this CBA shall be on the Village's
insurance plans as outlined below.
The Village of Oak Brook's dental, health, life, and vision insurance plans in effect on July 1,
2013 (unless changes are Federally mandated or agreed to), shall be continued; provided,
however, the Village retains the right to add new plans during the term of this Agreement,
change insurance carriers, third party administrators, or to insure as it deems appropriate,
including through a health insurance cooperative or exchange, so long as the new coverage and
new benefits are substantially similar to those which were in effect on July 1, 2013, including the
following:
1. A Section 125 Flex Plan that will enable employees to tax shelter the amount
they pay towards the cost of employee, employee plus one, or family coverage,
as well as tax shelter amounts used to pay for qualified unreimbursed medical
expenses and qualified child care/dependent care expenses, only so long as the
program continues to be authorized by the Internal Revenue Service; and
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2. The Village will continue to offer employees,under the same terms and
conditions that are offered to non-represented Village employees,the opportunity
to participate in the Village's Health Savings Account(HSA)program. The
Village will continue to offer this program only so long as the program is offered
to non-represented Village employees and/or HSA program continues to be
authorized by the Internal Revenue Service; and
3. As part of the Village's wellness benefit,the Village will continue to offer well
adult care (age 14 and up)with the PPO option, which includes 100% in network
coverage for annual physical exams including routine diagnostic tests and
mammograms; 100% in network well child care (to age 14)which includes
physical exams, immunizations and routine diagnostic tests and well baby care at
100%prior to discharge from hospital. The High Deductible PPO adult well care
benefit(age 14 and up) includes one physical exam and one gynecological exam
per calendar year,paid at 100%. Well child care up(to age 14), 100%coverage
for physical exams, immunizations and routine diagnostic tests, including well
baby care at 100%prior to discharge from hospital. HMO wellness benefit
covered at 100%with a$20 office visit co-pay for each visit.
Employees may select single, employee plus one, or family coverage, during the
enrollment period established by the Village. Effective January 1, 2013, employees shall pay
seventeen and one half(17.5)percent of the cost of dental insurance, if selected; and seventeen
and one half(17.5)percent of the cost of PPO health insurance, if selected; or choose to
participate in the same Village HMO or the same Village HD PPO health insurance plans being
offered to non-represented Village employees in which employees shall pay twelve and one half
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(12.5)percent of the cost of HMO health insurance, if selected; or ten (10)percent of the cost of
HD PPO health insurance, if selected. If an employee chooses either the Village's HMO or HD
PPO health insurance options, an employee agrees to the same terms and conditions that are
offered to non-represented Village employees as of July 1, 2013, unless changes are Federally
mandated, agreed to, or are noted within this Agreement.
01/01/2013— 1/31/2014
HMO HD PPO PPO
SINGLE 12.5%of total premium 10%of total premium 17.5%of total premium
No deductible $1,500 individual aggregate $350 individual deductible
$10 Generic;$25 Formulary; deductible;Prescription drugs $10 Generic;$25 Formulary;
$40 Non-formulary;80%Specialty covered at 80%after deductible is $40 Non-formulary;80%
Meds,up to$200/Rx with$1,000 satisfied. Specialty Meds,up to$200/Rx
annual max. with$1,000 annual max.
SINGLE+ONE 12.5%of total premium 10%of total premium 17.5%of total premium
No deductible $3,000 single+ 1 aggregate $700 single+ 1 deductible
$10 Generic;$25 Formulary; deductible;Prescription drugs $10 Generic;$25 Formulary;
$40 Non-formulary;80%Specialty covered at 80%after deductible is $40 Non-formulary;80%
Meds,up to$200/Rx with$1,000 satisfied. Specialty Meds,up to$200/Rx
annual max. with$1,000 annual max.
FAMILY 12.5%of total premium 10%of total premium 17.5%of total premium
No deductible $3,000 family aggregate deductible; $1,050 family deductible
$10 Generic;$25 Formulary; Prescription drugs covered at 80% $10 Generic;$25 Formulary;
$40 Non-formulary;80%Specialty after deductible is satisfied. $40 Non-formulary; 80%
Meds,up to$200/Rx with$1,000 Specialty Meds,up to$200/Rx
annual max. with$1,000 annual max.
Employees will continue to be eligible for a smoking cessation program under the same terms
and conditions that are offered to non-represented Village employees. The Village will continue
to offer a smoking cessation program only so long as it is offered to non-represented Village
employees.
The Village's hospitalization and health insurance program shall include the following
provisions which may be changed from time to time by the Village, so long as such changes are
the same as those applicable to non-represented employees generally:
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4. Effective January 1,2010 through January 31, 2014,the PPO deductible will be
$350 for employee only, $700 deductible for employee plus one coverage, and
$1,050 deductible for family coverage.
5. A maximum lifetime amount per covered person for orthodontia of$3,000 until
January 31, 2014.
6. Effective January 1,2013 through January 31, 2014, a prescription drug benefit
for the PPO and HMO plans with an employee co-pay of$10 for Generic drugs,
$25 for Brand Formulary Drugs and$40 co-pay for Brand Non-Formulary
Drugs, and 80%for specialty medications with a maximum out of pocket of$200
per prescription, maximum annual out of pocket of$1,000. Mail order
Prescription Drug benefit-provides up to a 90-day supply of maintenance drugs
used on a continuous basis for two (2)times the retail co-pays. Oral
contraceptives are covered by mail order only. Prescription drugs are covered at
80%after the deductible is satisfied with the HD PPO.
7. During the term of this Agreement the Village agrees to offer employees, under
the same terms and conditions that are offered to non-represented Village
employees,the opportunity to participate in the Village's vision insurance. The
Village will continue to offer vision insurance only so long as vision insurance is
offered to non-represented Village employees.
The Employer and the Union agree that the bargaining unit employees will not be covered under
the Employer's group health, dental, and vision plans for the contract period of February 1, 2014
through December 31, 2017. Bargaining unit employees instead shall be covered for group
health, dental, and vision insurance purposes under the Union's insurance plan(called "the
Union's Plan"). In doing so,the Union recognizes that these employees will have no right to re-
entry into the Employer's group health, dental and vision insurance plans during this contract
period.
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Effective February 1, 2014 through December 31, 2014,the Employer agrees to pay, for each
employee electing coverage, $1,600 for family coverage or$550 for single coverage on a
monthly basis towards the Union's health, dental, and vision insurance benefit for eligible
bargaining unit employees. The Employer agrees to an increase in total premium that is
substantiated by the Union effective January 1, 2015, not to exceed $75 per month for family
coverage and $35 per month for single coverage. The same shall apply for January 1, 2016 and
January 1, 2017.
Employees on unpaid leave of absence of fourteen(14) calendar days or more or serving an
unpaid suspension over fourteen(14) calendar days shall be responsible for 100%(or a pro-rated
amount for time greater than 14 days, but less than 30 days) of their insurance coverage under
COBRA plus applicable administrative fees. The only exceptions are unpaid leaves of absences
where the Employer may be obligated under federal or state law to continue its payment of
insurance premiums, such as under the Family and Medical Leave Act(FMLA).
Bargaining unit members must notify the Human Resources staff in writing of any changes in
life status that may impact whether the employee has dependent insurance coverage, such as
marriage, birth, adoption, death, divorce, legal separation, dependent(s)reaching limiting age,
etc. Such notice must be received by the Human Resources Generalist or Assistant Village
Manager within thirty-one (3 1)days of the event occurring. Failure to notify the Human
Resources Generalist or Assistant Village Manager in writing on a timely basis of life status
changes shall result in the employee being responsible for the payment of the premiums or
claims paid for an ineligible participant, and/or in denial of coverage by the insurance carrier of
plan sponsor.
The Union is solely responsible for the administration of COBRA, HIPPA and other applicable
federal and state mandates and fees for the Union's insurance plans. In order for the Union to
offer coverage under the COBRA, HIPPA, or other applicable federal or state mandates, the
employee must notify the Union's Plan of the applicable change in life status in accordance with
the union Plan's requirements. Failure by the employee to notify the Union on a timely basis of
life status changes shall result in the employee being responsible for payment of the premium's
and/or claims paid for an ineligible participant, and/or in denial of coverage by the insurance
carrier or plan sponsor.
The Union recognizes that all health, dental and vision insurance claim inquires, complaints, and
grievances are not the responsibility of the Employer. The extent and scope of coverage under
the union's Plan shall be resolved according to the terms and conditions of the said plan and shall
not be subject to the grievance procedure of the parties' collective bargaining agreement. As
long as the Employer makes timely payment for the coverage of eligible bargaining unit
employees under the Union's Plan as provided above, the Union shall indemnify and hold
harmless the Village of Oak Brook, its members, officers, agents, and employees from and
against any and all claims, demands, actions, complaints, suits, or other forms of liability
(monetary or otherwise)that arise out of or by reason of the Employer's agreement to pay for
insurance coverage for bargaining unit employees under the Union's Plan.
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Section 16.2, Cost Containment. The Village reserves the right to maintain or institute
cost containment measures relative to hospitalization and medical insurance coverage so long as
the benefits and coverage are not reduced thereby except for failure to comply with reasonable
cost containment procedures. Such measures may include, but are not limited to, mandatory
second opinions for elective surgery, pre-admission and continuing admission review, managed
care, prohibition on weekend admissions except in emergency situations, bounty clause, and
mandatory out-patient elective surgery for designated surgical procedures.
Section 16.3, Terms of Policies to Govern. The interpretation by the insurance
company/third party administrator of the extent of coverage under the Village of Oak Brook's
dental, and/or health, and/or life and/or vision plans shall be governed by the terms and
conditions set forth in said plans. Any dispute concerning the correctness of the insurance
company's/third party administrator's interpretation of coverage under said plan and/or the
declination of benefits thereunder, in whole or in part, shall not be subject to the grievance
procedure set forth in this Agreement. Nothing herein shall be interpreted to waive any right
which any covered person may otherwise have to seek legal redress for denial of coverage and/or
benefits under said plan.
Section 16.4, Right to Maintain Coverage While on Unpaid Leave or on Layoff. Except
as provided in Section 14.8 (Maternity Leave) or Section 14.9 (Paternity Leave)or as required
by applicable State or federal law, an employee who is on an approved unpaid leave of absence
or who is on layoff with recall rights shall have the right to maintain insurance coverage by
paying monthly in advance the full applicable monthly premium for employee coverage and, if
desired, for employee plus one or family coverage.
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Section 16.5, Term Life Insurance. Within 30 days of the execution of this Agreement
each employee covered by this Agreement shall be provided with term life insurance coverage in
the amount of$100,000. The Village continues to retain the right to change carriers and/or self-
insure this benefit. Additionally, each employee's spouse and dependents are also eligible for
voluntary life insurance.
Section 16.6, Retiree Health Insurance. Throughout the term of the parties' collective
bargaining agreement and for so long as required by law, the Union and the authorized Trustees
of the Union's Plan represent and agree that they will comply with all applicable laws to ensure
that the Union's Plan offered to bargaining unit employees includes retiree health insurance to
covered bargaining unit employees sufficient to satisfy the obligations of both the Village of Oak
Brook and the Union as required by applicable law, including the Municipal Employees'
Continuous Coverage Privilege, 215 ILCS 5/367. Nothing herein shall be constructed to require
the Village to pay for any of the cost of the Union's Plan for retirees.
ARTICLE XVII
SAFETY
Section 17.1, 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. Employees are also required to comply with all safety
rules and directives as they may be modified from time to time.
Section 17.2, 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
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discontinued. Ongoing concerns should be addressed at the first available Labor-Management
Conference.
ARTICLE XVIII
UNIFORMS
Section 18.1, Uniforms and Protective Clothing. The Village will supply all Public
Works employees with uniforms, eleven(11)pants, and eleven (11) shirts. Uniforms are to be
laundered and maintained by an outside contractor paid for by the Village. The Village will
supply six(6)Brite lime T-shirts per employee (except Mechanics)and six (6)Navy blue T-
shirts will be supplied by the Village for each of the Mechanics. All T-shirts will have the
Village logo silk screened on the right front chest. All sweatshirts will have the Village logo and
the employee's first name embroidered on the front. The Village will reimburse up to $50 for
each employee one (1)Village approved ANSI Class 3 compliant Hi-Vis Lime coats every year,
the Village will supply two(2) "Carhartt"heavyweight zip front thermal lined(Navy blue or
Brite Lime High Visibility Class 3 compliant) sweatshirts every two (2)years, and the Village
will reimburse up to $80 for one (1)"Carhartt" (Duck Brown, Black for Mechanics)coveralls or
bibs every three (3) years. Employees must wear the newly purchased above items at work. The
coats, sweatshirts and coveralls are to be clean and presentable, laundered, and maintained by the
employee. The Village will reimburse up to $160.00 every year for prescription safety glasses.
(Employees must show proof that the glasses are prescription safety glasses in order to be
reimbursed.) The Village will reimburse up to $30.00 for each employee annually for work
gloves,the Village will pay 100%for all required PPE safety equipment, Class 3 compliant rain
gear, bunker boots, hip boots. All equipment shall be replaced upon damage or wear and tear.
The employee must turn in the damaged items to be replaced.
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All employees must wear such work uniforms or protective clothing as designated by the
Director of Public Works or his designee. Employees shall be required to care for and maintain
their uniforms and protective clothing and will be responsible for the return of the uniforms,
equipment and protective clothing purchased by the Village in good condition, less normal
depreciation. Employees who lose such items or who negligently or intentionally damage such
items may be required to replace such items at their own expense.
Village approved shorts may be worn between the months of June and September under
the following conditions instead of uniform pants:
• Shorts must be purchased and maintained by the employee
• Shorts material must be blue denim or dark blue uniform pant type material
• Pant legs must be hemmed no shorter than 3 inches above the knee
• Shorts must always be clean and presentable with no tears or holes
Shorts may not be worn while conducting the following job tasks*:
• Tree and brush trimming and removal
• Brush chipper operation
• Chainsaw operation
• Welding or using the cutting torch
• Spraying herbicides or pesticides
*Additional tasks may be added to the above list with Union approval.
Section 18.2, Work Boots. Each employee covered by this Agreement shall be
reimbursed,upon production of the appropriate receipts, up to $175 per fiscal year towards the
purchase of safety shoes of a type designated by the Village (e.g., safety toed and ANSI rated).
All employees are required to wear work boots of a type designated by the Village while
working. Employees must wear the newly purchased safety shoes at work.
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ARTICLE XIX
MISCELLANEOUS
Section 19.1, Gender of Words. The masculine gender as used herein shall be deemed to
include the feminine gender, unless the feminine gender is clearly inappropriate in the context of
the provisions(s) concerned.
Section 19.2,Ratification and Amendment. This Agreement shall become effective when
ratified by the Union and the Village Board and signed by authorized representatives thereof and
may be amended or modified during its term only with mutual written consent of both parties.
Section 19.3, Physical/Psychological Examinations. If, at any time,there is any question
concerning an employee's fitness for duty or fitness to return to duty following an absence,the
Village may require, at its expense that the employee have a physical examination and/or
psychological examination by a qualified and licensed medical professional selected by the
Village.
Section 19.4,Drug and Alcohol Testing. The drug and alcohol policy, in effect for all
bargaining unit employees is set forth in Appendix B, attached hereto and made a part thereof.
Section 19.5, Telephone Usage. Every employee must always comply with all local,
county, State, and Federal laws regarding telephone usage.
Section 19.6, Use of Work Facilities. Except as follows, all Village facilities, equipment,
tools and/or vehicles are to be used for Village purposes only. Upon advance request and
assuming the equipment is available to be borrowed, employees may sign out in writing small
tools and equipment as defined and allowed by the Public Works Director for personal use only.
Approval to sign out such equipment shall be conditioned upon the employee having sufficiently
demonstrated to the Village his ability to utilize the equipment at issue safely, and his warranting
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in writing that: (i)the employee alone will use the equipment; (ii)the equipment will only be
used for personal purposes not related to the performance of any services for any compensation
whatsoever; (iii)the employee waives,releases, indemnifies, defends and holds harmless the
Village and its officials, representatives and agents from any and all claims, demands, suits or
other forms of liability(monetary or otherwise, including workers' compensation liability) and
for all legal costs resulting from any claims that may result from the employee's use of said
equipment, regardless of whether such claims allegedly are due to the fault of the employee or
the Village or its employees; and(iv)the employee will pay the cost or replacing or fixing the
equipment if it is damaged or broken while in his care.
Section 19.7, Ready To Work. Employees shall report to work dressed and prepared to
start work at the designated starting time (the beginning of the employee's shift).
Section 19.8, Subcontracting. It is the general policy of the Village to continue to utilize
its employees to perform work they are qualified to perform. However,the Village reserves the
right to contract and/or subcontract out any work it deems necessary. Except where an
emergency situation (including natural and/or man-made disasters) exists,before the Village
contracts out work in a general area,where such contracting out would result in the layoff of any
bargaining unit employees,the Village will notify the Union and offer the Union an opportunity
to meet and discuss the matter at least thirty(30) days before the date an existing bargaining unit
employee is laid off, i.e., removed from the active payroll, as a direct result of such contracting
out. Such discussion may include, among other items,the relative economic costs and the effects
of such action upon bargaining unit employees who may be laid off as a result of such
contracting, including means by which to minimize the impact on employees. If after such
discussion, a bargaining unit employee is laid off, the Village shall meet and negotiate the effects
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of the layoff with the Union. However,the impact and effects negotiations shall not delay the
layoff itself.
Section 19.9, Personnel Policies. Employees shall be governed by the Village's and
Department's personnel policies and rules and regulations as they may from time to time be
amended,to the extent they do not conflict with this Agreement.
Section 19.10, Employee Discipline. The Employer agrees with the tenets of progressive
and corrective discipline and that it shall be imposed only for just cause for non-probationary
employees. Discipline shall include but not be exclusive of the following progressive steps of
priority:
(A) Oral warning with documentation of such filed in the employee's personnel file;
(B) Written reprimand with copy of such maintained in the employee's personnel file;
(C) Suspension without pay with documentation of such maintained in the employee's
personnel file, with copy sent to the Union office;
(D) Discharge with documentation of such maintained in the employee's personnel
file, with copy sent to Union office.
However,the Employer shall retain the right to skip one or more levels of discipline, so
long as surrounding circumstances reasonably warrant.
Section 19.11,Right to Representation. Employees shall have a right to request and upon
request of the employee, have a Union Steward present during an investigatory interview that the
employee reasonably believes may lead to disciplinary action.
Section 19.12, Outside Employment. Employees should consider their position with the
Village as their primary employment. Prior to accepting or commencing any secondary
employment or business venture, employees shall notify in writing the Public Works Director or
designee. Such notice shall cite all of the facts of such employment or business venture
including location, hours, days and type. Employees engaged in outside work or employment
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are to advise the Village of how they can be reached in the event the Village needs to reach them.
Outside work or employment shall not affect the quality or quantity of the employee's work for
the Village,prevent the employee from devoting his primary interest to the accomplishment of
his work for the Village, or tend to create a conflict, or the appearance of a conflict,between the
private interest of the employee and the employee's official responsibility to the Village.
Furthermore, outside employment shall not interfere with the employee's working hours,
overtime requirements, or response to emergency calls. Employees are prohibited from entering
into any arrangement which involves the performance of service while on Village time, on paid
time off(other than paid vacation, holiday leave, or compensatory time off) or while using
Village equipment, facilities,uniforms or supplies. No employee shall receive compensation or
any other form of remuneration other than from the Village for the performance of services while
on Village time.
If an employee suffers an injury or illness during or resulting from an outside
employment activity,the Village will not be responsible for any Workers' Compensation
benefits, and such medical treatment may not be covered under the Village's group health
insurance plan.
Section 19.13, Personnel Records. An employee shall be provided with access to his or
her personnel record in accordance with the Illinois Personnel Record Review Act, as amended,
820 ILCS 40/.01.
Section 19.14, Mileage Reimbursement. Employees shall be reimbursed at the applicable
IRS reimbursement rate per mile for preapproved use of their personal vehicle for Village
business.
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Section 19.15, Restricted Duty. The Village may require an employee who is on
Worker's Compensation leave (as opposed to disability pension)to return to work in an available
restricted duty assignment that the employee is qualified to perform, provided the Village's
physician has determined that the employee is physically able to perform the restricted duty
assignment in question without significant risk that such return to work will aggravate any
pre-existing injury and that there is a reasonable expectation that the employee will be able to
assume full duties and responsibilities within three months.
An employee who is on Worker's Compensation leave (as opposed to disability pension)
has the right to request that he be placed in an available restricted duty assignment that the
employee is qualified to perform and such a request shall be reasonably granted, provided that
the Village's physician (or the employee's physician at the Village's option) has reasonably
determined that the employee is physically able to perform the restricted duty assignment in
question without significant risk that such return to work will aggravate any pre-existing injury
and that there is a reasonable expectation that the employee will be able to assume full duties and
responsibilities within three months.
If an employee returns or is required to return to work in a restricted duty assignment and
the employee is unable to assume full duties and responsibilities within three months thereafter,
the Village retains the right to place the employee on unpaid disability leave.
Nothing herein shall be construed to require the Village to create restricted duty
assignments for an employee. Employees will only be assigned to restricted duty assignments
when the Village at its sole discretion determines that the need exists and only as long as such
need exists.
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Section 19.16, License Renewal. The Village shall reimburse employee's the cost to
renew an existing license or certification,which the employee is required to carry as part of their
employment. Including, but not limited to ASE, CDL (not the DL portion), Illinois Department
of Agriculture Pesticide General Standard, and EPA class C Public Water Supply Operator.
ARTICLE XX
NON-DISCRIMINATION
Section 20 1 Prohibition Aizainst Discrimination. Neither the Village nor the Union shall
discriminate against any employee because of race, creed, color, sex, national origin, sexual
preference, age or political affiliation and/or beliefs. Employees are encouraged to promptly
report any perceived discrimination to the Public Works Director,the Village Manager's Office,
or their respective designees. Provided, however,that any dispute concerning the interpretation
and application of this paragraph shall be processed through the appropriate federal or state
agency or court rather than through the grievance procedure set forth in this Agreement.
Section 20.2, Union Activity. The Employer and the Union agree that no employee shall
be discriminated against, intimidated,restrained or coerced in the exercise of any rights granted
by this Agreement, or on account of membership or non-membership in, or lawful activities on
behalf of the Union.
ARTICLE XXI
FILLING OF VACANCIES
Section 21.1, Posting. Whenever the Village determines there is a vacancy in an existing
job classification or that a new 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.
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Section 21.2,Filling of Vacancies. When vacancies occur in the bargaining unit,the
Village may, at the Village's discretion, fill those vacancies by employing the most senior
employee who meets the qualifications for the position, or could become qualified with a
reasonable period of training.
ARTICLE XXII
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 for the duration of this Agreement. The subject matter of such invalid provision shall
be open for negotiations over a substitute for the invalidated Article, Section or portion thereof if
requested by either party in writing within thirty(30) days after the date the Article, Section or
portion thereof was invalidated.
ARTICLE XXIII
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement between the parties, and
concludes collective bargaining between the parties for its term. The parties acknowledge that,
during the negotiations which resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject or matter not removed
by law from the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Except as may be stated in this Agreement, each party voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain collectively with
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respect to any subject or matter referred to,or covered in this Agreement or with respect to any
subject or matter not specifically referred to or covered in this Agreement,provided that such
subject or matter was reasonably within the knowledge or contemplation of the parties at the
time this Agreement was executed.
ARTICLE XXVI
DURATION AND TERM OF AGREEMENT
This Agreement shall be effective as of the day after the contract is executed by both
parties and shall remain in full force and effect until 11:59 p.m. on the 31St day of December,
2017. It shall be automatically renewed from year to year thereafter unless either party shall
notify the other in writing at least sixty(60) days prior to the anniversary date that it desires to
modify this Agreement. In the event that such notice is given,negotiations shall begin no later
than sixty(60)days prior to the anniversary date.
Notwithstanding any provision of this Article or Agreement to the contrary,this
Agreement shall remain in full force and effect after the expiration date and until a new
agreement is reached unless either party gives at least ten(10) days' written notice to the other
party of its desire to terminate this Agreement,provided such termination date shall not be before
the anniversary date set forth in the preceding paragraph.
Executed this3 r day of 16A Lt ,2014.
VILLAGE OF OAK BROOK INTE IONAL UN N OF
_ OPE T G ENGIN RS,LOCAL 150 ti
By By
B B
y
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