R-18-08 Local 150VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-18-08
A RESOLUTION AUTHORIZING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD
AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its
home rule powers, as follows:
SECTION 1: The Collective Bargaining Agreement between the Village of Deerfield,
Illinois and the International Union of Operating Engineers, Local 150, attached to this Resolution
as Exhibit A hereof, be and the same is hereby approved.
SECTION 2: The President and Village Clerk of the Village of Deerfield are hereby
authorized and directed to respectively execute and attest the Collective Bargaining Agreement
between the Village of Deerfield and the International Union of Operating Engineers, Local 150,
in substantially the form attached hereto for and on behalf of the Village of Deerfield.
SECTION 3: That this Resolution, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Resolution should: (a) contain
terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
Resolution should be inconsistent with any non -preemptive state law, this Resolution shall
supersede state law in that regard within its jurisdiction.
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SECTION 4: That this Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED this 18th day of June , 2018.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 18th day of June , 2018.
ATTEST:
— L� - 4*
Village Clerk
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Village P esident
Final 6-14-18
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 150
PUBLIC EMPLOYEES DIVISION
AND
VILLAGE OF DEERFIELD
January 1, 2018 to December 31, 2021
TABLE OF CONTENTS
Page
Preamble
4
Agreement
4
Article I
Recognition
4
Section 1.1
Recognition
4
Section 1.2
New Classifications
4
Section 1.3
Department Head Defined
5
Article II
Union Rights
5
Section 2.1
Union Activity During Working Hours
5
Section 2.2
Time Off For Union Activities
5
Section 2.3
Union Bulletin Board
6
Section 2.4
Union Dues
6
Section 2.5
Fair Share Checkoff
6
Section 2.6
Appeal Procedure
7
Section 2.7
Hold Harmless
7
Section 2.8
Bargaining Rights
7
Article III
Management Rights
8
Article IV
Seniority
9
Section 4.1
Seniority Defined
9
Section 4.2
Breaks In Continuous Service
9
Section 4.3
Seniority List
9
Section 4.4
Probationary Employees
10
Article V
Hours Of Work And Overtime
10
Section 5.1
Workday And Workweek
10
Section 5.2
Lunch/Rest Periods
10
Section 5.2.5
Rest Period - Winter Or Other Operations
11
Section 5.3
Overtime Compensation
11
Section 5.4
Overtime Distribution
11
Section 5.5
Callback
12
Section 5.6
Compensatory Time Off
12
Section 5.7
No Pyramiding
13
Article VI
Layoff And Recall
13
Section 6.1
Definition And Notice
13
Section 6.2
General Procedures
13
Section 6.3
Recall Of Laid Off Employees
13
Article VII
Disciplinary Procedures
14
Section 7.1
Employee Discipline
14
Section 7.2
Right To Representation
15
Section 7.3
Limitation on Use of Certain Disciplinary Records
15
Article VIII
Grievance Procedure
15
Section 8.1
Grievance Defined
15
Section 8.2
Processing Of Grievance
15
Section 8.3
Grievance Steps
15
Section 8.4
Grievance Forms
17
Section 8.5
Settlements And Time Limits
18
Section 8.6
Union Stewards
18
Article IX
Holidays
18
Section 9.1
General Information
18
Section 9.2
Specific Applications
19
Section 9.3
Holiday Pay
19
Section 9.4
Flexible Work Hours On Holidays -Wastewater Treatment Facility
19
Article X
Vacations
19
Section 10.1
Vacation Accrual
19
Section 10.2
Vacation Usage
20
Section 10.3
Accumulated Vacation At Separation
20
Article XI
Sick Leave
20
Section 11.1
Sick Leave Accrual
21
Section 11.2
Sick Leave Use
21
Article XII
Leaves Of Absence
22
Section 12.1
Disability Leave
22
Section 12.1.5
Occupational Injury Leave
22
Section 12.2
Discretionary Leave Of Absence
23
Section 12.3
Funeral Leave
23
Section 12.4
Family And Medical Leave
23
Section 12.5
Jury Duty Leave
24
Section 12.6
Military Leave
24
Section 12.7
Leave Of Absence Without Pay
24
Article XIII
Health/Life/Medical/Retiree Benefits
25
Section 13.1
Medical Insurance Coverage
25
Section 13.2
Insurance Cost Allocation
25
Section 13.3
Disability/Retiree Insurance Coverage
27
Section 13.4
Eligibility For Insurance Coverage
27
Section 13.5
Insurance Coverage During Unpaid Leave
27
Section 13.6
Stoppage Of Coverage
27
Section 13.7
Life Insurance
28
Section 13.8
Dental Insurance
28
Section 13.9
Retiree Health Savings Plan
28
Section 13.10 Medical Exams
28
Section 13.11
Special Retirement Insurance Incentive
28
Article XIV
Employee Training And Education
29
Section 14.1
Compensation
29
Section 14.2
Educational Incentive
29
Article XV
Safety
30
Section 15.1
Unsafe Conditions
30
Article XVI
Labor -Management Meetings
30
Section 16.1
Labor -Management Conferences (LMC)
30
Section 16.2
Purpose
31
Article XVII
Uniforms And Equipment
31
Section 17.1
Uniforms/Boots
31
Section 17.2
Protective Clothing
31
2
Article XVIII Personnel Records
32
Section 18.1 Personnel Records
32
Section 18.2 Right Of Inspection And Copies
32
Article XIX Non -Discrimination
32
Section 19.1 Prohibition Against Discrimination
32
Article XX No Strike / No Lockout
32
Section 20.1 No Strike
32
Section 20.2 Consequences Of A Strike
33
Section 20.3 No Lockout
33
Article XXI Wages
34
Section 21.1 Wage Rates
34
Section 21.1.5 Longevity Pay
34
Section 21.2 Step Increments
34
Section 21.3 Compensation In Special Circumstances
35
Section 21.4 Performance Review
35
Section 21.5 Pay Periods
36
Section 21.6 On -Call Assignments
36
Section 21.7 Stipend For Certain Licenses
37
Article XXII Subcontracting
37
Article XXIII Drug And Alcohol Policy
37
Article XXIV Posting Of Vacancies
38
Section 24.1 Posting
38
Article XXV Savings Clause
38
Article XXVI Termination
38
Appendix A PW Contract Pay Schedules
40-44
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PREAMBLE
In order to establish harmonious employment relations through a mutual process, to
provide fair and equitable treatment to all employees, to promote the quality and continuance
of public service, to achieve full recognition for the value of employees and the vital and
necessary work they perform, to specify wages, hours benefits, and working conditions, and to
provide for the prompt and equitable resolution of disputes, the parties agree as follows:
AGREEMENT
This agreement has been made and entered into by and between the Village of
Deerfield, Illinois, (hereinafter referred to as the "Employer") and the International Union of
Operating Engineers, Local 150, Public Employees Division (hereinafter referred to as the
"Union"), on behalf of certain employees described in Article I.
ARTICLE I
RECOGNITION
SECTION 1.1: RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining representative in
all matters establishing and pertaining to wages and salaries, hours, working conditions, and
other conditions of employment on which it may lawfully collectively bargain for employees
within the following collective bargaining unit, as certified by the Illinois State Labor Relations
Board:
"INCLUDED
All full-time and regular part-time employees in the Deerfield Public Works
Department identified in this Agreement and listed in Appendix A.
SECTION 1.2: NEW CLASSIFICATIONS
The Employer 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 the employees in the bargaining unit.
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In the event there is a need for the establishment of new classifications, including rate of
pay, 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 is to be started, the employer may
start work at the rate it believes to be proper. If the rate mutually agreed on differs from that
established by the Employer, such rate shall be retroactive to the start of work in the new
classification.
SECTION 1.3: DEPARTMENT HEAD DEFINED
"Department Head" shall be defined as the Director of Public Works and
Engineering, or his/her designee.
ARTICLE II
UNION RIGHTS
SECTION 2.1: UNION ACTIVITY DURING WORKING HOURS
Union activities within Employer facilities shall be restricted to administering this
agreement.
The Stewards or his/her designees shall ask for and obtain permission before leaving
his/her job to conduct Union business. The Stewards or his/her designees shall ask for and
obtain permission from the Department Head of any employee with whom he/she wishes to
carry on Union business. The Department Head reserves the right to allow not more than a
reasonable number of employees to meet with a Union Steward at any given time, such
meetings not to interrupt the working schedule. Authorized agents of the Union shall have
access to the Employer'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, the Union provides reasonable prior notice to the Department
Head and there is no interruption of scheduled work activities.
SECTION 2.2: TIME OFF FOR UNION ACTIVITIES
Union Stewards shall be allowed time off without pay for legitimate Union business, such
as Union meetings and State and International conventions, provided such representative gives
reasonable prior notice to his/her supervisor of such absence. The employee may utilize
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accumulated time off (Holiday, Vacation Days, or Compensatory Time, but excluding sick
time) in lieu of the employee taking such without pay. Under no circumstances shall more than
one (1) Steward be permitted time off to partake in Union activities without the express
permission of the Department Head.
SECTION 2.3: UNION BULLETIN BOARD
The Employer shall provide a Union bulletin board at the Public Works Facility and
the Water Reclamation Facility. The board(s) shall be for the sole and exclusive use of the
Union.
SECTION 2.4: UNION DUES
During the term of this Agreement, the Employer agrees to deduct from the pay of those
employees who are Union members any or all of the following:
A. Union membership dues, fees, or assessments;
B. Union sponsored credit and other benefit programs.
Requests for any of the above shall be made on a form provided by the Union and shall
be made within the provisions of the State Salary and Annuity Withholding Act and/or any
other applicable State statute.
Upon receipt of an appropriate written authorization form from any employee, such
authorized deductions shall be made in accordance with the law and shall be remitted to the
Union on a twice monthly basis at the address designated in writing by the Union. The Union
shall advise the Employer of any increases in dues or other approved deductions in writing at
least thirty (30) days prior to its effective date.
The Union shall certify the current amount of Union deductions.
SECTION 2.5: FAIR SHARE CHECKOFF
During the term of this Agreement, employees covered by the terms of this Agreement,
who are not members of the Union or do not make application for membership, shall,
commencing sixty (60) days after their employment be required to pay a fair share fee, in lieu of
dues, to the Union for costs associated with collective bargaining and Labor Agreement
administration services rendered by the Union.
j
The proportionate fair share payment, with a letter of explanation as to that fair share
payment, as certified to be current by the Union pursuant to the Illinois Fair Labor Relations
Act, shall be deducted by the Employer for the earnings of the non-member employee each pay
period. The Union shall submit to the Employer a list of members covered by this Agreement
who are not members of the Union and an affidavit which specifies the amount of the fair share
fee.
The amount of the above employee deductions shall be remitted to the Union after the
deduction(s) made by the Employer with a listing of the employee, address, and 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 dues deduction, the Union shall be
responsible for the collection of that employee's dues. The Union agrees to refund to the employees
any amounts paid to the Union in error on account of this dues deduction provision.
The Union agrees to assume full responsibility to ensure full compliance with all
applicable laws, both State and Federal.
SECTION 2.6: APPEAL PROCEDURE
The Union further agrees to provide fair share fee payers with an appeal procedure
in accordance with all applicable laws, both State and Federal.
SECTION 2.7: HOLD HARMLESS
The Union shall have and save the Employer harmless for any and all responsibility
and claims in connection with the collection and disbursement of monies under this Article
and Agreement.
SECTION 2.8: BARGAINING RIGHTS
The Union and all bargaining unit members shall maintain all rights protected under
law. This shall include the right to bargain collectively with regard to Employer policy matters
directly affecting wages, hours and terms and conditions of employment.
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ARTICLE III
MANAGEMENT RIGHTS
SECTION 3.1: MANAGEMENT RIGHTS
Subject to the express provisions of the agreement, the Employer retains all its
traditional rights through its Village Manager and his/her agents and designees to manage and
direct the affairs of the Employer in all of their various aspects and to manage and direct employees,
including the following: to determine the mission of the Employer and its various departments; to
determine the number and location of facilities and offices as well as the staffing and equipment
for such offices and facilities; to determine whether and to what extent it will contract or
subcontract for the provision of any services and upon what terms and conditions such contracts
will be entered into; to plan, direct, control and determine all the operations and services of the
Employer and its various departments; to supervise and direct the working forces; to hire,
assign, transfer and promote employees; to establish the qualifications of employment, and to
determine the number of employees; to schedule and assign work; to establish and or modify
performance standards and objectives from time to time; to assign overtime; to determine the
methods, means, organization and number of personnel by which such operations and services
shall be provided or subcontracted; to reasonably make, alter and enforce various rules,
regulations, safety rules, orders procedures and policies; to evaluate employees; to discipline,
suspend, demote and discharge employees for just cause (including probationary employees
without just cause); to alter, change, modify, substitute or eliminate existing methods,
equipment, uniforms or facilities; to layoff employees when necessary when determined by the
Employer; to reasonably establish dress and appearance standards; to determine and establish,
change, combine or abolish positions and job classifications pursuant to this Agreement; and to
determine the duties, responsibilities, and work assignments of any position or job
classification; provided, that the exercise of such management rights by the Employer shall not
conflict with the express provisions of this Agreement. The Employer expressly reserves the
right under this agreement to exercise all management rights set forth in Section 4 of the Illinois
Public Labor Relations Act. In addition, the Employer may establish all requirements, rules,
policies and procedures and orientation for newly hired employees during their probationary
period, so long as such requirements, rules, policies and procedures and orientation do not
conflict with the express provisions of this Agreement.
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ARTICLE IV
SENIORITY
SECTION 4.1: SENIORITY DEFINED
An employee's seniority shall be defined as the period of the employee's most
recent continuous regular employment with the Employer.
SECTION 4.2: BREAKS IN CONTINUOUS SERVICE
An employee's continuous service and seniority will be broken when he/she:
A. Quits;
B. Is discharged for just cause (probationary employees may be discharged without
just cause);
C. Is laid off pursuant to the express provisions of the applicable Agreement for a
period of eighteen (18) months or more;
D. Retires;
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 return to work within three (3) days of being recalled;
G. Fails to report to work or notify the Employer during an absence of three (3)
consecutive work days unless the employee is unable to do so for reasons beyond his/her
control which could not be reasonably anticipated.
If an employee returns to work in any capacity for the Employer within twelve (12) months,
the break from continuous work shall be removed from his/her record but there shall be no credit
for the times between periods of employment.
SECTION 4.3: SENIORITY LIST
Once each year, the Employer shall post a seniority list for each Public Works
employee indicating each individual employee's seniority. A copy of the seniority list shall be sent
to the Union when it is posted. A seniority list shall be accepted and final thirty (30) days after it
is posted, unless protested by the Union or an employee.
0
SECTION 4.4: PROBATIONARY EMPLOYEES
An employee is probationary for the first one (1) year of employment, with the Employer's
option to extend that period for up to six (6) additional months. 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, except as otherwise provided for in this
Agreement, until he/she has completed the required probationary period. Upon such completion,
he/she will acquire seniority retroactively from the date of employment. During the probationary
period, no grievance shall be filed by or on behalf of such employee regarding discharge or
discipline however he/she shall have all other applicable benefits under this agreement.
During the employee's probationary period, the employee may be suspended, laid off or
terminated at the sole discretion of the Employer.
ARTICLE V
HOURS OF WORK AND OVERTIME
SECTION 5.1: WORKDAY AND WORKWEEK
The workday for bargaining unit employees is eight (8) hours and the workweek is forty
(40) hours.
The normal workday and workweek schedule for bargaining unit employees shall be
from 7:00 a.m. — 3:30 p.m., Monday — Friday. Pursuant to Employer policy, the workweek
shall be defined as 12:00 a.m. Saturday through 11:59 p.m. Friday. In addition, employees
shall be required to work additional time as may be required in the sole judgment of the
Employer to serve the citizens and businesses of the community of the Village of Deerfield.
Employees are required to report to work at the normal scheduled starting time. The Employer
reserves the right to change employee starting times if necessary, from 6:00 a.m. to 7:30 a.m.
in half-hour increments.
SECTION 5.2: LUNCH/REST PERIODS
Employees shall be granted a one hour lunch (1/2 hour paid, 1/2 hour unpaid) during
the midpoint of each day. Lunch shall generally be taken from approximately 11:30 AM to
12:30 PM, subject to pending work assignments. Additionally, where the requirements of the
job require that employees work through their lunch period, employees shall be allowed to
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leave work thirty (30) minutes early. Employees shall be granted up to fifteen (15) minutes of
clean-up time at the end of their shift.
SECTION 5.2.5: REST PERIOD — WINTER OR OTHER OPERATIONS
During winter operations, or other operations where it is necessary for extended work
periods, employees may be directed by the Employer to serve a reduced period during their normal
work day to prepare for a storm or other emergency operation. Employees shall not be required to,
but may be permitted to, take accrued leave to fill out said shortened normal day. This section is
not intended to extend or alter the starting time (except as provided in Section 5.1) for the purpose
of reducing the hours worked that qualify as overtime; nor to require employer to pay for employee
normal hours not worked due to early dismissal, except as provided in the following paragraphs.
If an employee is directed by the Employer to serve a reduced period during their normal
workday in anticipation of a callback for a stone or other operation and is not called back to work
for that storm or other operation, then the employee shall be compensated at his normal rate for
any hours not worked during the period between 7 AM and 3:30 PM on the reduced period day.
If an employee was called back for the anticipated storm or other emergency operation
prior to a normal work day, he shall not be sent home during the hours of 7 AM to 3:30 PM unless
the employee agrees to said shortened work day. Employees shall not be required to, but may be
permitted to, take accrued leave to fill out said shortened day.
SECTION 5.3: OVERTIME COMPENSATION
A bargaining unit employee shall be paid at one and one-half (1 1/2) his/her regular hourly
rate of pay for all hours worked outside of his/her regularly scheduled hours, including holidays,
except as designated in Section 9.3.
SECTION 5.4: OVERTIME DISTRIBUTION
The Employer agrees to distribute overtime as equally as possible amongst those
employees who usually perform the type of work at issue. The employee working on any job that
extends into overtime shall have first claim on the overtime. The parties recognize that they have
an obligation to the community to provide services which may result in the assignment of overtime.
The Employer reserves the right to assign overtime as outlined in Section 5.1. The Employer will
offer voluntary overtime opportunities to employees. If an insufficient number of volunteers so
11
respond, the Employer shall assign overtime on the basis of reverse seniority. However, the
Employer retains the authority to select specific employees for overtime assignments based upon
specific skills, ability and experience for the conclusion of a particular assignment.
The employment of part-time, temporary, 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 other personnel on said overtime without violating the Agreement. The
foregoing does not apply to seasonal help hired by the Employer in accordance with past
practice.
SECTION 5.5: CALLBACK
Employees called in on an off-duty time after leaving the work premises will be
compensated at the rate of time and one half (11/2) (double time on Employer recognized
holidays) with a minimum of two (2) hours compensation being granted, one hour of drive
time and one hour of work time. Employees held over are not eligible for drive time overtime.
If an employee is off work on a regular work day (7AM-3:30 PM M -F) on vacation, comp time
or personal day, and the employee is called back to work, the employee will not lose that paid
time off, and will be compensated 1 hour at the overtime rate for travel, in addition to straight -
time pay on the job.
SECTION 5.6: COMPENSATORY TIME OFF
The Employer agrees to grant compensatory time off in lieu of overtime payment at
the employee's discretion and at the same overtime rate. Employees shall be allowed to
accumulate up to a maximum of a rolling forty (40) hours. Compensatory time off shall be
granted at the employee's request at such time and in such blocks as are mutually agreed between
the employee and his/her immediate supervisor, subject to the operational needs of the
department. Permission to use compensatory time shall not be unreasonably denied. The
Employer or the employee shall be permitted to cash out accrued compensatory time once per
year at the fiscal year end.
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SECTION 5.7: NO PYRAMIDING
Compensation will not be paid (nor compensatory time taken) more than once for the
same hours under any provision of this Article or Agreement.
ARTICLE VI
LAYOFF AND RECALL
SECTION 6.1: DEFINITION AND NOTICE
A layoff is defined as a reduction in bargaining unit jobs. The Employer, at its
discretion, shall determine whether layoffs are necessary. Except in an emergency, no layoff
will occur without at least twenty-one (21) days' notification to the Union.
SECTION 6.2: GENERAL PROCEDURES
If it is determined that layoffs are necessary, employees covered by this Agreement will
be laid off in accordance with their length of service as outlined in Article IV. However, prior to
laying off any bargaining unit employees, all probationary or permanent part-time employees shall
be laid off or terminated, as the case may be. The Employer agrees to consult the Union, upon
request, and afford the Union an opportunity to negotiate the impact and propose alternatives to
the layoff, though such consultation/negotiation shall not be used to delay the layoff.
SECTION 6.3: RECALL OF LAID OFF EMPLOYEES
Employees who are laid off shall be placed on a recall list for a period of eighteen
(18) months. If there is a recall, employees who are still on the recall list shall be recalled in the
inverse order of their layoff.
Employees who are eligible for recall shall be given fourteen (14) days' notice of recall
and notice of recall shall be sent to the employee by certified or registered mail, return receipt
requested, with a copy to the Union. The employee must notify the Director of Public Works or
his/her designee(s) of his/her intention to return to work within three (3) days after receiving notice
of recall. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice
by certified or registered mail, return receipt requested, to the mailing address last provided by the
employee, it being the obligation and responsibility of the employee to provide the Director of
Public Works or his/her designee(s) with his/her latest mailing address. If an employee fails to
timely respond to a recall notice, his/her name shall be removed from the recall list.
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ARTICLE VII
DISCIPLINARY PROCEDURES
SECTION 7.1: EMPLOYEE DISCIPLINE
The Employer agrees with the tenets of progressive and corrective discipline and that it
will 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 this process may be
skipped. Disciplinary action may involve any one or more of the following:
A. Oral Reprimand - A verbal warning to the employee from a supervisor that if his/her
actions continue, a written reprimand will be issued.
B. Written Reprimand -A written reprimand shall be transmitted through the Director of
Public Works to the employee and the Village Manager and shall state the specific actions
leading to the reprimand. A copy of said reprimand shall be placed in the employee's
personnel file.
C. Suspension - Temporary removal from duty status without pay of an employee for
a specified or indefinite period. Suspension shall be approved by the Director of Public
Works.
D. Demotion - An employee may be moved to a position in a class with a lower
maximum salary rate for serious misconduct. Demotion shall be recommended by the
Director of Public Works and approved by the Village Manager.
E. Dismissal - Dismissal shall be recommended by the Director of Public Works and
approved by the Village Manager.
Prior to actual imposition of written reprimands, suspension without pay, demotion, 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 clearly and concisely of the basis for such action. Furthermore,
upon the request of the employee, a representative of the Union (Steward) shall be allowed to
be present and participate in such discussions.
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SECTION 7.2: RIGHT TO REPRESENTATION
The employee shall be allowed to have a Union Steward present during any
investigatory interview(s).
SECTION 7.3: LIMITATION ON USE OF CERTAIN DISCIPLINARY RECORDS
Prior discipline which is more than twelve (12) months old will not be considered for
purposes of progressive discipline provided the employee has not engaged in the same or
similar misconduct during the preceding twelve (12) months. Discipline resulting from
harassment, discrimination, workplace violence and violation of drug and alcohol workplace
rules is not subject to this limitation.
ARTICLE VIII
GRIEVANCE PROCEDURE
SECTION 8.1: GRIEVANCE DEFINED
A "grievance" is defined as a dispute or difference of opinion raised by an employee or
the Union against the Employer involving the meaning, interpretation, or application of this
Agreement.
SECTION 8.2: PROCESSING OF GRIEVANCE
Grievances shall be processed only by the Union on behalf of an employee or on behalf
of a group of employees or itself setting forth name(s) or group(s) of the employee(s). The Grievant
or one Grievant representing a group of Grievants may be present at any step of the grievance
procedure and the employee is entitled to Union representation at each and every step of the
grievance procedure. The resolution of a grievance filed on behalf of a group of employees shall
be made applicable to the appropriate employees within that group.
SECTION 8.3: GRIEVANCE STEPS
STEP ONE: DEPARTMENT HEAD
The Union may submit the grievance to the Department Head within fifteen (15)
business days of the event giving rise to the grievance or the Union's reasonable knowledge of the
events giving rise to the grievance or the day when the grievant and/or Union through the use of
normal diligence, could have obtained knowledge of the first occurrence of the event giving rise to
15
the grievance. The grievance shall be signed by the grievant and shall set forth a statement of
relevant facts, the specific contract provision(s) allegedly violated and the relief requested. The
Department Head or his/her designee shall schedule a conference within ten (10) business days of
the receipt of the grievance to attempt to adjust the matter. The Department Head or his/her
designee shall submit a written response within ten (10) business days of the conference. If the
conference is not scheduled, the Department Head or his/her designee shall respond to the
grievance in writing within ten (10) business days of receipt of the appeal.
STEP TWO: VILLAGE MANAGER
If the grievance remains unsettled at step one, the Union may advance the written
grievance to the Village Manager within ten (10) business days of the response in step one or when
such response was due. The Village Manager or his/her designee shall schedule a conference within
ten (10) business days of receipt of the grievance to attempt to adjust the matter. The Village
Manager or his/her designee shall submit a written response within ten (10) business days of the
conference. If the conference is not scheduled, the Village Manager or his/her designee shall
respond to the grievance in writing within ten (10) business days of receipt of the appeal.
STEP THREE: ARBITRATION
If the grievance remains unsettled after the response in step two, the Union may refer the
grievance to arbitration within ten (10) business days of the step two response. The Union shall
request either the Federal Mediation and Conciliation Service or the American Arbitration
Association to submit a panel of seven (7) Illinois -based arbitrators. The parties shall alternately
strike the names of arbitrators, taking turns as to the first strike. The Union shall strike the first
name from the first list. The person whose name remains shall be the arbitrator, provided that either
party, before striking any names, shall have the right to reject one (1) panel of arbitrators.
Both parties shall have the right to request the arbitrator to require the presence of witnesses
and/or documents. Each party shall bear the costs of its own witnesses. Questions of arbitrability
shall be decided by the arbitrator. The arbitrator shall make a preliminary determination on the
question of arbitrability. If it is determined that the matter is arbitrable, the arbitrator shall then
proceed to determine the merits of the dispute.
In the conduct of any arbitration under this Article, the rules and procedure governing the
conduct of the arbitration proceedings of the American Arbitration Association shall control, except
where specifically limited by this Article. The arbitrator shall have no right to amend, modify,
nullify, ignore, add or subtract for the provisions of this Agreement.
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The arbitrator shall only consider and make a decision with respect to the specific issue or
issues of contract interpretation or application appealed to arbitration and shall have not authority
to make a decision on any other issue not so submitted.
The expenses and fees of the arbitrator and the cost of the hearing room shall be shared
equally by both parties. Nothing in this Article shall preclude the parties from agreeing to the
appointment of a permanent arbitrator(s) during the tern of this Agreement or to use the expedited
arbitration procedures of the American Arbitration Association.
If either party desires a verbatim record of the proceedings, it may cause such to be made,
providing it pays for the record and makes a copy available without charge to the arbitrator. If the
other party desires a copy, it shall equally pay for the expense of such.
The arbitrator shall render his/her decision in writing to the parties within thirty (30)
calendar days following the close of the arbitration hearing or the submission date of briefs,
whichever is later. The arbitrator shall report his/her findings with a written opinion. The decision
and opinion shall address solely the issue(s) raised in the written statement of the grievance as to
whether there has been a violation of this Agreement. The award shall be consistent with applicable
laws and rules and regulations of administrative bodies that have the force or effect of law. The
award shall clearly direct the parties as to what action(s) must be taken in order to comply with this
award.
The decision and award of the arbitration shall be final and binding to the Union,
employees, and Employer. Such decision shall be within the scope and terms of this Agreement
but shall not change any of its terms or conditions.
SECTION 8.4: GRIEVANCE FORMS
The written grievance required under this Article shall be on a form which shall be provided
by the Union. It shall contain a statement of the Grievant's complaint, the section(s) of this
agreement that have been allegedly violated, the date of the alleged violations and the relief being
sought. This 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
the denial of the grievance.
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SECTION 8.5: SETTLEMENTS AND TIME LIMITS
If a grievance is not filed or appealed within the time limits specified in this Article,
the grievance shall be deemed to have been waived. If the Employer or any of its representatives
fails to respond within the required time limits, the grievance shall automatically be moved to the
next step. Any grievance not appealed to the next succeeding step in writing and within the
appropriate number of work days of the Employer's last answer will be considered settled on the
basis of the Employer's last answer and shall not be eligible for further appeal, except that the
parties may, in any individual case (except discharge cases) extend this limit by unilateral written
notice.
SECTION 8.6: UNION STEWARDS
Three (3) authorized bargaining unit representatives (one steward from wastewater and
two others) shall be designated by the Union as the Stewards. Two (2) duly authorized bargaining
unit representatives shall be designated by the Union as the alternate Stewards. The Union will
provide written notice to the Director of Public Works to identify the Stewards.
ARTICLE IX
HOLIDAYS
SECTION 9.1: GENERAL INFORMATION
Official holidays recognized by the Employer for employees are as follows:
New Year's Day
President's Day
Thanksgiving Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Day After Thanksgiving
Christmas Day
Three Floating Personal Days
Employees will be paid for the holiday only if they are in an approved pay status the
scheduled day before and the day following the holiday. Floating personal days may only be
used with the prior approval of the employee's supervisor.
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SECTION 9.2: SPECIFIC APPLICATIONS
When a holiday falls on a Saturday, it will be observed on the preceding Friday. When
a holiday falls on a Sunday, it will be observed on the following Monday.
SECTION 9.3: HOLIDAY PAY
Employees shall receive eight (8) hours pay for each holiday. Double time (2X) pay
will only be earned for that time worked between 12:01 a.m. and 12:00 midnight on the actual
holiday.
When an actual holiday falls on a weekend the observed holiday is on Monday (if the
actual holiday falls on Sunday) or Friday (if the actual holiday falls on Saturday).
SECTION 9.4: FLEXIBLE WORK HOURS ON HOLIDAYS —
WASTEWATER TREATMENT FACILITY
Employees at the wastewater reclamation facility (WRF) scheduled to work on any
Village- recognized holiday may, with the approval of the WW Superintendent, utilize flexible
starting or ending hours.
ARTICLE X
VACATIONS
SECTION 10.1: VACATION ACCRUAL
Vacations with pay will be granted in each calendar year to eligible employees as follows:
Leneth of Continuous Service
From 0 through the 48 months of continuous service
From 49 through 108 months of continuous service
From 109 through 228 months of continuous service
From 229 months of continuous service on
Vacation Earned Annual Accrual
10/12 days per month
10 days
15/12 days per month
15 days
20/12 days per month
20 days
25/12 days per month
25 days
Upon completion of the initial six (6) month's employment, each employee shall be
credited with five (5) days of vacation, and will continue to accrue vacation time each year
thereafter in accordance with the above schedule.
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SECTION 10.2: VACATION USAGE
A. No more than one year's vacation leave may be carried over by an employee to the
following year. Up to one (1) year's equivalent accrued vacation may be sold back in any one (1)
year to the employer prior to April 30 at eighty (80) percent of the employee's regular rate.
B. Vacation leave should be used in increments of one (1) week or multiples thereof The
Department Head may, at his/her discretion, approve vacation leave requests for periods of less
than one week. Such approval shall not be unreasonably denied. The minimum increment of
vacation time usage is one (1) hour.
C. Vacation allowances are exclusive of Saturdays, Sundays and holidays. If a holiday
falls immediately before, after or during a scheduled vacation period, the holiday is not counted as
a vacation day.
D. No more than two (2) employees in any division may schedule vacation during the
same period of time. During leaf pick-up season, no more than one (1) employee in any division
may schedule vacation time at a given time.
SECTION 10.3: ACCUMULATED VACATION AT SEPARATION
Upon separation, an employee shall be paid for all unused, accrued vacation time based
on the employee's current rate of pay.
ARTICLE XI
SICK LEAVE
SECTION 11.1: SICK LEAVE ACCRUAL
Upon completion of six (6) months of employment, employees shall accrue sick leave at
the rate of one (1) day for each month during which the employee is in the service of the
Village. Each employee may accumulate unlimited sick leave.
Two months after retirement, an employee will receive one half (1/2) day's pay for each
sick leave day accrued to a maximum of one hundred sixty (160) days at a rate equal to the
employee's normal pay at the time of retirement. In order to be eligible for accrued sick leave
payment, an employee must have been employed by the Employer for at least fifteen (15)
consecutive years. If an employee has more than one hundred sixty (160) days accumulated, the
employee shall only receive credit for one hundred sixty (160) days, which will be equal to eighty
(80) full days of pay. Employees who leave the Employer's employ as a result of disciplinary
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action or terminate their employment without immediately drawing a pension do not qualify for
the accrued sick leave payment.
SECTION 11.2: SICK LEAVE USE
Sick leave shall be granted in minimum one (1) hour blocks for any of the reasons listed
below:
A. Incapacitation due to illness, injury, or disability;
B. Personal medical or dental appointments which cannot be scheduled outside of
normal work hours;
C. Family illness (spouse or child) that requires an employee's presence. Should
sick leave benefits be exhausted in the case of prolonged personal illness, the employee may
utilize accrued vacation, holiday, or compensatory time for further sick leave allowances.
Sick leave is granted to employees as a privilege. It shall be used only when necessary and
shall not be abused. If an employee is unable to report for work due to illness or other emergency,
he/she must so inform his/her Department Head prior to the time set for beginning his/her regular
duties. Failure to do so each day of absence, or at agreed intervals in the case of extended illness,
shall result in a loss of that day's pay.
After three (3) days of absence, or if there is repeated recurrence of sick leave, the
Department Head may require a medical certificate. As a mutual protection for the employee and the
Employer, the Village Manager or Department Head may require an employee to submit to a
complete physical examination by a physician designated by the Employer when, in his/her opinion,
the performance of the employee may have become seriously limited or weakened by virtue of
impaired health.
After an employee has taken sick leave on three occasions over a six month period, the
Employer may require a physician's certificate for subsequent sick leave used within the next year.
Employees who are unable to return to work after having exhausted their sick leave allowances
will be given, if eligible, the option of 1) going on temporary disability through IMRF, or 2) using
their vacation, holidays, or compensatory time for further sick leave allowances.
Employees who leave the Employer's service as a result of disciplinary action do not
qualify for accrued sick leave payment.
The date of an employee's return following childbirth shall be governed by this Section
and the Village's FMLA policies.
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ARTICLE XII
LEAVES OF ABSENCE
SECTION 12.1: DISABILITY LEAVE
In the event of a temporary disability, an employee may apply for disability payment
through the Illinois Municipal Retirement Fund (IMRF).
SECTION 12.1.5 OCCUPATIONAL INJURY LEAVE
Any employee who is injured in the course of duty shall be granted up to 15 days paid
leave per 12 month period, without such leave being charged against any sick leave days which
that employee may have accumulated.
Upon exhaustion of all injury leave, an employee may use any accumulated sick leave to
supplement the payment from Workers' Compensation Any leave used for this purpose from any
leave account shall be charged in increments of at least 2 hours for every one day the employee
has accumulated.
All employees of the Village are covered by Workers Compensation insurance, as provided
in State statutes, in the event of accident or death occurring while on the job. This protection is in
force regardless of who is at fault in the accident. It is necessary that the employee notify his/her
Department Head as soon as possible of the accident, and in no event shall he/she delay notification
longer than 24 hours. In the event of loss of time caused by the accident, such loss of time will be
reported to the Human Resources Department, which will prepare all necessary correspondence.
An employee must report to the Human Resources Department when returning to work from a lost
time injury so as to establish the employee's claim.
In no case shall the total Workers' Compensation payments plus the supplemental payments
charged to sick leave, injury leave, vacation or holidays be greater than the employee's regular
wage.
To receive any of the above mentioned injury leave benefits, an employee must submit a
physician's certificate stating the injury and the suggested amount of time off needed to allow the
injury to heal.
During the period of disability, the injured employee shall not be employed in any other
manner, with or without monetary compensation. Any person who is employed in violation of this
provision forfeits the continuing compensation from the time such employment begins. Any salary
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compensation due the injured employee from Workers Compensation or any salary due him/her
from any type of insurance which may be carried by the Village shall revert to the Village during
the time such employment continues. Any disabled employee receiving compensation under this
provision shall not be entitled to any benefits for which he/she would qualify because of his/her
disability under the provision of the Illinois Pension Code, as amended.
An employee who is eligible for occupational injury leave may be required to return to
work for an available temporary light duty assignment. Light duty work shall be determined by the
Department Head in consultation with the employee and the employee's physician. An employee
on light duty may be assigned to work in any Village Department, but that decision lies solely with
the Village. It shall be at the sole discretion of the Village to make such light-duty work available
and to allow an employee to perform such light duty work.
SECTION 12.2: DISCRETIONARY LEAVE OF ABSENCE
An employee with at least twelve (12) months seniority may petition the Department
Head for a special leave of absence. Such leave of absence is without pay and fringe benefits
SECTION 12.3: FUNERAL LEAVE
Employees may, upon the recommendation and at the discretion of the Department Head
and with the approval of the Village Manager, be granted up to three (3) days with pay to attend
the funeral of any of the following relatives: spouse, parent, child, stepchild, sibling, father/mother-
in-law, grandparents, spouse's grandparents, or any other relative living in the same household
with the employee. This leave may be extended up to a total of five (5) days with the prior approval
of the Village Manager. Time allowed in each circumstance is governed by the immediacy of the
relative and the distance to be traveled to attend the funeral, among other considerations. Requests
for funeral leave will be considered as soon as possible following notice of the bereavement.
SECTION 12.4: FAMILY AND MEDICAL LEAVE ACT
The parties agree that the Village may adopt such policies as it deems may be
necessary or appropriate to implement the FMLA.
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SECTION 12.5: JURY DUTY LEAVE
Employees will be given leaves of absence to cover the time needed to complete jury
service, when called. The leave is "with pay" to the extent that the Employer will pay the employee
the difference between the payment for jury duty and the employee's regular daily pay at straight
time. The employee will endorse each jury check to the Employer, and the Employer will in turn
authorize payment of the employee's regular pay. Employees on jury duty are required to contact
their supervisors each day to keep them apprised of the potential length of the jury service.
SECTION 12.6: MILITARY LEAVE
Employees shall notify the Employer within three (3) calendar days of any notice to
perform military duty. Employees shall have rights conferred by (50 ILCS 140/) Local
Government Employees Benefits Continuation Act, (5 ILCS 325/) Military Leave of Absence
Act, the (5 ILCS 330/) Public Employees Armed Services Rights Act, and any amended or
other applicable law governing employment rights of members of the military. The Employer
agrees to pay the employee his/her regular salary as required under the statutes provided the
employee returns all military base pay earned during such leave to the Employer. When an
employee is absent due to military duty, and no signed official orders are available to the
Employer, the differential pay will be made upon receipt of the employee's military paycheck.
Upon the expiration of such leave of absence, the employee will be restored to his/her former
job classification at the same rate of pay, provided the employee applies for re-employment within
ninety (90) days after discharge from active service or hospitalization continuing after discharge.
SECTION 12.7: LEAVE OF ABSENCE WITHOUT PAY
Leave of absence without pay may be granted by the Village Manager when requested by
such employee if such leave is deemed justified.
An employee requesting a leave of absence for any reason must submit a written request.
The request must be approved by the Department Head and forwarded to the Village Manager who
will make the final decision. Requests for a leave of absence must be made at least thirty days in
advance of the requested leave to allow time to carry out this procedure. Sick leave and vacation
benefits shall not be accrued while on leave of absence.
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An employee granted a leave of absence without pay may keep his/her health insurance
pursuant to COBRA regulations. Failure to make such arrangements, or regularly scheduled
premium payments, will result in cancellation of the benefits. If a benefit is cancelled, the rules
and regulations of the carrier shall apply when the employee returns and seeks such coverage.
An employee's anniversary date shall be changed to reflect the amount of time of the leave
if the leave is longer than thirty (30) days. If the leave is less than thirty (30) days, there will be no
adjustment to the anniversary date.
Employees requesting a leave of absence without pay must be aware that any position may
be eliminated or substantially changed; therefore, absolute assurance of reinstatement cannot be
given.
The Village will attempt to place the former employee in a suitable position at the first
opportunity.
Failure of an employee to report for duty within three (3) working days of the expiration
of leave shall result in termination.
ARTICLE XIII
HEALTH/LIFE/MEDICAL/RETIREE BENEFITS
SECTION 13.1: MEDICAL INSURANCE COVERAGE
The Employer will provide group medical insurance for all regular employees who
normally work a minimum of thirty (30) hours per week and their dependents as set
forth herein. Notwithstanding the foregoing, the Employer retains the right to change insurance
carriers or to self -insure or to adopt additional coverage alternatives or join a health insurance pool
for the provision of medical benefits, dental benefits or life insurance. The Employer further
reserves its right to institute, maintain and change cost containment, benefit and other provisions
of the medical plan provided that such changes made shall only take effect on the plan anniversary
date, currently July 1.
SECTION 13.2: INSURANCE COST ALLOCATION
Effective 1-1-18:
A. HMO.
As of the date of this agreement, the employee premium share for HMO is as follows:
Employee: 5%
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Employee + I and Family: 10%
Under the prior collective bargaining agreement, the Village maintained the right to increase
employee HMO premium share as follows:
Employee from 5% to 15%
Employee +1 and Family from 10% to 15%.
The Village did not exercise this right during the term of the prior contract. The Village shall
maintain this premium -increase right during the terms of this agreement.
B. PPO.
The current employee premium and deductible share for PPO are:
Premium Share Deductible
Employee 15% $ 500.00
Employee +1 and Family 15% $1,000.00
Effective 1-1-21, if the Village increases the employee premium contribution for members of
the police collective bargaining unit, public works bargaining unit members' premium
contributions and deductibles will automatically receive the same marginal increase.
Effective 1-1-21:
Employee 20% $ 750.00
Employee +1 and Family 20% $1,500.00
C. The Village will permit employees who are enrolled in one of the Village's health
insurance plans to opt -out of the Village plan during open enrollment or as a result of a life
change, provided such employees provide proof of other health insurance at the time of opt -
out. During each full calendar month during which the employee is not covered by the Village
plan, the Village will pay such employee $175.00 per month. Any employee who opts out of
the Village's insurance plan may apply to re -enroll at the next annual open enrollment, or as a
result of a life change in accordance with the terms of the Village's health insurance plan. This
benefit is not available to employees who change their status with respect to the Village plan
but remain covered under the Village plan.
SECTION 13.3: DISABILITY/RETIREE INSURANCE COVERAGE
Regular employees who retire or receive a disability pension from Deerfield may
continue to be covered by the Employer's group policy, including dental but excluding life
insurance, provided they have worked for the Employer for a minimum of ten (10) years and
receive a pension from the Employer immediately upon their separation from service. Retirees
and their dependents, if applicable, who opt for this benefit must participate in the Employer's
health insurance program without interruption.
SECTION 13.4: ELIGIBILITY FOR INSURANCE COVERAGE
A newly hired employee must work without interruption for a period of thirty (30)
calendar days to be eligible for health and life insurance benefits and ninety (90) days to be
eligible for dental benefits. Employee co -payments will not begin until eligibility is reached.
Eligibility may also be affected by terms and provisions contained in the plan of benefits for
the particular insurance coverage. A copy of the plan benefit summary is available for all
employees.
SECTION 13.5: INSURANCE COVERAGE DURING UNPAID LEAVE
Employees who are unable to work due to non -work related disability or other approved
absence without pay may continue to be covered by the group policy, excluding life and dental
insurance, if they pay the full cost of the insurance, monthly, in advance. Coverage may continue
for the disabled employee until the employee is eligible for Medicare.
SECTION 13.6: STOPPAGE OF COVERAGE
All coverages cease on the date of termination for employees leaving the service of
the Employer. An employee or dependents may be eligible for continuation of coverage under
COBRA provisions.
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SECTION 13.7: LIFE INSURANCE
The Employer will provide life insurance for each employee in the amount of seventy
five thousand ($75,000) dollars. The Village retains the right to change insurance carriers or to
self -insure so long as the amount of coverage is maintained. Should the Village increase this
benefit amount to other employees, such benefit shall automatically apply to the employees
covered by this agreement.
SECTION 13.8: DENTAL INSURANCE
Employees covered by this Agreement shall be covered by the same dental insurance
plan which is made available to other eligible non -bargaining unit employees.
SECTION 13.9: RETIREE HEALTH SAVINGS PLAN
The Employer has established by Resolution R-00-06, amended by R-07-08, a Retiree
Health Care Plan under the basic format established by the ICMA Retirement Corporation. Under
this program, a retiring employee will use any accumulated unused vacation, holiday,
compensatory time and sick leave buy-out to pay for post -employment health care on a pre-tax
basis. The Employer will continue this program as long as it is offered by ICMA Retirement
Corporation.
SECTION 13.10: MEDICAL EXAMS
The Employer retains the right to require employees to submit to a medical examination
at the expense of the Employer when, in the opinion of the Public Works Director, it is essential
to the job performance.
SECTION 13.11: SPECIAL RETIREMENT INSURANCE INCENTIVE
Employees who are Tier I IMRF-retirement eligible who retire (i) during 2018 from
and after the effective date of this Agreement or (ii) at any time during 2019 are eligible for a
special post -employment health insurance incentive. For the first twenty-four (24) months
after retirement, the employee may elect to remain covered by the Village health insurance
with the following premium share:
Village 80% Employee 20%
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This incentive will end at the end of 2019. In order to be eligible for the incentive, the
employee must provide the Village with six (6) months' prior written notice of retirement.
ARTICLE XIV
EMPLOYEE TRAINING AND EDUCATION
SECTION 14.1: COMPENSATION
The Employer agrees to compensate all employees for all training, schools, and courses
which the Employer requires an employee to attend at the appropriate rate of pay, in accordance
with Section 5.3 and past practice. When an employee is required to use his/her own automobile,
mileage reimbursement for sites farther than ten (10) miles one way shall be paid at the rate set
by the Employer's Travel Policy. The employee may be compensated for other expenses related
to the offsite training, school, or course with prior approval by the Village Manager or Department
Head.
SECTION 14.2: EDUCATIONAL INCENTIVE
Employees enrolled in college or graduate level courses will receive tuition
reimbursement, subject to the following conditions:
A. Employees must complete one (1) year of service with the Employer prior to
being eligible for participation in this program.
B. The employee must complete the appropriate forms and obtain prior approval
from the Department Head or his/her designee and the Village Manager to take the course. The
Village Manager's decision will be final.
C. The course must be related to the employee's work specialty. No more than
three courses may be taken during any one semester.
D. Upon completion of the course, the employee must complete the appropriate
form and present satisfactory evidence that he/she has completed the course with a mark of
"B" or better, and a receipted bill from the college for the cost of the course.
E. Only actual tuition costs will be reimbursed. Books, supplies, travel expenses and
meals are not eligible for reimbursement, provided, however, that any fees that are regularly
charged as part of registering for a course or courses shall be included in the tuition costs to be
reimbursed.
F. Tuition will be reimbursed at a rate of $300 per credit hour for graduate level
courses. Undergraduate credit hours will be reimbursed at a rate of $150.
G. Employees must agree to continue to work for the Employer for at least one
additional year for each year of 30 college credit hours obtained under this program or refund to
the Employer a pro rata share of tuition payments.
ARTICLE XV
SAFETY
SECTION 15.1: UNSAFE CONDITIONS
Employees who reasonably and justifiably believe that their safety and health are in
danger due to an alleged unsafe working condition, equipment or vehicle, shall immediately inform
their supervisor who shall have the responsibility to determine what action, if any, should be taken,
including whether or not the job assignment should be discontinued.
ARTICLE XVI
LABOR-MANAGEMENT MEETINGS
SECTION 16.1: LABOR-MANAGEMENT CONFERENCES (LMC)
The Union and the Employer mutually agree that in the interest of efficient management
and harmonious employee relations, meetings shall be held between Union and Employer
representative when appropriate. Such meetings shall be scheduled within one week of either party
submitting an agenda to the other or at a time mutually agreed upon by both parties, and shall be
limited to:
A. Discussion of the implementation and general administration of this
Agreement;
B. A sharing of general information of interest to the parties;
C. The identification of possible health and safety concerns.
A Union representative, and/or Union Stewards may attend these meetings. The Employer may
assign appropriate management personnel to attend.
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SECTION 16.2: PURPOSE
It is expressly understood and agreed that such meetings shall be exclusive of the
grievance procedure. Such meeting shall be chaired by the Employer representative. There shall
be no loss of wages for attendance by Union Stewards and/or affected bargaining employees at
the LMC. Attendance at such conferences shall not interfere with required work time, and
attendance, if during regularly scheduled work time, is permitted only upon reasonable notice to
and prior approval of the Department Head, such approval not to be unreasonably withheld. The
Department Head may approve attendance subject to the manpower needs of the department.
Grievances or arbitrations shall not be discussed at these meetings.
ARTICLE XVII
UNIFORMS AND EQUIPMENT
SECTION 17.1: UNIFORMS/BOOTS
The Employer shall provide five hundred fifty ($550) dollars per year for work uniforms
for all new employees. All other employees shall receive five hundred ($500) dollars per year
for work uniforms. Such uniforms shall be limited to shirts, pants, outerwear, and approved
safety boots. As appropriate, such items shall be affixed with Employer identification at its
expense. Each employee will be able to carry over not more than two hundred ($200) dollars
from one year to the next if all funds are not used in a given year.
Employees shall be required to turn in items of clothing bearing the Village logo when
employment with the Village terminates.
In order to transition to the Village's January 1 fiscal year, for the period of time from
May 1, 2018 through December 31, 2018, employees shall receive three hundred thirty-three
($333) dollars for work uniforms. Thereafter, the employees will receive the full five hundred
($500) dollars effective on January I of each year.
SECTION 17.2: PROTECTIVE CLOTHING
The Employer shall provide safety gear as necessary as determined by management.
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ARTICLE XVIII
PERSONNEL RECORDS
SECTION 18.1: PERSONNEL RECORDS
Employee personnel files, disciplinary history, and investigative files relating to
any employee covered by this Agreement shall be open and available for inspection by the
affected employee during regular business hours, consistent with all other rights in accordance
with the Illinois Personnel Record Review Act, as amended, 820 ILCS 40/0.01 et. Seq. and
subsequent revisions.
SECTION 18.2: RIGHT OF INSPECTION AND COPIES
Unless otherwise set forth by the Illinois Personnel Record Review Act, an employee
will be granted the right to inspect his/her personnel and/or medical records during working
time no more than two times per year. An employee may obtain a copy of his/her record upon
request to the Department Head. Copies shall be provided, free of charge, within two (2)
business days.
ARTICLE XIX
NON-DISCRIMINATION
SECTION 19.1: PROHIBITION AGAINST DISCRIMINATION
Neither the Employer nor the Union shall discriminate in any way against any employee
on account of his/her Union activity or his/her refraining from such activity. Rights of
employees pursuant to this article are not exclusive and shall be inclusive of any and all other
remedies available to them by law.
ARTICLE XX
NO STRIKE / NO LOCKOUT
SECTION 20.1: NO STRIKE
Neither the Union, nor its agents or employees, nor any employees covered by this
Agreement, will call, initiate, authorize, participate in, sanction, encourage or ratify any strike,
sympathy strike, slowdown, work stoppage, picketing, or concerted interference with any
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matters involving the Village or its agents, regardless of the reason for so doing, where such
work interruption will result in deprivation of public services.
SECTION 20.2: CONSEQUENCES OF A STRIKE
A. Resumption of operations and Union liability:
In the event of action prohibited by Section 20.1 above, the Union and any stewards
appointed under this Agreement immediately shall disavow such action and request the
employees to return to work and shall use their best efforts to receive a prompt resumption of
normal operations. The Union, including its officials and agents, shall not be liable for any
damages, direct or indirect, upon complying with the requirements of this Section.
B. Discipline of strikers:
Any employee who violates the provisions of Section 20.1 above shall be subject to
discipline, including immediate discharge. The Employer retains all rights set forth in Section
17(b) of the Illinois Public Labor Relations Act.
C. Judicial restraint:
Nothing contained herein shall preclude the Employer or the Union from obtaining judicial
restraint and damages in the event the other party violates this Article. There shall be no
obligation to exhaust any other remedies before instituting court action seeking judicial
restraint and/or damages.
SECTION 20.3: NO LOCKOUT
During the term of this Agreement, the Employer shall not lockout any bargaining
unit employees.
33
ARTICLE XXI
WAGES
SECTION 21.1: WAGE RATES
Effective retroactive to January 1, 2018, employees shall be paid on the basis of the salary
schedule attached as Appendix A. Cost of living adjustments will be according to the schedule
attached to this Agreement.
January 1, 2018: 2.5%
January 1, 2019: 2.75%
January 1, 2020: 2.75%
January 1, 2021: 2.9%
SECTION 21.1.5 LONGEVITY PAY
Longevity pay shall be provided in a lump sum each year of employment with the
Village on the employee's anniversary date. Employees shall receive longevity pay as follows:
10 years of continuous service (paid beginning at the 121' month): $500.00
15 years of continuous service (paid beginning at the 1811t month): $750.00
20 years of continuous service (paid beginning at the 24131 month): $1,000.00
All retroactive pay will be made within 60 days of ratification.
SECTION 21.2: STEP INCREMENTS
Step movement will take place on individual Employees' anniversary dates. When an
employee is promoted, future step increases will take place on the anniversary date in the new
position. Advancement between steps shall automatically occur on the Employee's anniversary
date, provided the employee's performance has been satisfactory as reasonably determined by the
Employer. The Employer shall provide each employee one (1) month notice of any movement
through the step system, provided that it is expressly understood that the failure to comply with the
exact date does not result in automatic step movement.
Only those employees classified as Maintenance Operator I, have at least five (5) years
with the Village of Deerfield as a Maintenance Operator I and meet the requirements of the
objective criteria determined by the Employer may progress to Maintenance II or Operator II.
There is no limit imposed to the number of Maintenance Operator II positions in the organization.
There is to be one Maintenance Operator III for each of the following divisions of the
Public Works Department — Streets, Water, WRF, and Sewer. The Employer reserves the right
34
to transfer Maintenance Operator III's from one division into another division in order to create
balance across the department. The Employer will provide the opportunity for affected employees
to volunteer for such movement. The Employer has no obligation to fill vacant MO III positions.
Movement from MO I to MO II is dependent upon meeting criteria developed by the
Employer as set forth in the Employer's job criteria.
SECTION 21.3: COMPENSATION IN SPECIAL CIRCUMSTANCES
A. When an MO III is promoted to foreman, such employee will be placed
at the first step on the Foreman's scale with a higher wage than the employee was being
paid as MO III on the date of promotion.
B. When either an MO II or a person from outside the bargaining unit is
appointed to the position of foreman, that person will be placed at the lowest foreman's
pay rate on the wage scale.
C. When (i) a foreman is absent for more than 21 days, and (ii) if an MO II
is designated acting foreman due to the absence of an MO III in the division, the MO II
will be paid at the lowest foreman's pay rate on the wage scale during the remaining
time the MO II serves as acting foreman.
SECTION 21.4: PERFORMANCE REVIEW
A newly hired employee will be reviewed on job performance at or about seventy-five
(75) days, six (6) months, and twelve (12) months after hire. After this time, performance
reviews will be done on an annual basis to correspond with the employee's anniversary date,
unless the Employer has determined that one additional review is needed at the Employee's
eighteen (18) month anniversary date.
All reviews shall be in writing and will be reviewed in a conference with the employee by
his or her supervisor. All reviews shall be approved by the Village Manager. Supervisors will
discuss the review with the employee in order that the employee may be apprised of his/her
progress and/or deficiencies, if any. Only evaluation forms as provided by the Village Manager
shall be used.
35
SECTION 21.5: PAY PERIODS
A. Employees shall be paid bi-weekly on Friday.
B. When the Friday pay day is a bank holiday, pay shall be issued on the
preceding Thursday.
New employees shall immediately enroll in the direct deposit program for the balance of
their pay.
SECTION 21.6: ON-CALL ASSIGNMENTS
A. One (1) employee from the Streets Division, one (1) employee from a
combination of the Water and Sewer Divisions, and one (1) employee from the wastewater
reclamation facility (WRF) shall be assigned to on-call duty per week on a rotating basis within
that division throughout the year. The employee designated as on-call shall be the first responder
to any work performed outside the normal work day. Employer reserves the right to structure the
list of rotations. Employees have the option to switch on-call weeks or days (days as arranged
between the employees without affecting the weekly pager pay) with other eligible employees
within their division, subject to reasonable advance notice to the Employer. Each employee
designated as on call will be paid $125.00 per week per employee. Effective January 1, 2019,
the on call pay will increase to $150.00 per week. Effective January 1, 2021, the on call pay will
increase to $175.00 per week.
In order to be designated as on-call, employees must have three (3) years of experience in
their division, subject to waiver by the Employer. Employees designated as on-call duty are
required to carry cell phones provided by the Employer and report for duty at any time, upon a
directive to do so by the Employer. Employee is responsible for assembling crews with not more
than one (1) hour of response time, subject to the situation. If an employee designated as on-call
fails to be physically present at the Village within one (1) hour after the call -out, the employee may
be subject to discipline.
B. Employees who are able to respond to on-call assignments remotely with the use
of technology will receive a minimum of one-hour pay at the overtime rate. The prior approval of
the Department Head is required for a remote on-call assignment in excess of 2 hours.
36
SECTION 21.7: STIPEND FOR CERTAIN LICENSES
A. Current WRF employees who hold a Class 4 or above wastewater operator's
license will receive an annual stipend of $1,500.00, payable with the employee's first January
paycheck.
B. Current employees who hold a Class C or above water operator's license will receive
an annual stipend of $500.00, payable with the employee's first January paycheck.
C. Employees who obtain one of the two licenses described above will be eligible for the
stipend as of the January following the first full year the employee holds the license (For example, an
employee obtaining a license in October, 2015, will be eligible for the stipend in January, 2017).
D. An employee shall be eligible for only 1 annual stipend.
ARTICLE XXII
The Village retains the right to subcontract work as it reasonably deems necessary, so long
as such subcontract is not undertaken in an effort to retaliate against employee(s) for joining the
Union. Except where an emergency exists, if the Village plans to lay off bargaining unit employees
and to subcontract the work they perform, the Village shall notify the Union and offer the Union
an opportunity to negotiate the impact of the planned layoff and subcontracting, including
alternatives the Union may propose and the effect of the Village's decision on bargaining unit
employees.
ARTICLE XXIII
DRUG AND ALCOHOL POLICY
The Drug and Alcohol Policy, in effect for all bargaining unit employees required to have
a Commercial Driver's License, is set forth in Appendix B, attached hereto and made a part hereof.
Employees disciplined pursuant to the Policy may invoke the grievance procedure to challenge
such discipline.
37
ARTICLE XXIV
POSTING OF VACANCIES
SECTION 24.1: POSTING
Whenever the Employer determines there is a vacancy in an existing job classification or
that a new bargaining unit job has been created, a notice of such vacancy shall be posted on all
Union bulletin boards for ten (10) working days. During this period, employees who wish to
apply for such vacancy, including employees on layoff, may do so.
ARTICLE XXV
SAVINGS CLAUSE
If any provision of this agreement or the application of any such provision should be
rendered or declared invalid by any court action, or by any reason of any existing or subsequently
enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and
effect and the subject matter of such invalid provision shall be open to immediate re -negotiation.
ARTICLE XXVI
TERMINATION
This agreement shall be effective as of the date of Village Board approval, and shall
remain in full force and effect until December 31, 2021, whereupon, it shall be automatically
rendered null and void. This Agreement shall be automatically renewed from year to year
thereafter unless either party 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,
negotiation shall begin not later than sixty (60) days prior to the anniversary date. This Agreement
shall remain in full force and be effective during the period of negotiation and until notice of the
termination of this agreement is provided to the other party in the manner set forth 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 party not less than ten (10) days prior to
the desired termination date which shall not be before the anniversary date set forth in the
preceding paragraph.
38
IN WITNESS WHEREOF, the parties have executed this Agreement this L day of
vn 2018.
INTERNATIONAL UP
ENGINFAWS, LOCAL
By:
M.
OF OPERATING
39
VILLAGE OF DEERFIELD
LM
APPENDIX A
PW CONTRACT PAY SCHEDULES
Per prior MOU, the Lab Tech position needs to be incorporated into the pay
schedule with compensation equal to that of MO III.
2. The position of "Water Foreman" should be incorporated into the pay schedule
in the event the Village determines to move to a Foreman position upon the retirement of the
current Water Distribution Supervisor.
40
Appendix 2018 Increase 2.50%
PW Contract Pay Schedule
TitlelStep
Maintenance Operator Trainee
$60,500
$62,198
$53,896
$66,593
$67,291
$68,989
$60,687
$62,385
Maintenance Operator l
$59,296
$61,289
$63,282
$66,276
$67,268
$69,261
$71,254
$73,246
Maintenance Operator 11
Associate Mechanic
$63,311
$65,438
$67,566
$69,693
$71,820
$73,947
$76,074
$78,201
Maintenance Operator 111
Lab Technician
$68,424
$70,723
$73,022
$76,321
$77,620
$79,919
$82,218
$84,517
Mechanic
$73,086
$75,552
$78,019
$80,486
$82,952
$85,418
$87,885
$90,351
Street Foreman
Sewer Foreman
Garage Foreman
WRF Foreman
Water Foreman
$79,599
$81,740
$83,880
$86,021
$88,161
$90,302
$92,443
$94,583
Meter Reader
$69,992
$62,008
$64,149
$66,041
$68,067
$70,074
$72,090
$74,106
Custodian
$68,463
$60,428
$62,393
$64,358
$66,323
$68,289
$70,254
$72,219
Sherman $76,314
WWOP3
571,414
$73,814
$76,214
$78.614
$81,014
$83,414
$85,814
$88,214
Water Dist. Supervisor
584,379
$87,216
$90,062
$92,888
$96,724
$98,581
$101,397
$104,233
' Straight time hourly wage is calculated on a 2088 hour work year.
41
11112018
Appendix A 2019 Increase 2.75
PW Contract Pay Schedule
TitletSMo
Maintenance Operator Trainee
$61,888
$53,633
$55,378
$67,122
$68,867
$60,611
$62,166
$64,100
Maintenance Operator l
$60,927
$62,975
$66,022
$67,070
$69,118
$71,166
$73,213
$75,261
Maintenance Operator 11
Associate Mechanic
$65,062
$67,238
$69,424
$71,609
$73,796
$75,981
$78,166
$80,362
Maintenance Operator 111
Lab Technician
$70,306
$72,668
$76,030
$77,392
$79,754
$82,117
$80.479
$86,841
Mechanic
$76,096
$77,630
$80,164
$82,699
$86,233
$87,767
$90,301
$92,836
Street Foreman
Sewer Foreman
Garage Foreman
WRF Foreman
Water Foreman
$81,788
$83,987
$86,187
$88,386
$90,586
$92,785
$94,985
$97,194
Meter Reader
$61,641
$63,713
$65,913
$67,857
$69,929
$72,001
$74,072
$76,144
Custodian
$60,071
$62,090
$64,109
$66,128
$68,147
$70,166
$72,186
$74,205
Shermen $77,385
WWOP3
$73,378
$75,844
$78,310
$80,776
$83,242
$85,708
$88,174
190,640
Water Dist. Supervisor
$86,700
$89,614
$92,528
$96,443
$98,357
$101,271
$104,186
$107,100
Straight time hourly wage is calculated on a 2088 hour work year. 1/1/2019
42
Appendix A 2020 Increase 2.75
PW Contract Pay Schedule
Title/Step
Maintenance Operator Trainee
$53,316
$65,108
$66,900
$58,693
$60,486
$62,278
$64,071
$65,863
Maintenance Operator l
$62,603
$64,707
$66,811
$68,915
$71,018
$73,122
$76,226
$77,330
Maintenance Operator 11
Associate Mechanic
$66,841
$59,087
$71,333
$73,679
$75,824
$78,070
$80,316
$82,662
Maintenance Operator 111
Lab Technician
$72,239
$74,666
$77,093
$79,521
$81,948
$84,376
$86,802
$89,229
Mechanic
$77,161
$79,765
$82,369
$84,973
$87,577
$90,181
$92,785
$95,389
Street Foreman
Sewer Foreman
Garage Foreman
WRF Foreman
Water Foreman
$84,037
$86,297
$88,667
$90,817
$93,077
$95,337
$97,697
$99,867
Meter Reader
$63,337
$66,465
$67,725
$69,723
$71,852
$73,981
$76,109
$78,238
Custodian
$61,722
$63,797
$66,872
$67,947
$70,021
$72,096
$74,171
$76,246
Sherman $79,513
WWOP3
$76,396
$77,930
$80,464
$82,997
$85,531
$88,066
$90,599
$93,133
Water Dist. Supervisor
$69,084
$92,079
$96,073
$98,067
$101,062
$104,066
$107,050
$110,046
Straight time hourly wage is calculated on a 2088 hour work year.
43
11112020
Appendix 2021 Increase 2.90%
PW Contract Pay Schedule
Title/Sten
Maintenance Operator Trainee
$64,862
$66,706
$58,551
$60,395
$62,240
$64,084
$66,929
$67,773
Maintenance Operator/
$64,418
$66,583
$68,748
$70,913
$73,078
$76,203
$77,408
$79,573
Maintenance Operator 11
Assoc/ate Mechanic
$68,780
$71,091
$73,401
$76,712
$78,023
$80,334
582,646
$84,956
Maintenance Operator 111
Lab Technician
$74,334
$76,832
$79,329
$81,827
$84,324
$86,822
$89,319
$91,817
Mechanic
$79,398
$82,078
$84,757
$87,437
$90,116
$92,796
$96,475
$98,156
Street Foreman
Sewer Foreman
Garage Foreman
WRF Foreman
Water Foreman
$96,474
$88,800
$91,125
$93,451
$95,776
$98,102
$100,427
$102,753
Meter Reader
$66,173
$67,364
$69,690
$71,745
$73,936
$76,126
$78,317
$90,607
Custodian
$63,512
$66,647
$67,782
$69,917
$72,052
$74,187
$76,322
$78,467
Sherman $81,819
WWOP 3
$77,682
$80,190
$82,797
$85,404
$88,012
$90,619
59J,226
595,834
Water Dist. Supervisor
$91,668
$94,749
$97,830
$100,911
$103,992
$107,074
5110,165
3113,236
' Straight time hourly wage is calculated on a 2088 hour work year.
44
1/1/2021