ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City Council hereby approves an agreement between the City of Chicago and the Illinois Council of Police, substantially in the form attached hereto.
The Mayor is authorized to execute this agreement.
SECTION 2. This ordinance shall be in force and effect upon its passage and approval.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF CHICAGO
AND
THE ILLINOIS COUNCIL OF POLICE
July 1, 2016 to July 1, 2020 pift^- July 1, 2020 - June 30, 2022
AGREEMENT
This Agreement is entered into by and between the City of Chicago, an Illinois Municipal Corporation ("Employer") and the Illinois Council of Police ("the Union"), for the purpose of establishing, through the process of collective bargaining, certain provisions covering wages, and other terms and conditions of employment for the employees represented by the Union. It is the purpose and intent ofthe parties, through this Agreement, to establish and promote harmonious relations between the parties; provide efficient, uninterrupted and effective services to the public; provide an equitable and peaceful procedure for the resolution of differences under this Agreement; and establish and maintain wages, hours and terms and conditions of employment through collective bargaining. Where any express term of this Agreement conflicts with any existing ordinances, rules, regulations, personnel rules, interpretations, practices or policies to the contrary, the terms of this Agreement shall prevail.
ARTICLE 1 RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees in the Aviation Security Sergeant job classification. The Union is authorized to bargain collectively for such employees with respect to rates of pay, wages, hours and other terms and conditions of employment. The term "employee," as used herein, refers to City employees in the Aviation Security Sergeant job classification, unless otherwise specified herein.
ARTICLE 2 MANAGEMENT'S RIGHTS
It is agreed that the Union and the employees will cooperate with the Employer to liberally construe this Agreement to facilitate the efficient, flexible and uninterrupted operation of the Employer. The Union recognizes that certain rights, powers, and responsibilities belong solely to and are exclusively vested in the Employer, except only as they may be subject to a specific and express obligation of this Agreement. Among these rights, powers, and responsibilities, but not wholly inclusive, are all matters concerning or related to the management ofthe City and administration thereof, and the right:
a. to determine the organization and operation ofthe Employer and any department or agency thereof;
to determine and change the purpose, composition and function of each of its constituent departments and subdivisions;
to set reasonable standards for the services to be offered to the public;
to direct its employees, including the right to assign work and overtime;
to hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule its employees;
to increase, reduce, change, modify or alter the composition and size ofthe work force, including the right to relieve employees from duties because of the lack of work or funds or other proper reasons;
to contract out work;
to establish work schedules and to determine the starting and quitting time, and the number of hours worked;
i. to establish, modify, combine or abolish job positions and classifications;
j. to add, delete or alter methods of operation, equipment or facilities;
k. to determine the locations, methods, means and personnel by which
operations are to be conducted, including the right to determine whether
^ services are to be provided or purchased; ^i ; , ;r
1. to establish, implement and maintain an effective internal control program;
m. to suspend, demote discharge, or take other disciplinary action against employees for just cause; and
n. to add to; delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and rights, whether listed above or not, which the Employer has not expressly restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to review, provided that none of these rights is exercised contrary to or inconsistent with other terms of this Agreement or law.
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ARTICLE 3 NON-DISCRIMINATION
Section 3.1 Equal Employment Opportunities
The Union agrees to work cooperatively with the Employer to insure equal employment opportunities as required by law in all aspects ofthe Employer's personnel policies.
Section 3.2 No Discrimination
Neither the Employer nor the Union shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of race, color, religion, national origin, age, sex, marital status, mental and/or physical handicap or activity on behalf of the Union.
Section 3.3 Grievances by Employees
Grievances by employees alleging violations of this Article shall be resolved through Step II of the Grievance Procedure of this Agreement, but shall not be subject to arbitration unless mutually agreed by the parties.
Section 3.4' Reasonable Accommodation —
In the event the Employer shall be required to make a reasonable accommodation under the Americans With Disabilities Act ("ADA") to the disability of an applicant or incumbent employee that may be in conflict with the rights of an employee under this Agreement, the Employer shall bring this matter to the attention ofthe Union. The provisions of Article 12 (Grievance and Arbitration) of this Agreement shall be available, and the Arbitrator may balance the Employer's obligations under the ADA and this Agreement and the employee's rights under this Agreement, provided that no incumbent employee shall be displaced by such decision of the Arbitrator.
ARTICLE 4 WAGES
Section 4.1 Wages
(D-Eff
nd npprovftl-ojF-t^e^Agfeement, all s-tn-thc bargaining unit on said--datc will be patd-a-fampsum bonus puymcnt in the amount of $1t300.00, which will not be included in base pay or
(2)
work a 40 hour work week, including tin one half hour unpaid meal period. (3) (1) The following wage increases shall be applied:
Effective 7/1/2020 Effective 1/1/2021 Effective 1/1/2022
.50%
2.25%
2%
Agreement expires.6/30/2022
ARTICLE 5 HOURS OF WORK
This Article shall not be construed as a guarantee of work or hours for any day or week.
The Employer's work week shall begin at 12:00 A.M. Sunday (one minute after 11:59 P.M. Saturday) and shall end at 12:00 A.M. the following Sunday.
The normal work week for employees consists of up-te forty (40) hours (including one-half (1/2) hour per day allocated for meal periods which shall be unpaid time), with two (2) consecutive days off. Following ratification of this Agreement, the Employer may implement a schedule providing day-off groups balanced throughout the work week so as to permit the maximum sufficient staffing on all days throughout the work week. Prior to the implementation of such schedule, employees at each airport will be granted an opportunity to submit requests for their preferred shift and day-off group assignment. When submitting such requests, employees should list all requested assignments in order of preference, by shift and day off group. Such requests will be honored in seniority order, with the preferences of the most senior employees honored first, until all available requested assignments at each airport have been filled. Any schedule assignments that remain unfilled through this process will be made by the Employer at its discretion.
|1010|The Employer may make changes to an employee's normal work week or normal work day, provided that, except in the case of an emergency, the Employer will give the Union and the affected employee(s) at least ten (10) calendar days notice of any such change. If so requested by the Union, the Employer will meet with the Union to discuss such changes. Nothing in this Article shall be construed as precluding the Employer from temporarily changing an employee's work day or workweek schedule for any given work day or workweek based on operational needs, without advance notice to the Union.
All hours worked between 37 and 40 hours per week shall be compensated at straight time rates in the form of cash. All hours actually worked in excess of forty (40) hours per workweek shall be paid atone and one-half (1 Yz) times the employee's regular straight time hourly rate of pay and shall be compensated in the form of cash.
Use of compensatory time shall be subject to the operational and scheduling needs of the Department. Requests for use of compensatory time shall be made in accordance with the Department's Standard Operating Procedures.
All accumulated compensatory time, including compensatory time elected and earned under Section 6.2(a), which has not been used or scheduled and approved prior to October 16 in any calendar year will be paid to employees in the form of cash. Any compensatory time earned before October 16 which is scheduled and approved for use after October 16 must be scheduled and approved for use in the same calendar year before December 1. In any case, no employee shall be permitted to accumulate compensatory time in excess of eighty (80) hours.
Sick leave, vacation, compensatory time, union business leave and /or other paid time off shall not be included as hours worked for purposes of this section. Hours worked over forty (40) hours per workweek must be authorized by the Employer and shall be computed on the basis of completed fifteen (15) minute segments.
ARTICLE 6 HOLIDAYS
Section 6.1 Current Holidays
|1010|Full-time salaried employees shall receive the following holidays off without any change in their regular salary:
New Year's Day
Dr. Martin Luther King, Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday
Casimir Pulaski Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
To be eligible for any of said days off without any change in regular salary, the employee must be in pay status the full scheduled work day immediately preceding and the full scheduled work day immediately following the holiday, or absent from work on one or both of those days with the Employer's permission; such permission will not be unreasonably denied.
A suspension without pay shall not begin or end on a scheduled work day immediately preceding or following a holiday.
In addition to the foregoing twelve (12) paid holidays, employees shall receive one (1) personal day, which may be scheduled in accordance with the procedures for vacation selection set forth in Section 7.2 below, or by submission of a separate request by the employee to schedule the personal day. A personal day must be used in the calendar year in which it is granted, and may not be carried over from one year to the next.
Section 6.2 Holiday Observance
(a)Employees required to work a regular shift on an established holiday shall be paid at two and one-half (2 Vt) times their basic hourly rate for hours worked on such holiday, which shall include holiday pay. An employee who is required to work a regular shift on an established holiday may elect to be credited with eleven and one-fourth (11.25) hours of holiday pay credited as compensatory time and receive the remaining pay in cash. Notice of said election must be provided by the employee to the Employer's designated representative by no later than the first regular workday following the holiday on which it was earned. If an employee timely elects to have eleven and one-fourth (11.25) hours of holiday pay credited as compensatory time, the use of this
|1010|compensator}' time shall be subject to the operational and scheduling needs ofthe Department. Requests for use of this compensatory time shall be made in accordance with the Department's Standard Operating Procedures.
(b)For those employees whose regular day off coincides with an established holiday, the employee shall be credited with an alternative day. Use of alternative days shall be subject to the operational and scheduling needs ofthe Department, and requests for use shall be made in accordance with the Department's Standard Operating Procedures.
( c)Neither pay for time worked on a holiday nor an alternative day-off compensatory shall be credited to an employee if he or she is on medical leave, suspended, on an unexcused absence, or on a leave of absence.
(60) days from the-datc the-alter-nativc day off was canned. Use of alternative days-off shall be scheduled with the consent of the Department and subject to the Department's operational requirements.—If an alternative day-off is scheduled within the 60 day period but is cancelled by the Department and not rescheduled within the same 60 day period, then it may be rescheduled outside of the 60 day period. If such an alternative day off is not scheduled within this period, it shall be scheduled by the Department at its sole discretion^
ARTICLE 7 VACATIONS
Section 7.1
(a) Employees shall be eligible for paid vacations as of January 1 of each year following the year in which they were employed. An employee will earn the following
amounts of paid vacation, based on such employee's continuous service prior to July 1:
Continuous Service Prior to July 1 Vacation
Less than 6 years 13 days
6 or more, but less 18 days
than 14 years
14 or more years 23 days
After 24 years 24 days
After 25 years 25 days
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Pro Rata Vacations
An employee shall be eligible for pro rata vacation if:
The employee did not have 12 months of continuous service in the preceding calendar and is on the payroll as of January 1 ofthe current calendar year; or
The employee was separated from employment, other than for just cause, during a calendar year in which the employee did not have 12 months of continuous service.
The amount of pro rata vacation is determined by dividing the number of months of continuous service the full time employee worked in the previous/current calendar year, whichever is applicable, by twelve (12); the resulting figure is multiplied by the amount of paid vacation for which the employee is eligible. Any fraction is rounded off to the nearest whole number of days.
Retention of Eligibility
All earned vacation leave not taken in the vacation year it is due shall be forfeited unless the employee was denied vacation by the Employer, or the employee was unable to take vacation because the employee was on an approved leave of absence, including a Duty Disability leave of absence. Employees on Duty Disability shall retain any vacation leave earned prior to being placed on Duty Disability leave, (together with all vacation time earned during the period of Duty Disability for the twelve (12) months following the date on which the person became disabled, and shall be entitled to use such vacation time within twelve (12) months following their return to work.
Employees who are terminated for cause shall not be entitled to any vacation pay not taken. Employees shall not earn vacation credit for any period during which they are on layoff or leave of absence without pay in excess of thirty (30) days or engaged in conduct in violation of Article 13 of this Agreement. In the event ofthe death of an eligible employee, the surviving widow, widower or estate shall be entitled to any vacation pay to which the deceased employee was entitled.
Salaried employees shall receive their regular salary in effect at the time the scheduled vacation is taken.
Section 7.2 Vacation Selection
Vacation shall be selected by seniority and shift, provided that the Employer shall have the right to determine the number of employees who can be on vacation at any one time which will not hinder the operation ofthe Employer. Nothing in this section shall be construed as precluding employees from discussing their vacation scheduling requests with each other prior to submitting requests for approval, it
|10 10|being understood that the final determination of vacation schedules will be made by the Employer.
ARTICLE 8 CONTINUOUS SERVICE
Section 8.1 Continuous Service
Continuous service means continuous paid employment from the employee's last date of hire, without a break or interruption in such paid employment. In addition, an employee earns continuous service credit even though he or she is not paid for:
An approved, unpaid leave of absence of thirty [30) calendar days or less or layoff of forty (40) calendar days or less;
An absence where the employee is adjudged eligible for duty disability compensation;
An approved Family and Medical Leave of absence;
, (d) An approved medical leave of absence of one year or less; or
(e) An approved personal leave of absence of one year or less.
In the event two (2) or more employees have the same seniority date, a lottery shall be conducted to break seniority ties.
Section 8.2 Interruption in Service
Employees who work a minimum of eighty (80) hours per month shall be credited with continuous service for the time worked. Continuous service credit will not be earned for absences without leave, absences due to suspension, unpaid leaves of absence for more than thirty (30) calendar days, layoff for more than forty (40) calendar days, or for any other unpaid leave or other interruption in service not specifically referenced in Section 8.1 above.
Section 8.3 Break In Service
Notwithstanding the provisions of any ordinance or rule to the contrary, seniority or continuous service of an employee is broken, the employment relationship is terminated, and the employee shall have no right to be rehired, if the employee:
(a) quits or resigns;
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is discharged for cause;
retires;
is absent for five (5) consecutive work days without notifying the employee's authorized Employer representative, unless circumstances preclude the employee, or someone in the employee's behalf, from giving such notice;
does not actively work for the Employer for 12 months for any reason except military service, approved Union or medical leave of absence, or duty disability leave;
is on layoff for more than twelve (12) consecutive months where the employee has less than five (5) years of service at the time the layoff began;
is on layoff for more than two (2) years if the employee has five (5) years of service or more at the time the layoff began.
Section 8.4 Seniority
For all purposes under this Agreement, the word "seniority" shall mean the employee's continuous service in his or her current job classification ("time in title"), except only where specifically defined otherwise. In the event two (2) or more employees have the same seniority date, seniority shall be determined by continuous service with the City. In the event two (2) or more employees have the same time in title and continuous service with the City, a lottery shall be conducted to break seniority ties.
Section 8.5 Probationary Employment
All employees hired into the bargaining unit will be regarded as probationary employees for the first six (6) twelve (12) months of their employment and will receive no seniority or continuous service credit during such probationary period. The twelve (12) month probationary period begins after the employee has completed training and has been assigned to his or her scheduled watch.=Any period of absence from work in excess often (10) working days, or the first sixty (60) calendar days of any time spent in required training courses, shall extend the probationary period of time equal to the absence or the first sixty (60) calendar days ofthe training period. Probationary employees continuing in the service of the Employer after six (6) twelve (12) months shall be career service employees and shall have their seniority made retroactive to the date of their original hiring. Probationary employees may be disciplined or discharged as exclusively determined by the Employer and such Employer action shall not be subject to the grievance procedure or review by the Human Resources Board, provided that, (1) after the first six (6) months of the probationary period, if the Employer intends to impose a disciplinary suspension on the probationary employee where the suspension would result in a loss of pay, prior to imposing the suspension, except in an emergency or where the employee is
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unavailable, the Employer shall notify the employee and the Union and, upon request from the Union, will schedule a meeting with the Union and the employee to discuss and allow the employee to respond to the accusations and/or (2]if the Employer, within its discretion, rehires a former employee who did not complete his/her probationary period within one year from the employee's termination, and said former employee had served ninety (90) calendar days or more of his/her probationary period, all time previously served in the probationary period shall be counted for purposes of determining when the said employee completes his/her probationary period. A probationary employee who has served ninety (90) calendar days or more of his/her probationary period and who is laid off shall be given preference over other applicants for employment in the same job title in the department from which he/she was laid off, so long as he/she does not refuse an offer of employment, and does not suffer a break in service under Section 8.3 of this Agreement. !
Probationary employees shall not be eligible for dental or vision insurance but shall receive all other benefits under this Agreement; provided, however, that ¦ probationary employees who already receive dental and/or vision insurance from the Employer at the time they are hired into the bargaining unit will retain those benefits during the probationary period. Probationary employees shall be compensated at the same rate as Career Service employees.
Section 8.6 Filling of Permanent Vacancies
The Employer shall determine if there is a permanent vacancy to be filled
; and at any time before said vacancy is filled whether or not said vacancy shall be filled.
Employees within a department in the same job classification who desire a change in shift, day off schedule or work location (i.e., O'Hare Airport or Midway Airport) shall request such change in writing on the Employer's form at any time for the remainder ofthe calendar year. An employee may make no more than one request at a time. When an employee's request is granted, the employee may not submit another request for six (6) months from the date the transfer is affected. Following a request from the Union, the Employer shall provide to the Union copies of any transfer requests on file.
When filling any permanent vacancy in the bargaining unit, the Employershall select the most senior employee in the job classification in the department who has such a request on file, provided the employee has the present ability to perform the required work without further training after a reasonable amount of orientation. The Employer shall give the Union a list of newly transferred employees by department once a month.
Section 8.7 Temporary Transfers
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The Employer may temporarily transfer an employee to a work assignment, within his/her job classification on a different shift or day off schedule, or at a different work location (i.e., O'Hare Airport or Midway Airport). The Employer shall notify employees ofthe requirements for said temporary transfers.
Where any temporary transfer is expected to last more than fourteen (14) calendar days, the terms of this Section 8.7(b) shall apply. The Employer shall seek volunteers among the employees who have the then present ability to perform the work required without further training. If there are more volunteers than there are assignments, selections shall be made on the basis of seniority. If there are insufficient volunteers, the Employer shall make the assignment by reverse seniority, starting with the least senior first, and
¦ attempt to rotate such assignments within each calendar year. In all cases,
the employee selected must have the then present ability to perform the work required without further training after a reasonable amount of orientation. Thirty (30) calendar days' advance notice of temporary transfers shall be given to the employees if the need for the temporary transfer is then known; otherwise, notice will be given as soon as reasonably possible.
No temporary transfer shall last more than ninety (90) calendar days, absent the agreement of the Union.
Section 8.8 Balancing The Work Force
If the Employer intends to reduce the number of employees in a job classification at a work location (i.e., O'Hare Airport or Midway Airport), or on a shift or day off schedule, and reassign them to another work location, shift or day off schedule, the Employer shall seek volunteers among the affected employees in the job classification, provided that the volunteers have the then present ability to perform the work required without further training after a reasonable amount of orientation.
If there are more volunteers than there are assignments, such reassignments shall be made on the basis of seniority. If there are insufficient volunteers available, the Employer shall reassign employees using reverse seniority. In all cases, the employee selected must have the then present ability to perform the work required without further training after a reasonable amount of orientation.
ARTICLE 9 GROUP HEALTH AND CONTRIBUTIONS
Section 9.1 Group Health and Contributions
The Employer shall provide to employees and their eligible dependents Group Health, Vision Care, Dental, Life ($25,000) and Accident benefits as provided to a
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majority of other employees ofthe City under the same terms and conditions applicable to said other employees, and subject to Section 9.2 below.
Section 9.2 loint Labor Management Cooperation Committee on Health Care
The Employer and the Union (the "Parties") agree to be bound by determinations and recommendations ofthe Joint Labor Management Cooperation Committee ("LMCC") negotiated between the Employer and the Coalition of Unionized Public Employees ("COUPE") and created pursuant to applicable state and federal law. The purpose of the LMCC is to research and make recommendations and decisions within its authority related to the achievement of significant and measurable savings in the cost of employee health care during the term of this Agreement. The LMCC Agreement and Declaration of Trust ("Trust Agreement") is attached to this Agreement as Appendix A.
The Trust Agreement shall address, without limitation, the following:
Formation of a Committee to govern the LMCC consisting of up to thirty (30) Trustees, with half of the Trustees to be appointed by the Employer, and half to be appointed by unions who represent employees of the Employer, and who have also agreed to participate in the LMCC ("Participating Labor Unions").
Appointment by the City and Participating Labor Unions of a Co-Chair and Vice-Co Chair as designated in the Trust Agreement.
Authority ofthe LMCC to make recommendations and modifications in the health plan expected to result in savings and cost containment.
Establishment of a Trust Fund with contributions provided by the City of Chicago and third parties.
Section 9.3 Self Insurance Plans
The benefits provided for herein shall be provided through a self-insurance plan or under a group insurance policy selected by the Employer. All benefits are subject to standard provisions of insurance policies between Employers and insurance companies.
Section 9.4 Disputes
A dispute between an employee (or his/her covered dependent) and the processor of claims shall not be subject to the grievance procedure provided for in this Agreement.
Section 9.5 Dual Coverage
Where both husband and wife or other family members eligible under one (1) family coverage are employed by the Employer, the Employer shall pay for only one (1) family insurance or family health plan.
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Section 9.6 Health Insurance
The City and the Union agree to the following:
(A) Premium Increases - Singles, Couples, Family:
Effective 7/1/18 - .50% Effective 1/1/19 - .50% Effective 1/1/20 - .50% Total: 1.50% (excludes overtime)
(B) Premium Cap (not to include overtime)
1/1/19-Cap increases from 90,000.00 to 100,000.00 1/1/20-Cap increases to $115,000.00 1/1/21-Cap increases to $130,000.00
$35 $35 $75 $75
Prescription Deductible - Per Household (not cumulative):
-
-2022 -
. 2022 -
Plan Design
The parties commit to implementing Medical Plan Design changes that will result in estimated savings of at least $3 million (as calculated with respect to the Coalition Unions) by 2020. The parties will work through the LMCC to identify changes that will result in the required savings. If, prior to January 1, 2020, the parties have not reached agreement upon the proposed changes, each party (the City and the Coalition Unions) will submit its offer of proposed changes and the amount proposed to be reduced, including the methodology for estimating the value of the proposed changes, to a mutually agreed upon arbitrator, who will be limited to selecting either the City's or the Coalition Unions' offer. The offer selected by the arbitrator will be binding on the parties and on the LMCC.
Section 9.7 Deferred Compensation:
The Employer will make contributions, on a dollar-for-dollar basis, under a 401(a) Plan (or any similar successor agreed to by the parties) up to the maximum total amounts per year
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shown below, based on amounts deferred by each employee in those same years to that employee's 457 Plan, as follows:
January 1, 2021 - up to $250 per year
January 1, 2022 - up to $500 per year
ARTICLE 10 LEAVES OF ABSENCE
Section 10.1 - Bereavement Pay
In the event of a death in an employee's immediate family or domestic partner such employee shall be entitled to a leave of absence up to a maximum of three (3) consecutive calendar days including the day ofthe funeral. Where death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the employee shall be entitled to a maximum of five (5) consecutive calendar days. During such leave, an hourly employee shall receive his/her regular straight time pay for such time as he/she is required to be away from work during his/her regularly scheduled hours of work. Salaried employees shall receive the leave of absence without additional compensation.
The employee's immediate family shall be defined as: mother, father, husband, wife, brother or sister (including step or half), son or daughter (including step or adopted), father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Court-appointed legal guardian, and a person for whom the employee is a court-appointed legal guardian. The employer may, at its option, require the employee to submit satisfactory proof of death and/or proof of the relationship of the deceased to the employee. Domestic partners are defined as two persons regardless of their gender, who have a close personal relationship, sharing the same regular and permanent residence for at least six months; are each eighteen years of age or older; not married to anyone; not related by blood closer than would bar marriage in the State of Illinois; and are each other's sole domestic partner, responsible for each other's common welfare and jointly sharing their financial responsibilities. To qualify as a "domestic partner" under this section, the employee must register the domestic partner's name with the City of Chicago.
Section 10.2 Military Leave
Any employee who is a member of a reserve force ofthe United States or ofthe State of Illinois, other than the National Guard, and who is ordered by the appropriate authorities to attend a training program or perform other duties under the supervision ofthe United States or the State of Illinois, shall be granted a paid leave of absence during the period of such activity, but not to exceed fourteen (14)
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calendar days in any calendar year, provided that employees, as a condition precedent to payment, deposit her/her military pay for all days compensated by the Employer with the City Comptroller.
Any employee who is a member ofthe National Guard of the United States or ofthe State of Illinois and who is ordered by the appropriate authorities to attend a training program or perform other duties under the supervision ofthe United States or the State of Illinois, shall be granted a paid leave of absence during the period of such activity, but not to exceed fifteen (15) calendar days in any calendar year, provided that employees, as a condition precedent to payment, deposit his/her military pay for all days compensated by the Employer with the City Comptroller. Any reservist called for active duty on or after September 11, 2001, shall be entitled to full salary and medical benefits, provided that paid leave shall be conditioned upon payment of military pay to the Comptroller. The > right to this additional paid leave shall automatically terminate upon termination of active duty.
Section 10.3 Jury Duty Leave/Subpoena
An employee who serves on a jury or is subject to a proper subpoena (except if the employee is a party to the litigation) shall be granted a leave of absence with pay during the term of such absence, provided that the employee deposits his jury duty pay with the City Comptroller.
Section 10.4 Sick Leave
Each salaried paid employee shall receive sick leave with pay for periods not exceeding twelve (12) working days in the aggregate during each calendar year. Eacfesuch employee appointed after January 1 ofthe calendar year shall be allowed sick leave at the rate of one day for each month of employment through December 31 of that year.
Sick leave credit shall accrue to a maximum of 200 work days at the rate of twelve (12) days per year less days of sick leave used. Sick leave not taken at the time of termination shall cease and end all rights for compensation. Sick leave accrued while working for another public agency shall not be transferable.
Employees shall be credited with one (1) day of paid sick leave on the first day of each month. In the event an employee, or a member of employee's immediate family, experiences a serious health condition within the meaning ofthe Family and Medical Leave Act, upon request of the employee, the Employer will advance to said employee up to the full amount of sick time the employee would normally be credited with for the remainder of that calendar year. Should the employee's, or his/her immediate family member's serious health condition require the employee to be absent into the next calendar year, upon request of the employee, the Employer will advance to said employee up to the full amount of sick time the employee would normally be credited with for the remainder of that calendar year, subject to reimbursement. The Employer reserves the right to require an employee
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to provide documentation that a serious illness which would qualify for family and medical leave under the FMLA exists.
Sick leave may be used by employees in accordance with the provisions and requirements set forth in the City of Chicago Personnel Rules, Rule XXVIII, entitled "Sick Leave". The parties expressly agree that the provisions of this Section shall apply to the accrual and use of sick leave time by employees and that the provisions of any contrary or conflicting ordinance or statute regarding sick leave are explicitly waived.
Use of sick leave as provided for in this Section shall not be detrimental to the evaluation of an employee's job performance. Employees who use sick leave as provided herein shall have their job performance evaluated on the same basis and under the same criteria as employees who have not used sick leave. Nothing herein shall preclude the Employer from delaying an employee's evaluation in the event that the time worked by the employee during the evaluation period does not provide an adequate basis for evaluation.
Nothing herein shall be construed as requiring any employee to forfeit any sick leave credit accumulated by virtue of employment with the Employer prior to the effective date of this Agreement, up to the maximum of 200 work days. n
Section 10.5 Family and Medical Leave
Bargaining unit employees who have been employed a minimum of twelve (12) months, and who have worked 1,250 hours in the preceding twelve (12) months, shall be entitled to up to twelve (12) weeks1 unpaid leave within a twelve (12) month period for any of the following reasons:
for the birth of an employee's child and to care for such child;
for the placement of a child with the employee for adoption or foster care;
to care for the employee's spouse, child or parent with a serious health condition; and
due to a serious health condition affecting the employee.
All such leaves are subject to the provisions of the Family and Medical Leave Act and the regulations thereunder, as well as the policies ofthe Employer in effect as of the date of this Agreement.
During any leave taken pursuant to this provision, the employee's health care coverage shall be maintained as if the employee were working, and seniority shall accrue.
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Section 10.6 Duty Disability Leave
Any employee who is absent from work due to an injury on duty shall be granted a leave of absence. The Employer will mail the initial Duty Disability payment within fourteen (14) calendar days upon receipt of verified authorization from the approving authority. Subsequent payment for eligible employees will be made twice a month. If duty disability is denied, and such denial is later reversed, the employee shall be paid up to date the amount the employee was eligible to receive. Employees who return from said leaves shall be reinstated to their former job classification, if it is vacant or if it is then occupied by an employee with lower seniority. If the employee's former job classification is not available because the employee would have been laid off if the employee had not been on a leave of absence, the employee may exercise seniority rights in accordance with and subject to the layoff, recall and break-in-service provisions of this Agreement.
Section 10.7 Personal Leave
Non-probationary employees may apply for leaves of absence without pay for personal reasons. The grant and duration of such leaves shall be within the discretion ofthe Employer. Seniority shall accumulate for employees on said leaves. Employees who return from said leaves shall be reinstated to their former job subject to the layoff, recall and break-in-service provisions of this Agreement.
Employee's shall be granted leaves of absence without pay for a period of up to one (1) year for the purpose of providing necessary care, full-time supervision, custody or nonprofessional treatment for a member of the employee's immediate family or household under circumstances temporarily inconsistent with the employee's ~ uninterrupted performance of his/her normal job duties, if satisfactory proof of the need for the duration of such leave is provided to the Employer. Such leaves shall be granted under the same terms and conditions as set forth above.
Section 10.8 Medical Leave
Non-probationary employees shall be granted medical leaves of absence without pay upon request. Said medical leaves of absence shall be granted for up to three (3) months, provided said leaves shall be renewable for like three-month periods, for a total medical leave of absence up to one (1) year. The Employer may request satisfactory proof of medical leaves of absence. Employees on medical leaves of absence shall return to work promptly after their doctor releases them to return to work. An employee on a medical leave of absence shall be returned to work upon the expiration of his/her leave, provided the employee has complied with the Employer's procedures which shall be provided the employee prior to the start of said leave. If an employee is granted an extension of his/her leave, he/she shall be returned to work upon the expiration of the leave's extension, provided the employee has complied with the Employer's procedures.
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Seniority shall accumulate for employees on medical leaves of absence for only up to one (1) year. After one (1) year, an employee on a medical leave of absence shall retain, but not accumulate seniority.
Employees who return from medical leave of absence within one (1) year shall be reinstated to their former job, subject to layoff and recall provisions of this . Agreement. If the employee returns to work after more than one (1) year on a medical leave of absence, the employee shall be returned to his/her former job it if is open. If not, the employee will be placed on a list for reinstatement.
Section 10.9 - Present Ability
All employees who return from leaves of absence shall, as a condition of their return, have the present ability to perform the required work without further training after a reasonable amount of orientation; provided that no employee will be denied reinstatement under this section solely because, due to the leave of absence, the employee was unable to participate in any training required by the Employer.
ARTICLE 11 DISCIPLINE
Section 11.1 - Discipline Procedures
Non-probationary, Career Service employees shall be discharged or otherwise disciplined only for just cause.
Discharges shall be governed exclusively by the Employer's Personnel Rules and Human Resources Board Rules, and shall not be subject to the grievance and arbitration provisions of Article 12 of this Agreement. A Career Service employee may be discharged for just cause before the Human Resources Board hearing, provided that said employee shall be guaranteed, upon request, a full hearing before said Board in accordance with said Board's rules and procedures, including applicable time frames. In the event that a discharged employee appeals an adverse decision of the Human Resources Board to the Circuit Court of Cook County, or thereafter to the Appellate Court of Illinois, and the decision of the Human Resources Board is reversed or remanded, resulting in restoration of the job, the Employer will pay the employee's reasonable attorney's fees which he or she has incurred in connection with the court proceeding, excluding fees incurred before the Human Resources Board. The employee shall submit a post-appeal fee petition to the Employer, which shall be supported by full documentation of the work performed, the hours expended, and the rates paid by the employee. Should the parties be unable to agree on the proper amount of the fees to be paid to the employee, either party may refer the dispute to arbitration under Article 12 of this Agreement.
Written reprimands and suspensions shall be governed exclusively by the grievance and arbitration provisions of Article 12 of this Agreement, and
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such disciplinary actions shall not be subject to review before the Human Resources Board.
An employee who may be subject to disciplinary action for any impropriety has the right to ask for a Union representative to be present at any interrogation or hearings.
The Employer within its discretion may determine whether disciplinary action should be an oral warning, written reprimand, suspension or discharge, depending upon various factors, such as, but not limited to, the severity ofthe offense or the employee's prior record. Such discipline shall be administered as soon as practical after the Employer has had a reasonable opportunity to fully investigate the matter.
(fj In cases of oral warnings, the supervisor or his/her designee shall inform the employee that he/she is receiving an oral warning and the reasons therefor. For discipline other than oral warnings, the employee's immediate supervisor or his/her designee shall meet with the employee and notify him/her ofthe accusations against the employee and give the employee an opportunity to answer said accusations. Specifically, the supervisor or his/her designee shall tell the employee the names of witnesses, if any, and make available copies of pertinent documents the employee or Union is legally entitled to receive, to the extent then known and available. If the employee requests the presence of a Union representative at a meeting, one will be provided, if available, who shall be given the opportunity, if the employee requests/to rebut the discipline and request further pertinent information.
Section 11.2 - Conduct of Disciplinary Investigations by the Inspector General
Supplementing all rights and processes due employees covered by this Agreement who may be the subject of a disciplinary investigation by the Inspector General, the interview by the Inspector General will be conducted in the following manner:
The interview of the employee shall be scheduled at a reasonable time, preferably while the employee is on duty, or if feasible, during day shift hours.
The interview, depending upon the allegation, will take place at the employee's location of assignment, normal department location or other appropriate location.
Prior to an interview, the employee under investigation shall be informed of the person in charge of the investigation, the identity of the interviewer and all persons present during the interview. When a formal statement is being taken, all questions directed to the employee shall be asked by and through one interviewer at a time.
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The length ofthe interview sessions will be reasonable, with reasonable interruptions permitted for personal necessities.
At the beginning of the interview, the employee shall be informed of the nature of the matters to be discussed.
An employee under investigation shall not be threatened with transfer, dismissal or disciplinary action, or promised a reward, as an inducement to provide information relating to the matter under investigation, or for exercising any rights contained in this Agreement, provided, however, that this Section shall not prohibit or prevent an accurate reading of the employee's administrative rights, or the imposition of discipline in accordance therewith.
An employee under investigation will be provided without unreasonable delay with a copy of any written statement the employee has made.
(1) If the allegation under investigation indicates a recommendation for discipline is probable against the employee, said employee will be given the statutory administrative proceedings rights prior to the commencement of the interview. (2) If the allegation indicates that criminal prosecution may be probable against said employee, the provisions of this Section shall be inapplicable and said employee will be afforded his constitutional rights concerning self-incrimination prior to the commencement ofthe interview. An employee will hot be read his/her administrative and Miranda rights during the same interview.
I. At the request of the employee under investigation, an employee who may be
subject to discipline shall have the right to be represented in the interview by a
representative of the Union. The employee shall be told that he/she has the right to
Union representation before commencement of the interview. The interrogation
shall be suspended until representation can be obtained, provided the suspension is
not for an unreasonable time and the Employer does not have the interview unduly
delayed.
J. The Employer shall not compel an employee under investigation to speak or testify before, or to be questioned by, any non-governmental agency relating to any matter or issue under investigation.
K. The results of a polygraph examination shall not be used against an employee in any forum adverse to the employee's interests. The Employer will not require a polygraph examination if it is illegal to do so. If an employee is asked to take a polygraph examination, he/she will be advised in writing 24 hours prior to the administration ofthe examination. The results of any polygraph examination shall be known to the employee within one week.
L. This Section shall not apply to employee witnesses.
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M. The identity of an employee under investigation shall not be made available to the media during the course of an investigation until charges are filed by the Employer and the employee has the opportunity to respond thereto. If an employee is exonerated after the City initially informed the media of the charges against the employee, the City will make that fact available to the media where the employee requests it.
N. In the event that disciplinary action is taken against an employee, any allegations of violations of this Section shall be heard in connection with, and in the same forum as, grievances which protest said disciplinary action, except as provided in paragraph 0(2) below. If no disciplinary action is brought against the employee following the conclusion ofthe Inspector General's investigation, no grievance concerning the conduct ofthe investigation shall exist.
0. (1) Any evidence or information, including employee statements, that is obtained in violation of the rights enumerated in this Section, shall be suppressed and shall not be used by the Employer for any disciplinary action against the employee, or in the case of promotions or transfers.
(2) (a) Notwithstanding the provisions of paragraph N above, at the option of the Union, a claim that the Inspector General has violated the provisions of this Section may be raised in a suppression hearing before a member ofthe permanent hearing panel listed herein, rather than in the disciplinary hearing as required in paragraph N above.
(b)(l)The Union may exercise this option by notifying the employee's Department Head and the Employer's Law Department in writing not later than ten (10) calendar days before an arbitration or Human Resources Board hearing, in accordance with the foregoing provisions of this Agreement. The appeal shall specify the particular contract provisions allegedly violated, together with a factual summary of the conduct alleged to have violated the Agreement. It is understood that by exercising this option, any and all time limits set forth in Chapter 2-74-060 ofthe Municipal Code ofthe City of Chicago regarding the Human Resources Board hearing shall be tolled until the arbitrator renders a decision as provided below.
(2) Upon receipt of said notice, the parties will select in order of rotation one ofthe three permanent hearing panel members who are chosen as follows. To be eligible for service on this panel, members must be willing to convene a suppression hearing within thirty (30) calendar days of receiving notice of his or her selection. To select the initial panel, or should any member of the panel resign or be removed upon mutual agreement ofthe parties during the life of this Agreement, the parties will meet to each agreement on new panel member who must be an arbitrator listed with the Federal Mediation and Conciliation Service. If no agreement can be reached, the Employer will
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request a panel of seven (7) arbitrators from FMCS, all of whom must be members ofthe National Academy of Arbitrators. Thereafter, the parties.will meet to strike names from the list, with the Employer striking first, until one name remains, which person shall be named to the panel.
(c] The suppression hearing shall be convened within thirty (30) calendar
days ofthe selection of the panel member, or at such other time as the parties
may mutually agree. The arbitrator's jurisdiction shall be limited to
determining if the Inspector General obtained evidence or statements in
violation of paragraph 0(1) above, and if such evidence should be
suppressed. The arbitrator shall have no authority to rule on the merits of
any underlying discipline or take any other action beyond that specifically set
forth in this subparagraph.
(d) The panel member shall render an expedited decision which shall be final
and binding upon the parties. It shall not be subject to collateral attack in any
further disciplinary proceeding involving the employee in question.
P. Notwithstanding any other provision in this Section to the contrary, no interview by the Inspector General will be conducted at a police station or other correctional facility unless the employee works at the police station or correctional facility, or if the employee has been incarcerated for more than 72 hours.
Section 11.3 File Inspection
The Employer's personnel files and disciplinary history files relating to any employee, upon due notice, shall be open and available for inspection by the affected employee during regular business hours, except for information which the Employer deems confidential. Said files shall be made available for inspection by the affected employee by no later than fourteen (14) calendar days after the Employer's receipt of notice from the employee. Nothing in this Section shall be construed as in any way limiting employees' rights to access personnel files as provided under State law.
Section 11.4 Limitation on Use of File Material
It is agreed that any material and/or matter not available for inspection, as provided for in Section 11.3 above, shall not be used in any manner or any forum adverse to the employee's interests.
ARTICLE 12 GRIEVANCE AND ARBITRATION
Section 12.1
(a) Matters which are management rights, except as expressly abridged by a specific provision of this Agreement, any discipline of probationary and other non-Career Service employees, and all discharges shall be excluded from grievance and arbitration.
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Except as provided in Section 12.1(a) above, a difference, complaint or dispute (hereinafter called a grievance) between the Employer and the Union or any of the employees of the Employer it represents, arising out of the circumstances or conditions of employment, shall be exclusively settled in accordance with the terms and procedures provided in this Article.
There shall be no interruption ofthe operations ofthe Employer.
It is agreed that the time limitations set forth herein are ofthe essence, and that no action or matter not in compliance therewith shall be considered the subject of a grievance unless said time limitations are extended by written agreement of both parties to this Agreement. Failure ofthe Employer to answer a grievance within the time limits herein shall permit the Union to advance the case to the next step. The Union will be informed of and allowed to be in attendance at all grievance or disciplinary hearings. The Union shall send written notice to the Department Head notifying him/her of advancement to the next Step.
Section 12.2
Before a formal grievance is initiated, the employee may discuss the matter with his/her immediate supervisor. If the problem is not resolved in this discussion, the following procedure shall be used to adjust the grievance:
Step I - Immediate Supervisor
The Union shall put the grievance in writing on the form to be supplied by the Employer upon request, but in the absence of such a form, the Union may submit the grievance in letter form, within fifteen (15) calendar days ofthe earlier of either the affected employee or the Union having knowledge of the event which gives rise to the grievance. The Union will indicate what Section and part of the Agreement the Employer is alleged to have violated, a brief description ofthe facts underlying the grievance, and the requested remedy, and submit the grievance to the employee's immediate supervisor.
Within seven (7) calendar days ofthe written grievance, the immediate supervisor will notify the Union in writing ofthe decision.
Step II
A. If the grievance is not settled at Step 1, the Union shall have the right to make an appeal in writing to the Department Head or the Department Head's designee within ten (10) calendar days after the date of receipt ofthe decision by the immediate supervisor, or the date it was due under Step I. The name ofthe Department Head designee shall be provided to the Union.
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The Department Head or the Department Head's designee shall meet with the Union's representative at least once each month to discuss all pending grievances that have been advanced to Step II. The purpose ofthe Step II meeting will be for the Department and the Union to share relevant information and discuss their respective positions with respect to each grievance pending at Step II, and attempt to amicably resolve as many grievances as possible. The Department Head or the Department Head's designee shall have the requisite authority to resolve grievances during the Step II meeting. No grievances will be discussed at more than one Step II meeting, unless the City and the Union mutually agree that further meeting and discussion would be beneficial. Nothing in this paragraph shall be construed to relieve the City and the Union from their obligations to otherwise process and respond to grievances in accordance with this Article.
The Department Head or the Department Head's designee will notify the Union in writing with a copy to the Union of his/her decision within ten (10) calendar days of the completion ofthe Step II meeting. The response to the grievance shall state the Department's position with respect to the grievance together with a brief statement ofthe facts and reason(s)supporting that position.
(d) Step III - Arbitration
If the matter is not settled in Step II the Union or the Employer, but not an individual employee or employees, may submit the dispute to arbitration by serving a written request to arbitrate to the designated representative from the Employer's operating department, with copies of the request to the designated Law Department representative, setting forth the facts and specific relief requested, within fifteen (15) calendar days after the answer is given or due at Step II hereof.
Either party may submit the grievance to arbitration by serving a written request to arbitrate to the Federal Mediation and Conciliation Service under the rules of that tribunal with a copy to the other party. The foregoing shall not prevent the Employer and Union from mutually agreeing to the selection of an arbitrator.
Arbitrators will advise the parties of their fees and expenses prior to selection and such fees and expenses shall be borne equally between the Union and the Employer. The arbitrator shall have the right to subpoena witnesses and require the production of pertinent documents at the request of either party. Each party shall be responsible for compensating its own representative and witnesses. The cost of a transcript shall be borne by the party requesting the reporter unless the parties agree to share such costs.
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D. An arbitrable matter must involve the meaning and application or interpretation of a specific provision of this Agreement or a document incorporated by reference thereto. The provisions of this Agreement and any other document incorporated by reference in this Agreement shall be the sole source of any rights which either party may assert in arbitration. Questions of arbitrability, including timeliness, shall be decided by the arbitrator. The arbitrator shall have no power to amend, add to, subtract from, or change the terms of this Agreement, and shall be authorized only to interpret the existing provisions of this Agreement and apply them to the specific facts of the grievance or dispute. The decision of the arbitrator shall be based wholly on the evidence and arguments presented to him by the parties in the presence of each other. No arbitration hearing shall be held unless both parties are present. The decision ofthe arbitrator shall be final and binding on all parties to the dispute, including the employee or employees involved.
Section 12.3
Any settlement at Step I or II shall be binding upon the Employer, Union and the aggrieved employee or employees. Grievances may be withdrawn without prejudice at any step ofthe grievance procedure if mutually agreed.
If the grievance or arbitration affects more than one employee, it may be presented in the name of a single selected employee representative ofthe group or class. A class action shall be identified to the Employer at Step I or as soon as practicable. The resolution of a grievance filed on behalf of a group of employees shall be made applicable to all of the affected employees within that group who have been properly identified in accordance with this subsection.
Even though a grievance has been filed, employees are obligated to follow instructions or orders of supervisors or the Employer, except where the instruction or order is so inherently dangerous to the employee that it could cause death or serious physical harm. The Employer agrees that by following instructions or orders the employee does not waive his/her right to process the grievance. Refusal to follow instructions or orders shall be cause for discipline.
Certain issues which by nature are not capable of being settled at a preliminary step of the grievance procedure, or which would become moot due to the length of time necessary to exhaust the grievance steps, or which the Union believes would be resolved more expeditiously, may be filed at the option ofthe Union at Step II.
The Union may request the production of specific documentation, books, papers or witnesses reasonably available from the Employer and substantially pertinent to the grievance under consideration. Such requests
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shall not be unreasonably denied, and if gr; applicable laws and rules issued pursuant i dissemination of such materials.
ARTICLE 13 NO STRIKE OR LOCKOUT
Section 13.1 No Strike
During the term of this Agreement neither the Union, its Sergeants nor members shall instigate, call, encourage, sanction, recognize, condone, or participate in any strike, sympathy strike, concerted slowdown, stoppage of work, boycott, picketing, or interference with rendering of services by the Employer.
Section 13.2 Union's Responsibility
The Union agrees that it will use its best efforts to prevent any acts forbidden in this Article and that in the event any such acts take place or are engaged in by any bargaining unit employee, the Union further agrees it will use its best efforts to cause an immediate cessation thereof. If the Union immediately takes all reasonable steps in good faith to end such action, the Employer agrees that the Union shall not be responsible for, and that it will not bring action against the Union to establish responsibility for such wildcat or unauthorized conduct.
Section 13.3 Discipline For Breach
The Employer in its sole discretion may terminate the employment or otherwise discipline any employee who engages in any act forbidden in this Article, subject to the grievance procedure.
Section 13.4 No Lockout
The Employer agrees not to lock out the employees during the term of this Agreement.
ARTICLE 14 DUES DEDUCTION AND FAIR SHARE
Section 14.1
(a) T-he-Employer, upon receipt of a validly executed-wr-itten
payroll-checks of all employees so-authera4ng the deduction in-an
amount certified by the-Union, and shall remit such deductions on a
monthly basis to the Union. Authorization for such deduction-shall be
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ir-rev^eable-unless-revok-ed by written-notice-to the-4^ployei-and-tIie4Jfflon
dtrring-the-fifteen (15j-calendar day period prior to-the expiration-ef-this
Agr e omen tvT^he-Union-slraH-indemnify, defend-attd-hol-d-t-he--— Employer
harmless-against any and all claims, demands, suits or other forms of
liability, in eluding-damages, attorneys fees and cour-t-and-other costs,
that-shall arise out of, or by roason-of action-tak^ri-or-not taken by-the
Employer for the par-pose of complying with all-seetions-and subsec-tioris-of
furnished under any of such provisions or in reliance upon employee
EmployerrThe Employer shall deduct Union dues and initiation fees from the payroll checks of all employees certified by the Union and shall remit such deductions on a monthly basis to the Union. The Union shall indemnify, defend and hold the Employer harmless against any and all claims, demands, suits or other forms of liability, including damages, attorney fees and court and other costs, that shall arise out of, or by reason of action taken or not taken by the Employer for the purpose of complying with all sections and subsections of this Article, or in reliance on any list, notice, certification, verification or assignment furnished by the Union.
(b) The Employer shall provide to the Union each month the name, address,
classification, rate of salary and starting date ofthe employees in the
bargaining unit. ¦ - -
(c) It is further agreed that, effective thirty (30) calendar days after the
effective —date of final ratification of this Agreement, or after the
employee's date of hire of— entry into the bargaining unit, whichever
date is later, the Employer shall deduct— from the earnings of employees
who are not members of the Union, a monthly amount as certified by the
Union-and shall remit such deductions to the Union at the same time that
the dues check-off is remitted under the terms and procedures—to be agreed to between the Employer and the Union. It is understood that the amount of deduction from said nonmember bargaining unit employees will not
exceed the regular monthly union dues and represents the employee's
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lali Olllll t> vl/klv VI Lll^ VUllLtllrC UU1 CUTTtlllE LM Utt jJ; tl/IIII Ul*L UUlit 1 lllOLl ULIvTlt
and pursuing matters affecting wages, hours and other eonditions of
employment
{d) Nothing in this Agreement shall be inconsistent with Section 6(g) of
the Illinois Public Labor Relations Act in pretesting the right of non-
teachings of a Church-or—other religious body-of which such empl
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Section 14.2 Notification of Dues Change
Any change in the amount of dues or fair share-fees-to be deducted shall be communicated to the Employer by the Union at least fourteen (14) calendar days prior to the effective date of said change.
ARTICLE 15 MISCELLANEOUS
Section 15.1 lob Titles
The Employer will notify the Union of any change in job title. If the Employer makes any substantial change in job duties it will discuss such changes with the Union prior thereto. If the Employer changes a job title without substantially changing the duties of the job, the Union will retain its existing jurisdiction over the new job title. The Employer will not permanently assign bargaining unit work to the jurisdiction of another bargaining unit without the mutual agreement ofthe unions involved.
Section 15.2 New or Merged lob Classifications
The Employer shall promptly notify the Union Within forty-five (45) calendar days of its desire to establish a new job classification or a successor title to any present bargaining unit job classification. No title which is already in use in another bargaining unit in the City shall be used as a successor title. Where the new job classification or successor title is used only to clarify employee duties, or where there are no changes in duties, or where the new job classification or successor title involves "de minimis" changes in or additions to present duties, such new job classification or successor title shall automatically become part of this bargaining unit and shall be covered under this Agreement. Where employees are placed by the Employer in a new job classification covered by this Agreement under any ofthe circumstances described in the first paragraph of this
Section 15.2, their seniority shall consist of all time in the new job classification ;or successor title, plus all time in the predecessor job classification or title.
Upon request of the Union, the Employer shall meet and discuss the pay grade/rate and placement within the Employer's promotional lines, as established by the Employer, for the new job classification or successor title.
Section 15.3 Rules and Regulations
The Employer shall have the right to make, and from time to time change, reasonable rules and regulations, after prior notice to and discussion with the Union, and to require employees' compliance therewith after such notice to and discussion with the Union, and after notification to employees, provided that no such rule or regulation or change therein shall be contrary to or inconsistent with this Agreement or law. i
Section 15.4 - Performance Evaluations
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As part of the evaluation process, an employee's supervisor shall discuss the evaluation with the employee and give him/her the reasons for such evaluation and an opportunity to clarify or rebut his/her evaluation. An employee's signature will indicate only that he/she has seen the evaluation. The evaluation form shall state that it is the employee's right to place a rebuttal in his/her file if the employee so chooses.
Section 15.5 - Tuition Reimbursement
The Employer's current Tuition Reimbursement policy shall continue in effect. If the Employer proposes to initiate any changes to said policy, the Employer shall first provide the Union with written notification of such proposed changes, and, following a request from the Union, will meet and discuss the proposed changes with the Union.
Section 15.6 Safety
The Employer shall continue its efforts to provide for a safe working environment for its employees, as required by federal and state laws. Grievances by employees alleging violations of this Article shall be resolved through Step II ofthe Grievance Procedure of this Agreement, but shall not be subject to arbitration unless mutually agreed by the parties.
Section 15.7 Residency
All employees covered by this Agreement shall be actual residents ofthe Gity of Chicago.
Section 15.8 - Contracting Out
The Employer reserves the right to contract out for reasons of efficiency or economy. In the event the Employer issues a public notice seeking proposals for the performance of Aviation Security Sergeant duties, the Employer will provide a copy of such public notice to the Union. Before making any final decision to contract out Aviation Security Sergeant duties, and at least sixty (60) days prior to signing any agreement for the performance of such work, the Employer will provide the Union with written notice ofthe contemplated contracting out. Such notice shall contain the name and address of the contractor that will be performing said work, a description of the work to be performed, and any contemplated impact on bargaining unit employees. The notice shall also include a copy ofthe contract or proposal under consideration. Within ten (10) calendar days of receipt of such notice, the Union may submit a written request to the Employer to meet and discuss the contemplated contracting out. The Employer shall meet to discuss the contemplated contracting out with the Union within ten (10) calendar days of receipt of the Union's request, or at any such later time as the parties may mutually agree. During this meeting, the Employer will consider any alternative proposals submitted by the Union. The Employer will provide the Union with notice of its final determination.
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ARTICLE 16 LAYOFFS AND RE-EMPLOYMENT
Section 16.1 Notice of Layoffs
When there is an impending layoff with respect to any employee in the bargaining unit, the Employer shall notify the Union and employees to be laid off no later than fourteen (14) calendar days prior to such layoff, except where lay offs result from a sudden emergency beyond the control of the administration of the Employer and/or as a result of action by the City Council, such notice shall be given to the Union and the employees as soon as the Employer has knowledge thereof. The Employer will provide the Union the names of all employees to be laid off prior to the layoff. Probationary employees shall be laid off first, and then employees shall be laid off in accordance with their seniority, provided the employees remaining have the ability to perform the jobs needed to the satisfaction of the Employer.
Section 16.2 Hiring During Layoffs
No new employees may be hired to perform duties normally performed by a laid off employee while employees are in layoff status and eligible for recall.
Section 16.3 Layoffs and Recall
The least senior employees in the affected job classification in the department shall be laid off first, provided the ability, qualifications to perform the required work, and the employee's job performance are equal among the other employees in the job in the department, and provided further that the layoff does not have a negative effect on the Employer's efforts to ensure equal employment opportunities.
Employees shall be recalled in the reverse order they were laid off, provided the employee has the then present ability to perform the job to the Employer's satisfaction without further training.
Employees shall retain and accumulate seniority and continuous service while on layoff, subject to the terms of Article 8 of this Agreement.
Section 16.4 Abolishment of fob Classification
If the Employer intends to abolish a job classification, the Employer shall notify the Union as soon as it is known and, upon request, meet and discuss the Employer's intention. The Employer shall advise the Union of its reasons and how, if at all, the work presently being performed by members ofthe unit will be performed in the future. Abolishment shall be defined as the layoff of all present members of the classification in a department or job title.
ARTICLE 17 UNION RIGHTS
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Section 17.1
The Union shall have the right and responsibility to represent the interests of all employees in the bargaining unit, to present its views to the Employer on matters of concern, either orally or in writing, and to consult and be consulted with in accordance with the terms of this Agreement and applicable law.
Section 17.2 - Right of Access
Authorized representatives ofthe Union shall be permitted entry to the premises of the Employer at reasonable times for the purpose of handling grievances, observing conditions under which employees are working and to administer this Agreement, consistent with the Employer's reasonable visitation rules. The Union will not abuse this right, and such right of entry shall at all times be conducted in a manner so as not to interfere with the Employer's normal operations. The Union shall be responsible for keeping the Employer continuously informed, in writing, ofthe names of the Union's authorized representatives, and shall notify the Employer promptly of any changes. The Employer may change or set rules of access, provided any change in practice shall be reasonable and subject to the grievance procedure.
Section 17.3 - Chapter Representatives
The City recognizes the right of the Union to elect, appoint, or otherwise name up to
four (4) employees as Chapter Representatives ofthe Union. The Union shall be
responsible for keeping the Employer continuously informed, in writing, ofthe
names of employees designated to serve as Chapter Representatives, and shall
notify the Employer promptly of any changes. Employees acting as Chapter
Representatives shall not be^iscriminated against because of their activities on
behalf of the Union. '-v->.-J"^t r-:: ¦ •
Section 17.4 Grievance Processing
Union Chapter Representatives will be permitted a reasonable amount of time without loss of pay during working hours to investigate and process grievances where this does not interfere with the efficient operation ofthe Department, provided that Chapter Representatives shall observe the Employer's reasonable visitation rules for Union representatives. A Chapter Representative shall ask his/her immediate supervisor for permission to handle grievances on work time, it being understood that the operation of the department takes precedence, but such permission shall not be unreasonably denied. Paid time off to investigate and process grievances under this Section does not include any time spent preparing for or presenting arbitration hearings after Step 111 of the grievance procedure has been completed.
Section 17.5 Negotiating Team
The Union may include up to four (4) employees on its negotiating team for purposes of negotiating a successor Agreement. Up to two (2) of said employees, and no more than one (1) employee from any shift at any work location, may be excused from work for the purpose of attending any scheduled negotiation meeting, provided that: (a) there will be at least one (1] employee remaining on duty as a
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Sergeant on the shift and at the work location ofthe employee being excused to attend negotiations; (b) the employee's absence from work would not interfere with the City's operations; (c) the employee will be excused from work only for such time as is reasonably necessary for the purpose of attending the negotiation meeting; and (d) any employee'seeking to be excused from work to attend a negotiation meeting requests and obtains the permission of his/her supervisor at least seven (7) calendar days before the negotiation meeting. Any time off from work granted in accordance with this Section shall be without loss of pay. The Union will notify the Employer ofthe names of all Union bargaining team members at the outset of negotiations.
Section 17.6 Bulletin Boards
The Union shall have the right of access to a bulletin board at locations where they can be conveniently seen and read by affected employees. The Union shall have the right to post notices concerning Union business on bulletin boards. Such materials shall be identified with the name ofthe Union and shall be signed or otherwise authenticated by an appropriate Sergeant or representative thereof. Such materials shall not be derogatory of any person associated with the City and shall not include items which are endorsements of candidates for political office (other than offices of the Union).
Section 17.7 Activity Report
The Employer shall, on a monthly basis, provide the Union with a list of all bargaining unit employees, including each employee's name, job classification, seniority, home address, and zip code.
ARTICLE 18 DRUG AND ALCOHOL PROGRAM
Section 18.1 Policy Statement
The City of Chicago's essential mission is to provide services to its citizens in a safe and economic manner. The parties to this Agreement recognize that drug and alcohol abuse in the workplace has a deleterious effect on the health and safety of employees, as well as their morale and productivity, all of which creates an undue burden on the persons which the City and employees covered by this Agreement serve. Furthermore, the economic cost of providing health care services to employees who abuse drugs and alcohol has put an increasing burden on the City's finances.
The Employer and the Union maintain a strong commitment to protect people and property, and to provide a safe working environment. To this end, the employer has also established its confidential Employee Assistance Program for employees with persona] problems, including alcohol and substance abuse, and the parties to this Agreement urge employees who have such problems to utilize the Program's services.
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To maintain a workplace which provides a safe and healthy work environment for all employees, the following drug and alcohol program is also established.
Section 18.2 Definitions
Alcohol: Ethyl alcohol
Prohibited Items and Substances: All illegal drugs and controlled substances, alcoholic beverages, and drug paraphernalia in the possession of, or being used by, an employee on the job or the premises ofthe Employer.
Employer Premises: All property, facilities, land, buildings, structures,
automobiles, trucks and other vehicles owned, leased or used by the Employer as job sites or work locations and over which the Employer has authority as employer.
Employee: All persons covered by this Agreement.
Accident: an event resulting in injury to a person requiring medical attention or causing significant damage to property to which an employee contributed as a direct or indirect cause.
Reasonable Cause: Erratic or unusual behavior by an employee, including but not limited to noticeable imbalance, incoherence and disorientation, which would lead a person of ordinary sensibilities to conclude that the employee is under the influence of drugs and/or alcohol.
Under the Influence: Any mental, emotional, sensory or physical impairment due to the use of drugs or alcohol.
Test: The taking and analysis of any body component sample, whether by blood, breath, urine, or in any other scientifically reliable manner, for the purpose of identifying, measuring or quantifying the presence or absence of drugs, alcohol or any metabolite thereof.
Section 18.3 Disciplinary Action
All employees must report to work in a physical condition that will enable them to perform their jobs in a safe manner. Further, employees shall not use, possess, dispense or receive prohibited items or substances on or at the Employer's premises, nor shall they report to work under the influence of drugs and/or alcohol.
When, based upon the direct observation of two supervisors, the Employer has reasonable cause to believe that an employee is under the influence of a prohibited substance, the Employer shall have the right to subject that employee to a drug and alcohol test. At the Employer's discretion, the employee may be placed on administrative leave with pay
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until test results are available. If the test results prove negative the employee shall be reinstated. In all other cases, the Employer will terminate all employees who:
test positive for drug and/or alcohol use;
refuse to cooperate with testing procedures;
are found to be under the influence of drugs or alcohol while on duty and on the Employer's premises;
are found in possession of alcohol, drugs or drug paraphernalia, or are found selling or distributing drugs or drug paraphernalia, on the Employer's premises.
Section 18.4 Drug and Alcohol Testing
(a) The Employer may require drug and/or alcohol testing under the
following conditions:
a test may be administered in the event that two superiors have reasonable cause to believe that ah employee has reported to work under the influence of or is at work under the influence of drugs or alcohol.
a test may be required if an employee is involved in a workplace accident or fighting;
a test may be required as part of a follow-up to counseling or rehabilitation for substance abuse for up to a one year period.1
random testing may be administered in accordance with the " applicable protocols and procedures established by the City for the random testing of employees holding commercial driver's licenses-;
a random drug and/or alcohol test may be administered in accordance with the applicable protocols and procedures established by the Department of Aviation for the random testing of employees.
Employees to be tested will be required to sign a consent form and chain of custody form, assuring proper documentation and accuracy. If an employee refuses to sign a consent form authorizing the test, he or she will be subject to termination.
Drug and alcohol testing will be conducted by an independent laboratory
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accredited by the United States Department of Health and Human Services ("DHHS"), and may consist of either blood or urine tests, or both. The Employer reserves the right to utilize a breathalyzer to test for the presence of alcohol, in lieu of other clinical testing.
Laboratory testing procedures will conform to the procedures specified in the Substance Abuse and Mental Health Services Administration (SAMSA) guidelines for federal workplace drug testing programs, dated June 9,1994 and as may be amended hereafter by the relevant agency of the Department of Health and Human Services.
Initial and confirmatory test results which meet or exceed the cutoff levels for drugs set forth in the DHHS guidelines (and as they may be amended) shall be regarded as "positive," and shall presumptively establish that the tested employee was under the influence of drugs.
Initial and confirmatory (or breathalyzer) test results which meet or exceed the blood alcohol level of .021, or its urine concentration equivalent shall presumptively establish that the tested employee was under the influence of alcohol.
The cost of initial and confirmatory testing will be borne by the Employer.
Drug and alcohol test results shall be reported to the Commissioner of Human Resources or his designee in the manner to be prescribed by the Commissioner. The applicant or incumbent shall be notified ofthe test results in writing. The Commissioner will inform the applicable department head of any employee who tests positive for alcohol or drugs, who in turn will initiate disciplinary proceeding under Section 18.3 above.
(i) All urine or blood samples shall be taken in sufficient quantity as to allow
for retesting. Any portion not used in the test will be preserved by
scientifically reliable means for one (1) year following the test. Any employee
whose test result is positive may elect, at his or her expense, to be retested
by the same or other laboratory satisfactory to the Commissioner of Human
Resources, provided that the Employer's testing laboratory shall arrange for
transmitting said sample to the second laboratory. Positive results of said
retesting shall be conclusive as to the presence of alcohol or drugs. The
failure to take a sufficient sample, or to preserve such sample, to allow for
retesting, shall not affect the removal from eligibility of an applicant or
personnel action, including discharge, or any employee.
(j) No laboratory report or test results shall appear in the incumbent's personnel file unless they are part of a personnel action under this program, but shall be placed in a special locked filed maintained by the Commissioner
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of Human Resources, except as such disclosure may be required by this policy, law or ordinance.
Section 18.5 Employee Assistance Program
Employees are encouraged to seek help for a drug or alcohol problem before it deteriorates into a disciplinary matter and may participate if they wish in the voluntary Employee Assistance Program.
ARTICLE 19 WAIVER AND SEPARABILITY
Section 19.1 Complete Agreement/Waiver
This Agreement constitutes the entire Contract between the Employer and the Union and settles all demands and issues with respect to all matters subject to collective bargaining. The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties, after the exercise of that right and opportunity, are set forth in this Agreement. The parties expressly waive and relinquish the right, and each agrees that the other shall not be obligated during the term of this Agreement, to bargain collectively with respect to any subject matter concerning wages, hours or conditions of employment referred to or covered in this Agreement, or discarded during the negotiations, even though such subjects or matters may not have been within the knowledge or contemplation of either or both ofthe parties at the time they negotiated this Agreement.
Section 19.2 Separability
In the event any of the provisions of this Agreement shall be or become invalid or unenforceable by reason of any Federal or State law or local ordinance, now existing or subsequently enacted, or by decree of a court of competent jurisdiction, only that portion of the Agreement shall be come null and void, and the remainder shall remain in full force and effect in accordance with its terms. The parties shall meet relating to the repeal of any such provision.
ARTICLE 20 TERM OF AGREEMENT
Section 20.1 Term of Agreement
The terms of this Agreement shall be subject to ratification by the City Council of the City of Chicago and concurrent adoption in ordinance form. The Employer and the Union will cooperate to secure this legislative approval.
This Agreement shall be effective from the date upon which it is ratified by the City Council of the City of Chicago, and shall remain in effect through 11:59 p.m. on
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fHly-4-2D-20 June 30, 2022, subject to the terms of Sections 20.2 and 20.3 of this Article. Thereafter, it shall automatically renew itself from year to year unless at least sixty (60) calendar days and not more than ninety (90) calendar days prior to the termination date or anniversary thereof, either party gives written notice to the other by Certified Mail, return receipt requested, of a desire to amend, add to, subtract from, or terminate this Agreement.
In the event such notice of a desire to amend, add to, or subtract from the terms of this Agreement is given, the parties shall, within a reasonable time thereafter, enter
into negotiations concerning the request. It is further agreed that in the event the City of Chicago agrees to or authorizes additional vacation, holidays or other paid time off, or voluntary unpaid time off with any other bargaining unit (excluding police and/or fire) during the term of this Agreement, such additional time off shall be granted to all employees covered by this Agreement.
Section 20.2 Health Plan Reopener
Each party reserves the right to reopen this Agreement in order to further negotiate the Health Plan set forth in Article 9 for the following reasons:
Any change(s) in the applicable law(s), including but not limited to a universal, national or state health care program mandating significant changes in health insurance benefits that becomes law and is effective during the term of this Agreement;
The lack of achievement of health care cost containment*asanticipated'by s!* the parties pursuant to the establishment and administration ofthe Labor-Management Cooperation Committee on health care ("LMCC"), as
defined below:
The parties charge the LMCC with the responsibility of approving Plan changes that will result in significant cost containment or savings, as measured by a projected increase of costs for any individual plan of no more than 8% in Fiscal Year 2009 and each fiscal year thereafter when compared to health care costs in Fiscal Year 2008 and each previous fiscal year thereafter, respectively.
Should the Plan changes approved by the LMCC fail to result in such cost containment or savings as stated in subsection (a) above, the LMCC shall make such adjustments to the Plan as are necessary, including but not limited to adjustments in deductibles, co-pays and co-insurance, to prevent the cost increase from exceeding 8% as measured in subsection (a) above.
Should the plan changes approved by the LMCC fail to achieve cost containment or savings as stated in subsections (a) and (b)
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above by the end ofthe following fiscal year, either party may elect to reopen negotiations as set forth herein on the following specific topics:
Health Plan set forth in Article 9;
Structure ofthe LMCC;
Composition of the LMCC;
Funding of the LMCC;
provided, however, each party reserves the right to reopen this Agreement in order to negotiate the Health Plan set forth in Article 9 no later than June 30, 2011.
If any one ofthe foregoing events or conditions occurs, either party to this Agreement has thirty (30) calendar days to notify the other party of its intent to reopen this Agreement in order to negotiate the Health Plan set forth in Article 9. Should either party elect to reopen negotiations pursuant to this provision, it shall submit written notice to the other party. Thereafter, the parties have ninety (90) calendar days within which to reach agreement on the Article. If the parties fail to reach agreement at the conclusion of that ninety (90) calendar day period, each party reserves the right to reopen the entire Agreement.
Section 20.3 Certification by the Illinois Labor Relations Board
The parties acknowledge that the Employer has appealed the decision of the Illinois Labor Relations Board ("ILRB") certifying the Aviation Security Sergeants as an appropriate, stand-alone bargaining unit. In the event that, at any point, the ILRB's certification of the Union as the exclusive representative of said bargaining unit shall become revoked or otherwise invalid by decision or order of any court or ofthe ILRB, the Agreement shall be considered terminated, and the terms of this Agreement shall become null and void, as ofthe effective date of said decision or order.
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IN WITNESS WHEREOF, each ofthe parties hereto, by its duly authorized representatives, has executed this document on the date set forth below:
FOR THE ILLINOIS COUNCIL OF POLICE:
Rich Bruno, President of 1COP
Date
*5 SA/^aoa I
FOR THE CITY OF CHICAGO:
Date
Cicely J. Porter Adams, Chief Labor Negotiator Date
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OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT MAYOR
January 27, 2021
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Corporation Counsel and the Budget Director, I transmit herewith an ordinance authorizing the execution of a collective bargaining agreement with the Illinois Council of Police.
Your favorable consideration of this ordinance will be appreciated.
To the President and Members of the City Council:
Your Committee on Workforce Development, to which was referred an ordinance, 02021-440 Collective bargaining agreement with Illinois Council of Police, begs leave to recommend that Your Honorable Body pass the ordinance submitted herewith.
This recommendation was concurred in by all members of the committee present on February
10, 2021.
Susan Sadlowski Garza
Chairwoman
Respectfully submitted,
Approved
, CORPORATIQ£iJKOUNSEL
DATED: