HomeMy WebLinkAbout052-R-23 Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the CoE and American Federation of State, County and Municipal Employees, Council 31, AFL-CIO for and on behalf of Evanston City Employees Union Local 189109/11/2023
52-R-23
A RESOLUTION
Authorizing the City Manager to Execute the Collective Bargaining
Agreement Between the City of Evanston and American Federation of
State, County and Municipal Employees, Council 31, AFL-CIO for and
on behalf of Evanston City Employees Union Local 1891
WHEREAS, the City of Evanston (the “City”) and American Federation of
State, County and Municipal Employees, Council 31, AFL-CIO for and on behalf of
Evanston City Employees Union Local 1891, (“AFSCME”) entered into a Collective
Bargaining Agreement (“Agreement”) in February 2019; and
WHEREAS, the Agreement and its terms expired December 31, 2022;
and
WHEREAS, pursuant to the Agreement, representatives of the City and
AFSCME, according to the terms of the contract, met and bargained in good faith on
the terms of a successor agreement; and
WHEREAS, the City and AFSCME have reached a tentative agreement.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The Collective Bargaining Agreement between the City of
Evanston and Evanston American Federation of State, County and Municipal
Employees, Council 31, AFL-CIO for and on behalf of Evanston City Employees Union
Local 1891, is hereby approved. The term of the Agreement shall be from January 1,
2023, to December 31, 2026.
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52-R-23
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SECTION 2: The City Manager is hereby authorized and directed to
execute the Collective Bargaining Agreement on behalf of the City of Evanston.
SECTION 3: This Resolution 52-R-23 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
September 11
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2023 NEGOTIATIONS
BETWEEN
CITY OF EVANSTON
AND
AFSCME COUNCIL 31
_____________________________________________________________
TENTATIVE AGREEMENT
_____________________________________________________________
SEPTEMBER 7, 2023
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1. Article II – Deduction of Union Dues
Section 2.1 Checkoff. Upon receipt of a signed authorization form from an
employee at the time of hire in the form set forth in Appendix C, the City shall
honor employees’ individually authorized deduction forms and shall make such
deductions in the amounts certified by the Union for union dues, assessments,
fees, and P.E.O.P.L.E. contributions. Authorized deductions shall be irrevocable
except in accordance with the terms, and any applicable laws, under which an
employee voluntarily authorized said deductions. The Union will notify the City
Human Resources Division Manager in writing of the amount to be deducted,
and the name and address of the President of the Union. Deductions shall be
made on the second City payday of each month and shall be remitted, together
with an itemized statement, to the President of the Union by the last day of the
month in which the deduction is made. The City will provide the Union with the
name and department of new and reinstated bargaining unit employees on a
quarterly basis (i.e., on or about January 1, April 1, July 1, and October 1).
Additionally, the Union will conduct union orientation for new employees as soon
as practicable after employment begins. This new employee orientation should
be no shorter than 30 60 minutes. Alternatively, the Union may choose to
conduct new employee orientation in conjunction with new hire orientation
conducted by the City. All such new employee orientations shall take place
during employees’ working hours with no loss of pay.
2. Article V- Seniority Rights
Section 5.6 Probationary Period.
(a) New Employees - New employees shall be considered probationary
employees for the first twelve months of employment and shall not
have seniority. The City may extend the probationary period for
up to an additional six months due to performance issues or for
additional training. The Union shall be notified of the extension
of the probationary period. In the event of an extension, the
probationary employee shall be covered by this Agreement,
including the grievance procedure, except that no grievance may
be filed if the employee is terminated. Extension of the
probationary period will be the exception, not the general rule.
Probationary employees do not have seniority and may be terminated and
no grievance may be filed. The Union would have the right to grieve all
discipline, except for termination, during this probationary period.
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3. Article VI – Grievance Procedure
Section 6.1. Definition of Grievance. A grievance is a difference of opinion
between an employee or the Union and the City/Library with respect to the
meaning or application of the express terms of this Agreement, or with respect
to inequitable application of the Personnel Rules of the City or with respect to
inequitable application of the Unified Work Rules or departmental work rules
(where Personnel Rules and department work rules conflict or are silent,
Personnel Rules will govern).
Section 6.2. Grievance Committee and Stewards. The Union shall select a
grievance committee of not more than four members to attend grievance
meetings scheduled pursuant to Step 2 and 3 of this procedure. The Union shall
select up to three (3) stewards to participate in the grievance procedure and
attend grievance meetings set forth in this Article. The Union shall notify the
City Manager/Library Director in writing of the names of all grievance
committee members and stewards, and any changes of committee members or
stewards within 10 calendar days of their appointment by the Union.
Section 6.3. Grievance Procedure. Recognizing that grievances should be
raised and settled promptly at the earliest step possible, a grievance must be
raised within twenty-one (21) calendar days of when the event became known to
the employee. The union shall submit grievance forms to a representative of the
Human Resources Division who will then scan and distribute the grievance via e-
mail to the appropriate manager designated. This distribution process will be
followed in Step 2 and above. A grievance shall be processed as follows, except
that a grievance filed relating to a suspension of one working day or more shall
be filed at Step 3. The Union may extend the timeframe by providing notice to
the City due to extenuating circumstances.
STEP 1: Verbal to Immediate Supervisor: The employee, with or without his
steward, shall discuss the grievance with his immediate supervisor, but no
adjustment reached without the steward may be inconsistent with this
Agreement. The immediate supervisor shall attempt to adjust the grievance and
shall respond verbally within three (3) working calendar days of the discussion.
If a grievance involves two or more employees, the steward may present the
grievance with only one aggrieved employee present. For record-keeping
purposes, any grievance settled at Step 1 shall be summarized in writing,
including the adjustment agreed to, and copies submitted to the Union President,
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Executive Vice President, the department head and the City Manager /Library
Director or his designee within 15 calendar days of the agreement.
STEP 2: Written Grievance to Division Chief (second line supervisor): If the
grievance is not settled in Step 1, the Union shall, within five (5) working
calendar days following receipt of the supervisor’s answer, file a written
grievance with the Division Chief or second line supervisor, on a standardized
form provided by the Union. The grievance will contain a specific description of
the grievance, the specific provisions of the contract involved, and a specific
remedy for the grievance. Incomplete grievances shall be returned to the Union
President and Executive Vice President within three (3) working calendar days
of the submission at Step 2, indicating where the grievance form is not complete
o understandable. The Union shall then have an additional three (3) working
calendar days to resubmit the grievance to the Division Chief or second line
supervisor.
When a complete written grievance is submitted by the Union, a meeting shall
then be held between the Division chief or second line supervisor and the
grievance committee stewards at a mutually agreeable time, generally within
ten (10) working calendar days. If no settlement is reached at said meeting, the
Division Chief or second line supervisor shall give a written answer to the Union
President and Executive Vice President within ten (10) working calendar days of
said meeting. If a settlement is reached at said meeting, a written summary of
the grievance and settlement will be submitted to the Union President and
Executive Vice President, the department head and the City Manager or his
designee within 15 working calendar days of the meeting.
STEP 3: Written Grievance to Department Head/Library Assistant Director: If
the grievance is not settled in Step 2, the Union shall, within five (5) working
calendar days following receipt of the Step 2 answer, file a written grievance
with the Department Head, on a standardized form provided by the Union. The
grievance filed at Step 2 along with the answer shall be filed with the Step 3
grievance. The Step 3 grievance shall contain the Union’s position regarding the
Step 2 answer. A meeting shall then be held between the Department Head and
the grievance committee stewards at a mutually agreeable time, generally
within ten (10) working calendar days. If no settlement is reached at said
meeting, the Department Head/Library Assistant Director shall give a written
answer to the Union President and Executive Vice President within fifteen (15)
working calendar days of said meeting. If a settlement is reached at said
meeting, a written summary of the grievance and settlement will be submitted to
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the Union President and Executive Vice President and the City Manager/Library
Director or his their designee within 15 working calendar days of the meeting.
STEP 4: Grievance Meeting with the City Manager/Executive Director of the
Library: If the grievance is not settled in Step 3, the Union shall file a written
grievance with the City Manager/Executive Director of the Library or his
their designee within ten (10) working calendar days after receipt of the Step 3
answer. A meeting shall then be held between the City Manager/Executive
Director of the Library or his their designee and the Grievance Committee
stewards at a mutually agreeable time, generally within 30 calendar days. If no
settlement is reached in said meeting, the City Manager/Executive Director of
the Library or his their designee shall respond in writing within fifteen (15)
working calendar days following said meeting. If a settlement is reached, a
written summary of the agreement will be submitted to the Union President and
Executive Vice President for signature of agreement, signed by the City
Manager/Executive Director of the Library or his their designee, and copies
distributed as appropriate.
STEP 5: Arbitration: If the grievance is not settled in Step 4, the Union may
submit the grievance to arbitration by giving written notice to the City
Manager/Executive Director of the Library within twenty-one (21) calendar
days after receipt of the City’s answer in Step 4.
The parties shall attempt to agree on an arbitrator promptly. In the event the
parties are unable to agree upon an arbitrator, they shall jointly request the
Federal Mediation and Conciliation Service to submit a panel of five (5)
arbitrators. If neither party can agree on the first list, they may request a second
list. Once the list has been submitted, the Union shall strike two (2) names, and
the City shall strike two (2) names, and the person whose name remains shall be
the arbitrator. The arbitrator shall be notified of his selection by a joint letter
from the City and the Union requesting that he set a time and place for the
hearing, subject to the availability of the City and Union representatives. The
arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this Agreement. He shall consider and decide only the
specific issue submitted to him and his decision shall be based solely upon his
interpretation of the meaning or application of the terms of this Agreement,
together with such Personnel Rules and Unified Work Rules as may be directly
relevant, to the facts of the grievance presented. The decision of the arbitrator
shall be final and binding on the City, the Union and the employees. The decision
of the arbitrator shall be rendered in writing within sixty (60) calendar days
after the close of the hearing. The costs of the arbitration, including the fee and
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expenses of the arbitrator, shall be divided equally between the City and the
Union. The City and the Union shall each be responsible for compensation of
their own witnesses and/or representatives who attend arbitration hearings;
provided, however, that the President of the Union and the grievant shall be
released from duty if necessary to attend such hearing without loss of pay.
Section 6.4. Time Limits. No grievance shall be entertained or processed
unless it is filed within the time limits set forth in Section 6.3. If a grievance is
not appealed within the time limits for appeal set forth above, or at least
reasonably close to those time limits, it shall be deemed settled on the basis of
the last answer of the City/Library, provided that the parties may agree to
extend any time limits. If the City/Library fails to provide an answer within the
time limits so provided, or at least reasonably close to those time limits, the
Union may then immediately appeal to the next step in the grievance procedure.
Section 6.5. Investigation and Discussion. All grievance discussions and
investigations shall take place in a manner which does not interfere with the
operation of the services of the City/Library. Employees shall suffer no loss in
pay for attendance at grievance meetings which are held during an employee’s
regularly scheduled straight-time work day. Insofar as possible, grievance
meetings under the grievance procedure shall be held during normal working
hours. If the Steward has been involved in presenting a grievance, the verbal
answer shall be given to both the employee and the Steward and any discussion
which the supervisor initiates concerning such a grievance shall involve both the
employee and the Steward. In the event of pre-disciplinary meetings, the
City/Library will give three (3) working calendar days’ notice to the Union
President and Executive Vice President, except in extraordinary circumstances.
Section 6.6. Grievances Involving Discharge and Disciplinary
Suspension of Seven Days or More. Discipline and discharge shall be for just
cause. If a permanent employee is discharged or given a disciplinary suspension
of seven (7) working days or more, the employee and Union shall be given
written notice of said discharge or suspension. If the Union desires to file a
grievance over said an employee’s discharge or suspension of seven (7)
working days or more, a grievance must be filed in writing directly at Step 4 of
the grievance procedure within fourteen (14) calendar days after the notice of
said discharge or suspension. If the grievance is not settled at Step 4, it may be
submitted by the Union to arbitration under Step 5 of the grievance procedure.
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Section 6.7. Exclusive Remedy. Civil Service procedures shall not be available
to employees in the bargaining unit for the purpose of challenging discharges or
disciplinary actions.
Section 6.8. Pertinent Witnesses and Information. The Union may request
the production of specific documents, books, papers or witnesses reasonably
available from the employer and substantially pertinent to the grievance under
consideration.
4. Article VI.B – Library Grievance Procedure
Section 6.B.3 Grievance Procedure.
Section 6.B.1. Definition of Grievance. A grievance is a difference of opinion
between an employee or the Union and the City or Library with respect to the
meaning or application of the express terms of this Agreement, or with respect
to inequitable application of the Personnel Rules of the City or with respect to
inequitable application of the Unified Work Rules or Departmental Work Rules
(where Personnel Rules and department rules conflict, personnel rules will
govern).
Section 6.B.2. Grievance Committee and Stewards. The Union shall select
a grievance committee of not more than four members to attend grievance
meetings scheduled pursuant to Step 2 and 3 of this procedure. The Union shall
select stewards to participate in the grievance procedure set forth in this Article.
The Union shall notify the City Manager and the Library Director in writing of the
names of all grievance committee members and stewards, and any changes of
committee members or stewards within 10 calendar days of their appointment by
the Union.
Section 6.B.3. Grievance Procedure. Recognizing that grievances should be
raised and settled promptly at the earliest step possible, a grievance must be
raised within twenty-one (21) calendar days of when the event became known to
the employee. The union shall submit grievance forms to a representative of the
Human Resources Division who will then scan and distribute the grievance via e-
mail to the appropriate manager designated. This distribution process will be
followed in Step 2 and above. A grievance shall be processed as follows, except
that a grievance filed relating to a suspension of one working day or more shall
be filed at Step 3. The Union may extend the timeframe by providing notice to
the City due to extenuating circumstances.
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STEP 1: Verbal Grievance to Immediate Supervisor: The employee, with or
without his/her steward, shall discuss the grievance with his/her immediate
supervisor, but no adjustment reached without the steward may be inconsistent
with this Agreement. The immediate supervisor shall attempt to adjust the
grievance and shall respond verbally within three (3) working days of the
discussion. If a grievance involves two or more employees, the steward may
present the grievance with only one aggrieved employee present. For record-
keeping purposes, any grievance settled at Step 1 shall be summarized in
writing, including the adjustment agreed to, and copies submitted to the Union
President, Executive Vice President, the Library Director or his/her designee
within 15 calendar days of the agreement.
STEP 2: Written Grievance to Division Head (if the immediate supervisor is the
Division Head, proceed to Step 3): If the grievance is not settled in Step 1, the
Union shall, within five (5) working days following receipt of the supervisor’s
answer, file a written grievance with the Division Head on a standardized form
provided by the Union. The grievance will contain a specific description of th e
grievance, the specific provisions of the contract involved, and a specific remedy
for the grievance. Incomplete grievances shall be returned to the Union
President and Executive Vice President within three (3) working days of the
submission at Step 2, indicating where the grievance form is not complete or
understandable. The Union shall then have an additional three (3) working days
to resubmit the grievance to the Division Head.
When a complete written grievance is submitted by the Union, a meeting shall
then be held between the Division Head and the grievance committee at a
mutually agreeable time, generally within ten (10) working days. If no settlement
is reached at said meeting, the Division Head shall give a written answer to the
Union President and Executive Vice President within ten (10) working days of
said meeting. If a settlement is reached at said meeting, a written summary of
the grievance and settlement will be submitted to the Union President and
Executive Vice President, the Library Director or his/her designee within 15
working days of the meeting.
STEP 3: Written Grievance to Assistant Library Director: If the grievance is not
settled in Step 2, the Union shall, within five (5) working days following receipt
of the Step 2 answer, file a written grievance with the Assistant Library Director
on a standardized form provided by the Union. The grievance filed at Step 2
along with the answer shall be filed with the Step 3 grievance. The Step 3
grievance shall contain the Union’s position regarding the Step 2 answer. A
meeting shall then be held between the Assistant Library Director and the
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grievance committee at a mutually agreeable time, generally within fifteen (15)
working days. If no settlement is reached at said meeting, the Assistant Library
Director shall give a written answer to the Union President and Executive Vice
President within fifteen (15) working days of said meeting. If a settlement is
reached at said meeting, a written summary of the grievance and settlement will
be submitted to the Union President and Executive Vice President and the Library
Director or his/her designee within fifteen (15) working days of the meeting.
STEP 4: Grievance Meeting with the Library Director: If the grievance is not
settled in Step 3, the Union shall file a written grievance appeal with the Library
Director or his/her designee within ten (10) working days after receipt of the
Step 3 answer. A meeting shall then be held between the Library Director or
his/her designee and the Grievance Committee at a mutually agreeable time,
generally within 30 calendar days. If no settlement is reached in said meeting,
the Library Director or his/her designee shall respond in writing within fifteen
(15) working days following said meeting. If a settlement is reached, a written
summary of the agreement will be submitted to the Union President and
Executive Vice President for signature of agreement, signed by the Library
Director or his/her designee, and copies distributed as appropriate.
STEP 5: Arbitration: If the grievance is not settled in Step 4, the Union may
submit the grievance to arbitration by giving written notice to the Library
Director within twenty-one (21) calendar days after receipt of the City’s answer
in Step 4.
The parties shall attempt to agree on an arbitrator promptly. In the event the
parties are unable to agree upon an arbitrator, they shall jointly request the
Federal Mediation and Conciliation Service to submit a panel of five (5)
arbitrators. If neither party can agree on the first list, they may request a second
list. Once the list has been submitted, the Union shall strike two (2) names, and
the Library shall strike two (2) names, and the person whose name remains shall
be the arbitrator. The arbitrator shall be notified of his/her selection by a joint
letter from the Library and the Union requesting that he/she set a time and place
for the hearing, subject to the availability of the Library and Union
representatives. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to or subtract from the provisions of this Agreement. He/She shall
consider and decide only the specific issue submitted to him/her and his/her
decision shall be based solely upon his/her interpretation of the meaning or
application of the terms of this Agreement, together with such Personnel Rules
and Unified Work Rules and departmental rules as may be directly relevant, to
the facts of the grievance presented. The decision of the arbitrator shall be final
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and binding on the Library, the Union and the employees. The decision of the
arbitrator shall be rendered in writing within sixty (60) days after the close of the
hearing. The costs of the arbitration, including the fee and expenses of the
arbitrator, shall be divided equally between the Library and the Union. The
Library and the Union shall each be responsible for compensation of their own
witnesses and/or representatives who attend arbitration hearings; provided,
however, that the President of the Union and the grievant shall be released from
duty if necessary to attend such hearing without loss of pay.
Section 6.B.4. Time Limits. No grievance shall be entertained or processed
unless it is filed within the time limits set forth in Section 6.3. If a grievance is
not appealed within the time limits for appeal set forth above, or at least
reasonably close to those time limits, it shall be deemed settled on the basis of
the last answer of the Library, provided that the parties may agree to extend any
time limits. If the Library fails to provide an answer within the time limits so
provided, or at least reasonably close to those time limits, the Union may then
immediately appeal to the next step in the grievance procedure.
Section 6.B.5. Investigation and Discussion. All grievance discussions and
investigations shall take place in a manner which does not interfere with the
operation of the services of the City and/or Library. Employees shall suffer no
loss in pay for attendance at grievance meetings which are held during an
employee’s regularly scheduled straight-time work day. Insofar as possible,
grievance meetings under the grievance procedure shall be held during normal
working hours. If the Steward has been involved in presenting a grievance, the
verbal answer shall be given to both the employee and the Steward and any
discussion which the supervisor initiates concerning such a grievance shall
involve both the employee and the Steward. In the event of pre-disciplinary
meetings, the City and/or Library will give three (3) working days’ notice to the
Union President and Executive Vice President, except in extraordinary
circumstances.
Section 6.B.6. Discharge and Disciplinary Suspension of Seven Days or
More. Discipline and discharge shall be for just cause. If a permanent employee
is discharged or given a disciplinary suspension of seven (7) working days or
more, the employee and Union shall be given written notice of said discharge or
suspension. If the Union desires to file a grievance over said discharge or
suspension of seven (7) working days or more, a grievance must be filed in
writing directly at Step 4 of the grievance procedure within fourteen (14)
calendar days after the notice of said discharge or suspension. If the grievance is
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not settled at Step 4, it may be submitted by the Union to arbitration under Step
5 of the grievance procedure.
Section 6.B.7. Exclusive Remedy. Civil Service procedures shall not be
available to employees in the bargaining unit for the purpose of challenging
discharges or disciplinary actions.
Section 6.B.8. Pertinent Witnesses and Information. The Union may
request the production of specific documents, books, papers or witnesses
reasonably available from the employer and substantially pertinent to the
grievance under consideration.
5. Article VIII – Leaves of Absence
Section 8.6 Family and Medical Leave. An employee may request leave
under the Family and Medical Leave Act, as follows:
(a) General conditions:
. . .
11) If the employee fails to return to work at the conclusion of a FMLA
leave, the employee shall repay to the City the premiums paid on the
employee’s behalf to maintain insurance coverage while on FMLA leave
unless the reason the employee does not return to work is because of i)
retirement under IMRF, ii) recurrence or onset of a serious health
condition that would otherwise entitle the employee to leave under FMLA,
or iii) circumstances beyond the employee’s control death.
. . .
(b) FMLA leave for employee’s own serious health condition: An employee
who has a serious health condition must first use any or all of his accrued
sick leave. If an employee has used up all his accrued sick leave, the
employee will be placed on FMLA leave on an unpaid basis, which leave
will not exceed sixty (60) working days twelve (12) weeks in a calendar
year. The employee may choose to use accrued vacation, floating holiday
and/or compensatory time during the sixty (60) working days twelve
(12) weeks of FMLA leave. If an employee continues to have the same
serious medical condition after exhausting his accrued sick leave and the
sixty (60) working days twelve (12) weeks of FMLA, he will be placed
on a permanent leave of absence of up to nine calendar months. During
the permanent leave of absence, the employee may continue to use any
accrued vacation, floating holiday and/or compensatory time until it is
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exhausted, but in no case shall an employee remain in pay status beyond
the end of the permanent leave of absence. Any accrued time remaining
will be paid out to the employee at the completion of the permanent leave
of absence. If an employee becomes able to return to work during the
permanent leave of absence, he may apply for re-employment and if
qualified, placed on a re-employment list for the position held immediately
prior to the taking of the leave. If the employee is not able to return to
work by the conclusion of the permanent leave of absence, employment
will be terminated.
(c) FMLA leave for an immediate family member with a serious health
condition: An employee may request FMLA leave to care for an immediate
family member (as defined herein and by the FMLA) with a serious health
condition. Such FMLA leave will not exceed sixty (60) working days
twelve (12) weeks in a calendar year; the employee may choose to use
accrued sick, vacation, floating holiday or compensatory time for some or
all of the FMLA. If the employee does not have sufficient accrued sick,
vacation, floating holiday or compensatory time for the full sixty (60)
working days twelve (12) weeks, the balance will be on an unpaid
basis. The employee must return to work at the completion of the FMLA,
or employment will be terminated.
(d) FMLA leave due to the birth of a child, placement of a child for adoption or
foster care: An employee who gives birth may use accrued sick leave,
vacation, floating holiday or compensatory time; the employee must
specify in advance the amount of sick leave, vacation, floating holiday
time or compensatory time to be used. If the employee chooses not to
take any accrued leave time, and/or exhausts her designated accrued
time, the employee will be placed on FMLA leave on an unpaid basis,
which leave will not exceed sixty (60) working days twelve (12) weeks
in a calendar year. The employee must return to work at the conclusion of
the FMLA leave, unless she is medically unable to return to work. In such
cases, the conditions specified in subsection (b) above shall apply.
Employees not giving birth who use FMLA leave following the birth of a
child or placement of a child for adoption or foster care may request FMLA
leave. Such FMLA leave will not exceed sixty (60) working days twelve
(12) weeks in a calendar year; the employee may choose to use up to
three (3) days of accrued sick leave as part of such leave, and accrued
vacation, floating holiday or compensatory time for some or all of the
FMLA. If the employee does not have sufficient accrued vacation, floating
holiday or compensatory time for the full FMLA, the balance will be on an
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unpaid basis. The employee must return to work at the completion of the
FMLA, or his employment will be terminated.
Section 8.7. Emergency Occurrence Leave. An employee may request time
off for an emergency occurrence without 48 hours of prior notification no more
than three (3) times in a calendar year; such time off shall not exceed a total of
three (3) working days in that calendar year. Supervisors will be notified as soon
as possible of the emergency situation but not less than 15 minutes prior to work
absence. The employee may use accrued floating holiday, compensatory, sick,
and/or vacation time to cover this time off.
6. Article IX – Wage and Benefits
Section 9.1. Wage Rates.
a) Wage rates for the classifications covered by this Agreement from January
1, 2018 2023 through December 31, 2022 2026 are set forth in Appendix B,
attached hereto and made a part hereof. The wage rates in Appendix B include
salary increases (all steps) as follows: 0% 11% added to the base rate of all
bargaining unit employees beginning December 24January 1, 2018 2023;
1.5%11% 3% added to the base of all bargaining unit employees beginning
December 23January 1, 2019 2024; and 2.5% 11% 3% added to the base
rate of all bargaining unit employees beginning December 21, 2020 January 1,
2025; and 3%11% 3% added to the base rate of all bargaining unit
employees beginning December 20, 2021January 1, 2026. The parties
further agree to a one-time lump sum payment in the amount of $1250
to be paid to bargaining unit employees within thirty (30) days
following ratification.
. . .
Section 9.2. Longevity Pay.
Under the conditions listed below, employees covered by this Agreement are
eligible to receive an additional 2% of base salary when they complete eight (8)
years of service with the City, and a total of 3% of base salary when they
complete fifteen (15) years of service, and a total of 4%6% of base salary when
they complete twenty-five (25) twenty 20 years of service, and a total of 7%
of base salary when they complete twenty five years of service:
- An employee must have served the minimum number of years in a full-
time or permanent part-time position, and the length of service shall have
been continuous without interruption; and
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- An employee reaching eligibility for longevity pay will receive a
performance evaluation for longevity pay purposes immediately prior to
the 8 or 15 year anniversary date
Section 9.3A Paid Holidays.
(a) The City recognizes the following holidays; employees are eligible for paid
holidays as described below. For employees working in the Library, see
section 9.3D.
New Year’s Day Dr. Martin Luther King Jr.’s Birthday
Memorial Day July 4th
Labor Day Thanksgiving Day
Friday after Thanksgiving Christmas Day
Employee’s Birthday Three Five floating holidays
Juneteenth (one is considered undeniable if
taken within week of your
birthday)
Additional Paid Holiday Annually as provided in subsection (b)
If an employee’s birthday holiday falls on February 29 (except in leap years) or
on another day recognized as a holiday as set forth above (except floating
holidays), the next calendar day shall be recognized as the employee’s birthday
holiday; Section 9.3 (e) will apply to employee’s birthdays falling on a Saturday
or Sunday. The employee must request use of the birthday holiday as a day off
in advance, following the applicable work rules. The request will not be denied
or canceled except in extreme emergencies. When Water Plant Operators are
working the third shift and their birthday falls within that working period, their
birthday holiday shall be the day after the third shift ends.
Section 9.3.B. Paid Holidays – Permanent Part-time Employees.
(b) Permanent Beginning January 1, 2024. Part-time employees will receive
pro-rata floating holidays as follows: permanent part-time employees who are
regularly scheduled to work 28 hours/week or more earn floating holidays at
75% 85% of the rate earned by full-time employees; permanent part-time
employees who are regularly scheduled to work 18.75 hours/week or more but
less than 28 hours/week earn floating holidays at 50% 60% of the rate earned
by full-time employees; permanent part-time employees who are regularly
scheduled to work 10 hours/week or more but less than 18.75 hours/week earn
floating holidays at 25% 35% of the rate earned by full-time employees.
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Permanent pPart-time employees who are required to work on one of the
holidays shall receive double time payment for all hours worked on any such
holiday, but no additional holiday pay.
Section 9.3.C. Floating Holidays.
(e) Permanent Ppart-time employees will receive pro-rata floating holidays,
starting January 1, 2023, as follows: permanent part-time employees who are
regularly scheduled to work 28 hours/week or more earn floating holidays at
75% 85% of the rate earned by full-time employees; permanent part-time
employees who are regularly scheduled to work 18.75 hours/week or more but
less than 28 hours/week earn floating holidays at 50% 60% of the rate earned
by full-time employees; permanent part-time employees who are regularly
scheduled to work 10 hours/week or more but less than 18.75 hours/week earn
floating holidays at 25% 35% of the rate earned by full-time employees.
Section 9.3D. Library Employees. Sections 9.3A, B and C above apply to
Library employees except as detailed below. The City recognizes the following
holidays for employees working in the Library:
New Year’s Day Memorial Day
Juneteenth Labor Day
July 4th Christmas Eve Day
Thanksgiving Day Employee’s Birthday
Christmas Day
Three Five floating holidays (one is considered undeniable if taken within
the week of your birthday)
(a) Library employees are eligible for an additional floating holiday in lieu of Dr.
King’s Birthday, and an additional floating holiday in lieu of the Friday after
Thanksgiving. Those additional floating holiday hours will be added to the
employee’s accrual during the pay period in which the observed holiday occurs.
(b) For Library employees regularly scheduled to work on days the Library is
closed which are not designated City holidays for employees working in the
Library, the following will apply:
Bargaining unit employees in part-time positions who are regularly scheduled to
work on days that the Library is closed which are not designated City paid
holidays for employees working in the Library may make up those “lost”
hours sixty (60) days before or after the date in question, at a time(s) that is
mutually agreed upon by the employee and supervisor.
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Bargaining unit employees in full-time positions, excluding maintenance staff,
who are regularly scheduled to work on days that the Library is closed which are
not designated City paid holidays for employees working in the Library may
make up those “lost” hours within the same pay week as the date in question, at
a time(s) that is mutually agreed upon by the employee and supervisor.
(c) Eligible full-time employees shall receive one day’s pay at their
regular straight time hourly rate of pay for each of the holidays listed
in subsection (a). If a holiday falls on a full-time employee’s regular
day off, the employee may predesignate to receive one day’s pay at
straight time OR will receive the equivalent of one day of
compensatory time in lieu of holiday pay, to be taken by the employee
within 30 calendar days of the holiday, or paid out at the end of the
fiscal year, whichever comes first.
(d) Part-Time employees will receive straight time holiday pay for
hours they are normally scheduled to work on a designated holiday.
(e) If a full-time employee is required to work on one of the holidays
listed in subsection (a) he shall receive double time his regular
straight-time hourly rate for all work performed on any such holiday, in
addition to holiday pay. Part-time employees who are required to work
on one of the holidays shall receive double time payment for all hours
worked on any such holiday, but no additional holiday pay.
(f) When an employee works on a holiday which is regularly observed
on Monday (Memorial Day, Labor Day), that Monday shall be
considered as the day for holiday premium pay (double time) and the
employee shall receive double time pay pursuant to Section 9.3.
(g) In order to receive holiday pay for the holidays set forth in
subsection (a), the employee must work or be in pay status on both the
regularly scheduled day before and the regularly scheduled day after
the holiday.
(h) If an employee’s birthday holiday (which will be considered as an
undeniable floating holiday) falls on February 29 (except in leap years)
or on another day recognized as a holiday as set forth above (except
floating holidays), the next calendar day shall be recognized as the
employee’s birthday holiday; Section 9.3 (e) will apply to employee’s
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birthdays falling on a Saturday or Sunday. The employee must request
use of the birthday holiday as a day off in advance, following the
applicable work rules. The request will not be denied or canceled
except in extreme emergencies.
(i) If the Library chooses to be open on a designated holiday
recognized by the City for employees working in the Library, staff may
volunteer to work for additional pay (per the CBA), but will not be
required to work on such holiday.
(j) Section 9.3.C also applies to Library Employees with regards to
Floating Holidays.
Section 9.4. Paid Vacation.
. . .
(d) Permanent pPart-time employees, beginning January 1, 2024, who are
regularly scheduled to work 28 hours/week or more earn vacation at 75%
85% of the rate earned by full-time employees; permanent part-time
employees who are regularly scheduled to work 18.75 hours/week or
more but less than 28 hours/week earn vacation at 50% 60% of the rate
earned by full-time employees permanent part-time employees who are
regularly scheduled to work 10 hours/week or more but less than 18.75
hours/week earn vacation at 25% 35% of the rate earned by full-time
employees.
(n) Employees must use at least 50 percent of the vacation time accrued each
year. Employees will not accrue vacation hours above 50% of their total
vacation earned in each year and are subject to total maximums provided
in this agreement. As an example, an employee who earns 20 days of
vacation per year is required to use 50% of these days. If the employee
only uses 8 days, only 10 days will be added to their total accrual,
assuming they have not reached their maximum accrual.
This section is subject to the grievance procedure if an employee’s failure to use
at least 50% of the vacation time is due to the unreasonable denial of requests
made.
Section 9.5. Sick Leave.
Employees are eligible for paid sick leave under the following conditions:
. . .
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(b) Permanent pPart-time employees, beginning January 1, 2024, who are
regularly scheduled to work 28 hours/week or more earn sick leave at 75%
85% of the rate earned by full-time employees; permanent part-time employees
who are regularly scheduled to work 18.75 hours/week or more but less than 28
hours/week earn sick leave at 50% 60% of the rate earned by full-time
employees; permanent part-time employees who are regularly scheduled to work
10 hours/week or more, but less than 18.75 hours/week earn sick leave at 25%
35% of the rate earned by full-time employees.
. . .
(g) Sick leave may be used for certain instances of on-the-job injuries where
the employee is unable to work due to the on-the-job injury for a period of 14
consecutive calendar days or less, of no more than three days per occurrence,
upon certification of the City doctor that the employee is unable to perform his
regular duties because of said injury, provided that the employee has at least
twelve three (3) days of accumulated sick leave at the time that the on-the-job
injury occurs, and provided that, if the City doctor allows, the employee may be
assigned light duty at the option of the City in lieu of permitting the employee to
use sick leave.
. . .
Section 9.6. Bereavement Leave.
Documentation of the death must be provided for any leave taken under this
section. Any leave of absence for bereavement leave must be taken within thirty
(30) calendar days of the death of a family member and the leave can be split
into no more than two occurrences. A leave of absence with pay, which is not to
exceed three (3) working days, will be granted to an permanent full-time
employee for a death in his immediate family. If the funeral involves one-way
travel of more than 500 miles requiring additional time away from work, a leave
of absence with pay, which is not to exceed five (5) working days, will be
granted. For any leave time that is non-consecutive and is taken after the initial
bereavement leave day, the employee must provide two (2) working days’ notice
with documentation. If additional time is needed for travel, the employee may
use emergency vacation leave.
Section 9.7. Jury Duty. When an employee is called for service as a juror on a
day he is scheduled to work, he will receive pay for the shift at his regular
straight-time hourly rate, if the employee gives advance notice to the City and
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provides substantiation of jury service, including a copy of the jury
notification.
Section 9.9. Overtime. For purposes of computing overtime, the work week
shall be a seven consecutive days period beginning at 12:01 a.m. on Mondays or
being in paid status. Full-time employees shall receive time and one-half their
straight-time hourly rate for all work performed over their normal workweek
forty (40) hours or thirty-seven and one-half (37.5) hours in one week
(whichever is considered as full-time by the department). Hours worked
will include one workday of sick leave when the employee submits acceptable
verification for the absence to the City.
For mandatory and otherwise approved and planned in advance work that
exceeds the employee’s normal work day, time and one-half will be paid. For
mandatory and otherwise planned in advance work that is outside the
employee’s normal work day or work week, he shall be guaranteed a minimum
of two four hours’ pay at the employee’s regular straight-time hourly rate of pay
or time and one-half the employee’s regular straight-time hourly rate of pay for
all hours actually worked, whichever is greater. The guaranteed minimum of two
hours’ pay shall not exceed two events in any one workday.
Permanent part-time employees shall receive time and one-half their straight
time hourly rate for all work performed over 40 hours in one week.
Employees shall receive double time their regular straight time hourly rate for all
work performed on their second day off in a 7-day work week period. Sunday
shall be considered part of an employee’s regularly scheduled workweek if
scheduled to work Sunday as part of a weekend rotation and such hours are not
in excess of the normal work week.
All overtime must be approved in advance by the departmental authorizing
agent; employees are not authorized to work overtime of their own volition.
Overtime under this section shall not be pyramided.
Employees eligible for overtime compensation may request to receive
compensatory time off at the rate of time and one-half in lieu of pay or double
time in lieu of pay in instances when double time applies. Such
compensatory time must be used within 90 days of accrual. No employee shall
accrue more than 80 hours of compensatory time.
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Compensatory time in lieu of overtime payment will be the exception rather than
the rule. However, for approved accrued compensatory time, employees must
request the use of compensatory time off in writing, at least 48 hours in
advance, on the form provided by the City. Accrued compensatory time not
taken within the fiscal year in which it is earned will be paid out to the employee
on or about February 1 of the subsequent year.
. . .
Section 9.10. Standby Pay. Full-time employees who are assigned to perform
standby duty shall receive standby pay as follows:
- $17 $25 per weekday (from end of regular shift until the beginning of the
regular shift the next day Monday-Thursday) or $68 $100 per workweek
- $47 $60 per weekend day (Friday after end of regular shift, all day Saturday,
all day Sunday) or $141 $180 per weekend
- $215 $280 per full week
Full-time employees who are assigned to perform standby duty on a holiday shall
receive $30 $50 per holiday. In addition, full-time employees assigned to
perform standby duty will receive:
Section 9.11. Shift Differential.
(a) Full-time employees regularly scheduled to work on a second or third shift
shall receive shift differential of three and one-half percent (3.5%) five
(5%) of the employee’s base hourly rate for each hour worked.
(g) Where for periods of one working day or more due to seasonal or other
changes in operations, the City changes an employee’s start time, the
employee shall receive a shift differential of five percent (5%) for all hours
worked outside of the employee’s normal start time. If the City changes
an employee’s days worked, the employee shall receive a shift differential
of five percent (5%) for all days worked outside of the employee’s normal
work day schedule.
Section 9.12. Uniforms.
The City will provide all uniforms which the City determines are required of
employees in performance of their duties. The City will determine appropriate
uniform items to be worn and will replace required uniform items through
selected vendors due to annual allotment, wear or damage. Effective January 1,
2017 January 1, 2023, each full-time employee, excluding Fleet Services, will
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be allowed a total of $340 $400 per year which must be used in that year. All
new full-time employees will be given a “new employee uniform issue” purchased
by the employee’s supervisor which will be deducted from a “first-year” amount
of $400 $500 $600. Fleet Services employees and permanent part-time
employees will be allowed a total of $240 $300 annually. There will be no
carryover of unused dollars from year to year. Replacement will not be made for
uniform items lost or damaged through employee negligence.
Section 9.13. Safety Shoes. For employees in positions for which the City
requires the wearing of OSHA-compliant safety shoes, the City will provide a
payment each year of the contract, on or about May 1, for the employee’s
purchase of approved OSHA-compliant safety shoes as follows:
Any other departments/divisions: $180 $230
Facilities Management: $250 $300
Public Works, Fleet Services: $300 $350
Employees receiving a shoe allowance will be subject to random safety shoe
inspections. Employees who do not successfully pass a safety shoe inspection
must replace their safety shoes within sixty five (5) calendar days of the failed
inspection or be subject to disciplinary action.
All employees receiving a shoe allowance will be required to show an OSHA
certified tag from the current calendar year as proof by August 1 each year. The
City will recoup the shoe allowance for failure to provide proof of OSHA
certification by August 1.
. . .
Section 9.14. Fitness and Wellness Incentive.
Employees may voluntarily participate in a physical fitness examination
administered by the Evanston Police Department on an annual basis. If the
employee passes the exam and participates in the City’s annual wellness
program, he will be paid a lump sum of $300 $500 as an incentive to maintain
physical fitness. Employees must have participated in the City’s annual wellness
event or supply a doctor’s note stating they are in good condition to participate.
Participation in the annual physical fitness examination will take place during an
employee’s off-duty hours. The fitness incentive will be paid by the second pay
period of March of each year. The fitness incentive will be paid by the end
of the last pay period of the year.
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Section 9.15. Licensure.
The City will pay for employees to maintain and renew any licenses or
certifications which are required for their positions. Employees who are required
to possess commercial driver’s licenses (CDL) for their positions will be
reimbursed the difference in cost between a standard driver’s license and a CDL.
Employees who voluntarily choose to maintain or renew licenses or certifications
which are not required for their positions will not be entitled to payment or
reimbursement.
7. Article X. Group Insurance.
Section 10.6. Disenrollment Incentive.
Employees who elect to drop City medical coverage, because that employee is
covered by another group plan, shall receive an annual payment from the City of
$1,800 $2500 per year.
8. Article XI-Layoff, Recall Severance
Section 11.4 Recall
(a) Before new employees are hired to fill full-time bargaining unit positions,
the City will recall laid off full-time bargaining unit employees who are qualified
to perform the work, or which they may be able to perform with training. A
testing process may be required, which may consist of a written test, practical
exam and/or interview, to determine if an employee is qualified to perform the
work, or may be able to perform the work with training. Recalled employees
must respond within ten (10) working days of receiving notice of the vacancy.
If the employee refuses a recall, the employee will be considered to have
voluntarily terminated employment with the City.
9. Article XII – Discipline
Discipline and discharge shall be for just cause. If a permanent
employee is discharged or given a disciplinary suspension of seven (7)
working days or more, the employee and Union shall be given written
notice of said discharge or suspension. (Moved from Article VI)
Section 12.3. Pre-disciplinary Meeting. Before an employee is discharged or
given a disciplinary suspension of seven (7) working days or more, the City will
schedule a pre-disciplinary meeting, and notify the employee and the union
President and Executive Vice President of the date, time and place of the
meeting. The notice shall include notice of the contemplated discipline and the
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reasons therefore. The employee and the Union representative shall have the
right to rebut or defend the employee’s action, or suggest discipline less than
that contemplated in the notice. At the end of the pre-disciplinary hearing, the
City and the Union shall mutually agree upon a reasonable deadline by which the
disciplinary decision shall be made. This deadline may be extended if agreed to
by the parties. This section does not apply to discharges of probationary
employees.
Section 12.5 Time Limit on Disciplinary Action. Discipline, not resulting
from a vehicle accident, shall be issued no later than thirty-five (35) twenty-
one (21) calendar days from the time of the event or from the time the
Employer became aware of the occurrence giving rise to the discipline. Discipline
resulting from a vehicle accident shall be issued no later than twenty-one (21)
calendar days from the time the Accident Review Board makes its determination.
The employer may extend the timeframe by providing notice to the Union due to
extenuating circumstances.
10. General XIII - General
Section 13.2 Tools. Except for employees in the classifications listed below, the
City shall provide all tools and materials which are required as necessary to
perform any assigned task in a safe manner (including personal protective
equipment for example but not limited to N95 masks, hand sanitizer,
and proper air filtration/ventilation to the extent reasonably possible
in all indoor City spaces). Employees in the following classifications shall
receive an annual tool allowance of $800 for each twelve-month period of the
contract, in recognition of the obligation of these employees to supply their own
tools:
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic III
Lead Mechanic
Auto Service Worker
Tool allowance monies shall be allocated to employees up to the applicable
yearly maximum amount specified in this Section, upon presentation of receipts
evidencing the purchase of approved tools. In the event of fire, major accident
or theft not involving negligence of the employee, the City will replace tools
which are damaged or stolen with tools of comparable quality.
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Section 13.3. Rates of Pay on Temporary Transfer. Where, for periods of
one working day or more, the City assigns a bargaining unit employee to work
temporarily in a higher paying classification within the bargaining unit, the
employee shall be paid three (3) steps ten (10) percent above his current
pay/grade, but not to exceed the maximum salary of the classification to which
he is transferred. When an employee is temporarily transferred to a position
outside of the bargaining unit, the employee will be paid three steps/grades
above current pay or the A step of the temporary position, whichever is greater.
This Section shall not apply in the event the temporary transfer is made for the
purpose of training an employee to become qualified in a different classification,
and there is written agreement of the employee and the Union that the
employee is to work in the higher paying classification without additional pay for
the purpose of training.
Section 13.9. Employee Evaluations. From time to time and particularly at
time of merit reviews, the City will hold informal evaluation conferences between
the employee and his supervisor to discuss work performance, job satisfaction,
work-related problems and the work environment. Generally, employee merit
reviews will be completed by the employee’s merit review date. If work
performance problems are identified, the supervisor shall hold an official
evaluation and offer constructive suggestions and shall attempt to aid the
employee in resolving the problem. It is understood, however, that the
responsibility for satisfactory job performance is the employee’s. If the
conference involves a written evaluation, the employee will be given a copy. The
City will provide a list of all bargaining unit employees and the dates of their
evaluation if requested by the Union.
Section 13.11. Drug and Alcohol Testing. The City’s drug and alcohol testing
policy as exists on the effective date of this Agreement shall be continued in
effect for the employees covered by this Agreement. Any City drug and alcohol
testing policy will be in accordance with relevant federal drug and alcohol testing
guidelines issued by the U.S. Department of Health and Human Services and the
U.S. Department of Transportation. Drug and alcohol testing shall be
required in any instance where an employee is involved in an accident
with a City vehicle resulting in residential property damage, non-City-
owned vehicle damage, and/or an injury.
Section 13.12. Request for Classification Study. Every five (5) years,
The Union may request a survey, audit or such other investigation as may be
deemed necessary to determine the proper allocation of a bargaining unit
position to a class. Upon request of a survey, audit, or such other investigation,
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the City will provide a written status update every 6 months to include where the
study is at and an estimated date of completion. Upon completion of the study,
the City will provide the Union with a report or the results within six (6) months.
Nothing shall preclude the presentation of relevant information by the Union. The
results are subject to negotiation between the Union and the City.
Section 13.14. Shift Changes. Whenever the City makes permanent changes
in full-time employees’ shift assignments, the Union shall be given at least 30
days’ notice (one week for minor changes, and one week for permanent shift
assignment changes for permanent part-time employees) before the effective
date in order that the Union can discuss said rules or changes with the City
before they become effective, if the Union so requests. A copy of the new shift
assignments will be posted or given to the affected employees before said
changes take effect.
11. Article XIV – Termination and Legality Clauses
Section 14.2 Term. This Agreement shall be in effect from January 1, 2019
2023 to December 31, 2022 2026, and year to year thereafter. Not earlier than
September 1, 2022 2026 and not later than October 1, 2022 2026, either the
City or the Union may give written notice to the other party by registered or
certified mail to modify this Agreement for the subsequent term.
12. Remote Work: SEE ATTACHED MOU.
13. Sick Leave Occurrence Policy: SEE ATTACHED REVISED POLICY.
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