COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEES DIVISION AND VILLAGE OF NILES

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEES DIVISION AND VILLAGE OF NILES MAY 1, 2016 THROUGH APRIL 30, 2018

2 TABLE OF CONTENTS ARTICLE I RECOGNITION... 1 SECTION 1.1: RECOGNITION... 1 SECTION 1.2: NEW CLASSIFICATIONS... 2 ARTICLE II UNION RIGHTS... 3 SECTION 2.1: UNION ACTIVITY DURING WORKING HOURS... 3 SECTION 2.2: TIME OFF FOR UNION ACTIVITIES... 3 SECTION 2.3: UNION BULLETIN BOARD... 3 ARTICLE III UNION DUES/FAIR SHARE CHECK OFF... 4 SECTION 3.1: DEDUCTIONS... 4 SECTION 3.2: FAIR SHARE... 4 SECTION 3.3: APPEAL PROCEDURE... 5 SECTION 3.4: HOLD HARMLESS/UNION INDEMNIFICATION... 5 ARTICLE IV MANAGEMENT RIGHTS... 6 ARTICLE V NO STRIKE/NO LOCKOUT... 7 SECTION 5.1: COMMITMENT... ;... 7 SECTION 5.2: RESUMPTION OF OPERATIONS AND UNION LIABILITY... 7 SECTION 5.3: DISCIPLINE OF STRIKERS... 8 ARTICLE VI HOURS OF WORK AND OVERTIME... 8 SECTION 6.1: NORMAL WORKDAY AND WORKWEEK... 8 SECTION 6.2: LUNCH/REST PERIODS... 9 SECTION 6.3: MANDATORY REST PERIOD... 9 SECTION 6.4: OVERTIME COMPENSATION... 9 SECTION 6.5: OVERTIME DISTRIBUTION SECTION 6.6: CALLBACK SECTION 6.7: ON-CALL ASSIGNMENTS/PAGER PAY SECTION 6.8: COMPENSATORY TIME OFF ARTICLE VII SENIORITY SECTION 7.1: SENIORITY DEFINED SECTION 7.2: SENIORITY LOSS SECTION 7.3: SENIORITY LIST SECTION 7.4: PROBATIONARY EMPLOYEES ARTICLE VIII LAYOFF AND RECALL SECTION 8.1: DEFINITION AND NOTICE SECTION 8.2: GENERAL PROCEDURES SECTION 8.3: RECALL OF LAID-OFF EMPLOYEES ARTICLE IX DISCIPLINARY PROCEDURES SECTION 9.1: EMPLOYEE DISCIPLINE SECTION 9.2: RIGHT TO REPRESENTATION... 23

3 ARTICLE X GRIEVANCE PROCEDURE SECTION 10.1: GRIEVANCE DEFINED SECTION 10.2: PROCESSING OF GRIEVANCE SECTION 10.3: GRIEVANCE STEPS SECTION 10.4: GRIEVANCE FORMS SECTION 10.5: SETTLEMENTS AND TIME LIMITS SECTION 10.6: UNION STEW ARDS ARTICLE XI HOLIDAYS/ PERSONAL TIME SECTION 11.1: GENERAL INFORMATION SECTION 11.2: SPECIFIC APPLICATIONS SECTION 11.3: HOLIDAY PAY SECTION 11.4: PERSONAL DAYS ARTICLE XII VACATIONS SECTION 12.1: VACATION ACCRUAL SECTION 12.2: VACATION USAGE SECTION 12.3: VACATION PAY ARTICLE XIII SICK LEAVE/OTHER ABSENCES SECTION 13.1: FAMILY AND MEDICAL LEAVES OF ABSENCE SECTION 13.2: DISCRETIONARY LEAVES OF ABSENCE SECTION 13.3: PREGNANCY RELATED ABSENCES SECTION 13.4: SICK LEAVE USE ARTICLE XIV LEAVES OF ABSENCES SECTION 14.1: DISABILITY LEAVE SECTION 14.2: FUNERAL LEAVE SECTION 14.3: JURY DUTY LEAVE SECTION 14.4: MILITARY LEAVE ARTICLE XV INSURANCE SECTION 15.1: HEALTH INSURANCE SECTION 15.2: LIFE INSURANCE SECTION 15.3: WORKERS' COMPENSATION INSURANCE ARTICLE XVI SAFETY AND EDUCATION SECTION 16.1: COMPLIANCE WITH LAWS SECTION 16.2: UNSAFE CONDITIONS SECTION 16.3: EMPLOYEE TRAINING AND EDUCATION COMPENSATION SECTION 16.4: CDL LICENSES SECTION 16.5: EDUCATIONAL INCENTIVE ARTICLE XVII LABOR-MANAGEMENT MEETINGS SECTION 17.l: LABOR-MANAGEMENT MEETINGS SECTION 17.2: PURPOSE... 43

4 ARTICLE XVIII SUBCONTRACTING ARTICLE XIX UNIFORMS AND EQUIPMENT SECTION 19.1: UNIFORMS/BOOTS SECTION 19.2: TOOL ALLOWANCE ARTICLE XX PERSONNEL RECORDS SECTION 20.1: PERSONNEL RECORDS ARTICLE XXI NON-DISCRIMINATION SECTION 21.1: PROHIBITION AGAINST DISCRIMINATION SECTION 21.2: UNION ACTIVITY ARTICLE XXII WAGES SECTION 22.1: WAGE RATES SECTION 22.2: SERVICE WORKER I to SERVICE WORKER II SECTION 22.3: LONGEVITY PAY SECTION 22.4: TEMPORARY ASSIGNMENT PAY SECTION 22.5: CERTIFICATION INCENTIVE ARTICLE XXIII FILLING OF VACANCIES SECTION 23.1: POSTING SECTION 23.2: FILLING OF VACANCIES SECTION 23.3: CROSS TRAINING ARTICLE XXIV DRUG AND ALCOHOL POLICY ARTICLE XXV EXISTING BENEFITS ARTICLE XXVI SAVINGS CLAUSE ARTICLE XXVII ENTIRE AGREEMENT ARTICLE XXVIII DURATION AND TERM OF AGREEMENT APPENDIX A APPENDIX B APPENDIX C APPENDIX Cl SIDE BAR LETTER DEFINING NON-BARGAINING EMPLOYEES FOR THE PURPOSE OF SECTION 22.1 WAGE RATES SIDE BAR LETTER ON THE FF OR KK STEP PAY INCREASE... 66

5 PREAMBLE The Parties recognize that it is important to the public welfare that high quality and dependable Public Services for operation and maintenance of the Village's infrastructure are maintained consistent with the resources available for that purpose. The Parties further recognize that it is vital that such services be provided on an uninterrupted basis to the residents and business community of the Village. In order to establish harmonious employment relations through a mutual process, to provide fair and equitable treatment to all employees, to promote the quality and continuance of public service, to achieve full recognition for the value of employees and the vital and necessary work they perform, to specify wages, hours, benefits and working conditions, and to provide for the prompt and equitable resolution of disputes, the parties agree as follows: AGREEMENT This Agreement has been made and entered into by and between the Village of Niles, Illinois, (hereinafter referred to as the "Village") and the International Union of Operating Engineers, Local 150, Public Employees Division (hereinafter referred to as the "Union"), on behalf of certain employees described in Article I. ARTICLE I RECOGNITION SECTION 1.1: RECOGNITION The Village recognizes the Union as the sole and exclusive bargaining representative in all matters establishing and pertaining to wages and salaries, hours, working conditions and other conditions of employment on which it may lawfully bargain collectively for employees within the following collective bargaining unit, as certified by the Illinois State Labor Relations Board:

6 **INCLUDED All full-time employees of the Village of Niles in the following classifications: Service Worker I and II, Water Plant Operator and Mechanic. **EXCLUDED All other employees of the Village of Niles and all supervisors, managerial and confidential employees as defined by the Act. SECTION 1.2: NEW CLASSIFICATIONS The Village shall notify the Union within fifteen (15) working days of its decision to implement any and all new classifications pertaining to work of a nature performed by employees within the bargaining unit. In the event the Village establishes new classifications, there will be a meeting for the purpose of establishing such classifications and rates by mutual agreement. Where agreement is not reached by the time work must be started, the Village may start work at the rate it believes proper. If the rate mutually agreed on or resulting from arbitration differs from that initially established by the Village, such rate shall be retroactive to the start of work in the new classification. If the parties fail to agree on such a rate within thirty (30) days of the start of work in the classification, the Union may appeal directly to arbitration within the next thirty (30) consecutive calendar days. The sole issue before the arbitrator should be whether the rate established by the Village is unreasonable. Nothing in this Section shall limit or preclude the Employer's right to modify or eliminate job classifications and requirements of those classifications as provided in this Agreement. 2

7 ARTICLE II UNION RIGHTS SECTION 2.1: UNION ACTIVITY DURING WORKING HOURS The Parties acknowledge the general principle that working time is for working. The Union Steward or his/her designee(s) shall ask for and obtain permission before leaving his/her job in order to attend meetings with management or supervisors scheduled on working time for the purpose of discussing discipline, grievances, or the administration of this Agreement. Authorized agents of the Union shall have reasonable access to the Village's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, provided however, there is no interruption of the Village's working schedule upon advance approval of the Village. Such approval will not be unreasonably withheld SECTION 2.2: TIME OFF FOR UNION ACTIVITIES Two (2) Union Stewards shall be allowed time off without pay for up to one (1) week per calendar year for legitimate Union business, such as Union meetings and State or International conventions, provided such representative gives reasonable prior notice to his/her supervisor of such absence and so long as such time off does not substantially interfere with the Village's operating needs. The employee may utilize any accumulated time off (Holiday, Personal, Vacation Days, etc.) in lieu of the employee taking such time off without pay. SECTION 2.3: UNION BULLETIN BOARD The Village shall provide a Union bulletin board near the time clock in both work locations. The board(s) shall be for the sole and exclusive use of the Union. Items or information shall not be posted which are political, partisan, defamatory, or inflammatory in 3

8 nature. A copy of each posting shall be provided to the Director of Public Services prior to posting. ARTICLE III UNION DUES/FAIR SHARE CHECK OFF SECTION 3.1: DEDUCTIONS The Village agrees to deduct from the pay of those employees who are Union members any or all of the following: (A) (B) Union membership dues, assessments, or fees; Union sponsored credit and other benefit programs. Requests for any of the above shall be made on a form provided by the Union and shall be made within the provisions of the State salary and annuity withholding Act and/or any other applicable State statute. Upon receipt of an appropriate written authorization from an employee, such authorized deductions shall be made in accordance with the law and shall be remitted to the Union on a biweekly basis at the address designated in writing by the Union. If an employee has no earnings or insufficient earnings to cover the amount of the dues deduction, the Union shall be responsible for the collection of dues. The Union shall advise the Village of any increases in dues or other approved deductions in writing at least thirty (30) days prior to its effective date. The Union shall certify the current amount of Union deductions. SECTION 3.2: FAIR SHARE Pursuant to Section 3(G) of the Illinois State Labor Relations Act and amendments thereto, employees covered by this Article who are not members of the Union or do not make application for membership, shall be required to pay, in lieu of dues, their proportionate fair 4

9 share of the collective bargaining process, contract administration and the pursuance of matters affecting wages, hours, terms and conditions of employment, as certified by the Union. The proportionate fair share payment, with a letter of explanation as to that fair share payment, as ce1tified to be current by the Union pursuant to the Illinois State Labor Relations Act, shall be deducted by the Village from the earnings of the non-member employee each pay period. The amount of the above employee deductions shall be remitted to the Union after the deduction(s) is/are made by the Village with a listing of the employee, social security number, address and the individual employee deduction(s), along with deductions remitted pursuant to this Article. If an employee has no earnings or insufficient earnings to cover the amount of the fair share deduction, the Union shall be responsible for collection of fair share fees. SECTION 3.3: APPEAL PROCEDURE The Union agrees to provide fair share payers with an appeal procedure in accordance with applicable law. SECTION 3.4: HOLD HARMLESS/UNION INDEMNIFICATION The Union shall indemnify, defend and hold harmless the Village, its elected officials, officers, administrators, agents and employees from and against any and all responsibility, claims, demands, actions, complaints, suits or other forms of liability that may arise out of or by reason of any action taken or not taken by the Village in connection with the collection and disbursement of monies, and other compliance with this Article and Agreement, or in reliance on any written check-off authorization which is furnished by the Union. If any improper deduction is made, the Union shall refund directly to the employee any improper amount received. 5

10 ARTICLE IV MANAGEMENT RIGHTS Except as specifically limited by the express provisions of the Agreement, the Village retains all traditional rights to manage and direct the affairs of the Village of Niles in all of their various aspects and to manage and direct employees, including the following: to determine the mission of the Village and its various departments; to determine the number and location of facilities and offices as well as the staffing and equipment for such offices and facilities; to determine whether and to what extent it will contract and/or subcontract for the provisions of any services and upon what terms and conditions such contracts will be entered into, pursuant to this Agreement; to plan, direct, control and determine all the operations and services of the Village and its various departments; to supervise and direct the working forces; to assign and transfer employees; to establish the qualifications of employment; determine the number of employees, and to employ employees; to schedule and assign work; to establish performance standards and objectives and from time to time, to change those standards; to assign ove1iime; to determine the methods, means, organization and number of personnel by which such operations and services shall be provided or purchased; to make, alter and enforce various reasonable rules, regulations, safety rules, orders, procedures and policies; to evaluate employees; to discipline, demote, suspend and discharge employees for just cause (probationary employees without just cause); to change, alter, modify, substitute or eliminate existing methods, equipment, uniforms or facilities; to hire employees and to promote employees; to lay off employees when necessary; to establish dress and appearance standards; to determine and establish, change, combine or abolish positions and job classifications pursuant to this Agreement; and to determine the duties, responsibilities and work assignments of any position or job classification; provided, that the exercise of such management rights by the Village shall not conflict with the provisions of this Agreement. The 6

11 Village expressly reserves the right under this Agreement to exercise all management rights set forth in Section 4 of the Illinois Public Labor Relations Act. In addition, the Village may establish all reasonable requirements, rules, policies and procedures for newly hired employees during their probationary period. Inherent managerial functions, prerogatives and policy-making rights, whether listed above or not, shall remain vested exclusively with the Village. The Parties agree that the rule, policy, requirement and/or procedure shall be considered reasonable fourteen (14) days after it is received by the Union, unless protested in writing prior thereto by the Union. ARTICLE V NO STRIKE/NO LOCKOUT SECTION 5.1: COMMITMENT Neither the Union nor any employees covered by this Agreement, agents or employees of the Union, will call, initiate, authoriz~, participate in, sanction, encourage or ratify any strike, sympathy strike, slowdown, work stoppage, picketing or concerted interference with any matters involving the Village or its agents, regardless of the reason for so doing. No employee of the Village covered by this Agreement shall refuse to enforce or carry out lawful orders and directives of the Village arising from or related to the performance of functions even if there is a labor dispute involving other persons or other business entities; the only exception is in the event of abnormally dangerous conditions as defined at law. The Village agrees not to lockout employees during the term of this Agreement. SECTION 5.2: RESUMPTION OF OPERATIONS AND UNION LIABILITY In the event of action prohibited by Section 5. I above, the Union and any stewards appointed under this Agreement immediately shall disavow such action and request the 7

12 employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. SECTION 5.3: DISCIPLINE OF STRIKERS Any employee who violates the provisions of Section 5.1 above shall be subject to discipline, including immediate discharge. The Village and the Union retain all rights set forth in Section 17 of the Illinois Public Labor Relations Act. ARTICLE VI HOURS OF WORK AND OVERTIME SECTION 6.1: NORMAL WORKDAY AND WORKWEEK (A) The normal workday for bargaining unit employees is eight (8) hours and the normal workweek is forty ( 40) hours. (B) Normal Working Hours 1. Except as set forth herein, the normal working hours for bargaining unit employees are 7:00 a.m. to 3:30 p.m., Monday through Friday. Day Shift Bus Mechanic - 5:30 a.m. to 2:00 p.m. Monday through Friday Second Shift Mechanics - 9:00 a.m. to 5:30 p.m. Monday through Friday Weekend Mechanics - 8:30 a.m. to 5:00 p.m. All other mechanics shall work 7:00 a.m. to 3:30 p.m., Monday through Friday and shall be compensated at the appropriate rate (including overtime if applicable) when covering any Pace Bus shift that falls outside of the employee's normal working hours. 8

13 SECTION 6.2: EMPLOYEES SHALL BE REQUIRED TO REPORT TO WORK, READY FOR WORK AND AT THE WORKPLACE AT THE BEGINNING OF EACH SHIFTLUNCH/REST PERIODS (A) Employees shall be granted a thitiy (30) minute paid break in the morning, inclusive of cleanup/drive time. (B) Employees shall be granted a thirty (30) minute unpaid lunch period during each workday generally near the midpoint of each day. Where the requirements of the job dictate that employees work through their lunch period, employees shall be permitted to leave work fotiy-five minutes early, take lunch at a later time or shall be compensated at the appropriate rate of ove1iime with the approval of the appropriate manager. (C) Due to health and safety concerns, the mechanics shall be permitted ten (10) minutes of wash up/clean up time prior to the commencement of their lunch period and five (5) minutes of wash up/clean up time prior to the commencement of their break period. SECTION 6.3: MANDATORY REST PERIOD Unless an Employee agrees otherwise, Employees will not be required to work more than sixteen (16) hours in a twenty-four (24) hour period without being allowed an eight (8) hour rest period. SECTION 6.4: OVERTIME COMPENSATION The compensation paid to employees for overtime work shall be as follows: (A) A bargaining unit employee shall be paid at one and one-half his/her regular hourly rate of pay when required to work outside of his/her scheduled normal work day or scheduled normal work week, as defined in Section 9

14 6.1 above. Employees shall receive two (2) times his/her regularly hourly rate of pay for all hours worked on Sundays (Beginning 12:00a.m. and ending at 11 :59p.m. Sunday). (B) Mechanics scheduled to work Sunday shall receive double time for all work performed on Saturday. The weekend mechanic working on Saturday and Sunday shall receive double time for all work performed on Tuesday. (C) Time paid for but not worked shall be counted as "hours worked" for purposes of computing overtime compensation. (D) Nothing herein shall be construed to require or permit the pyramiding of ove1time. (E) For the purposes of this Agreement the phrase "regular hourly rate of pay" means an employee's regular base rate plus longevity pay. (F) All bargaining unit employees, including mechanics, shall be permitted to work special events overtime when assigned. SECTION 6.5: OVERTIME DISTRIBUTION The Village shall have the right to require overtime work when necessary at any time and an employee may not refuse an overtime assignment unless a documented bona fide reason exists, such as a personal illness of the employee supported with medical documentation. The Village agrees to the extent practical, it will distribute overtime as equally as possible amongst those employees who usually perform the type of work at issue. The employee working on any job which extends into ove1time shall normally have first claim on the ove1time, provided he/she is otherwise qualified to perform the overtime assignment. Unscheduled overtime events will be addressed by the corresponding On-Call Employee (Water Distribution and Sewer; Streets and Signs, Forestry and Lighting and Facilities 10

15 Maintenance and Water Plant). If additional personnel are needed, employees will be called in from that corresponding overtime list on a rotating basis. Scheduled overtime events will be first offered, on a rotating basis, to employees assigned to the Division who typically performs that work. If additional employees are still needed, the overtime will be offered to bargaining unit members selected by Village Management. However, the Village retains the authority to select specific qualified employees for overtime assignments based upon skills, ability, and experience needed for the completion of a particular assignment. The employment of part-time, temporary, seasonal or non-bargaining unit personnel shall not work to deprive regular full-time personnel of opportunities to work overtime. However, if the full-time personnel who would have usually worked the overtime refuses it or is unavailable, the employer may work part-time, temporary personnel or non-bargaining unit personnel on said overtime without violating the Agreement. SECTION 6.6: CALLBACK A "callback" is defined as an official assignment of work which does not continuously follow an employee's regularly scheduled working hours. Callbacks shall be compensated for at the appropriate overtime rate of pay, as stated above, for all hours worked on callback, with a guaranteed minimum of two (2) hours at such overtime rate of pay for each callback. It is expressly agreed that a callback assignment is for a specific purpose and the Employer shall not assign employees who complete their callback assignment busy work in order to fill the remaining portion of the hour(s). The callback assignment pay begins at the point when the employee punches the time clock. 11

16 SECTION 6.7: ON-CALL ASSIGNMENTS/PAGER PAY The Village of Niles is a service organization that must maintain readiness in the event of emergencies. During the regular working hours this state of readiness is relatively effortless. Neve1theless, non-regular hours must be organized for the event of non-regular emergencies. While not every employee is needed on every non-regular hour emergency, an On-Call schedule is developed to fairly distribute the non-regular hours between eligible employees. Each employee will then be responsible for being available in the event an emergency occurs during their scheduled on-call time. 1. POSTING a. The On-Call schedule will include all eligible Public Services employees. Scheduling will be made in advance and posted no later than December 15th of the year preceding the On-Call schedule period (Example: The 2006 On-Call schedule will be posted by December 15, 2005). Each employee will be given a copy of the On-Call schedule and a copy will be posted. The Superintendent is responsible for coordinating the On-Call schedule. 2. PERSONNEL a. One employee from each of the following "Departments" shall be assigned to oncall duty each week on a rotating basis throughout the year, based on the seniority list. The "Departments" are: 1) Water Distribution and Sewer Sections 2) Streets & Signs, Forestry and Lights and Facilities Maintenance Sections. 3) Water Plant Section (including Water Plant Manager) 12

17 The On-Call employee for the Water Plant Section shall be responsible for responding to scheduled and non-scheduled overtime events at the water pumping and storage facilities and/or such work as is normally performed by the employees in this Section. The other two On-Call employees shall be the primary responders for events within their respective Departments. 3. VACATIONS a. The On-Call schedule will be posted prior to submission of vacation requests. Employees are to make vacation plans according to the On-Call schedule. The On-Call schedule will supersede any conflicts that arise due to improper vacation planning. 4. CHANGES TO ON-CALL SCHEDULE a. Employees shall be permitted to make changes to the on-call schedule. Employees may trade on-call assignments among all departments, so long as they provide notice to the Superintendent of Public Works. The change must be completed one day prior to the scheduled start of the On-Call duty so that adequate time is permitted to notify the Police Department of said change. All On-Call assignments, including an employee taking another employee's On-call assignment, are for a one week period. On-Call employees may find temporary replacements to respond to overtime events on a short-term basis (less than one day), however the On-Call employee remains the primary contact for all On-Call assignments and is responsible for ensuring their replacement has responded to the event accordingly. 13

18 b. All changes to the On-Call List will be sent to the Police Department on Thursday preceding the weekend of the change. It is the responsibility of the Superintendent of Public Works to make sure all changes are sent to the Police Department. It is the responsibility of the employee to find their replacement and notify the Superintendent of Public Works of the change. 5. REPORTING REQUIREMENTS a. Employees in On-Call duty status are required to carry pagers and/or telephones provide by the Village and report to duty at any time, upon receiving a directive to do so. 6. ON-CALL PAY POLICIES a. Employees who are called for a non-regular emergency will be paid at the applicable rate of overtime. Each time an employee is called and reports for a non-regular hour emergency they will be paid a minimum of two (2) hours of overtime, regardless of the actual time required to complete the emergency. b. Each employee is responsible for informing their supervisor when they worked On-Call duty. The Supervisor is then responsible for submitting form NPW-3, Public Works Overtime Memo, and having it approved by the Superintendent of Public Works or Director of Public Services. c. Employees working on On-Call will be paid in addition to any overtime earned, a weekly amount of two hundred dollars ($200.00). 14

19 7. NOTIFICATION OF SUPERVISOR a. If an overtime event is going to last more than ten (10) hours, involves the response of more than two (2) employees, or cannot be dealt with by the On-Call employees, the on-call Supervisor must be notified. b. If the emergency is going to last more than twelve (12) hours, it will be the responsibility of the on-call Supervisor to find reliefreplacements as needed. 8. ADDITIONAL PERSONNEL If additional employees are needed they shall be from the "Depa11ment" (as referenced in Section 2 of this policy) that normally performs the work during regular work hours. Call-outs shall be based upon seniority initially, and a rotating basis thereafter. Employees will be called at home first, and if not at home, a message will be left and the employee will then be called at the second number listed by the employee for this purpose. Employees have ten (10) minutes to respond to the call. If they do not timely respond to the second call the next employee on the list will be contacted. This time frame may be shortened based upon the severity of the ove11ime event. If adequate volunteers do not respond from that department, the other two on-call employees will be contacted based upon seniority initially, and a rotating basis thereafter. However, if the Water Plant Manager has on-call duty, they shall only be contacted for overtime events associated with the water pumping and storage system. Should additional employees still be needed, employees from the other departments shall be contacted starting with the most senior employee not 15

20 working/offered the most recent overtime assignment. Employees will be called at home first, and if not at home, a message will be left and the employee will then be immediately called. Employees have ten (10) minutes to respond to the call. If they do not respond the next employee on the list will be contacted. This time frame may be shortened based upon the severity of the overtime event. If an insufficient number of volunteers respond, the Village shall assign the remaining overtime assignments generally on the basis of inverse seniority according to the ability to complete the task at hand. The Village retains the authority to select specific qualified employees for overtime assignments based upon skills, ability and experience needed for the completion of a particular assignment. Depending upon the situation, the on-call employee or Supervisor will contact additional personnel, or the Supervisor may direct the on-call employee to contact additional personnel following the call out procedures referenced in this section. 9. ILLNESS/EMERGENCY DURING ON-CALL DUTY a. Any employee who becomes sick or unable to perform duty during the time they are scheduled for On-Call duty is responsible for notifying the On-Call Supervisor. b. Once the Supervisor has been notified, the Supervisor is responsible for replacing the primary On-Call employee with another employee. The Supervisors shall also notify the Police Depaiiment of the change in On-Call employees. 16

21 c. All eligible Public Services employees are scheduled to perform On-Call duty and misuse of illness as an excuse is not allowed. 10. SALT AND SNOW PLOW OPERATIONS a. During the winter months which require salt and snow plow operations, the supervisor responsible for coordinating snow removal operations shall be contacted first by the Police Department. They will contact employees needed to respond to the event. On-Call employees will be contacted first and given the option to work the snow event. If additional personnel are needed, the supervisor will contact employees on the basis of the Overtime A or B list, depending upon which list is applicable for that week. b. If an emergency event occurs while salting operations are ongoing, the appropriate On-Call employee in addition to any other employees needed will answer the call. An employee who is called in to work to salt for another crew shall not be penalized, for example, if an employee on the Overtime A list comes in to perform work on the Overtime B List (or vice versa) he/she shall not lose a turn on his own Overtime list. c. Employees hired specifically as Winter Seasonal Help may be used for snow plowing overtime before mechanics are offered the snow plowing overtime. Mechanics will be offered overtime oppotiunities to work on equipment during salting and snow plowing operations. The number of mechanics offered overtime shall be based on the number of pieces of equipment in use. At least one mechanic will be used when 3-8 pieces of equipment are in use. At least two 17

22 mechanics will be used when more than eight pieces of equipment are in use. During these overtime events, mechanics will be required to work on equipment not currently in use if there is no urgent work available for the duration of the overtime assignment. SECTION 6.8: COMPENSATORY TIME OFF In lieu of paid overtime, employees may opt to earn compensatory time off. Compensatory time shall be granted in such time blocks as are mutually agreed upon between the employee and the Employer. Compensatory time which is unused and which has been previously awarded at the rate of time and one-half or double time shall be compensated at the employee's regular hourly rate of pay. Employees shall be permitted to accumulate a rolling forty ( 40) hours of compensatory time. The Village and the Union agree to the following: a. Should an employee like to accrue compensatory time instead of being paid overtime, they must mark "comp time" on their overtime slip. If no "comp time" indication is made on the overtime slip, the employee will be paid at the applicable overtime rate for the hours worked. b. Compensatory time is earned at the applicable rate of overtime. For example, an employee working six ( 6) hours of ove1time on Saturday would earn nine (9) hours of compensatory time. An employee working six (6) hours of overtime on a holiday would earn twelve ( 12) hours of compensatory time. c. When using compensatory time, employees must use a minimum of one (1) hour, and increase in one-half (1/2) hour increments. d. Similar to vacation time, compensatory time off must be requested in advance, however the Director of Public Services or his/her designee may approve compensatory time off requests less than five days prior to the requested time off 18

23 based upon the work schedule and operational needs and when there are not excessive time off requests for the same date(s). e. Approval shall be granted by the Superintendent or in his/her absence his Designee. f. Between January 1st and April 30 1 h of each year, vacation time off requests receive priority over compensatory time of requests. g. An employee will be provided his compensatory time balance within a reasonable time after a request from the employee to his supervisor. h. Employees shall be permitted to cash out all or some accrued unused compensatory time once per year. ARTICLE VII SENIORITY SECTION 7.1: SENIORITY DEFINED An employee's seniority shall be the period of the employee's most recent length of continuous regular full-time employment with the Village's Public Services Department. SECTION 7.2: SENIORITY LOSS An employee's employment with the Village will end and his/her seniority will be lost, in the event he/she: (A) (B) (C) Quits; Is discharged for just cause (probationary employees without just cause); Is laid off pursuant to the provisions of the applicable Agreement for a period of twenty four (24) months; (D) Retires; 19

24 (E) Fails to report to work at the conclusion of an authorized leave of absence or when fit to return to duty after a medical leave as determined by a doctor; (F) Is laid off and fails to report for work within seven (7) calendar days of being recalled; (G) Does not perform work for the Village for any reason for a continuous period in excess of twelve (12) months (except for absence due to approved military service or layoff); and/or (H) Fails to report to work or notify the Village during an absence of three (3) consecutive workdays unless the employee is unable to do so for reasons beyond his control which could not be reasonably anticipated or planned for. SECTION 7.3: SENIORITY LIST Once each year the Village shall furnish the Union a seniority list showing the seniority of each employee. The seniority list shall be accepted and considered final thirty (30) calendar days after it is received by the Union, unless protested in writing prior thereto by the Union. A copy of the seniority list will be posted on the Union bulletin board. SECTION 7.4: PROBATIONARY EMPLOYEES All new employees (including rehired employees after loss of seniority) shall be probationary employees until they complete a probationary period of twelve (12) calendar months of employment. Employees who are promoted within the bargaining unit shall not be required to serve an additional probationary period. A probationary employee shall have no seniority until he/she has completed their required probationary period. Upon such completion, he/she shall acquire seniority retroactively from the date of hire into the Department. During this period of probation, no grievance may be 20

25 filed by or on behalf of such employee regarding discharge, discipline, suspension or layoff and he/she shall have no rights under this Agreement. ARTICLE VIII LAYOFF AND RECALL SECTION 8.1: DEFINITION AND NOTICE A layoff is defined as a reduction in bargaining unit jobs. The Village has the discretion to decide if a layoff is necessary. The Village shall give the Union at least thirty (30) calendar days of notice of any layoffs, except in emergency or unanticipated situations wherein such period of notice may be reduced. SECTION 8.2: GENERAL PROCEDURES In the event of a layoff, employees shall be laid off within a job classification in inverse order of seniority as defined in Article VII. However, prior to laying off any bargaining unit employees, all seasonal, temporary, probationary, part-time or other non-bargaining unit employees (other than management representatives) who perform work in the affected job classification shall be laid off or terminated, as the case may be. Employees selected to be laid off may bump a less senior employee in another job classification provided the more senior employee has the present ability and skills to perform the available work SECTION 8.3: RECALL OF LAID-OFF EMPLOYEES The names of laid-off employees shall be placed on a layoff list for twenty four (24) months. In the event of a recall, employees shall be recalled in seniority order by job classification. An employee subject to recall must be fully qualified to perform the work to which they will be recalled with minimal training. Recall notice shall be sent via certified mail to the last know mailing address of the employee. Employees who are eligible for recall shall be given seven (7) calendar days' notice of recall commencing upon the date of delivery of the 21

26 recall notice. The recalled employee shall report for work at the end of the notice period. After twenty four (24) months on layoff, an employee shall lose his/her seniority. ARTICLE IX DISCIPLINARY PROCEDURES SECTION 9.1: EMPLOYEE DISCIPLINE The Village agrees that discipline shall be imposed only for just cause. The level of discipline imposed shall match the severity of the offense committed and in any appropriate circumstance one or more steps in the process may be skipped. Discipline commensurate with the offense, up to and including immediate termination, shall be imposed for more serious offense(s). Discipline shall include but not be exclusive of the following progressive steps of priority: (A) (B) (C) Oral warning with documentation of such filed in the employee's personnel file. Written reprimand with copy of such maintained in the employee's personnel file. Suspension without pay with documentation of such maintained in the employee's personnel file, with copy sent to Union office. (D) Discharge with documentation of such maintained in the employee's personnel file, with copy sent to Union office. Pursuant to actual imposition of written reprimands, suspension without pay, or discharges, the employee shall be afforded an opportunity to discuss his/her views concerning the conduct causing such disciplinary action. Such discussion should take place as soon as practicable after the Supervisor's action and not be unduly or unreasonably delayed, and the employee shall be informed of the basis for such action. 22

27 SECTION 9.2: RIGHT TO REPRESENTATION The Village agrees to comply with current legal requirements regarding Union representation during an investigatory interview(s). Agreement. ARTICLEX GRIEVANCE PROCEDURE SECTION 10.1: GRIEVANCE DEFINED A grievance is defined as any claim of violation of a specific provision of this SECTION 10.2: PROCESSING OF GRIEVANCE Grievances shall be processed only by the Union on behalf of an employee or on behalf of a group of employees or itself setting forth name(s) or group(s) of the employee(s). The Grievant or one Grievant representing a group of Grievants may be present at any step of the grievance procedure, and the employee is entitled to Union representation at each and every step of the grievance procedure. The resolution of a grievance filed on behalf of a group of employees shall be made applicable to the appropriate employees within that group. SECTION 10.3: GRIEVANCE STEPS Step One: The employee, with or without a Union representative, or the Union, shall take up the grievance in writing with the Superintendent responsible for the employee's position within seven (7) working days of the first occurrence of the event giving rise to the grievance or within seven (7) working days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. (Probationary employees are excluded from this Article and no grievances may be filed by or on behalf of such employees.) The grievance shall be signed by the grievant and shall set forth a statement of relevant facts, 23

28 the provision or provisions of the Agreement allegedly violated, and the relief requested. The Superintendent shall then attempt to adjust the matter and shall respond in writing within seven (7) working days. No grievance shall be entertained or processed unless it is submitted in writing as set fmth above within seven (7) working days after the first occurrence of the event giving rise to the grievance or within seven (7) working days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. Step Two: If the grievance remains unsettled after the response in Step One and if the grievant desires to appeal the grievance, the grievant shall within seven (7) working days of receipt of the response, present the grievance in writing to the Director of Public Services giving specific reasons for rejecting the response in Step One. The Director of Public Services, may, in his/their discretion, schedule a conference within seven (7) working days of receipt of the appeal to discuss the grievance. If no agreement is reached or if no conference is scheduled, the Director of Public Services or his designee shall submit a written response within seven (7) working days ofreceipt of the appeal. Step Three: If the grievance remains unsettled after the response in Step Two and if the grievant desires to appeal the grievance, the grievant shall within seven (7) working days of receipt of the response in Step Two, present the grievance in writing to the Village Manager giving specific reasons for rejecting the response of the Director of Public Services in Step II. The Village Manager shall respond to the grievance appeal in writing within seven (7) working days of receipt of the appeal. 24

29 Step Four: If the grievance is not settled in Step Three, the matter may be referred by the Union only for arbitration by written request made by the Union within seven (7) working days of the Employer's response in Step Three. Arbitration shall proceed in the following manner: 1. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Upon receipt of such list, each party shall alternately strike a name from the list until there is only one name. The decision as to which party strikes the first name shall be resolved by coin toss. The person remaining shall be the arbitrator. The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of the Village and Union representative. 2. The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of the briefs by the parties, whichever is later. The paiiies may agree to waive this requirement. 3. The fees and expenses of the arbitrator, 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. In the event that either party elects to obtain a transcript of the arbitration that party shall be responsible for the costs incurred and that party agrees to make the transcript available to the arbitrator if requested. 25

30 4. The arbitrator shall have no right to amend, nullify, ignore, add to, take from or modify any of the provisions of this Agreement. The arbitrator shall consider and decide questions of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not submitted or raised in the grievance. The parties shall have the right to request the arbitrator to issue subpoenas compelling the attendance of witnesses and the production of documents. 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 which are, under law, applicable court decisions, or pursuant to this Agreement, granted to the Village. 5. Any decision and award of the arbitrator rendered within the limitations of this Section shall be final and binding on the Union, the Village, the grievant(s), and all employees covered by this Agreement. The arbitrator's decision is subject to review only in accordance with the terms of the Illinois State Labor Relations Act. SECTION 10.4: GRIEVANCE FORMS The written grievance required under this Article shall be on a form which shall be provided by the Union, a copy is attached as Appendix A. It shall contain a statement of the Grievant's complaint, the section(s) of this Agreement that have been allegedly violated, the date of the alleged violations and the relief being sought. The form shall be signed and dated by the Grievant and/or his/her representative. An improper grievance form, date, section citation or other procedural error shall not be grounds for denial of the grievance. 26

31 SECTION 10.5: SETTLEMENTS AND TIME LIMITS Any grievance not filed within the time limits specified in this Article, will be considered waived. If the Village fails to respond within the required time limits, the grievance shall automatically be moved to the next step. The parties may, in any individual case (except discharge cases), extend these time limits by mutual written notice. SECTION 10.6: UNION STEW ARDS Four (4) duly authorized bargaining unit representatives, consisting of three public works bargaining unit employees and one mechanic bargaining unit employee, shall be designated by the Union as Stewards. The Union will provide written notice to the Village to identify the Stewards. ARTICLE XI HOLIDAYS/ PERSONAL TIME SECTION 11.1: GENERAL INFORMATION Employer "observed" holidays include the following: New Year's Day Memorial Day Independence Day Labor Day Day after Thanksgiving Christmas Day Thanksgiving Day President's Day Veteran's Day Spring Holiday (April 14, 2017) (March 30, 2018) If the Employer declares any additional dates as Village observed holidays for those employees not covered by a collective bargaining agreement, such date(s) shall be considered holiday(s) for the bargaining unit employees. SECTION 11.2: SPECIFIC APPLICATIONS When a holiday falls on a Saturday, it normally will be observed on the preceding Friday. When a holiday falls on a Sunday, it normally will be observed on the following Monday. 27

32 SECTION 11.3: HOLIDAY PAY Eligible employees shall receive eight (8) hours pay for each Village observed holiday. Employees who work on a Village observed holiday shall additionally be compensated at two (2) times their regular rate of pay for all time actually worked on the observed holiday, with a guaranteed minimum of two (2) hours per holiday worked. In order to qualify for holiday pay, an employee must work the employee's last full regularly scheduled work day preceding the holiday and the employee's first full regularly scheduled work day following the holiday (unless absence is due to approved FMLA Leave, vacation day, personal day, other approved leave of absence). SECTION 11.4: PERSONAL DAYS All non-probationary employees shall be entitled to one (1) personal day off with pay to be used in each calendar year. Where practicable, employees shall notify the Employer of his/her intent to use a personal day at least five (5) working days in advance of the personal day. If the personal day is not used within the calendar year, it may be carried over into the subsequent January of the following calendar year with the approval of the Village Manager in those limited situations in which an employee was prevented from using his/her personal day due to the business needs of the Employer. 28

33 ARTICLE XII VACATIONS SECTION 12.1: VACATION ACCRUAL Bargaining unit employees shall be entitled to paid vacation days in accordance with the following schedule: Service Time After Initial Hiring 1to4 Years 5 to 10 Years 11 to 15 Years After 25 Years Vacation Available (as of anniv, except if notedl Up to 10 days earned on a pro-rata basis based on full months worked. 10 Work Days 15 Work Days 15 Work Days plus one additional day per anniversary year up to maximum of 20 days 25 Work Days SECTION 12.2: VACATION USAGE (A) A vacation day shall not be charged should a Holiday fall during an employee's scheduled vacation period. (B) Employees may not carry unused vacation time from year to year. The only exception is with the Village Manager's approval in which case vacation time may be carried over through the entire month of January where necessary due to the Employer's business needs which precluded the employee from taking the vacation time off earlier. (C) Vacation time must be requested and approved at least five (5) calendar days' prior to the requested days off. However, the Director or Superintendent may approve vacation time ifrequested less than five (5) days prior to the requested days off based on schedule and operational needs. (D) December 25th through January 1st are generally considered "black out" dates for vacation purposes; provided, however, the Director or the Superintendent may grant exceptions if consistent with the Employer's business needs. 29

34 (E) The Employer will attempt to grant vacation requests provided they are consistent with the operating needs and where there are not excessive time off requests for the same dates. (F) Multiple requests for vacation days off will be considered on a seniority basis provided it is consistent with the operating needs of the Employer. (G) At least four (4) bargaining unit employees (excluding water plant employees) shall be allowed vacation time off at once during the time period from December 1st through March 1st of the following calendar year. (H) Day shift mechanics will be permitted two (2) bargaining unit employees off on vacation at a time, provided it is in accordance with operational needs during the time period from December 1st through March 1st. Exceptions will be considered by management provided it is consistent with operational needs; such exceptions will not be unreasonably denied. (I) All requests for vacation time off should be submitted to the employee's immediate supervisor prior to May 1st of each calendar year. In all cases, seniority will prevail for vacation day requests timely submitted by May 1st. Thereafter, requests for vacation days off will be processed and verified against the On-Call schedule, as applicable. On-Call schedule takes priority over requested vacation days submitted after May 1st. (J) Where the absence of a weekend mechanic requires a replacement mechanic to be on duty, and the replacement mechanic is paid at the appropriate overtime rate of pay, the weekend mechanic shall be limited as to the number of vacation days they can use on their respective Saturday or Sunday. This limit of vacation days used on 30

35 weekends shall be as follow, one weekend day vacation shall be allowed for each week of earned vacation time plus a maximum of five ( 5) additional weekend days. SECTION 12.3: VACATION PAY Vacation pay shall be at the regular straight time hourly base rate that the employee received immediately preceding his/her vacation. ARTICLE XIII SICK LEA VE/OTHER ABSENCES SECTION 13.1: FAMILY AND MEDICAL LEAVES OF ABSENCE The Parties agree to comply with their obligations under the Family and Medical Leave Act of 1993 and any revisions. Attached as Appendix B is a copy of the Village's FMLA policy in place as of the time of execution of this Agreement. It is understood and agreed that neither an employee nor the Union can file a grievance based on an alleged violation of Appendix B. SECTION 13.2: DISCRETIONARY LEAVES OF ABSENCE An employee with at least twelve (12) months of seniority may petition his/her Department Head for a special leave of absence of up to thirty (30) calendar days for legitimate reasons that may not be covered by another leave policy. Discretionary leaves are without pay or benefits and the Employer may require an employee to exhaust earned vacation time while on a discretionary leave. A leave may be granted for good cause. SECTION 13.3: PREGNANCY RELATED ABSENCES Requests for time off associated with pregnancy and/or childbirth will be handled in accordance with the Family and Medical Leave Act of 1993, attached as Appendix B. SECTION 13.4: SICK LEA VE USE The purpose of sick leave is to provide full-time employees with limited protection against loss of income due to genuine personal sickness or non-duty injury, which disables the 31

36 employee and prevents the employee from effectively performing their essential job duties. Sick leave is not to be used as a means of obtaining additional paid time off. Sick leave shall not be used as personal days, additional holidays, extending vacation leave, or regular leave to be taken at the employee's discretion. Authorized sick leave will be utilized for an employee's absence due to an illness or injury that does not qualify for Workers' Compensation Benefits. Time off that qualifies for sick leave and FMLA will run concurrently. Sick Days Allotment Commencing on each January 1 5 \ all full-time employees receive ten (10) days of sick leave. Employees entering the program after January 1 will receive a prorated amount of sick leave. Sick leave does not carry over annually and is not accumulated. Seasonal and non-permanent part-time employees do not qualify for sick leave and will receive no compensation for absences from work due to illness or disability. Sick Leave Usage Sick leave with pay shall be granted for the following reasons: an employee's personal illness or physical incapacity resulting from causes beyond the employee's control; well-care, special circumstances and medical and dental appointments that cannot be scheduled outside of working hours. Sick Leave may also be used for illness, injury, or medical appointment for an employee's immediate covered family member. "Immediate Family Member" is defined as the employee's child, spouse, same-sex spouse, parent, sibling, grandparent, grandchild, mother-inlaw, father-in-law, and parent-in-law. Other provisions such as the use of the "Family and Medical Leave Act" must be made if a dependent requires extended care. Medical and dental appointments must be pre-approved by the Department Heads 48 hours in advance for either the employee or a covered member of the employee's immediate family (except if otherwise 32

37 approved per FMLA). Department Heads may require that the employee provide proof that they or their immediate family member attended their medical or dental appointment. The Department Head may authorize up to two (2) hours for sick leave related absences that will not be charged to sick leave. This authorization may be requested only three (3) times per year. The abuse of sick leave, including evidence of patterns of use around an employee's weekend, holidays, or vacation, as well as excessive use of sick leave on frequent and recurring basis shall constitute just cause for disciplinary action, including termination of employment. Notification of Absence To be eligible for sick leave compensation, the employee must make a reasonable effort to notify their immediate supervisor of what illness or injury prevents them (or a covered member of the employee's immediate family) from repmting to work a minimum of one (1) hour prior to the beginning of their normal work time. Failure to provide this advance notice or failure to provide any notice at all may result in the sick leave compensation being denied. Such notice shall include the general nature of the injury or illness, when they will be able to return to work, and the location at which the employee (or family member) is recovering. The Village retains the right to have the a representative of management or approved physician contact the employee (or family member) at the location provided anytime during the employee's regular scheduled workday. Such contact may be made at the discretion of the Department Head. Failure of the employee to be available at the predetermined location, at which the employee is recovering, may result in the sick leave compensation being denied and or other disciplinary action, including termination of employment. 33

38 Medical Certificate Required A medical certificate from the employee's physician or a Village appointed physician may be required for the following reasons unless specifically excused by the Village Manager or Department Head: any use of sick leave of three (3) or more consecutive days or reasonable suspicion of abuse. Such medical certificate may be ordered to determine the extent of the physical disability, prognosis, diagnosis, and possible date and ability to return to work. The failure or refusal by an employee to submit to such an examination is cause for disciplinary action, including the disallowance of any sick leave requested, cancellation of leave of absence and possible termination of employment. Sick Leave Exceeded Employees who exceed their allotment of sick days will have any additional days of sick leave charged to leave without pay and will not receive compensation for those hours absent from the job. However, at the request of the employee and with the prior approval of the Department Head, absences that would have been charged to unpaid sick leave may be charged against the employee's accrued vacation (including vacation time earned during that current calendar year) or personal day. Employees with an extended disability or illness that does not qualify for Workers' Compensation Benefits may qualify for Extended Leave as defined below. Extended Leave Employees that exhaust all of their sick leave and continue to be off may qualify for "Extended Leave". Employees qualifying for Extended Leave may have sick days reinstated back to the beginning of the subject illness, with approval of Village Manager. An employee that does not qualify for Extended Leave may be required to exhaust accrued vacation and/or personal day before applying for unpaid time off. 34

39 Extended Leave for non-job related illness or injury is up to six (6) months in a rolling 12 month period with full pay. This has not changed except it is limited to eighteen (18) months during the term of your employment. The definition of Extended Leave is not cast in stone. Wherever possible, the Village will define Extended Leave in favor of the employee as long as there is medical documentation and medical need to back the decision. Any request for Extended Leave must be approved in advance by the Village Manager. Please understand that the Village reserves the right to deny Extended Leave in appropriate cases such as: where business operations will be disrupted by the absence, where there are multiple requests for Extended Leave taken at the same time in a particular department and/or where the Extended Leave request causes an undue hardship to the Village. 1. Definition: An extended illness or injury is one that has totally incapacitated the employee from work for an extended period of time. These are illnesses or injuries that require longterm recuperation periods. Chronic illness and injuries, which result in intermittent absences from work, may be considered for Extended Leave (for example: cancer, stroke, major surgery). Employees suffering from short term illnesses including, but not limited to the common cold, influenza, or other minor injuries or illnesses, not likely to result in long term disability are not eligible for Extended Leave. Employees receiving Extended Leave pay shall not work outside their Village employment. 2. Benefit: Employees qualifying for Extended Leave will receive full pay with a doctor's certification that they cannot work. The employee will continue to be paid for up to a six (6) month period for a qualifying illness or disability that does not qualify for Workers' Compensation Benefits. 35

40 A maximum of six (6) months of Extended Leave may be used per year. Employees may only use a career maximum of eighteen (18) months of Extended Leave. A disabled employee who needs time off as a form of a reasonable accommodation may seek additional unpaid time off for this purpose; these issues will be addressed on a case-by-case basis. 3. Application: The receipt of Extended Leave is dependent upon the employee making written application, accompanied by a physician's medical certification as to the nature and extent of the injury or illness which has occurred and an indication that the illness or injury will extend beyond the available sick leave days. Failure to provide required documentation prior to Extended Leave will result in loss of pay. The Village is entitled to take any and all reasonable steps to verify the legitimacy of the request for Extended Leave, the continuation, and/or extension thereof. The Village, at any time during an Extended Leave, may require an employee to appear for a physical examination at the office of a medical practitioner selected by the Village and paid for, at the Village's expense, to determine the extent of physical disability, prognosis, diagnosis, and possible date to return to work. The Village Manager must approve all Extended Leave. 4. Return to Work: It is the obligation of the employee on Extended Leave to make arrangements with the Village at least thirty (30) days prior to the end of the leave when practicable, at which time the employee shall be provided with information regarding options if it appears that the disability will extend beyond the allotted six (6) months. The employee shall be advised of the availability of other disability income protection through the employee's retirement fund. Employees under the Illinois Municipal Retirement Fund (IMRF) must satisfy the eligibility requirements of IMRF. Non-work related disability 36

41 leave benefits for Fire Fighters and Police Officers are governed by state law and their respective pension funds. An employee off from work for Extended Leave requires a written certification of their medical release to return to work. This certification shall be from a licensed, practicing physician, certifying their full release from medical care and their ability to resume their full essential job functions (either with or without a reasonable accommodation if disabled). The Village may, at its discretion, require another evaluation as to an employee's fitness for duty by a licensed, practicing physician selected and paid for the Village. At the end of the maximum allowed Extended Leave, this benefit will cease and the employee must be able to return to their old position, apply for a disability pension, or may be terminated. Employees will be assigned to limited duty when released by their physician as per the Village's Limited Duty Policy. 5. FMLA: All time off that is covered under this Policy and the FMLA will run concurrently in appropriate cases. 6. ADA: This Policy will be construed in accordance with our obligations under the ADA. If additional time off is necessary as a form of a reasonable accommodation for an individual for an individual with a disability, a request for unpaid time off will be considered on a caseby-case basis. 7. Employees taking extended time off for pregnancy related medical conditions are treated the same as other employees who need medical time off under this Policy. 37

42 Emergency Leave In the case of an extreme, unanticipated and unplanned emergency, a full-time employee may request up to three days sick leave per calendar year. This emergency sick leave must have Department Head approval and may be granted only to fulfill family obligations relating to the birth of a child or a serious health condition of the employee's immediate family member. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provided. "Immediate Family Member" is defined earlier in this Article. Other provisions such as the use of the "Family and Medical Leave Act" must be made if a dependent requires extended care. ARTICLE XIV LEAVES OF ABSENCES SECTION 14.1: DISABILITY LEA VE In the event of a temporary disability, an employee may apply for disability payment through the Illinois Municipal Retirement Fund ("IMRF"), in accordance with the applicable provisions of IMRF. SECTION 14.2: FUNERAL LEA VE When death occurs in the immediate family of any bargaining unit Employee, said Employee shall be granted three (3) days off without loss of pay. If the employee must travel an extensive amount of miles to attend the funeral, he/she may be eligible for up to two (2) additional days off if approved by management. Additional time needed by the Employee will be deducted from accumulated sick leave or vacation time, at the Employee's discretion. 38

43 For purposes of this article, "immediate family" shall include the employee's current spouse, child (natural, step and adopted), parent or step-parent, sibling or step-sibling, mother-inlaw, father-in-law, grandparent or step-grandparent, grandparents in law, grandchildren, brother or brother-in-law or sister or sister-in-law. An employee shall be granted time off, without loss of pay to attend the funeral of a coworker. SECTION 14.3: JURY DUTY LEA VE An employee whose service on a jury occurs during hours that the employee would have been regularly scheduled to work shall receive full pay. In order to qualify for jury duty leave pay under this provision, the employee must provide the Employer with any amounts received from other sources for jury duty service with the exception of amounts paid to the employee for mileage and/or travel reimbursement. SECTION 14.4: MILITARY LEAVE Military leave will be granted in accordance with all provisions of the then applicable state, federal and local law. ARTICLE XV INSURANCE SECTION 15.1: HEALTH INSURANCE The Employer shall provide regular full-time bargaining unit employees health insurance, through the Midwest Operating Engineers Local 150 Health and Welfare Fund ("Union Plan") and such employees will not participate in or be eligible for insurance coverage under the Employer's group health insurance plan during the term of this agreement. New employees will be covered on the first date of hire. Throughout the entire term of this Agreement and for so long as required by law, the Union and authorized Trustees of the Union's health insurance plan 39

44 represent and agree they will comply with all applicable laws to ensure that the health insurance plan offered to the covered employees includes a retiree health insurance to covered employees sufficient to satisfy the obligations of both the Village and the Union as required by applicable law, including the Municipal Employees' Continuance Privilege, 215 ILCS 5/367j. During the term of this Agreement, the Village will contribute the following amounts to the Union Plan for such insurance coverage for the covered employees: Upon Execution of Agreement through April 30, 2018: Family $1, Employee + One $1, Single $ SECTION 15.2: LIFE INSURANCE In addition to any amounts due and owing under IMRF or the Union Plan (as defined in Section 15.1) eligible bargaining unit employees who are enrolled in the Village's group life insurance plan are entitled to life insurance coverage in the then-applicable amounts provided to employees who are not covered by a collective bargaining agreement. As of the time of ratification, $50,000 of term life insurance was provided to eligible employees with the option for employees to purchase additional coverage. The details and eligibility requirements for this life insurance coverage are as then in effect and as offered by the Village to its other nonmanagement employees who are not covered by a collective bargaining agreement. 40

45 SECTION 15.3: WORKER'S COMPENSATION INSURANCE The Village will maintain comprehensive workers' compensation insurance coverage for all eligible employees in accordance with the applicable law and the provisions of the Employee Handbook. This Section cannot be the basis of a grievance pursuant to Article X given that the law will govern in all cases. ARTICLE XVI SAFETY AND EDUCATION SECTION 16.1: COMPLIANCE WITH LAWS In order to maintain safe working conditions, the Village, the Union and the employees shall comply with all laws applicable to Departmental operations. SECTION 16.2: UNSAFE CONDITIONS Employees who reasonably and justifiably believe that their safety and health are in imminent danger due to an alleged unsafe working condition, equipment or vehicle, shall immediately inform their supervisor who shall have the responsibility to determine what action, if any, should be taken, including whether or not the job assignment should be discontinued or working condition modified. SECTION 16.3: EMPLOYEE TRAINING AND EDUCATION COMPENSATION The Employer agrees to compensate all bargaining unit employees for all time spent in required training programs. When an employee is required to use his/her own automobile, mileage reimbursement for sites fa1iher than ten (10) miles will be paid at the rate set by the then-applicable IRS reimbursement rate. Additionally, employees will be reimbursed up to $10.00 for the cost of one meal purchased while attending the training program (or the employee will receive a meal if provided at the training site as pait of the training program). In the event 41

46 that an employee needs to stay overnight at such training/school session, the Employer will reimburse the employee for the full cost of lodging which is suppo1ied by adequate receipt. SECTION 16.4: CDL LICENSES The Employer shall reimburse all bargaining unit employees required to have a Commercial Driver's License or any other licenses (e.g., water operator licenses, certified arborist, etc.,) the cost of said license including renewals and any endorsements the employee is required to obtain and maintain. It is the obligation of the Employee to notify his/her supervisor of any change in driver/license status within twenty four (24) hours of the event that gave rise to the change of status. Verification of licenses will be done at least annually. SECTION 16.5: EDUCATIONAL INCENTIVE With Department Head prior approval and in accordance with the remaining provisions of the then-applicable Village policy, bargaining unit employees who voluntarily participate in an education and training program that is consistent with the advancement of the Employer's business interests and relevant to the needs of the Department, shall be eligible to receive reimbursement for tuition, registration and other items charged by the educational institution incidental to the course, up to the then-applicable maximum reimbursement amount which is presently $3,050 per calendar year. Expenses will be reimbursed upon providing certified proof of satisfactory course completion with a final grade of "C" or better. Receipts are required for reimbursement. ARTICLE XVII LABOR-MANAGEMENT MEETINGS SECTION 17.1: LABOR-MANAGEMENT MEETINGS The Union and the Village mutually agree that in the interest of efficient management and harmonious employee relations, meetings shall be held between Union and Village 42

47 representatives when appropriate. Such meetings shall be scheduled within one (1) week of either party submitting an agenda to the other, or at a time mutually agreed upon by the parties, and shall be limited to: (A) (B) (C) Discussion of the implementation and general administration of this Agreement; A sharing of general information of interest to the parties; The identification of possible health and safety concerns. A Union representative and/or Union Steward may attend these meetings. The Village may assign management representatives to attend these meetings. SECTION 17.2: PURPOSE It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Such meeting shall be chaired by the Employer representative and there shall be no loss of wages for attendance by Union Stewards and/or affected bargaining unit employees. Grievances and arbitrations shall not be discussed at such meetings. ARTICLE XVIII SUBCONTRACTING The Village retains the right to subcontract work as it deems necessary and in the best interests of the Village provided, however, the Village will not engage in subcontracting that could have been avoided for the sole purpose of effectuating a layoff and/or the reduction in hours of work for a bargaining unit employee. Upon deciding to subcontract beyond prior practices and except in case of emergency, the Employer agrees to provide the Union notice of the decision to subcontract and shall, upon timely request, meet and negotiate with the Union the anticipated impact of the subcontracting. 43

48 ARTICLE XIX UNIFORMS AND EQUIPMENT SECTION 19.1: UNIFORMS/BOOTS The Employer shall provide the necessary items of uniforms, protective clothing and safety gear as in the past. Employees are entitled to $ per calendar year for a clothing allowance and $ per calendar year for steel toed shoes or work boots provided such expenses are necessary and supported by documented receipts. The Employer shall continue to provide mechanics with uniforms through a rental service. Additionally, mechanics shall be entitled to $ per calendar year for a clothing allowance provided such expenses are necessary and supported by documented receipts. SECTION 19.2: TOOL ALLOWANCE For all Mechanic hired after 5/1/16, the Village will provide a set of tools which will remain property of the Village of Niles. For all mechanics hired before 511/16, the Village shall supply a tool allowance of the equivalent of $ or the retail value of $1, per year. In all other respects, mechanics shall furnish their own tools but shall not be required to furnish special tools, including, but not limited to: Welders, Air Compressors, Air Tools, Hoisting Devices, Pin Presses, Spanners Wrenches, Air or Electric Wrenches, Gear and Bearing Pullers, Electric Drills, Reamers, Taps and Dies, Oxyacetylene Hoses, Gauges, Meters, Torches and Tips, Twenty-Four Inch (24") Pipe Wrenches over 3/4 Inch Drive Socket Set, Sockets over Two Inches (2"). The Employer agrees to pay for or replace with equal quality tools, excluding hand tools guaranteed by manufacturer, broken on the job by mechanics or anyone required to furnish their own tools. The Employer shall maintain a catastrophic insurance policy on mechanics tools. The Employer's liability for such loss shall not exceed the actual cost of the tools. It is 44

49 understood that all employees must furnish the Employer's with a complete inventory of the personal tools, the cost and their brand. It is further understood that whenever new tools are purchased the employee must include them on the inventory list previously furnished, and whenever tools are removed, the inventory shall be reduced. If an employee does not supply the Employer with an inventory of tools, responsibility for replacement will not be that of the Employer. The Employer shall provide space for tools and/or mechanics shall be permitted to secure their tools with locks. ARTICLE XX PERSONNEL RECORDS SECTION 20.1: PERSONNEL RECORDS The Parties agree that all discipline shall be removed from an employee's personnel file three (3) years after the discipline is received by the employee, so long as there has been no additional same and similar discipline issued to that employee during the three (3) year period. In computing this three (3) year period, the parties will look to the third applicable anniversary of the most recent discipline. Except as provided above in this Section 20.1, the Employer agrees to adhere to its obligations under the Illinois Personnel Record Review Act. Notwithstanding the above provisions, allegations of violence in the workplace or harassment in the workplace will not be subject to removal and may remain in the file without limitation or duration unless otherwise agreed by both parties. ARTICLE XXI NON-DISCRIMINATION SECTION 21.1: PROHIBITION AGAINST DISCRIMINATION Both the Village and the Union agree not to discriminate against any employee on the basis of race, sex, religion, color, sexual orientation, sexual preference, marital status, age, national origin, or other factors protected by then-applicable state, federal or local laws. Rights 45

50 of employees pursuant to this Article shall be inclusive of any and all other remedies available to them by law. An employee who files a charge with an administrative agency cannot also file a grievance under this Section regarding the same or similar allegations. SECTION 21.2: UNION ACTIVITY The Employer and the Union agree that no employee shall be discriminated against, 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 XXII WAGES SECTION 22.1: WAGE RATES The hourly base wage rate for bargaining unit personnel shall be as set forth in Appendix C, attached hereto and made a part of this Agreement. The employee that works nights shall receive an additional twenty-five cents ($0.25) per hour on his regular hourly rate of pay. It is expressly understood by both pmiies that if the non-bargaining unit employees receive a higher across the board percentage raise during any year of the contract the bargaining unit employees shall receive the same. All employees hired after the execution of this contract are eligible for a step increase on the anniversary of their full time employment date. SECTION 22.2: SERVICE WORKER I TO SERVICE WORKER II Promotional testing for the Service Worker II position will only be conducted annually during the first quarter of each year. Service Worker I employees reaching their five year fulltime anniversary date during the first quarter of a year, are eligible to qualify for advancement to the position of Service Worker II provided they satisfactorily meet the advancement requirements. Advancement requirements will consist of the following two parts: 46

51 Written Examination - A written examination of 100 multiple choice questions concerning general public works knowledge developed by an outside employment testing agency. Each question will be worth 1 point for a maximum of 100 points. Evaluation - Management personnel will meet and interview Service Worker II candidates as part of an overall job performance evaluation. Based upon evaluation criteria, points will be awarded by management personnel up to a maximum of 100 points. During the evaluation, the candidate shall have a union steward present. Those Service Worker II candidates receiving at least a total of 140 points (70%) will be promoted to Service Worker II effective the first day (May 1st) of the next fiscal year. Eligible Service Worker I employees that did not apply for promotion or were not promoted to Service Worker II may apply for consideration in subsequent years. SECTION 22.3: LONGEVITY PAY Each bargaining unit employee shall receive longevity pay added to his/her base rate, as shown above, on each regular paycheck based on his/her years of completed service since last date of hire as an employee of the Employer in accordance with the following schedule: 8 years completed service One week of base wage 15 years completed service Two weeks of base wage Should any other bargaining unit agree to eliminate longevity pay for newly hired employees, longevity pay will no longer be available for newly hired employees covered by this bargaining unit who are hired after the effective date of the elimination of longevity pay for the other bargaining unit. Additionally, if all other bargaining units within the Village agree to eliminate longevity for all employees (including existing employees), longevity pay will no longer be available for any employees covered by this agreement. 47

52 SECTION 22.4: TEMPORARY ASSIGNMENT PAY When a non-bargaining unit supervisor is absent from his/her position generally the next most qualified senior employee in the department of the non-bargaining unit supervisor who is absent shall act in his place and shall be compensated at the non-bargaining base manager rate of pay commencing on the first full day of the supervisor's absence and everyday thereafter for all hours worked in the capacity of the manager. The Employer agrees to meet and discuss the basis of its selection decision with the Union steward where the most senior employee in the Division is not designated for this purpose. It is expressly understood that an employee has the right to refuse such assignment. SECTION 22.5: CERTIFICATION INCENTIVE Employees who hold an arborist or electrician license at the execution of this Agreement shall receive the following certification incentive pay: Effective May 1, 2016 through April 30, 2018: $1.25/hour The Village retains the right to limit one person per license unless otherwise mutually agreed to by the parties. SECTION 23.1: POSTING ARTICLE XXIII FILLING OF VACANCIES Whenever the Village determines there is a vacancy in an existing job classification or that a new bargaining unit job had been created, a notice of such vacancy shall be posted on the Village for ten (10) working days. During this period, employees who wish to apply for such vacancy, including employees on layoff, may do so. 48

53 SECTION 23.2: FILLING OF VACANCIES When vacancies occur in the bargaining unit, the Village will fill those vacancies by selecting the most qualified applicant to perform the available work. If all bargaining unit applicants are equally qualified, seniority will prevail. Nothing in this Section will prevent or limit the Employer's right to select a more qualified outside applicant. SECTION 23.3: CROSS TRAINING The Parties recognize the value of providing cross-training opportunities to all new employees, excluding mechanics, in the various facets of the Public Services Department to which they may be assigned. Initial short term cross training and secondary extended cross training programs will be implemented for new employees, as appropriate. Thereafter, crosstraining will continue to be provided to bargaining unit employees as deemed appropriate by management in order to educate employees about matters such as new procedures, technologies or equipment or to provide refresher guidance on the proper way to complete an essential job function in a position within the Public Services Department. The length of cross-training may vary due to factors including the seasonal nature of the tasks performed, the employee's ability to complete the tasks, and other related business reasons. However, cross training shall not be used for punitive purposes. ARTICLE XXIV DRUG AND ALCOHOL POLICY Bargaining unit employees required to have a CDL shall be covered by the Village's CDL drug and alcohol testing policy. Any employee discipline that results from the implementation of the Village's drug and alcohol testing policy is subject to Article IX (Disciplinary Procedures) and may be grieved in accordance with the provisions of Article X (Grievance Procedure). 49

54 ARTICLEXXV EXISTING BENEFITS The following direct economic benefits which affect employees in the bargaining unit and which are neither set forth in this Agreement nor are covered by a subject matter included in this Agreement, and are in effect as of the time of ratification of the Agreement, shall not be diminished or reduced: Service Award, Health Club Membership, Shop and Wash Bay Privileges in accordance with past practice (i.e., in accordance with posted "Public Services Vehicle Wash Bay Usage" for wash bay privileges and with manager's approval for light repairs or oil change in gangway areas between the shops).. Provided, however, in the event that the Village modifies the Worker's Compensation Benefit as to all other employees who are not covered by a collective bargaining agreement, the Village will first meet and discuss this issue with the Union to discuss the impact on the bargaining unit employees. ARTICLE XXVI SA VIN GS CLAUSE If any provision of this Agreement or the application of any such provision should be rendered or declared invalid or unenforceable by any comi action, board, agency or arbitrators or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect and the subject matter of such invalid provision shall be open to immediate re-negotiation upon the request of either party. ARTICLE XXVII ENTIRE AGREEMENT This Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in the Agreement. 50

55 The Village and the Union agree that, for the duration of this Agreement, each voluntarily and without qualification waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter whether or not referred to or covered in this Agreement, or with respect to the effects upon employees of the Village's exercise of its rights under the Agreement. The only exception is if required by law in the event the subject matters or effects may not have been within the knowledge or contemplation of either or both of the parties at the time of execution of this Agreement. 51

56 ARTICLE XXVIII DURATION AND TERM OF AGREEMENT This Agreement shall be effective as of the first day of May, 2016 and shall remain in full force and effect until the 30 1 h day April, 2018, whereupon, it shall be automatically rendered null and void. It shall be automatically renewed from year to year thereafter unless either patty \ notifies the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the expiration date. This Agreement shall remain in full force and be effective following the notice given above during the period of negotiations and until written notice of termination of this Agreement is provided to the other party in the manner set fo1th in the following paragraph. In the event that either party desires to terminate this Agreement during the period of negotiations, written notice must be given to the other patty not less than ten (10) days prior to the desired termination date. IN WITNESS WHEREOF, the parties have executed this Agreement this 3.{J day ION OF OPERA TING 150, Andrew Przybyla Mayor Deanna Distasio Attorney/Organizer / c. S-k 1 v e.v\ C. _ ~.. mezeano illage Manager. ~ \J ~ "e "Z- ~ {,. 111 <. 52

57 APPENDIX A- GRIEVANCE FORM 53

58 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAi. UNION NO soe. ISOA. 150C. t50ra. tsoc. 150G.!SOM WILLIAM E. DUGAN PRESIOENT llljstness MANAGl1:R ( B&oo F:; 0 <,;~u~2~1\o COIJNTRVSID... IL 6052!Ml992 GRIEVANCE Use additional sheets if necessary Grievant's Name: Date Filed: STEP ONE Date oflncident or Date Grievant knew of Facts Giving Rise to Grievance: Article(s) & Section(s) of Contract Violated: Including, but not limited to, Brief Statement of Facts: Remedy Sou8ht:,any and all other appropriate remedies. Time and Date: Grievant's Signature Representative's Sig1.,,.,~ EMPLOYER'S STEP ONE RESPONSE Employer's Representative Signature Positions Response Recipient Date STEP TWO Given To: Date and Time: Grievant's Signature Representative's Signature EMPLOYER'S STEP TWO RESPONSE Employer Representative Signature Position Response Recipient Dute

59 STEPTllREE / Reason fbr Mw1n~ng Odcva~ \~ y.~;>:<~.~~ Given To:, EMPLOYER'S STEP THREE RESPONSE Employer 1lcproacn.tatiYc Si$natwe Positioru Da.u STEP FOUR...,...,...,..,.,...w..~ : w~- -~ Dat.c and. 'Time: Grlcvant's Signature EMPLOYERtS STEP FOUR RESPONSE Emp:Joytf: Rcprcscnttti\ c Sig.nature Positk.'l 55

60 APPENDIXB FAMILY AND MEDICAL LEA VE ACT POLICY ("FMLA") 1. If you have been employed by the Village for at least twelve (12) months (with no break in service of seven (7) or more years except if related to USERRA covered military obligations and/or as otherwise provided in a collective bargaining agreement or written agreement, if applicable, and have worked at least 1,250 hours during the 12-month period preceding the start of the leave, and you work at or report to a work site which has fifty (50) or more Village employees within a 75-mile radius of that work site, you are eligible for up to a total of twelve (12) workweeks of unpaid leave during any rolling twelve (12) month period for one or more of the following reasons: 1. Because of the birth of your child and in order to care for such child (within 12 months after the birth of the child); 2. Because of the placement of a child with you for adoption or foster care (within 12 months of the placement of the child); 3. In order to care for your spouse, child, or parents if they have a "serious health condition;" 4. Because of a "serious health condition" that makes you unable to perform the functions of your job; or 5. Because of any "qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that your spouse, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation. 2. Serious Health Condition. For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: 1. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; 2. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1) treatment two (2) or more times (within that same period of incapacity and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); 3. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; 4. Chronic Conditions Requiring Treatment. A chronic condition which: requires-at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; 56

61 5. Permanent/Long-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; 6. Multiple Treatments (non-chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. 3. Qualifying Exigency Leave. If you are an eligible employee (as defined above), you are entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a covered military member is on active duty or called to active duty status. The leave described in this paragraph is available during a single 12-month rolling period, and may be taken on an intermittent or reduced leave schedule basis. You will be required to provide a copy of the covered military member's active duty orders or other documentation issued by the military that indicates that the military member is on active duty or call to active duty status in support of a contingency operation and the dates of the covered military member's active duty service. Eligible employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "covered military member" means your spouse, son, daughter, son, or parent who is on active duty or called to active duty status. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; ( c) childcare and school activities; ( d) financial and legal arrangements; (e) counseling; (f) rest and recuperation; (g) post deployment activities, including reintegration activities, for a period of 90 days following the termination of active duty status; and, (h) additional categories that are agreed to by the employer and employee within this phrase. c. The phrase "son or daughter" is defined as your biological, adopted, or foster child, stepchild, legal ward, or child for whom you stood in loco parentis, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to you when you were a son or daughter but it does not included "parents in law". 4. Military Caregiver Leave. If you have been employed by the Company for at least twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding the start of the leave, and you work at or report to a work site which has fifty (50) or more Company employees within a 75-mile radius of that work site, and you are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Service member, as defined below, you are entitled to a total of twenty-six (26) workweeks of unpaid leave during a rolling 12-month period to care for the Covered Service member. The leave described in this paragraph shall only be available during a single 12-month period beginning as of the date the leave commences and ending 12 months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Service member (or the same Service member with multiple injuries or illnesses) up to a combined total of twenty six (26) workweeks in a rolling twelve (12) month period. Nothing in this paragraph shall be 57

62 construed to limit the availability ofleave under paragraphs la. through le. during any other 12-month period and this twenty six (26) week period of Military Caregiver Leave is in addition to other types of approved FMLA leave. However, your total available leave time in any rolling 12-month period may not exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any other reason). You will be required to timely submit the completed paperwork provided to you and available from our Human Resources Department as a condition of receiving approved Military Caregiver Leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy from an injury or illness occurring in the line of active duty and/or during active duty, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. b. "Outpatient status" means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. c. "Next of kin" means the nearest blood relative of that individual (regardless of age). You are required to provide confirmation of the relationship upon request. The Service member may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother/sister, grandparents, aunts/uncles, and then first cousms. d. "Serious injury or illness" means an injury or illness incurred by the Service member in the line of duty on active duty in the Armed Forces that may render the Service member medically unfit to perform the duties of the member's office, grade, rank or rating. 5. Spouses Employed by the Company. If your spouse also works for the Company and you both become eligible for a leave under paragraphs 1 a. or 1 b. above, or for the care of a sick parent under paragraph 1 c. above, the two of you together will be limited to a combined total of twelve (12) workweeks of leave in any rolling 12-month period. In addition, if you and your spouse both become eligible for a leave under the Service member Family Leave provision above or under a combination of the Service member Family Leave provision and paragraphs la. through le. above, the two of you together will be limited to a combined total of twenty-six (26) workweeks of leave in any rolling 12-month period, but if the leave taken by you and your spouse includes leave described in paragraphs 1 a. through 1 e. above, that leave shall be limited to a combined total of twelve (12) workweeks of leave in any rolling 12-month period. 6. Medical Certification. Any request for a leave under paragraphs le., ld. or under the Service member Family Leave provision above must be supported by certification issued by the applicable health care provider. You are required to submit this information on the forms provided to you and available from the Human Resources Manager. You will be required to submit a new medical certification form for each leave year for a medical condition(s) that last longer than one year. Additionally, you are required to submit a recertification of an ongoing condition every six (6) months in connection with an absence where the duration of the condition is described as "lifetime" or "unknown". At its discretion, the Company may require a second medical opinion and periodic recertification to support the continuation of a leave. If the 1st and 2nd opinions differ, a 3rd opinion can be obtained from a health care provider jointly approved by both you and the Company (unless you accept the second opinion as determinative). 58

63 7. Intermittent Leave. If certified as medically necessary for the serious health condition of either you or your spouse, child or parent (Paragraphs l c and l d, above), or to care for a Covered Service member if you are a spouse, child, parent or next of kin to the Covered Service member (Paragraph 3, above), leave may be taken on an intermittent or reduced leave schedule. Intermittent leave also may be taken if you qualify for leave because of a qualifying exigency as described in Paragraph le, above, subject to the submission of a certification prescribed by the Secretary of Labor. If leave is requested on an intermittent basis, however, the Company may require that you transfer temporarily to an alternative position which better accommodates recurring periods of absence or to a part-time schedule, provided that the position offers equivalent pay and benefits. 8. Light Duty Work Assignments. While voluntarily performing in a light duty capacity while on FMLA leave, that time does not count against your 12 week FMLA allotment. In effect, your right to restoration is held in abeyance during the period of time that you are performing in a light duty capacity (or until the end of the applicable 12 month FMLA leave year if longer). 9. Notification and Reporting Requirements. All requests for leaves of absence must be submitted to your supervisor or the Human Resources Manager at least thirty (30) days in advance of the start of the leave, except when the leave is due to an emergency or is otherwise not foreseeable. If the leave is foreseeable, you must provide notice as soon as "practicable", which generally means either the same day or the next business day that you learn of the need for leave, in the absence of any unusual circumstances. A delay in submitting an FMLA leave request may result in a loss of FMLA protections and/or a delay of the start of your leave. Your supervisor will forward the request to the Human Resources Manager for approval. You must respond to our questions relative to your leave request so that we can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If you are seeking leave due to an FMLA-qualifying reason for which the Company has previously granted you FMLAprotected leave, you must specifically reference the qualifying reason or need for FMLA leave at the time of your request to be away from work. It is not sufficient to simply "call in sick" without providing additional information which would reasonable cause the Company to believe your absence/time away from work may qualify as an FMLA qualifying event. In all cases in which you are seeking leave under this policy, you shall provide such notice to the Company consistent with the Company's established call-in procedures so long as no unusual circumstances prevent you from doing so. Failure to comply with the call-in procedures may result in a delay or denial of FMLA protected leave. You must make an effort to schedule a leave so as not to disrupt business operations. During the leave, you may be required to report periodically on your status and your intention to return to work. Any extension of time for your leave of absence must be requested in writing prior to your scheduled date of return to work, together with written documentation to support the extension. Your failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness-for-duty releases from their health care provider before they will be permitted to return to work. Your maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month period, unless you are a spouse, child, parent, or next of kin on leave to care for a Covered Service member, in which case your leave can last for up to twenty-six (26) workweeks in a rolling twelve (12) month period. An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. 59

64 A leave of absence will not affect the continuity of your employment. Your original date of employment remains the same for seniority purposes. However, you will not accrue any benefits during the period you are on a leave. 10. Employee Benefits During Family and Medical Leave of Absence. You will be permitted to maintain health and dental insurance coverage for the duration of the leave under the same conditions coverage would have been provided if you had remained actively at work. However, you must make arrangements for the continuation of and payment of insurance premiums before you go on leave status. If you do not return to work after the leave, or if you fail to pay your portion of the premiums, you will be required, under certain circumstances, to reimburse the Company for the costs and expenses associated with insuring you during the leave. 11. Return From a Family and Medical Leave. If the leave was due to your own serious health condition, you will be required to submit a fitness-for-duty certification from your health care provider in accordance with our normal policies and practices applicable to other leaves of absence, certifying that you are able to resume work and perform the essential functions of the job (either with or without a reasonable accommodation). A list of the essential job functions will be made available to you for compliance with this requirement. If a reasonable job safety concern exists, you also may be required to provide a fitness for duty certification up to once every 30 days before returning from an intermittent or reduced schedule FMLA leave related to your own serious health condition. Generally, a returning employee will be permitted to return to work within two (2) business days of the Company's receipt of a valid fitness for duty release. If you fail to return to work at the expiration of your approved Family and Medical Leave, it will be considered to be a resignation of your employment with us. Likewise, an employee on FMLA leave who provides notice of their intent not to return to work upon expiration of a leave will lose their entitlement to FMLA leave and related benefits. 12. Key Employees. Certain highly compensated key employees may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Company's operations. A "key" employee is a salaried Employee who is among the highest paid 10% of Employees at that location, or any location within a 75-mile radius. Employees will be notified of their status as a key employee, when applicable, after they request a Family and Medical Leave. 13. Coordination with Other Policies. You may substitute any accrued paid vacation days, personal time, and sick days (if you otherwise qualify) for unpaid leave under this policy, and any such paid time off must be taken concurrently with your Family and Medical Leave. If you otherwise qualify for disability pay, you will collect it at the same time you are on unpaid Family and Medical Leave. Further, if you otherwise qualify for any other type of leave of absence, you must take that leave at the same time as you are taking your Family and Medical Leave. All time missed from work that qualifies for both Family and Medical Leave, and for workers' compensation, will be counted toward your Family and Medical Leave. To receive any type of paid time off benefit while on FMLA leave, you are required to meet the Company's conditions for taking the paid leave (although the Company may in its discretion waive any procedural requirement for the paid leave in appropriate circumstances). 14. Anti-Retaliation Provisions. Be assured that no retaliation will be taken or tolerated against any employee who exercises his/her rights under our FMLA policy. If you feel that you have been the victim of any discrimination or retaliation under this Policy, you are encouraged to contact the Human Resources Coordinator so that the matter can be promptly investigated and remedied as appropriate. 60

65 APPENDIX C - WAGES (Hourly).. <. i> ><.. <..... <.. }L </. <> fl()uru.y..... >/<.... <> Step Current 5/1/16-4/30/17 5/1/17-4/30/18 Service Worker I 2.5 /o with Step 2%with step 11A $26.41 $ $ $27.73 $ $ C $29.12 $ $ $30.58 $ $ E $32.11 $ $ F $33.71 $ $ FF $34.55 $ $ Service Worker II 2.5% with Step 2% with step 13A $29.12 $ $ $30.58 $ $ C $32.11 $ $ $33.71 $ $ E $35.40 $ $ F $37.17 $ $ FF $38.10 $ $ Water Plant /Mechanic 2.5% with Step 2%with step 15A $32.11 $ $ $33.71 $ $ C $35.40 $ $ $37.17 $ $ E $39.02 $ $ F $40.98 $ $ FF $42.00 $ $

66 . NEW HIRES AFTER EXECUTION OF AGREEMENT Service Worker I 2.5%with Step 2%with step 11A $25.07 $ $ $25.69 $ $ C $26.33 $ $ $26.99 $ $ E $27.67 $ $ F $28.36 $ $ G $29.07 $ $ H $29.80 $ $ $30.54 $ $ J $31.30 $ $ K $32.09 $ $ L $32.89 $ $ M $33.71 $ $ KK $34.55 $ $ Service Worker II 2.5%with Step 2%with step 13A $29.12 $ $ $29.84 $ $ C $30.58 $ $ $31.33 $ $ E $ $ $ F $32.90 $ $ G $33.71 $ $ H $34.54 $ $ $35.40 $ $ J $36.27 $ $ K $37.17 $ $ KK $38.10 $ $ Water Plant/Mechanic 2.5%with Step 2%with step 15A $ $ $ $32.90 $ $ C $33.71 $ $ $34.54 $ $ E $35.40 $ $ F $36.27 $ $ G $37.17 $ $ H $38.08 $ $ $39.02 $ $ J $39.99 $ $ K $40.98 $ $ KK $42.00 $ $

67 APPENDIX Cl - WAGES (Annual).. \ \i:.. i. }?..2) > << {....\i ANN.LlAt:... >.....??..... > >..\ Y Step Current 5/1/16-4/30/17 5/1/17-4/30/18 Service Worker I 2.5%with Step 2%with step 11A $ 54, $ 56, $ 57, $ 57, $ 59, $ 60, C $ 60, $ 62, $ 63, $ 63, $ 65, $ 66, E $ 66, $ 68, $ 69, F $ 70, $ 71, $ 73, FF $ 71, $ 73, $ 75, Service Worker II 2.5%with Step 2%with step 13A $ 60, $ 62, $ 63, $ 63, $ 65, $ 66, C $ 66, $ 68, $ 69, $ 70, $ 71, $ 73, E $ 73, $ 75, $ 76, F $ 77, $ 79, $ 80, FF $ 79, $ 81, $ 82, Water Plant /Mechanic 2.5% with Step 2%with step 15A $ 66, $ 68, $ 69, $ 70, $ 71, $ 73, C $ 73, $ 75, $ 76, $ 77, $ 79, $ 80, E $ 81, $ 83, $ 84, F $ 85, $ 87, $ 89, FF $ 87, $ 89, $ 91,

68 ;.. :.,:..... NEW HIRES AFTER EXECUTION OF AGREEMENT... Service Worker I 2.5% with Step 2%with step 11A $ 52, $ 53, $ 54, $ 53, $ 54, $ 55, C $ 54, $ 56, $ 57, $ 56, $ 57, $ 58, E $ 57, $ 58, $ 60, F $ 58, $ 60, $ 61, G $ 60, $ 61, $ 63, H $ 61, $ 63, $ 64, $ 63, $ 65, $ 66, J $ 65, $ 66, $ 68, K $ 66, $ 68, $ 69, L $ 68, $ 70, $ 71, M $ 70, $ 71, $ 73, KK $ 71, $ 73, $ 75, Service Worker II 2.5% with Step 2%with step 13A $ 60, $ 62, $ 63, $ 62, $ 63, $ 64, C $ 63, $ 65, $ 66, $ 65, $ 66, $ 68, E $ 66, $ 68, $ 69, F $ 68, $ 70, $ 71, G $ 70, $ 71, $ 73, H $ 71, $ 73, $ 75, $ 73, $ 75, $ 76, J $ 75, $ 77, $ 78, K $ 77, $ 79, $ 80, KK $ 79, $ 81, $ 82, Water Plant/Mechanic 2.5% with Step 2%with step 15A $ 66, $ 68, $ 69, $ 68, $ 70, $ 71, C $ 70, $ 71, $ 73, $ 71, $ 73, $ 75, E $ 73, $ 75, $ 76, F $ 75, $ 77, $ 78, G $ 77, $ 79, $ 80, H $ 79, $ 81, $ 82, $ 81, $ 83, $ 84, J $ 83, $ 85, $ 86, K $ 85, $ 87, $ 89, KK $ 87, $ 89, $ 91,