Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Exhibit "B"

This Agree­ment shall be in full force and effect from Decem­ber 1, 2005 through Novem­ber 30, 2010 and shall remain in effect from year to year there­after, unless, either par­ty gives notice in writ­ing to the oth­er par­ty six­ty (60) days before the con­tract expires that they desire to ter­mi­nate or mod­i­fy the Agreement.

IN WITNESS WHEREOF, the High­way Depart­ment has caused this instru­ment to be exe­cut­ed, and Union has caused this instru­ment to be exe­cut­ed by its duly autho­rized offi­cers, the day and year above written.

 

UNION COUNTY HIGHWAY DEPARTMENT:     OPERATING ENGINEERS:

Com­mis­sion­er                                               Busi­ness Manager

Com­mis­sion­er                                               President

Dat­ed           Jan­u­ary 3, 2006

Com­mis­sion­er

Coun­ty­Clerk

Coun­ty Clerk                                                 Chief Negotiator

(Seal)                                                        Illi­no­is­FOP Labor Council

 

A shoe and cloth­ing allowance of up to One Hun­dred Fifty Dol­lars ($150.00) per employ­ee shall be allowed each year of this Agreement.

Dur­ing the term of this Agree­ment employ­ees shall not cease work, slow down, or engage in any strike or oth­er con­cert­ed inter­rup­tions or inter­fer­ence with the work or busi­ness of the employ­er, and the employ­er shall not lock out any employee/s cov­ered here­un­der dur­ing the term of said Agreement.

Any pro­vi­sions con­tained here­in that are con­trary to or held to be in vio­la­tion of any Fed­er­al, State, or Munic­i­pal law now in force, or here­inafter enact­ed, shall be void and of no force and effect and the oth­er pro­vi­sions of this Agree­ment shall remain in full force and effect. Any arti­cle in this Agree­ment that is void by law shall become imme­di­ate­ly negotiable.

The Union Coun­ty High­way Depart­ment agrees that one (1) day sick leave shall be allowed for each month of employ­ment to a max­i­mum of two hun­dred forty (240) days can be accu­mu­lat­ed by an employ­ee to be used at time of retire­ment for ser­vice cred­it.  All hours accrued are sub­ject to cur­rent guide­lines estab­lished and main­tained by the Illi­nois Munic­i­pal Retire­ment Fund.  This should and must be rolled over to retirement.

(1) All reg­u­lar employ­ees shall receive eight (8) hours pay at their reg­u­lar rate for the fol­low­ing hol­i­days with­out work­ing such days:

  • New Year’s Day
  • Thanks­giv­ing Day
  • Mar­tin Luther Kind Day
  • Day after Thanksgiving
  • Memo­r­i­al Day
  • Lincoln’s Birth­day
  • July 4th
  • Washington’s Birth­day
  • Labor Day
  • Good Fri­day
  • Veteran’s Day
  • Colum­bus Day
  • Christ­mas Day
  • Elec­tion Day (even years)
  • Employee’s Birth­day

plus any oth­er hol­i­day grant­ed cour­t­house employ­ees and one (1) per­son­al day.

(2) All work per­formed on hol­i­days under the terms of this Agree­ment shall be paid for at dou­ble the reg­u­lar rate in addi­tion to the hol­i­day pay grant­ed above.

(3) All reg­u­lar employ­ees shall have worked his sched­uled work­day before and his sched­uled work­day after the hol­i­day unless at the Depart­ments dis­cre­tion the employ­ee is excused from the day’s work by his super­vi­sor.  Employ­ees on tem­po­rary lay-off shall be enti­tled to hol­i­day pay for Christ­mas Day, New Year’s Day, Memo­r­i­al Day, Fourth of July, Labor Day, Veteran’s Day, Thanks­giv­ing Day, after being called back to work, and employ­ees off sick dur­ing any hol­i­day shall be enti­tled to hol­i­day pay by fur­nish­ing proof from the doc­tor of illness.

(4)     It is agreed that all employ­ees who have been in the employ of the Coun­ty High­way Depart­ment for a peri­od of one (1) year shall receive one (1) week vaca­tion with pay on the basis of a forty (40) hour week at the reg­u­lar rate of pay and after two (2) years of ser­vice, each employ­ee shall receive two (2) 
weeks
 vaca­tion with pay on the basis of a forty (40) hour week, and after nine (9) years ser­vice each employ­ee shall receive three (3) weeks vaca­tion with pay on the basis of a forty (40) hour week and after fif­teen (15) years of ser­vice each employ­ee shall receive four (4) weeks vaca­tion with pay on the basis of a forty (40) hour week.  If an employ­ee quits or is dis­charged he shall receive vaca­tion pay based on time worked dur­ing the year.  No employ­ee will lose vaca­tion because of illness.

(5)  All accrued vaca­tion time will be used by employ­ees as soon as pos­si­ble, and in no event lat­er than one (1) year after their next anniver­sary date, and there­after, no employ­ee shall accu­mu­late vaca­tion leave in excess of that which was earned the pre­vi­ous year by Decem­ber 31.

(6) Years of ser­vice are deter­mined since the employ­ee was hired by the Depart­ment, not since he joined theUnion.

The Depart­ment shall grant three (3) days funer­al leave with pay for the imme­di­ate fam­i­ly, which shall include: Father , Moth­er, Wife, Daugh­ter, Son, Broth­er, Sister.

Three (3) day funer­al leave with pay shall be allowed for:

Broth­­­er-in-Law, Sis­ter-in-Law, Father-in-Law, Moth­­­er-in-Law, Son-in-Law, Daugh­­­ter-in-law, Grand­par­ents, Grand­child, Step-Children.

It is agreed that the Coun­ty shall make avail­able a Hos­pi­tal­iza­tion Plan.  All employ­ees will be cov­ered under a Sin­gle Plan.  All shall be based on a forty (40) hour week and no deduc­tions will be made from the employ­ee for over­time hours or vaca­tion pay and reduc­tion in insur­ance rate will be shared on a 50/50 basis.  It should be bet­ter or equal cov­er­age includ­ing eye and dental.

When new jobs or vacan­cies occur, the old­est in ser­vice qual­i­fied employ­ee shall be con­sid­ered for said posi­tion, qual­i­fi­ca­tions shall be con­sid­ered by the Depart­ment and the­Union.  If the old­est employ­ee in senior­i­ty can­not hold down said posi­tion, he shall be returned to his for­mer posi­tion; with­in the bar­gain­ing unit.  In the event of a reduc­tion in force, the last man hired shall be the first man laid off.

Con­tract Years

12/1/2005 through 12/31/2010

(1) The Depart­ment agrees to pay Oper­at­ing Engi­neers the fol­low­ing rates of wages:

1st Year         12/1/05                                                        11/30/06

.50 increase                     GROUP 1               $17.00

.50 increase                     GROUP 2               $16.30

 

2nd Year        12/1/06                                                        11/30/07

.55 increase                     GROUP 1               $17.55

.55 increase                     GROUP 2               $16.85

 

3rd Year        12/1/07                                                        11/30/08

.60 increase                     GROUP 1               $18.15

.60 increase                     GROUP 2               $17.45

 

4th Year        12/1/08                                                        11/30/09

.65 increase                     GROUP 1               $18.80

.65 increase                     GROUP 2               $18.10

 

5th Year        12/1/09                                                        11/30/10

.70 increase                     GROUP 1               $19.50

.70 increase                     GROUP 2               $18.80

 

(1) Per­son­nel in Groups 1 and 2 shall be deter­mined by the Coun­ty Super­in­ten­dent of High­ways and the Busi­ness Rep­re­sen­ta­tive for pay purposes.

(2) It is agreed that the Coun­ty Super­in­ten­dent of High­ways may des­ig­nat­ed a “HEAD MECHANIC” whose pay shall be Twen­­­ty-Five Cents ($0.25) per hour above Group 1 pay.  The­Coun­ty­Su­per­in­ten­dent of High­ways shall have the sole dis­cre­tion as to when this Arti­cle is allowable.

(3) The terms Oper­at­ing Engi­neer as here­in defined shall include the fol­low­ing employ­ees of the Depart­ment: Shov­el, Dragline, Clamshell, Mix­er Oper­a­tors, Black­smiths, Fire­men, Oil­ers, Plant Oper­a­tors, End loader and High­lift Oper­a­tors, Doz­ers, Der­ricks, Pug mills, Motor Patrol, Mechan­ic and Repair­men, and any or all oth­ers employed by the Union Coun­ty High­way Depart­ment, exclu­sive of cler­i­cal and super­vi­so­ry per­son­nel as defined by the Illi­nois Pub­lic Labor Rela­tions Act of 1986 (amend­ed).

(4) The Coun­ty High­way Depart­ment agrees to pay the wages as shown on Fri­day fol­low­ing the end of the biweek­ly pay peri­od, except where cir­cum­stances caused by ill­ness or vaca­tion by cler­i­cal employ­ees pre­vent such.  Pay shall be avail­able for all employ­ees with­in one (1) hour of, and pri­or to, the estab­lished quit­ting time.

The Busi­ness Rep­re­sen­ta­tive and all oth­er agents or employ­ees of the Union shall be allowed to vis­it the shops or job sites of the High­way Depart­ment at rea­son­able busi­ness hours, pro­vid­ed, such vis­it shall have ref­er­ence only to a mat­ter com­ing with­in the terms of this Agree­ment.  The Union agrees to keep the Coun­ty High­way Depart­ment informed of duly accred­it­ed Union Representatives.

In the event any dis­pute shall arise between the Oper­at­ing Engi­neers and the High­way Depart­ment and such dis­pute can­not be adjust­ed between such employ­ee and the Depart­ment, then and in such event, the dis­pute shall be report­ed to the Busi­ness Rep­re­sen­ta­tive, who shall attempt to adjust the dis­pute with the Depart­ment Super­in­ten­dent or its duly autho­rized rep­re­sen­ta­tive and if such dis­pute can­not then be set­tled, the mat­ter shall be referred to an arbi­tra­tor by the last two men­tioned rep­re­sen­ta­tives, select­ing a third arbi­tra­tor from a pan­el sub­mit­ted by the Fed­er­al Medi­a­tion and Con­cil­i­a­tion Ser­vice.  The deci­sion of this arbi­tra­tor shall be final and bind­ing on both par­ties and the expens­es of this third arbi­tra­tor shall be borne equal­ly by both par­ties.  In ren­der­ing his deci­sion, the arbi­tra­tor shall not have the author­i­ty to add to, sub­tract from, mod­i­fy, or amend any pro­vi­sion of this Agreement.

Tem­po­rary employee/s may be used by the Com­pa­ny under the terms of this Agree­ment, how­ev­er, no tem­po­rary employee/s shall be allowed to work when those employee/s con­sid­ered per­ma­nent are off work through no fault of their own.  An Employee/s shall be con­sid­ered tem­po­rary for a peri­od not to exceed one hun­dred eighty (180) cal­en­dar days from the day of hire and shall be com­pen­sat­ed at One Dol­lar ($1.00) per hour less than Group II employee/s.  No tem­po­rary employee/s shall accu­mu­late senior­i­ty under the terms of this Agree­ment, nor be enti­tled to oth­er pro­vi­sions afford­ed per­ma­nent employee/s, how­ev­er, should the Depart­ment allow tem­po­rary employee/s the oppor­tu­ni­ty to fill a vacan­cy cre­at­ed in a per­ma­nent posi­tion, that date shall be used to deter­mine the employee’s date of hire, and there­after, the employee/s shall be enti­tled to all pro­vi­sions of the Agree­ment.  Tem­po­rary employ­ees shall receive Hol­i­day pay for cov­ered hol­i­days dur­ing their work sea­son.  Tem­po­rary employ­ees shall pay the sum of Eight Dol­lars ($8.00) per week work­ing dues to I.U.O.E. Local 318,3310 Water Tow­er Rd., Mar­i­on, Illi­nois 62959 dur­ing their work season.

NON-BARGAINING UNIT WORKERS

Dur­ing the term of this Agree­ment, the employ­er will not allow NON-BARGAINING WORKERS to dri­ve and/or run any motor­ized equip­ment over thir­ty (30) horse­pow­er.  Ceme­tery crew will be allowed to dri­ve a pick-up truck to job site.

  1. There shall be a max­i­mum of eight (8) hours dur­ing any one (1) day and forty (40) hours in one (1) week at reg­u­lar rate of pay.  All time worked over eight (8) hours dur­ing one (1) day and forty (40) hours in one (1) week shall be paid at the rate of time and one-half the reg­u­lar rate.  All time worked on Sat­ur­day shall be paid at time and one-half the reg­u­lar rate.  All time worked on Sun­day and rec­og­nized hol­i­days shall be paid for at dou­ble the reg­u­lar rate.  Mon­day will be the first day of the work week for com­put­ing time.
  2. The Depart­ment shall noti­fy the employ­ee one (1) hour pri­or to start­ing time when there is no work.  If no attempt is made by the Depart­ment to pre­vent the employ­ee from report­ing to work, the employ­ee shall receive two (2) hours pay for report­ing at the reg­u­lar rate.  If an Employ­ee starts to work, he shall receive four (4) hours pay and should work con­tin­ue past four (4) hours he shall receive eight (8) hours pay at the reg­u­lar rate.  The Depart­ment may hold the employee/s no more than one (1) hour on report­ing time.  All employ­ees are respon­si­ble for fur­nish­ing to the Depart­ment tele­phone num­bers or oth­er names by which to con­tact them regard­ing show-up time.
  3. No boss, fore­man, or tem­po­rary employee/s shall do the work of any employee/s laid off, and should he do the work of any employee/s, the employee/s so dis­placed shall receive pay for same.  If an employee/s is dis­charged by the Depart­ment and it is estab­lished that he was wrong­ful­ly treat­ed, the Depart­ment shall rein­state said employee/s with com­pen­sa­tion for all lost time (based on oper­a­tion).  The Depart­ment also agrees to noti­fy the Union with­in forty-eight (48) hours when an employee/s is dis­charged and give the rea­son why.
  4. Clean and fresh drink­ing water shall be fur­nished by the Depart­ment no lat­er than one (1) hour after start­ing time.  Ice shall be fur­nished when weath­er war­rants it.
  5. Rea­son­able heat and pro­tec­tion from the ele­ments shall be fur­nished on all equip­ment and to all employee/s of the Department.
  6. When required to fur­nish his own tools, a mechan­ic shall be fur­nished a safe place to keep these tools and the Depart­ment agrees to be respon­si­ble to replace stolen and bro­ken tools.
  7. The Coun­ty High­way Depart­ment and Union agree that: The I.M.R.F. plan in effect at present will con­tin­ue in full force and effect.  Workman’s com­pen­sa­tion will be paid in accor­dance with State Laws gov­ern­ing such.  Con­tri­bu­tions to the Illi­nois Unem­ploy­ment Insur­ance to pro­tect against the haz­ards of unem­ploy­ment through no fault of the employee/s shall be continued.
  8. In the event the Coun­ty High­way Depart­ment shall request the Union to assist in obtain­ing qual­i­fied employee/s, the Union shall use its best effort to secure the num­ber of employee/s requested.
  9. In the event any Oper­at­ing Engi­neer employed by the Coun­ty High­way Depart­ment becomes sick or inca­pable of per­form­ing the ser­vices required and as a result there­of is absent from the employ of the High­way Depart­ment, the Depart­ment agrees such employee/s will be rein­stat­ed as soon as he is able to resume work in a man­ner that is sat­is­fac­to­ry to the Department.

Sec­tion 1.  The Employ­er shall have the right to employ per­sons to work the clas­si­fi­ca­tions of work named in this Agree­ment with the under­stand­ing that such mem­bers and present employ­ees, who are not mem­bers, must become mem­bers of the Local Union not lat­er than thir­­­ty-one (31) days after the date of their employment.

Sec­tion 2.  If an employ­ee refrains from join­ing the­Union the Employ­ee will be required to pay a fee which shall be their pro­por­tion­ate share of the costs of the col­lec­tive bar­gain­ing process, con­tract admin­is­tra­tion, and the cost of pur­su­ing mat­ters effect­ing wages, hours, and oth­er con­di­tions of employ­ment.  In no event shall the employee’s fees exceed the amount of dues uni­form­ly required of members.

Sec­tion 3.  Pro­vid­ing fur­ther, that if the employee’s rea­son for not join­ing the Union is based on bona fide reli­gious ten­ants or teach­ings of a church or reli­gious body of which the employ­ee is a mem­ber, the employ­ee will be required to pay their pro­por­tion­ate share to a non-reli­­­gious char­i­ta­ble orga­ni­za­tion agreed upon by the Employ­ee and the­Union.  If an agree­ment is not reached on which appro­pri­ate char­i­ta­ble orga­ni­za­tion, the choice of the char­i­ty to which such pay­ments shall be made will be from the approved list of char­i­ta­ble orga­ni­za­tions estab­lished by the Illi­nois State Labor Board.

Sec­tion 4.  Dues Check Off – Admin­is­tra­tive Dues.  Upon receipt of an employee’s writ­ten autho­riza­tion which shall be irrev­o­ca­ble for not more than one (1) year, or the ter­mi­na­tion of this Agree­ment, whichev­er occurs soon­er, the employ­er shall deduct from each employee’s wages the sum of Five Cents ($0.05) per hour worked for admin­is­tra­tive dues and the employ­er shall remit the amount so deduct­ed month­ly togeth­er with a list show­ing the names of the employ­ees from whose pay the deduc­tions were made and the amount deduct­ed to: I.U.O.E. Local #318 3310 Water Tow­er Road, Mar­i­on, IL 62959, no lat­er than the fif­teenth (15th) day of the month fol­low­ing the last pay­roll peri­od of the month in which deduc­tions were made.  Such writ­ten autho­riza­tion may be revoked on a revo­ca­ble date by the employ­ee giv­ing writ­ten notice by reg­is­tered mail to the employ­er and the Union not less than thir­ty (30) days pri­or to the date set for revok­ing such autho­riza­tion.  In the event no revo­ca­tion is received, the autho­riza­tion shall be con­tin­ued in affect for anoth­er year or until the end of the col­lect­ed bar­gain­ing agreement.

Sec­tion 5.  Union Dues.  While this Agree­ment is in effect, the Employ­er will deduct from each employee’s pay­check once each pay peri­od the uni­form reg­u­lar month­ly Union dues and ini­ti­a­tion fee, if any, for each employ­ee in the bar­gain­ing unit who has filed with the employ­er a vol­un­tary check off autho­riza­tion form.  Check off autho­riza­tion forms shall be sup­plied by the Union.  Upon receipt of an employee’s writ­ten autho­riza­tion, which shall be irrev­o­ca­ble for not more than one (1) year, the Employ­er shall deduct from each employee’s wages the sum of Thir­ty Dol­lars Fifty Cents ($30.50) per month for Union dues (amount sub­ject to change per union noti­fi­ca­tion).  The Employ­er shall remit the amount so deduct­ed, month­ly, togeth­er with 
a list show­ing the names of the employ­ees from whose pay the deduc­tions were made and the amount deduct­ed to: I.U.O.E. Local #318, 3310 Water Tow­er Road, Mar­i­on, IL 62959 no lat­er than the fif­teenth (15th) of the month fol­low­ing the last pay­roll peri­od of the month in which the deduc­tions were made.  Such writ­ten autho­riza­tion may be revoked on a revo­ca­ble date by the employ­ee giv­ing writ­ten notice by reg­is­tered mail to the Employ­er and the Union not less than thir­ty (30) days pri­or to the date set for revok­ing such autho­riza­tion.  In the event no revo­ca­tion is received, the autho­riza­tion shall con­tin­ue in effect for anoth­er year or until the end of the bar­gain­ing agreement.

The Coun­ty High­way Depart­ment will not be respon­si­ble for pay­ment of Union Dues dur­ing the lay­off peri­od.  The Employ­ees will be respon­si­ble for mail­ing in Union Dues at that time.

This is a pay­roll deduc­tion for each employ­ee; there is no cost to the High­way Department.

It is under­stood that the man­age­ment of the Employer’s prop­er­ty and the direc­tion of its work­ing forces, includ­ing the right to hire, sus­pend, dis­ci­pline, and dis­charge employ­ees for prop­er cause, and the right to trans­fer employ­ees, shall be vest­ed exclu­sive­ly with the Employ­er.  Man­age­ment shall have the right to receive employ­ees from active duty for lack of work or for oth­er legit­i­mate rea­sons, how­ev­er, that no action may be tak­en pur­suant to this Arti­cle, which is incon­sis­tent with any oth­er pro­vi­sions of this Agree­ment or for the pur­pos­es of dis­crim­i­nat­ing against any employee.

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

UNION COUNTY HIGHWAY DEPARTMENT

AND

OPERATING ENGINEERS LOCAL 318

DURATION 

Decem­ber 1, 2005 – Novem­ber 30, 2010

AGREEMENT

This Agree­ment made and entered into this first day of Decem­ber, 2005, by and between Union Coun­ty High­way Depart­ment, par­ty of the first part, (here­inafter referred to as the Depart­ment) and Inter­na­tion­al Union of Oper­at­ing Engi­neers, Local 318, Mar­i­on, Illi­nois, par­ty of the sec­ond part (here­inafter referred to as the Union).

WITNESSETH

The Union has rep­re­sent­ed and war­rant­ed that it has juris­dic­tion over the Oper­at­ing Engi­neers employed by the Coun­ty of Union, in the State of Illi­nois, locat­ed in Local 318’s ter­ri­to­r­i­al juris­dic­tion, and that it is autho­rized to rep­re­sent all of the Oper­at­ing Engi­neers so employed by the Depart­ment in said Coun­ty, and that it is the duly autho­rized agency to enter into any and all col­lec­tive bar­gain­ing agree­ments for and on behalf of all Oper­at­ing Engi­neers employed by the Coun­ty High­way Department.

NOW THEREFORE, for and in con­sid­er­a­tion of the promis­es the par­ties here­to agree as follows: