TABLE OF CONTENTS

ARTICLE 1 - RECOGNITION AND INTEGRITY OF BARGAININGUNITS ...... 1Section 1.1 Recognition .................................. 1Section 1.2 Unit Work; All Unions Bound .................. 2Section 1.3 Abolishment of Job Classification .......... 3Section 1.4 New Classifications or Successor Titles .... 3Section 1.5 Assignment of New Work to Bargaining Unit .... 4Section 1.6 Jurisdictional Disputes ........... 4Section 1.7 Labor-Management Committee Meetings ......... 6

ARTICLE 2 - UNION RIGHTS ........... 6Section 2.1 Right of Access ............................. 6Section 2.2 Union Stewards .............................. 6Section 2.3 Employees ................................... 7Section 2.4 Union Business and Activities ............... 7Section 2.5 Union Leave of Absence ...................... 7Section 2.6 Personnel Transactions ...................... 8Section 2.7 Bulletin Boards ............................. 11Section 2.8 Backpay Awards .............................. 11

ARTICLE 3 - RULES OF CONDUCT CHANGES ....... 11

ARTICLE 4 - DISCIPLINE AND GRIEVANCE/ARBITRATION..12Section 4.1 Disciplinary Action ......................... 12Section 4.2 Procedure For Department Review ofDisciplinary Action Including Suspension ................. 14Section 4.3 Conduct of Disciplinary Investigations ...... 15Section 4.4 Grievance and Arbitration ................... 18

ARTICLE 5 - NON-DISCRIMINATION ........... 23Section 5.1 Equal Employment Opportunities .............. 23Section 5.2 No Discrimination ........................... 23Section 5.3 Grievances .................................. 23Section 5.4 Reasonable Accommodation .................... 23

ARTICLE 6 - HOLIDAYS ........ 24Section 6.1 Holidays Hourly/Salary.............. 24Section 6.2 Payment for Holiday ............ 25Section 6.3 Determining Work Days as Holidays ........... 25Section 6.4 Failure to Report to Work on Scheduled Holiday ..25Section 6.5 Holiday Observance .......................... 25Section 6.6 Use of Compensatory Time ................ 26

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ARTICLE 7 - LEAVES ............................................ 26Section 7.1 Leaves with Pay ............................. 26Section 7.1.1 Bereavement Pay ............................ 26Section 7.1.2 Military Leave ............................ 27Section 7.1.3 Jury Duty Leave/Subpoena .................. 27Section 7.1.4 Sick Leave ................................ 27Section 7.2 Leaves Without Pay .......................... 28Section 7.2.1 Personal Leave ............................ 28Section 7.2.2 Medical Leave ............................. 29Section 7.2.3 Duty Disability Leaves .................... 30Section 7.2.4 Return from Leaves ........................ 30Section 7.2.5 Education Leave ........................... 31

ARTICLE 8 - RECORDS AND FORMS ................... 31Section 8.1 Attendance Records .......................... 31Section 8.2 Personnel Files ............................. 31Section 8.3 Contents .................................... 32Section 8.4 Employee Notification ....................... 32Section 8.5 Undated Forms ............................... 32Section 8.6 Incomplete Forms ............................ 32Section 8.7 Telephone Numbers ........................... 32

ARTICLE 9 - HOURS OF WORK AND OVERTIME .... 33Section 9.1 Purpose ..................................... 33Section 9.2 Definition of The Work Week ................. 33Section 9.2.1 Non-Salaried Employees .................... 33Section 9.2.2 Salaried Employees ........................ 33Section 9.2.3 Refuse Collectors ......................... 33Section 9.3 Starting Times .............................. 33Section 9.3.1 Shift Schedules ........................... 33Section 9.3.2 Change of Shift Schedule .................. 34Section 9.3.3 Permanent Changes in Shift Schedule ....... 35Section 9.4 Call in Guarantee ........................... 35Section 9.4.1 Outside Regular Working Hours ............. 35Section 9.4.2 Contiguous to Regular Working Hours ....... 35Section 9.5 Reporting Pay ............................... 36Section 9.6 Notice of and Distribution of Overtime ...... 36Section 9.7 Payment of Overtime ......................... 37Section 9.7.1 Payment ................................... 37Section 9.7.2 Compensatory Time ......................... 37Section 9.8 Medical Attention ........................... 37Section 9.9 Standby ..................................... 38Section 9.10 Deferred Compensation ...................... 38Section 9.11 Meals Scheduling ........................... 38

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Section 9.12 Degree Days ................................ 38Section 9.13 Emergency Call Pay ......................... 39

ARTICLE 10 - VACATIONS ........................................ 39Section 10.1 Vacation Eligibility ....................... 39Section 10.2 Pro Rata Vacations ......................... 39Section 10.3 Forfeit of Vacation ........................ 40Section 10.4 Termination ................................ 40Section 10.5 Rate ....................................... 40Section 10.6 Picks ...................................... 40Section 10.7 Prior Service .............................. 41Section 10.8 Non-Consecutive Vacation Days ..... 42

ARTICLE 11 - CONTINUOUS SERVICE ................. 42Section 11.1 Definition ................................. 42Section 11.2 Interruption in Service .................... 43Section 11.3 Reciprocity ................................ 43Section 11.4 Break in Service ........................... 43Section 11.5 Probationary Employment .................... 44Section 11.6 Seasonal Employment ........................ 44Section 11.7 Hand Laborers .............................. 47Section 11.7.1 Promotion to Sanitation Laborers ......... 48Section 11.7.2 Promotion - 1 Man Truck Premium Pay .... 48

ARTICLE 12 - GROUP HEALTH, VISION CARE, DENTAL, LIFE ANDACCIDENT BENEFITS ............................ 49Section 12.1 Employee Contributions ................. 49Section 12.2 Joint Labor Management CooperationCommittee on Health Care ................................. 51Section 12.3 LMCC Structure.......................... 51Section 12.4 Definitions......................... 51

ARTICLE 13 - LAYOFF AND RECALL ................................ 52Section 13.1 Reasons for Layoff ......................... 52Section 13.2 Notice of Layoff or Reduction in Force ..... 52Section 13.3 Layoff Procedure ................................ 52Section 13.4 Bumping .................................... 53Section 13.5 Recall ..................................... 54Section 13.6 Hiring During Layoffs .......... 55Section 13.7 Lottery ............... 55

ARTICLE 14 - NO STRIKES - NO LOCKOUTS ...... 56Section 14.1 No Strike ................................. 56Section 14.2 Preventive Efforts ........................ 56

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Section 14.3 Discipline ................................ 56Section 14.4 No Lockout ................................ 56

ARTICLE 15 - FILLING OF PERMANENT VACANCIES ... 56Section 15.1 Definition of Vacancy ..................... 56Section 15.2 Filling of Permanent Vacancies ................. 57Section 15.3 Acting in a Higher-Rated Job .............. 60Section 15.4 Acting in a Lower-Rated Job ............... 61Section 15.5 Detailing ................................. 61Section 15.6 Balancing the Workforce and ReassignmentProcedure ................... 62

ARTICLE 16 - TOOLS AND EQUIPMENT ........ 63

ARTICLE 17 - HEALTH AND SAFETY ............. 63Section 17.1 Safety ................... 63Section 17.2 Safety Committee .................... 64

ARTICLE 18 - WORKLOADS .......... 65Section 18.1 SWLMC ..................................... 65Section 18.2 Procedures ................................ 65Section 18.3 Review of Standards ....................... 65Section 18.4 Data Requests ............................. 66Section 18.5 Advance Notice ............................ 66Section 18.6 Expedited Grievances ...................... 66Section 18.7 Expedited Arbitration ..................... 66Section 18.8 Expedited Procedure ....................... 67

ARTICLE 19 - CAREER ADVANCEMENT ............... 67Section 19.1 Promotions Out of the Bargaining Unit ..... 67Section 19.2 Training ................ 67

ARTICLE 20 - SUB-CONTRACTING ................. 68Section 20.1 Subcommittee .............................. 68Section 20.2 Prevailing Rate Jobs ...................... 69Section 20.3 Non-Prevailing Rate Jobs .................. 70Section 20.4 Layoff of Employees ....................... 70

ARTICLE 21 - TECHNOLOGICAL CHANGE ....... 71Section 21.1 Definitions ............................... 71Section 21.2 Notification of Union ..................... 71Section 21.3 Meeting with Union ........................ 71Section 21.4 Non-Prevailing Rate Jobs .................. 72Section 21.5 Union Jurisdiction ........................ 72

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ARTICLE 22 - SEPARABILITY .................................... 72

ARTICLE 23 - DUES CHECK-OFF AND FAIR SHARE FEE ... 73Section 23.1 Check-Off ................................. 73Section 23.2 Fair Share ................................ 73Section 23.3 IPLRA ..................................... 73Section 23.4 Maintenance of Membership ........ 74

ARTICLE 24 - WAGES .......... 74Section 24.1 Rates ..................................... 74Section 24.2 Prevailing Wage Rates ..................... 74Section 24.3 Prevailing Rate Adjustments ............... 74Section 24.4 Non-Prevailing Wage Rates GoverningFirst Five-Years of this Agreement(07/01/2007 to 06/30/2012) ......................................... 74Section 24.5 Non-Prevailing Wage Rates GoverningSecond Five-Year Term (07/01/2012 to 06/30/2017) ........ 75Section 24.6 Retroactivity ............................. 76Section 24.7 Sanitation Laborers ....................... 76Section 24.8 Automobile Reimbursement .................. 76Section 24.9 Payment of Wages .......................... 77

ARTICLE 25 - DRUG TESTING .................................... 78Section 25.1 Policy Statement .......................... 78Section 25.2 Definitions ............................... 78Section 25.3 Disciplinary Action ....................... 79Section 25.4 Drug and Alcohol Testing .................. 80Section 25.5 Employee Assistance Program ............... 81

ARTICLE 26 INVESTIGATIONS ANDPERSONNEL MATTERS ..................... 81Section 26.1 Polygraph .......... 81

ARTICLE 27 - MANAGEMENT RIGHTS ............................... 81Section 27.1 Management Rights ......................... 81

ARTICLE 28 - JOINT APPRENTICESHIP AND TRAININGPROGRAM INITIATIVE .................. 82Section 28.1 Participants ..................... 82Section 28.2 Commitments.................... 82

ARTICLE 29 - RATIFICATION AND TERMINATION .......... 83

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ARTICLE 30 - TERM OF AGREEMENT ............................... 84

APPENDIX A (Job Classifications under Agreement) ........ 87

APPENDIX B (Prevailing Wage Rates) ......................... 90

APPENDIX C (Union Wage Rates) ....................... 92

APPENDIX D (Schedule V/U - July 1, 2007) .............. 94

APPENDIX E (Schedule V/U - January 1, 2008) ........ 95

APPENDIX F (Schedule V/U - January 1, 2009) ....... 96

APPENDIX G (Schedule V/U - January 1, 2010) ...... 97

APPENDIX H (Schedule V/U - January 1, 2011) ...... 98

APPENDIX I (Schedule V/U - January 1, 2012) ...... 99

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A G R E E M E N T

PREAMBLEThis Agreement is entered into by and between the City of

Chicago, an Illinois Municipal Corporation, herein referred to as the"Employer" or "The City", and the following local Unions, Cement Work-ers Local 76, County, Municipal Employees, Supervisor's and Fore-men's Local 1001, and Water Pipe Extension, Bureau of EngineeringLaborers Local 1092, herein referred to as the "Unions" or the "Locals".

It is the purpose of this Agreement to achieve and maintain har-monious relations between the Employer and the Unions, establish eq-uitable and peaceful procedures for the resolution of differences andestablish wages, hours, and other terms and conditions of employment.If there is any difference between the terms of the local Agreement andthe Master Agreement between the Employer and the Coalition datedAugust 2, 2007, (hereinafter referred to as the "Master Agreement"),then the terms of this Agreement shall take precedence over any termsin the Coalition agreement.

The Employer and the Unions encourage the highest possibledegree of practical, friendly, cooperative relations between their respec-tive representatives at all levels. The officials of the Employer and theUnions realize that this goal depends primarily on cooperative attitudesbetween people in their respective organizations and at all levels of re-sponsibility, and that proper attitudes must be based on full understand-ing of and regard for respective rights and responsibilities of both theEmployer and the Unions.

ARTICLE 1RECOGNITION AND INTEGRITY OF BARGAINING UNITS

Section 1.1 RecognitionThe Employer recognizes the Unions as the sole and exclusive

bargaining representatives for all employees in their respective bargain-ing units with respect to wages, hours and all terms and conditions ofemployment.

This Agreement covers all classifications and employees in thebargaining units as established by the Agreement of the parties datedMarch 6, 1984, enacted as an Ordinance of the City Council of the Cityof Chicago, dated May 30, 1984 consisting of the classifications listed inSchedule 1 of said Agreement and the classifications referred to in allside letter agreements concerning said bargaining units which shall beadded to and made part of this Agreement. Said classifications are setforth in Appendix A.

The Employer recognizes the integrity of the bargaining units.

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With reference to the bargaining units described in Schedule 1 and re-ferred to throughout this Agreement, it is further understood and agreedthat the historical bargaining units set forth opposite each Union's re-spective name in Schedule 1 are descriptive and those units shall notbe undermined, affected or modified by any unilateral Employer actionincluding any changes or future changes in job titles or classificationsas further described in Appendix A, unless otherwise provided in thisAgreement. The Employer will not assign bargaining unit work includingall work currently being done by members of the bargaining units, to thejurisdiction of another bargaining unit (Local, Coalition or City) withoutthe mutual, written agreement of the Unions involved except as pro-vided in Section 1.2.

Section 1.2 Unit Work; All Unions BoundAny work which has been traditionally performed by employees

who are represented by the Union shall continue to be performed bysaid employees, except where non-unit employees have prior to Febru-ary 13, 1986 performed unit work, or in emergencies, to train or instructemployees, to do layout, demonstration, experimental or testing duties,to do troubleshooting or where special knowledge is required, providedhowever, where employees do not report to work because of vacation,or other absences or tardiness, or for personal reasons during thecourse of the day, or because all of the employees are or will be occu-pied with assigned duties, or to complete a rush assignment, employ-ees of any other unit represented by another local union shall notperform the work of said employees. For example, if a laborer is on va-cation, a truck driver shall not be assigned as a replacement laborer.

No supervisor or member of management may perform bar-gaining unit work, including on overtime, except as permitted by thecurrent practice of the parties as set forth in Section 1.2 above.

The Employer shall not arbitrarily extend the period of anyemergency beyond the need for that emergency. This Section shallapply to any union which represents a unit of the Employer's employ-ees. Any assignments under this Section shall be temporary in natureexcept as provided in Section 1.2.

Notwithstanding the foregoing, it is understood that it shall notbe a violation of this Agreement if the following functions are performedby members of management, regardless of whether they are also per-formed by the bargaining unit: (a) crew assignment and scheduling; (b)work inspection; (c) discipline; (d) ordering of equipment and materialsfrom vendors. Nothing herein shall deprive members of the bargainingunit of the right to perform historical and traditional unit work; nor shallthe City lay-off a bargaining unit employee for the purpose of replacingthat person with a member of management.

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Section 1.3 Abolishment of Job ClassificationIf the Employer intends to abolish an existing job classification

within a department or bargaining unit, the Employer shall notify theUnion(s) affected as soon as it is known and, upon request, meet anddiscuss the Employer's intention. The Employer shall advise theUnion(s) of its reasons and how, if at all, the work presently being per-formed by members of the unit will be performed in the future. Abolish-ment shall be defined as the layoff of all present members of theclassification in a department or bargaining unit, including but not lim-ited to instances where the City retains the title for possible future use.Any Employee for whom there is no more work as a result of such abol-ishment shall be treated as an employee who has lost his/her job as aresult of technological changes in accordance with Section 21.4 of thisAgreement.

Section 1.4 New Classifications or Successor TitlesA. The Employer shall promptly notify the appropriate Union(s)

within 45 days of its desire to establish a new classification or a succes-sor title to any present classification, including a new or successor titleto cover duties being performed by a member of the bargaining unit. Notitle which is already in use in another bargaining unit in the City shallbe used as a successor title. Where the successor titles are used toclarify employee duties within bargaining units or where there are nochanges in duties or where the new classification or successor title in-volves "de minimis" changes in or additions to present duties, such newclassification or successor title shall automatically become a part of thisbargaining unit and shall be covered under this agreement. Further, thewage rate for such new classification or successor title shall be thewage rate of the predecessor classification.

B. If the proposed new classification is a classification withinthe unit and involves new, different or substantial changes in duties (in-cluding additions and/or deletions) from existing job classifications inthe unit, the Employer shall meet with the appropriate Union(s) to dis-cuss the new classification and the rate of pay assigned by the Em-ployer. No duties may be removed from any present bargaining unitclassification or title and assigned or reassigned to another bargainingunit without the written consent of the Union affected. The following cov-ers situations where changes are non deminimis: where new duties arebeing added to a bargaining unit title, where the union consents to con-solidation of classes, or where the proposed classification representsnew work for the bargaining unit and the Employer and the Unions(s)cannot agree upon a rate of pay within 30 days of the notice of the pro-posed new classification, the rate of pay for such new classification willbe arbitrated according to the arbitration provisions of this Agreement. If

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at any time prior to the Arbitrator's decision, the Employer chooses to fillor implement this new classification, the Employer may temporarily as-sign a rate of pay. The Arbitrator shall review the rate of pay by compar-ing it to the pay rates, responsibilities and working conditions of otherEmployer classifications, the labor market, and any other factor the Ar-bitrator determines to be relevant. The Arbitrator shall decide whetherthe pay rate decision by the Employer was reasonable. If the Arbitratordecides the Employer's pay rate decision was not reasonable and theArbitrator decides to increase the rate of pay, the increase shall bemade retroactively to the date this new classification was established. Ifthe Arbitrator decides to decrease the rate of pay the decrease shallbecome effective as of the next pay period following the Arbitrator's de-cision. The filling of a vacancy in any such classification shall be in ac-cordance with Section 15.1 of this Agreement.

C. Present Personnel Rule 26 shall not be used to circumventthe provisions of this section.

D. Seniority. Where the present employees are placed by theEmployer in a new classification under subsection 1.5 or remain in asuccessor title or classification under subsection 1.4, their time-in-titleseniority shall consist of all time in the present (new or successor) classplus all time in the title immediately preceding.

Section 1.5 Assignment of New Work to Bargaining UnitWhenever the City intends to establish a new job classification

or undertakes to perform new work that may not be within the duties ofa current bargaining unit classification, or makes various technologicalimprovements in the manner in which an employee does his job, it willadvise the Union in writing at least 45 days in advance, describing thenew title and duties and providing a job description or equivalent de-scription of duties. The City shall first consider whether such work iswithin the scope of work that has traditionally been performed, or whichis currently being performed, by one of the bargaining units. If so, suchwork shall be assigned to a present or new classification within one ofthese bargaining units. If the City after determining that the work is notwithin the scope of traditional Laborer bargaining unit work decides notto include the new work within one of the present Laborer bargainingunits and a dispute arises, the dispute shall be submitted to the IllinoisLocal Labor Relations Board for resolution.

Section 1.6 Jurisdictional DisputesIn the event that the Union files a grievance claiming that the

Employer has violated the terms of this Agreement by assigning certainwork to City employees represented by another union, or where theEmployer receives a grievance from another union protesting the as-

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signment of work to employees covered under this Agreement, the Em-ployer shall serve written notice to the Union, and on the other affectedunion(s), of the existence of said dispute. This notice shall describe thenature of the work in dispute.

In the event this dispute remains unresolved and is submitted toarbitration, the provisions of Article 4 herein regarding arbitration ofgrievances shall apply, except that in addition to the Employer and theUnion, the other affected union(s) shall have the opportunity to partici-pate in the hearing and to present evidence, but shall not be bound tothe results of that arbitration unless all parties so agree in advance ofthe hearing.

If the Union shall prevail in said arbitration and is awarded thework in dispute, and if, in that event, the other affected union(s) shallpursue a claim against the Employer that the reassignment of the workin dispute violates the Agreement of that other union, the provisions ofthis Section shall apply to that claim as well. All parties to the disputeshall have the right to participate in any arbitration hearing of that claimand to present evidence therein. Should the arbitrator in the secondproceeding determine that the Employer's reassignment of the work indispute violates the other union(s)' Agreement, thereby requiring theEmployer to comply with two conflicting arbitration decisions as to whichof the unions is entitled to perform the disputed work, the following pro-visions shall apply.

The Employer shall have the right to invoke arbitration of thedispute under the provisions of the grievance and arbitration proce-dures contained in Article 4 of this Agreement, except that the Unionand the other affected union(s) shall select the arbitrator. The Employer,the Union and the other affected union(s) shall be parties to that pro-ceeding, and shall have the right to fully participate in the hearing. Dur-ing the pendency of this proceeding, the work assignment directed bythe first arbitrator shall be followed by the parties. The arbitrator shallhave the authority to decide only which of the two conflicting awardsshall prevail. The arbitrator's decision shall be based solely upon theprior arbitration awards, the record before both prior arbitrators, and thetraditional work and other relevant provisions of this Agreement and ofthe collective bargaining agreement of the affected union(s). No otherevidence or testimony shall be admitted in that hearing. The decision ofthe arbitrator in this proceeding shall be final and binding upon all par-ties to the dispute, and none of the parties to the dispute shall seek re-view of that award in any other judicial or administrative forum.

Nothing herein shall preclude all parties to the dispute from vol-untarily resolving it at any time.

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Section 1.7 Labor-Management Committee MeetingsFor the purpose of maintaining communications between the

parties, and to discuss any relevant subject of mutual concern, but ex-cluding specific grievances, proposed changes to the Agreement, andspecific matters covered by a different committee process, the partieswill hold Labor Management Committee meetings on a quarterly basis.The Committee will consist of appropriate representatives of each LocalUnion that is a party to this Agreement, and appropriate representativesof the City, including representatives from the Department of HumanResources/Labor Relations, the Law Department, the Office of Budgetand Management, relevant operating departments, and other appropri-ate representatives, as needed. Relevant subjects of mutual concern tobe discussed may include matters formerly handled by the Committeeon Continuous Process Facilities, the Labor Management TrainingCommittee, and the Emergency Call Out Plans Committee.

ARTICLE 2UNION RIGHTS

Section 2.1 Right of AccessDuly authorized Officials to the Union will be permitted during

normal working hours, to enter Employer facilities or be present whereCity work is being performed for purposes of handling grievances or in-vestigating complaints pursuant to the collective bargaining agreement,observing conditions under which employees are working, meet withemployees for these purposes or for the administration of this Agree-ment. The Union will not abuse this right and such right of entry shall beconsistent with current practices, and shall at all times be conducted ina manner so as not to interfere with normal operations. The Employercan establish reasonable rules of access in conformance with the pur-pose of Section 2.1. By mutual agreement between the Union and theEmployer, the Union may call a meeting during working hours to pre-vent misunderstandings, resolve or clarify a position.

Section 2.2 Union StewardsThe Union will advise the Employer in writing promptly upon

ratification of this Agreement of the names of the Stewards in each de-partment or work location and shall notify the Employer promptly of anychanges.

Stewards will be permitted to handle and process grievancesreferred by employees at the appropriate steps of the grievance proce-dure during normal hours, without the loss of pay, provided that suchactivity shall not exceed a reasonable period of time, or unreasonablyinterrupt the work of employees. Stewards shall notify their immediate

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supervisors in advance of their intention to handle and process griev-ances. Supervisors shall not unreasonably withhold permission to theStewards to engage in such activities.

Union Stewards shall not be discriminated against because oftheir activities on behalf of the Union; nor shall they be transferred.Union Stewards shall not be detailed from their Bureaus other than inan emergency, unless the Steward agrees. The Union shall cooperatewith the Employer to ensure the ability of Stewards to perform the job.In the event of a layoff, all employees acting as Union Stewards shall bethe last laid off in the affected job classification.

Section 2.3 EmployeesEmployees shall, after giving appropriate notice to their supervi-

sors, be allowed reasonable time-off with pay during working hours toattend hearings and meetings if they are called by and agreed to by theEmployer, if such employees are entitled or required to attend becausethey are Union representatives, stewards, witnesses, or grievants. Adesignated employee representative shall be permitted to attend griev-ance step discussions, and arbitrator hearings. An employee who issubject to a proper subpoena shall be granted a leave of absence withpay to attend the hearing provided the employee deposits his subpoenafee with the City Comptroller.

Section 2.4 Union Business and ActivitiesLocal Union representatives, officials appointed or elected by

the Union not to exceed sixteen (16) shall be allowed time off withoutpay for legitimate Union business, such as Union meetings, Committeeand/or board meetings, training sessions, or conferences. Nothing shallprevent an employee from using any accumulated time to cover suchabsences at the employee's option.

Requests for such time off shall be granted unless an em-ployee's absence would interfere with the operating needs of the Em-ployer, provided that, such requests shall not be unreasonably denied.The employee may, with the written consent of the supervisor, adjustthe employee's schedule to permit such attendance.

Local Union representatives not to exceed 16 will be permittedto attend State or International Laborers' and/or Building Trades con-ventions without a loss in pay for the time spent in route to and fromand attending the convention up to three days for one state conventionand up to seven days for one national convention. Such time off shallnot be detrimental to the employee's record in any way.

Section 2.5 Union Leave of AbsenceThe Employer shall grant request for leaves of absence for up

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to 16 employees for the purpose of service as Laborer Representativeor officer with the International, State, District Council or Local Organi-zation of the Union for the duration of his/her appointment to the Union,provided reasonable advance notice in writing is given to the Employer.While on such leave the employee shall not incur a break in continuousservice. An employee on said leave of absence shall not be eligible forany benefits as an employee. Such employees may maintain their par-ticipation in pension programs including retroactively, provided the em-ployee and/or the Union makes the full contribution.

In the event the Employer hires at one time in excess of 200additional employees in any one year under a Federal or State grant,an additional employee for each 200 hired, may be granted a tempo-rary leave of absence for the term of such program. Such leave shallnot be unreasonably denied. The Union shall, where possible, give theDepartment Head 30 days' written notice requesting said leave(s). Dur-ing such Union leave said employees shall continue to accumulate sen-iority and shall be eligible for and shall receive all benefits as if theywere fully on duty, including but not limited to, pension accruals, only ifthe Union reimburses the Employer for all such employment costs on orbefore December 31 of each year.

Employees who return from Union leaves of absence shallhave the same rights as employees who return from medical leaves ofabsence.

Section 2.6 Personnel Transactions(a) Bargaining Unit ReportThe Employer will provide to the Union between the 15th and

the 20th of the month a bargaining unit report of current active employ-ees sequenced by:

1. Bargaining Unit2. Department3. Payroll Number4. Title5. Name

and a separate bargaining unit report sequenced by:1. Bargaining Unit2. Department3. Title4. NameBoth lists will completely update such information from the pre-

vious report and include employee name, address, social security num-ber, dues code, title, pay schedule, grade, current pay rate, status,continuous service date, career service or seasonal seniority, time intitle, date of birth, race and sex. The report shall be current to within 20

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days of the date provided.(b) Activity ReportThe Employer shall also provide to the Union on a monthly

basis a bargaining unit activity report of current active employees thatwill show:

- Duty Disability- Career Service Retirements- Career Service Resignations- Career Service Discharges- Non-Career Service Terminations- Leaves of Absence- Suspensions- Reinstatements- Reappointments- Transfers (Change of department)- Transfers (Change of payroll)- Appointments (which also includes promotionsand demotions)- Death

For new appointments, the report will list employee name, ad-dress, social security number, department, payroll number, title code,title description, pay schedule, grade, pay rate, status, date of birth,race and sex.

For transactions involving current employees the report will listname, social security number, department, payroll number, title code,dues code, title description and transaction. The report will also list anychanges in the employee's name, address, social security number, de-partment, status, date of birth, race or sex.

Each month the Employer will provide to the Union the currentmonth's bargaining unit activity report and the updated report from theprevious month.

(c) Overtime ReportThe Employer will provide to the Union by the 20th of each

month an overtime report for bargaining unit employees which will pro-vide the following:

- Payroll Period- Payroll Number- Employee Number- Name- Social Security Number- Title Code- Amount of Overtime for Period- Amount of Overtime Year to Date

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(d) PER-14'sThe Employer agrees that the Union may review bargaining

unit Personnel Transaction Reports (PER-14's) for members of the bar-gaining unit once a week. The weekly review will be on a day and timeagreed upon by the Union and each department. The Union may reviewbargaining unit Personnel Transaction Reports (PER-14's) and, if de-sired, make copies upon payment of a $.10 cents per page fee.

For Bargaining Unit (PER-I4) showing appointments, promo-tions, discharges, resignations, or retirements, the Union may tele-phone a designated department representative to request informationfrom such transaction reports. The Employer will make its best efforts toprovide the requested information.

(e) Seniority ListThe Employer shall submit to the Union annually, beginning 30

days from the execution of this Agreement and on March 15 of eachyear thereafter, a seniority list for the bargaining unit setting forth thefollowing:

- Department- Classification- Name- Time in Title Date- Number of Days in Title- Continuous Service Date- Status- Payroll Number- Social Security Number

Such lists shall be updated to the effective date of any layoff forthe classification involved and shall be provided to the Union on thesame day as the list is given to the department head or within 2 days ofthe layoff notice whichever is sooner. Disputes as to the accuracy ofsuch lists may be brought to the Employer's attention by the Union, inwriting, and shall be resolved promptly by the Director of Labor Rela-tions.

(f) Personnel TransactionsIf the Employer develops any technical improvement in the collectionand/or reporting of information provided to the Union under this Section(2.6), the Union shall have the advantage of any such improvement byreceiving information and/or reports in the new or improved form.

(g) Right to Request InformationNothing provided in this Section shall limit the Union's right to requestinformation regarding a specific dispute or grievance under any otherArticle of this Agreement, or under the law, for the purpose of adminis-tering this Agreement.

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Section 2.7 Bulletin BoardsThe employer shall provide bulletin boards or space on bulletin

boards at each employer physical site, the number, size and location tobe mutually agreed upon by the employer and the union within 90 daysafter execution of this agreement. Said bulletin boards or space shall befor the sole and exclusive use of the union for union business. All post-ings required by thisagreement shall be on such bulletin boards. Postedmaterial shall not be abusive, inflammatory or of a partisan politicalna-ture, but may describe issues involved in hearings or results of hear-ings. Posted material shall be signed and dated prior to posting.

Section 2.8 Backpay AwardsWhenever an employee shall be entitled to an award of back

pay from an arbitration award or settlement agreement, a check in theappropriate amount, together with the method of calculation, shall beforwarded to the Union's designee for distribution to the Employee. TheUnion shall deliver said check to the employee within fifteen (15) calen-dar days of its receipt. Dues payments, if any, shall be remitted sepa-rately.

Such payments to employees shall be made within a reason-able time after the award is received by the Employer, the grievance issettled or the end of the proceeding from which the award is derived,but in no event shall such time for payment exceed sixty (60) days fromthe end of any period of disputed calculation, unless mutually agreed bythe parties.

ARTICLE 3RULES OF CONDUCT CHANGES

No changes or additions to rules of conduct shall be imple-mented without prior publication and notice to the affected employees.

When the Employer proposes to initiate reasonable changes oradditions to its rules of conduct, which could subject Employees to dis-cipline, the Employer shall transmit copies of the proposed changes oradditions to the Union. The Union will consider the proposals, and uponrequest, the Employer will meet with the Union within 20 calendar daysof the receipt of the proposals to receive the Union's comments. Absentan emergency, the Employer will not implement its proposed changesor additions until the Union has had a reasonable opportunity to presentits view and discuss the proposals with the Employer. The Union willhave waived its right to contest the reasonableness of the proposedrules of conduct whenever the Union fails to discuss its objection withthe Employer during the twenty-day period allotted for Union comments.

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ARTICLE 4DISCIPLINE AND GRIEVANCE/ARBITRATION

Section 4.1 Disciplinary Action(a) Disciplinary action including discharge, shall be excluded

from this grievance procedure. Suspensions over 10 days and dis-charges shall be governed exclusively by the City of Chicago's Person-nel or Police Board Rules, whichever may be applicable.Notwithstanding the foregoing, suspensions of 11 days or more may beappealed to arbitration in lieu of the Personnel or Police Board upon thewritten request of the Union. Disciplinary cases which are convertedfrom a discharge to a suspension as a result of decision of the Person-nel or Police Board do not thereafter become arbitrable as a result ofsaid decision. The grievance procedure provisions herein and thePer-sonnel or Police Board appeals procedure are mutually exclusive, andno relief shall be available under both.

(b) An employee who is subject to disciplinary action for any im-propriety or cause has the right to ask for and receive a Union repre-sentative to be present at any interrogations or hearings prior to beingquestioned. The interrogation shall take place at reasonable times andplaces and shall not commence until the Union representative arrives,provided that the Employer does not have to wait an unreasonable timeand the Employer does not have to have the interrogation unduly de-layed. An employee may be discharged for just cause before the Per-sonnel or Police Board hearing, provided that said employee shall beguaranteed, upon request, a full hearing before said Board, in accor-dance with the said Board's rules. It is further provided that in the eventof non-egregious offenses, not to include violent acts, criminal acts,drinking alcohol or taking illegal drugs on the job, insubordination orwork stoppages, the employee will be given 30 days advance notice ofdischarge, and has 7 days from receipt of the notice to appeal. If theemployee does not file an appeal within the 7-day appeal period, theEmployer may then remove the employee from the payroll. If the em-ployee appeals the discharge, the Personnel Board shall be requestedto set a hearing date within the 30-day notice period and the employeeshall remain on the payroll for the full notice period, except if prior tocompletion of the 30-day notice period (1) the Hearing Officer affirmsthe discharge; or (2) the employee continues the discharge hearing; or(3) the employee withdraws his appeal or otherwise engages in con-duct which delays the completion of the hearing. However, in no eventmay the employee require the employer to retain the employee on thepayroll beyond the 30-day period. The Union shall have the right tohave its representatives present at either of the Board(s) or the griev-ance procedure, including arbitration, and to actively participate.

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(c) The Employer within its discretion may determine whetherdisciplinary action should be an oral warning, written reprimand, sus-pension or discharge, depending upon various factors, such as, but notlimited to, the severity of the offense or the employee's prior record.Such discipline shall be administered as soon as practical after the Em-ployer has had a reasonable opportunity to fully investigate the matterand conduct a meeting with the Union and employee. The Employer isnot obligated to meet with the employee and the Union prior to takingdisciplinary action where the employee is unavailable or in emergencysituations.

Demotions shall not be used as a part of discipline. Transfershall not be part of an employee's discipline.

In cases or oral warnings, the supervisor shall inform the em-ployee that she/he is receiving an oral warning and the reasons there-fore. For discipline other than oral warnings, the employee's immediatesupervisor shall meet with the employee and notify him/her of the accu-sations against the employee and give the employee an opportunity toanswer said accusations. Specifically, the supervisor shall tell the em-ployee the names of witnesses, if any, and make available copies ofpertinent documents the employee or Union is legally entitled to re-ceive, to the extent then known and available. Employer's failure to sat-isfy this Section 4.1 shall not in and of itself result in a reversal of theEmployer's disciplinary action or cause the Employer to pay back pay tothe employee.

In the event disciplinary action is taken, the employee and theUnion shall be given, in writing, a statement of the reasons therefore.The employee shall initial a copy, noting receipt only, which shall beplaced in the employee's file. The employee shall have the right tomake a response in writing which shall become part of the employee'sfile.

(d) Any record of discipline may be retained for a period of timenot to exceed eighteen (18) months and shall thereafter not be used asthe basis of any further disciplinary action, unless a pattern of sustainedinfraction exists. A pattern shall be defined as at least two substantiallysimilar offenses during said 18-month period. If an employee success-fully appeals a disciplinary action, his/her file shall so record that fact. Ifthe appeal fully exonerates the employee, the Employer shall not usesaid record of the discipline action against the employee, or in the caseof promotions or transfers.

In any disciplinary investigation of a non-egregious offense con-ducted by the investigative staff of the Office of Budget and Manage-ment, the Employer shall notify the employee who is the subject of thedisciplinary investigation of the pendency of the investigation and itssubject matter, within thirty (30) calendar days of the employer being

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made aware of the alleged rule violation. For the purposes of this Sec-tion, the term "non-egregious offense" shall not include indictable crimi-nal offenses, gross insubordination, residency issues, or drug andalcohol violations. Thereafter, the employee shall be granted a predisci-plinary hearing if requested within thirty (30) days. Any discipline givenin violation of this notice provision shall be null and void.

In the event that a discharged employee appeals an adversedecision of the Personnel or Police Board to the Circuit Court of CookCounty, or thereafter to the Appellate Court of Illinois, and the decisionof the Personnel or Police Board is reversed or remanded resulting inrestoration of the job, the Employer will pay the employee's reasonableattorney's fees which he or she has incurred in connection with thecourt proceeding, excluding fees incurred before the Personnel or Po-lice Board. The employee shall submit a post-appeal fee petition to theEmployer, which shall be supported by full documentation of the workperformed, the hours expended, and the rates paid by the employee.Should the parties be unable to agree on the proper amount of the feesto be paid to the employee, either party may refer the dispute to arbitra-tion under the relevant provisions of this agreement.

Section 4.2 Procedure For Department Review of Disciplinary Ac-tion Including Suspension

Step 1. Within 5 working days after an employee receives writ-ten notice of any proposed disciplinary action, including a suspensionfor ten (10) days or less which is not appealable to the Personnel orPolice Board, or in the case of suspensions of 11 or more days whichmay be appealed to arbitration in lieu of the Police or Personnel Boardupon the written request of the Union, the Employer shall conduct ameeting with the union and employee. Discipline shall be administeredas soon as possible after the employer has had a reasonable opportu-nity to further investigate the matter as appropriate. If disciplinary actionis taken after the meeting or further investigation, the employer may re-quest in writing to the department head a review of the said disciplinaryaction on a form provided by the Employer. Said request for reviewshall be in writing and submitted within three (3) working days of receiptof written notice of discipline. Said review form shall be printed on theback of or attached to the notice of discipline together with instructionsfor appeal. The failure to submit a written request for review of discipli-nary action within three (3) working days of receipt of notice of discipli-nary action will preclude the employee's right to review.

Step 2. Within three (3) working days or any mutually agreedupon extension after the department head or designee receives theemployee's request for review, the department head or designee shallconduct a meeting to review the suspension. Failure to conduct said

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meeting in three (3) days will result in automatic advancement to Step 4and the Union shall so notify the Employer. At the meeting, the depart-ment will give the basis for its action and the employee and union repre-sentative, if any, will be heard and provided the opportunity to askquestions. The department head or designee shall surrender a writtendecision within two (2) working days of the meeting, except where bothparties agree a further investigation is required. The absence of suchagreement or failure to decide and communicate such decision, will re-sult in automatic advancement to Step 4 and the Union shall so notifythe Employer. A copy of such decision shall be sent to the employeeand the Union.

Step 3. Where further investigation is agreed upon, a secondmeeting shall be held between the department head or designee andthe employee and the union representative to discuss the results of theinvestigation. Said meeting shall be conducted within five (5) workingdays of the close of the Step 2 meeting, unless otherwise agreed by theparties. The department head or designee shall render a written deci-sion within two (2) working days of the second meeting. A copy of suchdecision shall be sent to the employee and the Union. If the parties failto meet within five (5) working days or a written decision is not submit-ted within two (2) working days, the appeal shall automatically proceedto Step 4 and the Union shall so notify the Employer. Except where oth-erwise indicated, the time limits set forth herein are to encourage theprompt reviews of said disciplinary action and failure to comply withthese time limits will not affect the validity of the said disciplinary action.This procedure shall be the employee's exclusive remedy for all saiddisciplinary action, including suspension for ten (10) days or less, or forsuspensions of 11 days through 30 days which may be appealed to ar-bitration in lieu of the Personnel or Police Board upon the written re-quest of the Union.

Step 4. If the matter is not settled at Steps 2 or 3, the Unionmay submit the matter to arbitration under the terms of this Agreement.The rules governing procedure for arbitration shall be the same as in4.3, Step III.

Section 4.3 Conduct of Disciplinary InvestigationsSupplementing all rights and processes due employees cov-

ered by this Agreement who may be the subject of a disciplinary investi-gation by the Inspector General, the interview will be conducted in thefollowing manner:

A. The interview of the employee shall be scheduled at a rea-sonable time, preferably while the employee is on duty, or if feasible,during day shift hours.

B. The interview, depending upon the allegation, will take place

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at the employee's location of assignment, normal department locationor other appropriate location.

C. Prior to an interview, the employee under investigation shallbe informed of the person in charge of the investigation, the identity ofthe interviewer and all persons present during the interview. When aformal statement is being taken, all questions directed to the employeeshall be asked by and through one interviewer at a time.

D. The length of the interview sessions will be reasonable, withreasonable interruptions permitted for personal necessities.

E. At the beginning of the interview, the employee shall be in-formed of the nature of the matters to be discussed.

F. An employee under investigation shall not be threatened withtransfer, dismissal or disciplinary action, or promised a reward, as aninducement to provide information relating to the matter under investi-gation, or for exercising any rights contained in this Agreement, pro-vided, however, that this Section shall not prohibit or prevent anaccurate reading of the employee's administrative rights, or the imposi-tion of discipline in accordance therewith.

G. An employee under investigation will be provided without un-reasonable delay with a copy of any written statement the employeehas made.

H. (1) If the allegation under investigation indicates a recom-mendation for discipline is probable against the employee, said em-ployee will be given the statutory administrative proceedings rights priorto the commencement of the interview.

(2) If the allegation indicates that criminal prosecution maybe probable against said employee, the provisions of this Section shallbe inapplicable and said employee will be afforded his constitutionalrights concerning selfincrimination prior to the commencement of the in-terview. An employee will not be read his/her administrative and Mi-randa rights during the same interview.

I. At the request of the employee under investigation, an em-ployee who may be subject to discipline shall have the right to be repre-sented in the interview by a representative of the Union. The employeeshall be told that he/she has the right to Union representation beforecommencement of the interview. The interrogation shall be suspendeduntil representation can be obtained, provided the suspension is not foran unreasonable time and the Employer does not have the interviewunduly delayed.

J. The Employer shall not compel an employee under investi-gation to speak or testify before, or to be questioned by, any non-gov-ernmental agency relating to any matter or issue under investigation.

K. The results of a polygraph examination shall not be usedagainst an employee in any forum adverse to the employee's interests.

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The Employer will not require a polygraph examination if it is illegal todo so. If an employee is asked to take a polygraph examination, he/shewill be advised in writing 24 hours prior to the administration of the ex-amination. The results of any polygraph examination shall be known tothe employee within one week.

L. This Section shall not apply to employee witnesses.M. The identity of an employee under investigation shall not be

made available to the media during the course of an investigation untilcharges are filed by the Employer and the employee has the opportu-nity to respond thereto. If an employee is exonerated after the City ini-tially informed the media of the charges against the employee, the Citywill make that fact available to the media where the employee requestsit.

N. In the event that disciplinary action is taken against an em-ployee, any allegations of violations of this Section shall be heard inconnection with, and in the same forum as, grievances which protestsaid disciplinary action, except as provided in paragraph O(2) below. Ifno disciplinary action is brought against the employee following the con-clusion of the Inspector General's investigation, no grievance concern-ing the conduct of the investigation shall exist.

O. (1) Any evidence or information including employee state-ments that is obtained in violation of the rights enumerated in this Sec-tion 4.3, shall be suppressed and shall not be used by the Employer forany disciplinary action against the employee, or in the case of promo-tions or transfers.

(2)(a)Notwithstanding the provisions of paragraph N above, atthe option of the Union, a claim that the Inspector General has violatedthe provisions of this Section may be raised in a suppression hearingbefore a member of the permanent hearing panel listed herein, ratherthan in the disciplinary hearing as required in paragraph N above.

(2)(b)(1) The Union may exercise this option by notifying theemployee's Department Head and the Employer's Law Department inwriting not later than ten (10) calendar days before an arbitration or thePersonnel or Police Board hearing, in accordance with the foregoingprovisions of this Agreement. The appeal shall specify the particularcontract provisions allegedly violated, together with a factual summaryof the conduct alleged to have violated the Agreement. It is understoodthat by exercising this option, any and all time limits set forth in Chapter2-74-060 of the Municipal Code of the City of Chicago regarding thePersonnel Board hearing shall be tolled until the arbitrator renders a de-cision as provided below.

(2) Upon receipt of said notice, the parties will select inorder of rotation one of the three permanent hearing panel memberswho are chosen as follows. To be eligible for service on this panel,

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members must be willing to convene a suppression hearing within thirty(30) days of receiving notice of his or her selection. To select the initialpanel, or should any member of the panel resign or be removed uponmutual agreement of the parties during the life of this Agreement, theparties will meet to reach agreement on new panel member who mustbe an arbitrator listed with the Federal Mediation and Conciliation Serv-ice. If no agreement can be reached, the Employer will request a panelof seven (7) arbitrators from FMCS, all of whom must be members ofthe National Academy of Arbitrators. Thereafter, the parties will meet tostrike names from the list, with the Employer striking first, until onename remains, which person shall be named to the panel.

(2)(c)The suppression hearing shall be convened within thirty(30) calendar days of the selection of the panel member, or at suchother time as the parties may mutually agree. The arbitrator's jurisdic-tion shall be limited to determining if the Inspector General obtained ev-idence or statements in violation of paragraph O(1) above, and if suchevidence should be suppressed. The arbitrator shall have no authoritytorule on the merits of any underlying discipline or take any other actionbeyond that specifically set forth in this subparagraph.

(2)(d)The panel member shall render an expedited decisionwhich shall be final and binding upon the parties. It shall not be subjectto collateral attack in any further disciplinary proceeding involving theemployee in question.

P. Notwithstanding any other provision in this Section to thecontrary, no interview by the Inspector General will be conducted at apolice station or other correctional facility unless the employee works atthe police station or correctional facility, or if theemployee has been in-carcerated for more than 72 hours. Should during the life of this Agree-ment the City Council enact an ordinance which transfers theinvestigative authority of the Inspector General to another City Depart-ment or agency, the provisions of this Section shall be deemed to beapplicable to that Department or agency.

Section 4.4 Grievance and ArbitrationExcept as in disciplinary provisions of Sections 4.1 and 4.2

above, a difference, complaint or dispute (hereinafter called a griev-ance) between the Employer and the Union or any of the employees ofthe Employer it represents, arising out of the circumstances or condi-tions of employment, shall be exclusively settled in the following man-ner.

There shall be no interruption of the operation of the Employer.It is agreed that the time limitations set forth herein are of the essenceand that no action or matter not in compliance therewith shall be con-sidered the subject of a grievance unless said time limitations are ex-

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tended by written agreement of both parties to this Agreement.Failure of the Employer to answer a grievance within the time

limits herein shall permit the Union to advance the case to the nextstep. The Union will be informed of and allowed to be in attendance atall grievance or disciplinary hearings. The Union shall send written no-tice to the Department Head notifying him/her of advancement to thenext Step.

Before a formal grievance is initiated, the employee may dis-cuss the matter with his/her immediate supervisor. If the problem is notresolved in discussion, the following procedure shall be used to adjustthe grievance:Step I - Immediate Supervisor

A. The employee or the Union shall put the grievance in writingon the form to be supplied by the Employer upon request, but in the ab-sence of such a form, employee or the Union may submit the grievancein letter form, within twelve working days of either the employee or theUnion having knowledge of the event which gives rise to the grievance.The employee or the Union will indicate what Section and part of theAgreement is in violation, a brief description of the facts underlying thegrievance, and the requested remedy, and submit the grievance to theemployeeʼs immediate supervisor. It is understood that if the employeehas knowledge of the grievance more than twelve working days thanthe Union, the Union shall not thereafter file any grievance with the Em-ployer concerning that same issue and involving that employee. It is fur-ther understood that if an employee is the beneficiary of an allegedcontract violation, and therefore files no grievance concerning thatissue, the Union is not precluded from filing a timely grievance over thatissue if it does so within twelve working days after it knew or shouldhave known of the alleged violation.

B. Within five (5) working days of the written grievance, the im-mediate supervisor will notify the employee and the union in writing ofthe decision.Step II Department Head

A. If the grievance is not settled at Step I, the Union representa-tive and/or the employee shall have the right to make an appeal in writ-ing to the Department Head or the Department Head's designee withinseven (7) working days after the date of receipt of the decision or thedate it was due under Step I, by the immediate supervisor. The name ofthe Department Head's designee shall be posted for employees inareas where employee notices are normally posted and submitted tothe Union. Failure to post and so notify the union will permit immediateadvancement to arbitration unless corrected within two (2) working daysof notice of failure to post.

B. The Department Head or the Department Headʼs designee-

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shall meet with the Unionʼs representative at least once each month todiscuss all pending grievances that have been advanced to Step II. Thepurpose of the Step II meeting will be for the Department and the Unionto share relevant information and discuss their respective positions withrespect to each grievance pending at Step II, and attempt to amicablyresolve as many grievances as possible. The Department Head or theDepartment Headʼs designee shall have the requisite authority to re-solve grievances during the Step II meeting. No grievances will be dis-cussed at more than one Step II meeting, unless the City and the Unionmutually agree that further meeting and discussion would be beneficial.Nothing in this paragraph shall be construed to relieve the City and theUnion from their obligations to otherwise process and respond to griev-ances in accordance with this Article.

C. The Department Head or the Department Head's designeewill notify the employee and Union in writing with a copy to the Union ofhis/her decision within seven (7) working days of the completion of theStep II meeting.The response to the grievance shall state the Depart-mentʼs position with respect to the grievance together with a brief state-ment of the facts and reason(s) supporting that position.

D. Any settlement at Step I or II shall be binding upon the Em-ployer, Union and the aggrieved employee or employees. Grievancesmay be withdrawn without prejudice at any step of the grievance proce-dure if mutually agreed.

E. If the grievance is not settled at the second step, the Unionor the Employer may request final and binding arbitration by servingwritten notice on the other within ten (10) working days from receipt ofthe Employer's Step II decision or the date it was due.

F. If the grievance or arbitration affects more than one em-ployee, it may be presented by a single selected employee representa-tive of the group or class. A class action shall be identified to theEmployer at Step I or as soon as practicable. The resolution of a griev-ance filed on behalf of a group of employees shall be made applicableto all of the affected employees within that group.

G. Even though a grievance has been filed, employees are ob-ligated to follow instructions or orders of supervisors or the Employer,except where the instruction or order is so inherently dangerous to theemployee that it could cause death or serious physical harm. The Em-ployer agrees that by following instructions or orders the employeedoes not waive his/her right to process the grievance. Refusal to followinstructions or orders shall be cause for discipline.Step III - ArbitrationIf the matter is not settled in Step II the Union or the Employer, but notan individual employee or employees, may submit the dispute to arbi-tration by serving a written request to arbitrate to the designated repre-

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sentative from the Employerʼs operating department, with copies of therequest to the designated law department representative and counselfor the Coalition Unions, setting forth the facts and specific relief re-quested, within ten (10) working days after the answer is given or dueat Step II hereof.

Within five (5) days of serving the request for arbitration, or assoon thereafter as the parties mutually may agree, the Union shall havethe right to convene a meeting with the Employer's designated repre-sentative in an attempt to resolve the grievance prior to any further ac-tion being taken to advance the matter to arbitration. At such meeting,the Union shall set forth in writing the facts of the matter in dispute andthe relief requested. The Employer will respond to the grievance in writ-ing by giving the reasons which it contends support its position with re-spect to the grievance. In the event the parties are unable at suchmeeting to resolve the grievance, the Union and the Employer will pro-ceed with the selection of an arbitrator as provided below.

Either party may submit the grievance to arbitration by servinga written request to arbitrate to the Federal Mediation and ConciliationService under the rules of that tribunal with a copy to the other party.The foregoing shall not prevent the Employer and Union from mutuallyagreeing to the selection of an arbitrator.

The panel of arbitrators submitted must agree as a whole tocommencement of a hearing within sixty (60) days of selection and thatthey will render a decision within thirty (30) days of the close of hearing.Any extension of those time limits must be by written consent of theUnion and the Employer. The failure of either side to agree to an exten-sion of time shall not be disclosed to the arbitrator.

Arbitrators will advise the parties of their fees and expensesprior to selection and such fees and expenses shall be borne equallybetween the Union and the Employer. The arbitrator shall have the rightto subpoena witnesses and require the production of pertinent docu-ments at the request of either party. Each party shall be responsible forcompensating its own representative and witnesses. The cost of a tran-script shall be borne by the party requesting the reporter unless the par-ties agree to share such costs.

An arbitrable matter must involve the meaning and applicationor interpretation of a specific provision of this Agreement or a documentincorporated by reference thereto. The provisions of this Agreement andany other document incorporated by reference in this agreement shallbe the sole source of any rights which either party may assert in arbitra-tion. Questions of arbitrability shall be decided by the arbitrator. The ar-bitrator shall have no power to amend, add to, subtract from, or changethe terms of this Agreement, and shall be authorized only to interpretthe existing provisions of this Agreement and apply them to the specific

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facts of the grievance or dispute. The decision of the arbitrator shall bebased wholly on the evidence and arguments presented to him by theparties in the presence of each other. No arbitration hearing shall beheld unless both parties are present. The decision of the arbitrator shallbe final and binding on all parties to the dispute, including the employeeor employees involved. Where timeliness is in dispute, it shall be de-cided by the arbitrator.

A. ADVANCED GRIEVANCE STEP FILINGCertain issues which by nature are not capable of being settled

at a preliminary step of the grievance procedure or which would be-come moot due to the length of time necessary to exhaust the griev-ance steps, or which the Union believes which would be resolved moreexpeditiously, may be filed at the option of the grievant/union at Step II.

B. PERTINENT WITNESSES AND INFORMATIONThe Union may request the production of specific

documentation, books, papers or witnesses reasonably available fromthe Employer and substantially pertinent to the grievance under consid-eration. Such request shall not be unreasonably denied, and if grantedshall be in conformance with applicable laws and rules issued pursuantthereto governing the dissemination of such materials.

A Union representative, a grievant, and Union steward will bepermitted a reasonable amount of time without loss of pay during work-ing hours to investigate and process grievances where this does notsubstantially interfere with the efficient operation of the Department,provided that representatives shall observe the Employer's reasonablevisitation rules for Union representatives. The steward shall notifyhis/her immediate supervisor for permission to handle grievances onwork time, it being understood that the operation of the Departmenttakes precedence unless there is an emergency, but such permissionshall not be denied unreasonably. A reasonable number of employeesmay attend the meeting without loss of pay; such meetings shall be setby mutual agreement by the Employer and the Union. Where the Em-ployer directs an employee to report for a meeting concerning a griev-ance at a time when the employee is not scheduled to work such timeshall be considered time worked.

If there is space available, the Employer, upon request of theUnion representative, shall provide the use of a room and telephone, todiscuss the grievance, subject to the Employer's reasonable rules forthe Union's use of such facilities.

C. EXPEDITED ARBITRATIONThe Employer and the Union may mutually agree to submit any

grievance to expedited arbitration. Pursuant to expedited arbitration,the parties shall mutually select an arbitrator from a group of arbitratorsapproved by the parties. The expedited arbitration hearing shall be

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scheduled as early as possible from the date the parties agreed to sub-mit the grievance to expedited arbitration. The parties agree to waivethe stenographic recording of the hearing and the filing of post-hearingbriefs. Pursuant to the partiesʼ agreement, the arbitrator shall issue ei-ther an oral decision at the close of the hearing or a written decisionwithin twenty (20) days of the date of the hearing. The arbitratorʼs deci-sion shall be final and binding on all parties to the dispute.

D. MANAGEMENT OF ARBITRATION DOCKETA representative from the Employerʼs law department and counsel forthe Coalition Unions shall meet at least quarterly, or more frequently asnecessary, in order to discuss the scheduling of specific cases for avail-able hearing dates. At these meetings, the parties shall designate atleast one preestablished hearing date per month for the arbitration ofgrievances.

ARTICLE 5NON-DISCRIMINATION

Section 5.1 Equal Employment OpportunitiesThe Union and the Employer agree to work cooperatively to in-

sure equal employment opportunities as required by law in all aspectsof the Employer's personnel policies, and nothing in this Agreementshall be interpreted to cause a negative effect in said efforts. It is under-stood and agreed that this Article shall neither affect nor be interpretedto adversely affect the seniority provisions of this Agreement.

Section 5.2 No DiscriminationNeither the Employer nor the Union shall discriminate against

any employee covered by this Agreement in a manner which would vio-late any applicable laws because of race, color, religion, national origin,age, sex, marital status, mental and/or physical handicap or activity onbehalf of the Union.

Section 5.3 GrievancesGrievances by employees alleging violations of this Article shall

be resolved through the Grievance procedure of this Agreement.

Section 5.4 Reasonable AccommodationIn the event the Employer shall be required to make a reason-

able accommodation under the Americans With Disabilities Act ("ADA")to the disability of an applicant or incumbent employee that may be inconflict with the rights of an employee under this Agreement, the Em-ployer shall bring this matter to the attention of the union. The provi-sions of Article 4 of this Agreement shall be available, and the Arbitrator

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may balance the Employer's obligations under the ADA and this Agree-ment and the employee's rights under this Agreement, provided that noincumbent employee shall be displaced by such decision of the Arbitra-tor.

ARTICLE 6HOLIDAYS

Section 6.1a. Full-time hourly employees shall receive eight hours straight-

time pay for the holidays set forth below:1. New Year's Day2. Dr. Martin Luther King's Birthday3. Casimir Pulaski Day4. Memorial Day5. Independence Day6. Labor Day7. Columbus Day8. Thanksgiving Day9. Christmas Day

b. Full-time salaried employees shall receive the following daysoff without any change in their regular salary:

1. New Year's Day2. Dr. Martin Luther King's Birthday3. Casimir Pulaski Day4. Lincoln's Birthday5. Washington's Birthday6. Memorial Day7. Independence Day8. Labor Day9. Columbus Day10. Veterans Day11. Thanksgiving Day12. Christmas Day

c. Employees covered by this Agreement including probation-ary employees shall be entitled to one (1) paid personal day in eachyear of this Agreement. At the employee's option, the personal day maybe scheduled in accordance with the vacation selection procedures setforth in Article 10 of this Agreement. If the employee elects not toschedule said personal day in advance under the vacation selectionprocedures as provided above, such day shall be designated by theemployee and shall not be denied by the Employer. If the employee isrequired or allowed to work on such designated day, the employee shallreceive the appropriate holiday premium rate. An employee may electto carry over the personal day to the following calendar year provided

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such carry over shall not exceed five (5) personal days. Employees maynot designate such personal day in connection with an existing holiday,Good Friday, or a vacation schedule unless requested by the employeeupon ten (10) days written notice and approved by the Employer. Newemployees who commence work for the Employer after June 30 shallnot be eligible for this personal day until the following calendar year.

d. The benefits set forth in (a), (b) and (c) above shall be paidprovided the employee is in pay status the full scheduled work day im-mediately preceding and the full scheduled work day immediately fol-lowing such holiday, or is absent or tardy from work on one or both ofthose days with the Employer's permission; such permission shall notbe unreasonably denied.

Section 6.2 Payment for HolidayIf an employee is scheduled to work on a paid holiday under the

Agreement, except for Christmas, New Year's Day, and Dr. MartinLuther King's Birthday, he/she shall be paid at the rate of two and one-half (2 ½) times his/her regular hourly rate(which includes holiday pay)for all hours worked. An employee working on Christmas, New Year'sDay and Dr. Martin Luther King's Birthday shall be paid at the rate oftwo (2) times his/her regular hourly rate (which includes holiday pay) forall hours worked plus 8 hours off with pay (compensatory time) if theemployee is a full-time employee and pro rata time off if the employee isa part-time employee. If a full-time hourly employee is not required towork on a paid holiday under this Agreement, such employee shall bepaid eight hours at his/her regular straight time hourly rate for such holi-day.

Section 6.3 Determining Work Days as HolidaysA holiday is the calendar day running from midnight to midnight.

An employee whoʼs workday extends over parts of two (2) calendardays, one of which is a holiday, shall be considered to have worked onthe holiday if the majority of the hours worked fall on the holiday.

Section 6.4 Failure to Report to Work on Scheduled HolidayIf an employee is scheduled to work on a holiday and fails to re-

port to work, the employee shall forfeit his/her right to pay for that holi-day unless his/her absence is due to illness, injury, or other emergency.

Section 6.5 Holiday ObservanceExcept for employees whose regularly scheduled workweek in-

cludes Saturday and/or Sunday, said holidays which fall on Saturdaywill be observed the Friday before the holidays; said holidays which fallon Sunday will be observed on the Monday after the holiday. For em-

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ployees whose regularly scheduled workweek includes Saturday and/orSunday, said holidays which fall on either Saturday or Sunday will beobserved on that day. Whenever said holiday falls during an em-ployee's vacation period, the Employer shall have the option of grantingthe employee an extra day's pay or an extra day of vacation at a timemutually agreed upon between the employee and the department head,provided the employee works the full scheduled workday immediatelypreceding and the full scheduled workday immediately following suchvacation period, unless such absence is for a reason the Employerfinds to be valid, such as receiving pay for sick days.

Section 6.6 Use of Compensatory TimeAn employee shall use his/her compensatory time within ninety

(90) days after it is earned. If, however, an employee's request to usesaid compensatory time is denied by the Employer, he or she may con-tinue to carry such time for up to one year, whereupon the employeemay ask for liquidation of said compensatory time in cash, or may, sub-ject to the approval of the Employer, continue to carry over such com-pensatory time.

ARTICLE 7LEAVES

Section 7.1 Leaves with PaySection 7.1.1 Bereavement Pay

In the event of a death in an employee's immediate family, suchemployee shall be entitled to a leave of absence up to a maximum ofthree consecutive days including the day of the funeral. Where deathoccurs and the funeral is to be held out of Illinois and beyond the statescontiguous thereto, the employee shall be entitled to a maximum of fiveconsecutive days. During such leave, an hourly employee shall receivehis/her regular straight time pay for such time as she/he is required tobe away from work during his/her regularly scheduled hours of work(not to exceed eight hours per day). Salaried employees shall receivethe leave of absence without additional compensation.

The employee's immediate family shall be defined as: mother,father, husband, wife, brother, sister (including step or half), son ordaughter (including step or adopted), fatherin-law, mother-in-law,daughter-in-law, son-in-law, sister-inlaw, brother-in-law, grandparents,grandchildren, courtappointed legal guardian, and a person for whomthe employee is a court-appointed legal guardian. The employer may,at its option, require the employee to submit satisfactory proof of deathand/or proof of the relationship of the deceased to the employee.

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Section 7.1.2 Military LeaveAny employee who is a member of a reserve force of the United Statesor of the State of Illinois, other than the National Guard, and who is or-dered by the appropriate authorities to attend a training program or per-form other duties under the supervision of the United States or theState of Illinois, shall be granted a paid leave of absence during the pe-riod of such activity, but not to exceed fourteen (14) calendar days inany calendar year, provided that the employee deposits his/her militarypay for all days compensated by the Employer with the City Comptrol-ler. Any employee who is a member of the National Guard of the UnitedStates or of the State of Illinois and who is ordered by the appropriateauthorities to attend a training program or perform other duties underthe supervision of the United States or the State of Illinois, shall begranted a paid leave of absence during the period of such activity, butnot to exceed fifteen (15) calendar days in any calendar year, providedthat the employee deposits his/her military pay for all days compen-sated by the Employer with the City Comptroller. Any reservist called foractive duty on or after September 11, 2001, shall be entitled to fullsalary and medical benefits, provided that paid leave shall be condi-tioned upon payment of military pay to the Comptroller. The right to thisadditional paid leave shall automatically terminate upon termination ofactive duty.

Said paid leaves of absence shall not reduce the employee'svacation or other leave benefits.

Section 7.1.3 Jury Duty Leave/SubpoenaAn employee who serves on a jury or is subject to a proper sub-

poena (except if the employee is a party to the litigation) shall begranted a leave of absence with pay during the term of such absence,provided that the employee deposits his jury duty pay with the CityComptroller.

Section 7.1.4 Sick LeaveSalaried employees who are granted paid sick leave as of the

execution of this Agreement shall continue to receive the same sickleave provisions during the term of this Agreement, so long as he/shecontinued to work under a classification that was receiving sick leave atthe execution of the Agreement. An employee shall have the option touse up to six days of sick leave per year for the illness of an immediatefamily member.

Notwithstanding the foregoing, effective January 1, 1998 andthereafter, said employees who receive paid sick time shall accrue sicktime at the rate of one (1) day for each month of employment. In theevent an employee is hospitalized, upon request of the employee, the

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Employer will make available to said employee up to the full amount ofsick time the employee would have accrued for the remainder of thatcalendar year as if he/she were actively employed, in order to cover theabsence resulting from the hospitalization and recovery. Upon his/herreturn to work, the employee will begin to accrue sick time with the startof the next calendar year. The Employer reserves the right to require anemployee to provide documentation of the illness in question.

Section 7.2 Leaves Without PaySection 7.2.1 Personal Leave

Non-probationary employees may apply for leaves of absencewithout pay for personal reasons. The grant and duration of suchleaves shall be within the discretion of the Employer. Seniority shall ac-cumulate for employees on said leaves. Employees who return fromsaid leaves shall be reinstated to their former job classification, if theEmployer determines it is vacant or if it is then occupied by an em-ployee with lower seniority. If the employee's former job is not availablebecause the employee would have been laid off if the employee hadnot been on a leave of absence, the employee may exercise seniorityrights in accordance with and subject to the layoff, recall and break-in-service provisions of this Agreement.

Bargaining unit employees who have completed their first 12months of employment and who have worked 1,250 hours in the pre-ceding 12 month period shall thereafter be entitled to family and med-ical leave for a period of up to twelve (12) work weeks during anytwelve (12) month period for any of the following reasons:

(1) for the birth of an employee's child and to care forthe newborn child;(2) for the placement with the employee of a child foradoption or foster care;(3) to care for the employee's spouse, child or parentwith a serious health condition;(4) due to a serious health condition affecting theemployee.

Such leave shall be without pay unless the employee deter-mines to substitute accrued paid leave for which the employee is eligi-ble. During any leave taken under this Article, the employee's healthcare coverage shall be maintained and paid for by the employer, as ifthe employee was working and seniority shall accrue.

Any employee desiring to take leave under this Section shallprovide reasonable advance notice to the employer on a form providedby the employer, which form shall be approved by the Union. Reason-able advance notice shall be no less than ten (10) days; and where ad-vance notice cannot be provided, the employee shall provide notice

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within 48 hours after the employee is able to do so. Failure to providethe notice provided for in this Section shall not affect the validity of theleave where the employer has actual notice. Except as may be specifi-cally stated in this Agreement, employees shall take leave provided foras permitted by the provisions of the Family Medical Leave Act, includ-ing its rules and regulations. Employees shall have a right to return totheir regular assignment and location.

Section 7.2.2 Medical LeaveNon-probationary employees shall be granted medical leaves of

absence upon request. Said medical leaves of absence shall begranted for up to 3 months, provided said leaves shall be renewable forlike 3-month periods. The employer may request satisfactory proof ofmedical leaves of absence. After the first year, such medical leavesshall be extended in up to one year segments. Employees on medicalleaves of absence shall return to work promptly after their doctor re-leases them to return to work.

Employees who return from said medical leaves of absencepromptly after their doctor's release within one year shall be reinstatedto their former job/classification according to the following schedule. Ifan employee returns within six (6) months of the start of the leave, theEmployer shall reinstate the employee to his/her previous geographiclocation and job assignment. If an employee returns from leave morethan six (6) months but less than one (1) year from the start of theleave, the employee may request the right to return to his/her previousgeographic location and job assignment, which request shall not be un-reasonably denied by the Employer. In addition, the employer will returnan employee to the same geographic location of his or her previous jobassignment for a period of up to one year after the start of the leave. Ifthe employee's former job is not available because the employee wouldhave been laid off if the employee had not been on a leave of absence,the employee may exercise seniority rights in accordance with and sub-ject to layoff, recall and break-in-service provisions in this agreement.

After one year on an approved medical leave of absence, em-ployees who return to work promptly after their doctor's release andwho meet the following continuous service requirements shall be rein-stated as described above according to the following formula: three (3)months of such reinstatement rights for every year of service to a maxi-mum of five (5) years reinstatement rights.

An employee who does not meet the above eligibility require-ments and who returns to work promptly after his/her doctor's releaseafter more than one year on a medical leave of absence, shall be re-turned to his/her former job classification if the job is vacant. If not, theemployee will be placed on a list for reinstatement.

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Seniority shall accumulate for employees on medical leaves ofabsence for only up to one year. After one year, an employee on amedical leave of absence shall retain, but not accumulate, seniority.

An employee returning from medical leave of absence onhis/her scheduled return date will be reinstated on the next regularlyscheduled work day following that return date, provided the employeecomplies with all of the Employer's conditions of returning to work. Inthe event an employee desires to return to work before his scheduledreturn date, the Employer will reinstate the employee not later thanfourteen (14) days following the Employer's receipt of the employee'swritten request to return to work and an accompanying doctor's note,assuming no dispute as to the employee's fitness for duty.

Section 7.2.3 Duty Disability LeavesAny employee who is absent from work due to an injury on duty

shall be granted a leave of absence. The Employer will mail the initialDuty Disability payment within ten working days upon receipt of verifiedauthorization from the approving authority. Subsequent payment for eli-gible 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 datethe amount the employee was eligible to receive. Employees who re-turn from said leaves shall be reinstated to their former job classifica-tion, and assignment, in accordance with the Employer's historicalpractice, if it is vacant or if it is then occupied by an employee withlower seniority. If the employee's former job classification is not avail-able because the employee would have been laid off if the employeehad not been on a leave of absence, the employee may exercise sen-iority rights in accordance with and subject to the layoff, recall andbreak-in-service provisions of this Agreement.

The Employer will mail the initial Duty Disability payment withinfourteen (14) days of the Employer's designated medical officer beingadvised by the employee or his physician of the occurrence of a job-re-lated injury, provided that there is no dispute as to employee's entitle-ment to Duty Disability.

Section 7.2.4 Return from LeavesAll employees who return from leaves of absence shall, as a

condition of their return, have the present ability to perform the requiredwork to the Employer's satisfaction without further training after a rea-sonable amount of orientation. If the employee returns from a leave ofabsence of 30 days or less, the Employer will make every effort to re-turn the employee to the employee's same or similar position and loca-tion.

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Section 7.2.5 Education LeaveIf employees are required by the Employer to take courses on a

part-time basis so as to retain their present position, such employeesshall be reimbursed for the full costs of tuition. If employees are re-quired by the Employer to attend such courses during the regular workday, the Employer shall grant such employees time off without loss ofpay to attend such courses. If employees are required by the Employerto take courses on a full-time basis so as to retain their present position,such employees shall be granted a leave of absence without loss of payand shall be reimbursed for the full costs of tuition.

ARTICLE 8RECORDS AND FORMS

Section 8.1 Attendance RecordsAn employee upon reasonable advance notice shall have the

right to review his/her time and pay records on file with the Employerbut shall not be able to review the time and pay records of other em-ployees. Upon reasonable advance notice, the Union shall have theright to review employee time and attendance records in order to ad-minister the collective bargaining agreement.

Section 8.2 Personnel FilesThe Employer shall notify the Union as to what constitutes the

employee's official personnel files. The Employer's personnel files,which shall include information such as tax withholding records, per-sonal action reports, performance evaluations, letters of accommoda-tion or complaint, health insurance information and which shall furtherinclude all information and investigative reports, if any, which formed thebasis of any adverse personnel action or discipline against the Em-ployee, shall be available for inspection, as provided herein, duringhours determined by the Employer, except if excluded by law or ordi-nance. The personnel file, upon request of the Union, shall be immedi-ately available for inspection. In those instances in which the file is notin its assigned location, then said file must be obtained and supplied tothe Union in no more than five (5) working days. An Employee must re-ceive access to his or her file no later than five (5) working days fromthe date of the request. Reasonable requests by the employee or theUnion to copy documents in the file shall be honored at cost to the re-questing party. Material and/or matter not available for inspection shallnot be used in any manner or any forum adverse to the employee's in-terest.

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Section 8.3 ContentsNo information may be used against an employee in any ad-

verse way or disciplinary proceeding until it has been made part of theofficial personnel file or provided for inspection. The employee mayhave placed in his/her personnel file a rebuttal to anything placed insaid file.

Section 8.4 Employee NotificationA copy of any disciplinary action or material related to em-

ployee performance which is placed in the official personnel file shall beserved upon the employee in person (the employee so noting receipt)or, sent by certified mail (return receipt requested) to the employee'slast address appearing on the records of the Employer. It is the obliga-tion of such employee to provide the Employer with his/her current ad-dress. Employees who provide the Employer with any change ofaddress in writing shall receive a date-stamped receipted copy from theEmployer, and a copy of such receipt will be mailed to the office of theappropriate local Union.

Section 8.5 Undated FormsNo Supervisor or other person in a position of authority shall

demand or request that an employee sign an undated resignation on ablank form. No employee shall be required to sign such an undated orincomplete form of any kind.

Section 8.6 Incomplete FormsAny information placed on a form without the employee's

knowledge, or any modification or alteration of existing information on aform subsequent to the form having been signed by the employee shallbe null and void. No such information shall be used against an em-ployee in any hearing or proceeding or for any adverse purpose. Anyemployee required to sign any form prepared pursuant to this Agree-ment shall be given a copy of it at the time the employee signature isaffixed.

Section 8.7 Telephone NumbersThe Employer shall not release an employee's phone number

and/or address to non-work related sources without the employee'spermission. The City Council of the City of Chicago and its committeesin the exercise of its legislative authority shall be considered a work re-lated source within the meaning of this Section.

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ARTICLE 9HOURS OF WORK AND OVERTIME

Section 9.1 PurposeThis Article is intended to define the work week, establish schedulesand serve as the basis for the calculation of overtime. It shall not beconstrued as a guarantee of work or hours for any day or week exceptas expressly provided herein. Under no circumstances shall hours bechanged solely to avoid the payment of overtime.

Section 9.2 Definition of The Work WeekSection 9.2.1 Non-Salaried Employees

For all non-salaried employees the normal work week shall con-sist of five (5) consecutive eight (8) hour days, with an additional one-half hour unpaid lunch period to be scheduled by the Employer midwaythrough the day, Monday through Friday, and two consecutive days off.Upon execution of this Agreement, such employees shall maintain ex-isting schedules in accordance with current practice, except as to start-ing times under Section 9.3.1 or as provided in Section 9.3.2.

Section 9.2.2 Salaried EmployeesFor salaried employees the normal work week shall consist of

five consecutive eight hour days, including a one hour unpaid lunch tobe scheduled by the Employer midway through the day, Mondaythrough Friday, with no reduction in rates of pay. Salaried employeeswho work with field personnel shall have the same lunch schedule asthe field personnel except where other salaried personnel have a onehour lunch schedule (in the same work unit but in a different bargainingunit).

Section 9.2.3 Refuse CollectorsRefuse collectors in the Bureau of Sanitation work a normal

schedule under Subsection 9.2.1 from 7:00 a.m. to 3:30 pm., with one-half hour unpaid lunch. Refuse collection laborers shall upon reason-able request, perform traditional duties in accordance with pastpractices. In summer months the City may change the starting time to6:00 a.m., under Subsection 9.3, in accordance with past practice.

Section 9.3 Starting TimesSection 9.3.1 Shift Schedules

Shifts of eight (8) hours per day, including one half hour of un-paid lunch periods, under Section 9.2 may be scheduled by the Em-ployer within the following starting times:

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First Shift 6:00 - 8:00 a.m.Second Shift 2:00 - 4:00 p.m.Third Shift 10:00 - 12 MidnightSuch scheduling changes shall reflect operational needs within

Departments. Such changes in shift schedule starting times shall re-quire fourteen (14) calendar days' notice in writing to the Union and theaffected employees. Said notice shall specify the Department, Bureau,work unit, crew and/or individuals involved and the change of startingtime to be implemented. Employees shall not have their shift startingtimes changed more than eight (8) times in a calendar year.

An employee whose shift starting time is changed under thisprovision and who requires more than fourteen (14) days notice for se-rious personal or family reasons, may request additional time to changestarting times and such requests shall not be unreasonably denied. Ifnecessary, during such request period not to exceed ten (10) workingdays beyond the date contained in the notice, such employee's in-tended change of starting time may be filled by detailing under Section15.5 of this Agreement, and the employee making such request may beassigned to fill the assignment of the detailed employee. The Union andaffected employees shall be notified as soon as such detailing is deter-mined.

Failure of a Department to give notice under this provision shallrequire the payment of premium time at the appropriate rate to all af-fected employees until this provision is complied with.

All changes in shift starting times made pursuant to this provi-sion shall start on a Monday (or on the first day of the employee's cur-rent work week) and shall be for a minimum of one (1) work week.

Nothing provided herein shall mean that the normal work weekprovided in Sections 9.2.1 and 9.2.2 (Monday through Friday on currentexisting schedules) may be changed without the express written agree-ment of the Union.

Section 9.3.2 Change of Shift ScheduleWhenever the City believes it is necessary to temporarily

change (a) a scheduled shift assignment or (b) the starting time or suchassignment outside the above listed normal starting times for shifts theUnion and affected employees shall be given at least 10 days writtennotice and shall be advised as to the reason for the change(s) and theduration thereof. In an emergency the City shall give as much notice aspossible. As soon as the temporary necessity is alleviated normal as-signment and scheduling shall be resumed. The parties acknowledgeand agree that changes under this subsection shall be limited to situa-tions where changes in starting times are required because of Statelaw, ordinance, regulation or safe working conditions. Temporary

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changes for reasons other than those described herein shall not be im-plemented without the written consent of the Union, provided that suchconsent shall not be unreasonably withheld. The appropriate rate ofovertime shall be applicable to all hours worked before or after an em-ployee's regularly assigned shift and no starting time or shift schedulewill be established or altered for the purpose of avoiding payment ofovertime.

Section 9.3.3 Permanent Changes in Shift ScheduleIn the event the Employer desires to permanently change a

scheduled shift assignment or starting time for such assignment outsidethe above listed normal starting times in Section 9.3.1 above, the Em-ployer shall seek the Union's written consent, which shall not be unrea-sonably withheld. If the Union does not give its consent, the Employermay submit to expedited arbitration the issue of whether the proposedpermanent change is reasonable. The Employer shall not implementthe change until 30 working days after the Union's withholding of con-sent or receipt of the arbitrator's decision sustaining the reasonablenessof the change, whichever occurs first, provided the Employer fully coop-erates in the selection of an arbitrator and participation in a hearingwithin the said 30 day period. Otherwise the date of the award shallgovern the implementation of the change.

Section 9.4 Call in GuaranteeSection 9.4.1 Outside Regular Working Hours

Employees called in outside their regular working hours shallreceive not less than 2 hours work or pay at their appropriate overtimerate under 9.7, except that on the sixth day all hours worked outsideregular starting times or quitting times shall be at double time and theseventh day shall be at double time. Employees scheduled for workoutside their regular working hours shall receive not less than 4 hourswork or pay at their appropriate overtime rate under 9.7, except that onthe sixth day all hours worked outside regular starting times or quittingtimes shall be at double time and the seventh day shall be at doubletime.

Section 9.4.2 Contiguous to Regular Working HoursWhere call-in is contiguous to the start of a shift, but begins less

than four hours before the regularly scheduled shift, the two hour guar-antee shall not apply, however, the employee shall receive overtime atthe appropriate rate for the call-in time worked and the regularly sched-uled shift shall not be shortened for the purpose of avoiding overtime.

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Section 9.5 Reporting PayWhen an employee reports for his or her regularly scheduled

shift, the employee shall receive a minimum of two (2) hours work orpay at the employee's regular straight time hourly rate, unless the em-ployee was told at least three hours prior to his or her normal startingtime not to report for work, except for reasons beyond the Employer'scontrol. To be eligible for pay under this provision, employees must ad-vise the designated person within the Department of his or her currenttelephone number.

If the employee works more than two (2) hours, he or she shallreceive a minimum of four(4) hours work or pay for that day. If the em-ployee works more than four (4) hours, he shall be guaranteed eight (8)hours work or pay for that day. An employee who does not complete anormal eight (8) hour shift because he or she is sent home by the Em-ployer shall have the option of using a portion of accrued vacation, per-sonal or compensatory time for that day upon notice to the Employer.

Section 9.6 Notice of and Distribution of Overtime(a) When overtime is scheduled beyond the regular workweek

(e.g. Saturday, or 6th day where applicable; Sunday, or 7th day whereapplicable) the Employer will give employees so scheduled at least 23hours' advance notice. Emergency scheduling of overtime during theregularly scheduled work week only shall require 16 hours notice toemployees and the Union. The advance notice requirements apply ifsuch lead time is available to the Employer.

(b) Overtime and/or premium time referred to in this Agreementshall be offered first to the employee performing the job and thereafterto volunteers, with the most senior employee or volunteer in the jobclassification at the work location being given the opportunity to work.Where employees in a classification(s) are needed for overtime at a lo-cation where such employees are not ordinarily assigned, such over-time shall be rotated within the classification as equitably as possible,provided the employee has the present ability to perform the work. Areasonable amount of overtime shall be a condition of continued em-ployment, provided however, that in the event such offers of overtimeare not accepted by such employees, the Employer may mandatorilyassign such overtime by inverse seniority. Each Department shall main-tain and post overtime rotation lists, which shall be made available tothe Union upon request.

(c) Employees in the classification at the work location whohave been given the option to work the overtime and/or premium time,whether the option was accepted or rejected, will not be afforded theoption to work subsequent overtime and/or premium time until all em-ployees in the classification at the work location, have been reasonably

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afforded the opportunity to work the overtime and/or premium time, sub-ject to the same provision as in paragraph (a) of this Section.

Section 9.7 Payment of OvertimeSection 9.7.1 Payment

All overtime shall be paid in the next regular paycheck. All workperformed in excess of eight (8) hours worked in any workday, includingwork required to be performed immediately before or after any sched-uled workshift, shall be paid at one and one-half (1-1/2) times the regu-lar straight-time rate of pay, except:

(a) All work performed in excess of 10 ½ hours worked in anyworkday, including work required to be performed before or after anyscheduled workshift, shall be paid at two (2) times the regular straight-time hourly rate of pay, it being understood that only work scheduledwithin two and one-half hours immediately before or after a shift, as thecase may be, shall be subject to payment of overtime at time and one-half.

(b) All work performed during the first eight hours on the sixthday of any workweek shall be paid at one and one-half (1-1/2) times theregular straight-time rate of pay except as provided in Section 9.4.1.

(c) All work performed in excess of eight hours on the sixth dayof any workweek, shall be paid at two (2) times the regular straight-timerate of pay.

(d) All work performed on the seventh day of any workweekshall be paid at double the straight-time rate of pay.

(e) Work performed by salaried employees between 35 and 40hours worked per week (when such is not part of their regularly sched-uled work week) which is not covered above, shall be compensated atstraight time in the form of compensatory time.

Section 9.7.2 Compensatory TimeEmployees exempt from the provision of the Fair Labor Stan-

dards Act shall not be entitled to overtime compensation, but shall con-tinue to receive compensatory time off on an hourfor-hour basis forovertime hours worked in accordance with past practice, except undersubsections (b),(c) and (d) above.

Section 9.8 Medical AttentionIn case of an accident requiring medical attention during work-

ing hours, employees shall be permitted to go or be taken for medicalattention at once, and shall be paid for time lost that day.In the event such injured employee is permitted to continue working bythe doctor, but required to return for periodic medical attention duringworking hours by the Employer doctor, such injured employee shall be

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paid for time lost.

Section 9.9 StandbyWhere the Employer requires an employee to remain on

standby, available for work, and the employee is not able to come andgo as he/she pleases, such time shall be paid as time worked.

Section 9.10 Deferred CompensationThe Employer's policy which is in effect at the execution of this

Agreement, pertaining to deferred compensation, shall be afforded toall employees of the Employer without change during the term of thisAgreement.

Section 9.11 Meals SchedulingAll employees shall receive their lunch break no later than 5-1/2

hours after they start work.For employees who are scheduled to work a consecutive shift

schedule past practice regarding meal scheduling, including payment,shall continue.

Section 9.12 Degree Days(a) Locals 1001 and 76. In accordance with current practice, in

Departments which historically curtailed operations due to low tempera-ture and/or other weather factors, the Standard Temperature Station willbe the Airport determined by the Department. A Department will notchange the traditional historic factors at which its operations have beencurtailed without notice to and consultation with the Union.

Days off because of Degree Days will be credited for purposesof computing seniority and benefit entitlement. Days off because of De-gree Days will be assigned first to all seasonal employees and then toprobationary employees, and then, if necessary, on a rotating basis byinverse seniority to career service employees within the Bureau.

An employee scheduled for a Degree Day must continue to betold on the preceding work day to call the assigned Bureau or Depart-ment at least an hour prior to the normal starting time the morning ofhis/her Degree Day to ascertain whether he/she shall report to work. Anemployee shall have no claim under this Agreement if the employeefails to comply with this Section.

In the event that employees are sent home during the work daybecause of temperature or other weather-related factors, and there is aneed for additional work to be performed in other locations, the Em-ployer will assign such work to employees that otherwise may be senthome on a rotating basis of seniority. (b) Members of Local 1092 willnot be scheduled off because of Degree Days.

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Section 9.13 Emergency Call PayIn the event a General Foreman or Foreman is directed by the

Employer to respond to emergency calls from home and outside of hisor her regular working hours, he or she will be granted compensatorytime at the appropriate rate for all verified time spent responding to theemergency from home, with a minimum of 15 minutes of compensatorytime to be granted in any calendar day on which any such emergencyresponses were required, up to a maximum of two hours of compensa-tory time in any calendar day.

ARTICLE 10VACATIONS

Section 10.1 Vacation EligibilityEmployees shall be eligible for paid vacations as of January 1

of each year following the year in which they were employed. An em-ployee will earn the following amounts of paid vacation, based on suchemployee's continuous service prior to July 1, following his/her January1 eligibility.Continuous Service Prior to July 1 Vacation

Less than 6 years 13 days6 years or more, but lessthan 14 years 18 days14 years or more 23 daysAfter 24 years 24 daysAfter 25 years 25 days

Section 10.2 Pro Rata VacationsAn employee shall be eligible for pro rata vacation if:1. The employee did not have twelve (12) months of continuous

service in the preceding calendar year and is on the payroll as of Janu-ary 1 of the current calendar year; or

2. The employee was separated from employment, other thanfor cause, during a calendar year in which the employee did not havetwelve (12) months of continuous service.

The amount of pro rata vacation is determined by dividing thenumber of months of continuous service the full-time employee workedin the previous/current calendar year, whichever is applicable, by 12;the resulting figure is multiplied by the amount of paid vacation forwhich the employee is eligible in Section 10.1 above and will be paid ona supplemental payroll as soon as practicable following the last dayworked. Any fraction is rounded off to the nearest whole number ofdays.

Part-time employees who work at least 80 hours per month

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earn vacation on a pro rata basis calculated in accordance with the for-mula used by the Employer in accordance with past practice.

Section 10.3 Forfeit of VacationAll earned vacation leave shall be forfeited unless (1) the em-

ployee was denied vacation by the employer, or (2) the employee is onan approved leave of absence, or (3) the employee elects in writing tocarry over up to three such vacation days for use individually or con-secutively during the next vacation year, provided that notice of suchelection shall be given to the employer before December 15 of the va-cation year. Such carry over vacation days must be scheduled uponmutual agreement of the employer, which agreement shall not be un-reasonably denied or withheld, and such carry over days must be takenon or before April 30 of the next vacation year (or within six (6) months,in the case of an employeeʼs return from an approved leave of ab-sence). Employees on duty disability shall retain any vacation leaveearned prior to being placed on duty disability leave, together with allvacation time earned during the period of duty disability for the twelve(12) months following the date in which the person became disabled,and shall be entitled to use such vacation time within twelve (12)months following their return to work.

Section 10.4 TerminationEmployees who are terminated for cause are not entitled to any

vacation pay not taken. Employees shall not earn vacation credit forany period during which they are on layoff or leave of absence withoutpay in excess of 30 days (except where such leave was adjudged eligi-ble for duty disability) or engaged in conduct in violation of Article 12 ofthis Agreement. In the event of the death of an eligible employee, thesurviving widow, widower or estate shall be entitled to any vacation payto which the deceased employee was entitled.

Section 10.5 RateThe rate of vacation pay shall be computed by multiplying the

employee's straight time hourly rate of pay in effect for the employee'sregular job at the time the vacation is being taken, times 8 hours perday, times the number of days' vacation to which the employee is enti-tled. Salaried employees shall receive their regular salary in effect atthe time the scheduled vacation is taken.

Section 10.6 PicksVacation picks will be granted by classification seniority among

the employees in the same work location, provided however, the De-partment Head shall have the right to determine the number and sched-

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uling of crews and employees who can be on vacation at any one timewithout hindering the operation of the Department.The Department willnot designate any time or period during the calendar year when eligibleemployees would be prohibited from scheduling and taking vacationtime.

Employees shall make vacation picks at a time and in the man-ner currently provided for by their Department. The Department will re-spond to the employees' request for specific vacation dates within areasonable period of time after the request is made, but not more thanfourteen (14) days from the date the request is received by the Depart-ment, except in cases where the request is made for a vacation to bescheduled within fourteen (14) days. The Department will not arbitrarilycancel an approved vacation selection absent a severe emergency situ-ation caused by an act of God (e.g., snow, flood, storms), a severemanpower shortage which may seriously hinder the Department's oper-ations, or where an employee possesses a unique skill indispensable tothe immediate performance of a Department's operation. Any such can-cellation of the vacation pick shall result in the payment of the vacationpay (thereby reducing the total of the employeeʼs accrued vacationtime) plus payment to the employee of the appropriate pay rate for allhours worked as if it were a normal work day, or for a normal work day,whichever is greater, unless the employee voluntarily agrees toreschedule the vacation days lost.

Cancellation of approved vacation requests which would resultin serious provable financial loss to an employee shall occur only in themost extreme emergencies. In the event of such cancellation, the Em-ployer will reimburse the employee for reasonable losses incurred as adirect result of the cancellation, (e.g., cost of rescheduling airline tick-ets, deposit forfeitures, and the like).

Section 10.7 Prior ServiceAny employee of the City of Chicago hired prior to February 13,

1986 who has rendered service to the County of Cook, the ChicagoPark District, the Chicago Housing Authority, the Forest Preserve Dis-trict, the Metropolitan Sanitary District of Greater Chicago, the State ofIllinois, the Chicago Board of Education, the City Colleges of Chicago,Community College District 508, the Chicago Transit Authority, the Pub-lic Building Commission of Chicago, the Chicago Urban TransportationDistrict, and the Regional Transportation Authority, shall have the rightto have the period of such service credited and counted for the purposeof computing the number of years of service as an employee of the Cityfor vacations, provided that such service has been continuous service.However, vacation time accrued while working for another publicagency is not transferable.

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Employees hired after February 13, 1986 who render service for anyother employer as stated above shall have the right to have the periodof such service credited and counted for the purpose of computing thenumber of years of service as an employee of the City for vacations,provided a majority of other employees of the Employer receive suchcredit.

Section 10.8 Non-Consecutive Vacation DaysEmployees may receive up to five of their vacation days one or

more day(s) at a time as days off in each year. Such days off shall bescheduled pursuant to Section 10.6 above. Such day(s) off shall be ap-proved by the employee's supervisor and such approval shall not beunreasonably withheld. If the employee seeks such days so late in thevacation year that the employee's supervisor cannot reasonably grantthe employee's request, such days shall be scheduled by the Employerprior to the year-end.

Employees may designate and use at their option up to five (5)of their vacation days in each year of this Agreement as sick days tocover periods of bonafide medical illness. The Employer reserves theright to ask the employee to furnish proof of said illness. An employeedesiring to use vacation days as sick days under this provision shall in-form the representative of the Employer who employees are told is des-ignated for such purposes of that fact at the time he/she calls in toreport an illness. In April and September of each year, departments willprovide each employee with current information as to the number of va-cation days as sick days he or she has taken to date, and the numberof such days he or she still has available. Salaried employees who cur-rently are receiving sick days under this Agreement shall be ineligible touse vacation days as sick days while they have available unused sickdays.

ARTICLE 11CONTINUOUS SERVICE

Section 11.1 DefinitionContinuous service means continuous paid employment from

the employee's last date of hire, without a break or interruption in suchpaid employment. In addition, an employee earns continuous servicecredit even though he or she is not paid for:

1. An unpaid leave of absence of one(1) year or less or layoff;or

2. An absence where the employee is adjudged eligible for dutydisability compensation.

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Section 11.2 Interruption in Service(a) Non-seasonal employees who work a minimum of eighty

(80) hours per month shall be credited with continuous service for thetime worked. Continuous service credit will not be earned for:

(1) absences without leave(2) absences due to suspension(3) unpaid medical leave of absence for more than 30

days or layoff for more than 30 days, unless employ-ees are allowed to accumulate seniority under thisAgreement.

(b) Seasonal employment of 120 days or less in any calendaryear shall not be credited toward continuous service for the timeworked.

(c) Seasonal employment in excess of 120 calendar days inany calendar year shall be credited toward continuous service.

Section 11.3 ReciprocityEmployees hired prior to February 13, 1986 who have rendered

service to the County of Cook, the Chicago Park District, the ForestPreserve District, the Chicago Housing Authority, the Metropolitan Sani-tary District of Greater Chicago, the State of Illinois, the Chicago Boardof Education, City Colleges of Chicago, Community College District508, the Chicago Transit Authority, Public Building Commission ofChicago, the Chicago Urban Transportation District and the RegionalTransportation Authority shall have the period of such service creditedand counted for the purpose of advancement within longevity salaryschedules. However, employees hired after February 13, 1986 who ren-der service for any other employer as stated above shall have the rightto have the period of such service credited and counted for the purposeof advancement within longevity salary schedules provided a majority ofother employees of the Employer receive such credit.

Section 11.4 Break in ServiceNotwithstanding the provisions of any ordinance or rule to the

contrary, continuous service of an employee is broken, the employmentrelationship is terminated, and the employee shall have no right to berehired, if the employee quits, is discharged, retires, is absent for five(5) consecutive work days without notifying the employee's authorizedEmployer representative unless the circumstances preclude the Em-ployee, or someone on his behalf, from giving such notice, does not ac-tively work for the Employer for twelve (12) months (except forapproved full time Union representative leaves or medical leaves of ab-sence and duty disability leaves), or is on layoff for more than twelve(12) consecutive months if the employee has less than five (5) years of

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service at the time of the layoff, or is on layoff for more than two (2)years if the employee has five (5) or more years of service at the timeof the layoff.

Section 11.5 Probationary EmploymentNew employees will be regarded as probationary employees

for the first six (6) months of their employment and will receive no sen-iority or continuous service credit during such probationary period. Pro-bationary employees continuing in the service of the Employer after six(6) months shall be career service employees and shall have their sen-iority date made retroactive to the date of their original hiring.

Probationary employees may be disciplined or discharged asexclusively determined by the Employer and such Employer actionshall not be subject to the grievance procedures, provided that, if theEmployer, within its discretion, rehires a former employee who did notcomplete his/her probationary period within one year from the em-ployee's termination, and said former employee had served 90 days ormore of his/her probationary period, all time previously served in theprobationary period shall be counted for purposes of determining whenthe said employee completes his/her probationary period. A probation-ary employee who has served 90 days or more of his/her probationaryperiod and who is laid off shall be given preference over other appli-cants for employment in the same job title in the department from whichhe/she was laid off, so long as he/she does not refuse an offer of em-ployment, and does not suffer a break in service under Section 11.4 ofthe Agreement.

Probationary employees shall not be eligible for dental or visioninsurance but shall receive all other benefits under this Agreement. Pro-bationary employees shall be compensated at the same rate as careerservice employees.

Section 11.6 Seasonal EmploymentA seasonal employee is an employee who is employed in a job

title for a period not to exceed 180 calendar days for temporary workrelated to or caused by seasonal needs. Such appointments shall ex-pire automatically at midnight on the 180th day. Such employees maybe reappointed for temporary work related to or caused by seasonalneeds, with the written concurrence of the Budget Director and Com-missioner of Personnel, to an additional thirty-day term which shall ex-pire at midnight of the 30th day. One further said thirty-dayreappointment for the same purposes may be made upon similarBudget Director and Commissioner of Personnel approval. The Em-ployer shall notify the Union of the number and job titles of any suchreappointments. It is understood and agreed that the hiring and reten-

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tion of seasonal employees shall be at the discretion of the Employer.Seasonal appointees shall not become Probationary Career

Service or Career Service employees by virtue of length of service in aseasonal appointment.

Seasonal employees shall not be eligible for holidays, vaca-tions, sick leave for salaried employees, vision care, dental, life and ac-cident benefits, bereavement pay or jury duty, but will be provided withgroup health insurance under the same eligibility and conditions asother employees covered by this Agreement, except that elective med-ical care and preexisting conditions, as those terms are defined in thestandard group insurance policy, shall be excluded.

Seasonal employees shall be compensated at the same rate ascareer service employees. Seasonal employees may be disciplined ordischarged as exclusively determined by the Employer and such Em-ployer action shall not be subject to the grievance procedures.

Seasonal employees shall be eligible for recall to seasonal po-sitions in which they have accumulated either (a) four (4) months ofsaid seasonal service during the 1984-85 winter season, or (b) five (5)months of said seasonal service from and after July 1, 1983, providedthat such employees:

1. shall not have received a negative evaluation during their lastseasonal appointment and shall not have received (a) more than onewritten warning or (b) a disciplinary suspension in any Employer posi-tion;

2. shall be available, fit for duty and subject to the same pre-employment screening procedures as are new applicants for employ-ment when recalled, and shall have the present ability without furthertraining to immediately perform the duties of the position to which theyare recalled;

3. shall not refuse recall. Upon recall, the employee shallpromptly notify the Employer of his/her desire to return to work andshall be available to report for employment within seventy-two (72)hours of said notice or the employee shall be deemed to have refusedrecall;

4. shall have been recalled within one year of the expiration oftheir last seasonal employment; and

5. shall not have resigned or incurred a break in service duringa period of appointment.

Employees who do not meet and continue to meet all of the five(5) conditions stated above, shall have their names permanently re-moved from the recall list.

Evaluations shall not be subject to the grievance procedure, ex-cept that the Employer shall not, after January 1, 1985, give a seasonalemployee a negative evaluation for an arbitrary or capricious reason for

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the purpose of preventing the employee from becoming eligible for re-call under this Section, and, only to that limited extent may such Em-ployer action be subject to grievance.

A seasonal employee who is hired on an annual recurring basiswithin one year of his/her last termination; and who accumulated twelve(12) months of said seasonal service from and after July 1, 1983, shallnot be a career service employee but shall receive the benefits underthis Agreement which are given to probationary employees.

Effective January 1, 2001, a seasonal employee who is hiredon an annual recurring basis within one year of his/her last termination,and who accumulates 12 months of said seasonal service, shall receivethe benefits under this Agreement which are given to career serviceemployees, and shall remit full contributions toward their health carecoverage as set forth in Article 9 below.

Effective January 1, 2001, seasonal employees with less than12 months of seasonal service will continue to receive their currentbenefit package, but will pay a pro-rata share of the full contribution to-ward their health care coverage. The amount of that contribution shallbe approximately 90% of the employee medical contribution for careerservice employees. For example, the contributions at selected salarylevels per pay period are as follows:ANNUAL SINGLE EMPLOYEE +1 FAMILYSALARY 0.92529% 1.42173% 1.77345%Up to $30,000 12.50 19.00 22.00$30,001 12.72 19.55 24.38$40,000 15.42 23.70 29.56$50,000 19.28 29.62 36.95$60,000 23.13 35.54 44.34$70,000 26.99 41.47 51.73$80,000 30.84 47.39 59.12Maximum rate 34.74 53.37 66.56

Effective July 1, 2006, these contributions at selected salarylevels per pay period will be adjusted as follows:ANNUAL SINGLE EMPLOYEE +1 FAMILYSALARY 1.2921% 1.9854% 2.4765%Up to $30,000 12.50 19.00 22.00$30,001 14.54 22.34 27.86$40,000 19.39 29.78 37.15$50,000 24.23 37.22 46.43$60,000 29.07 44.68 55.72$70,000 33.92 52.12 65.01$80,000 38.76 59.56 74.30$90,000 43.52 67.01 83.58$100,000 48.46 74.46 92.87

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Following the ratification of this Agreement, the Employer willplace all seasonal Sanitation Laborers who have more than one (1)year of continuous service as of the date of ratification into probationarycareer service sanitation laborer positions. After successful completionof six (6) months probation as per Section 11.5 above, those personswill become career service employees.

Effective upon ratification, in the event the Employer intends toimpose a disciplinary suspension with respect to a seasonal employeewith at least five (5) years of seasonal service, as defined herein, andwhere the suspension would result in a loss of pay for the employee,prior to imposing the suspension, except in an emergency or where theemployee is unavailable, the Employer shall notify the employee andthe Union and, upon request from the Union, will schedule a meetingwith the Union and the employee. At the meeting the Employer will no-tify the employee and the Union of the contemplated disciplinary actionand the reason(s) underlying it. The employee and the Union will begiven the opportunity to respond to the accusations at the meeting. Thismeeting shall be informal and there shall be no witnesses present un-less both parties agree. The Employer may, at its option, conduct fur-ther investigation after this meeting. In the event discipline is imposed itshall not be subject to the grievance procedure, as nothing in this provi-sion shall be deemed as altering the non-Career Service status of sea-sonal employees. This provision shall not apply where the suspensionis the result of application of progressive discipline for violation of theEmployerʼs time and attendance policies, provided that the Employershall, upon request, provide the Union with copies of the employeeʼstime and attendance record. Upon request by either party made afterone year from the date of ratification of this Agreement, the parties shallmeet to discuss any proposed changes to this Section 11.6.

Section 11.7 Hand LaborersHand Laborers (6322) employed in the Department of Streets

and Sanitation shall receive a pay rate equivalent to 60% of the Sanita-tion Laborer rate, effective as of January 1, 2000.

Hand Laborers shall receive the same group health insurancepackage as received by seasonal employees with less than twelve (12)months of seasonal service, and shall pay the same healthcare contri-butions. After twelve (12) months of continuous service, Hand Laborerswill receive the same health insurance package and pay the same con-tributions as seasonal employees with twelve (12) months or more ofseasonal service, but not the other benefits received by such seasonalemployees. On a one-time only basis, on the first day of the month fol-lowing the effective date of this Agreement, all Hand Laborers then em-ployed shall receive the health insurance package and pay the same

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contributions as seasonal employees with more than twelve (12)months of seasonal service.

Hand Laborers are not career service employees and may bedisciplined or discharged as exclusively determined by the Employer.Such Employer action shall not be subject to the grievance procedure.Hand Laborers shall not become Probationary Career Service or careerservice employees by virtue of length of service in their position. TheEmployer will evaluate Hand Laborers from time to time, in order to pro-vide them notice of their performance. Prior to terminating a Hand La-borer, except for egregious offenses as defined in Section 4.1(b) above,the Employer will issue a warning.

Section 11.7.1 Promotion to Sanitation LaborersFor Sanitation Laborer positions filled prior to the ratification of

the new collective bargaining agreement, and pursuant to the terms ofSection 11.7.1 of the 2003-2007 collective bargaining agreement, theEmployer shall offer newly created vacancies in Sanitation Laborer po-sitions first to persons who are employed as Hand Laborers, by order ofseniority. Persons who accept the offer to become Sanitation Laborersshall serve a probationary period of one (1) year, during which timethey may be disciplined or discharged as exclusively determined by theEmployer without resort to the grievance procedure. At the end of thatone (1) year period, they shall become full career service employees.Hand Laborers who accept these Sanitation Laborer vacancies shall bepaid at 70% of the then current Sanitation Laborer rate for the first yearof their employment, and shall be paid at 80% of the then current Sani-tation Laborer rate for the second year of their employment. At the endof their second year of employment as Sanitation Laborers, such per-sons shall be paid at the full Sanitation Laborer rate.

Hand Laborers who become employed as Sanitation Laborersunder this Section shall receive the same benefits as probationary em-ployees for the first year of their employment, and shall receive thesame benefits as career service employees during the second year oftheir employment as Sanitation Laborers. Such persons shall performthe normal duties of Sanitation Laborer, provided, however, that theEmployer will not assign a probationary Sanitation Laborer to the backof a particular truck without a non-probationary Sanitation Laborer onthat same truck.

Section 11.7.2 Promotion - One Man Truck Premium PayFollowing ratification of the new collective bargaining agree-

ment, the Employer will declare newly-created vacancies for SanitationLaborer (TC 6324) positions, to replace all current Hand Laborer (TC6322) positions performing work which the Employer determines is

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needed on a regular, year-round basis. These positions will be offeredfirst to persons who are currently employed in the Hand Laborer jobclassification, in order of seniority. Seasonal terminations of Hand La-borers will not begin until the end of the 2008 season. In addition, allcurrent incumbent Hand Laborers who are still employed by the City asHand Laborers as of October 31, 2008 will be offered Sanitation La-borer positions effective November 1, 2008.

All individuals who are hired as Sanitation Laborers (TC 6324)following the effective date of the new collective bargaining agreementwill be probationary career service for the first six (6) months of theiremployment in the Sanitation Laborer title, and will then become careerservice following the end of that six (6) month period. During the firstyear of employment, all new Sanitation Laborers will be paid at a baserate equal to 70% of the full Sanitation Laborer rate. In the second yearof employment, the rate will be 80% of the full rate. In the third year, therate will be 90%. In the fourth year, these employees will receive the fullSanitation Laborer rate.

In the event that only one full-rate Sanitation Laborer is as-signed to a refuse, recycling or compost truck, that Sanitation Laborerwill be paid a premium of an additional 8.5% per hour above his or herregular base rate of pay for all hours worked as the only Sanitation La-borer on the truck. Effective July 1, 2008, such premium will be in-creased to 9%. In the event that a break-in rate Sanitation Laborer isthe only Sanitation Laborer assigned to a refuse, recycling or composttruck, the hourly premium to be paid that Sanitation Laborer will be thegreater of 8.5% (9% effective July 1, 2008) over that Sanitation La-borerʼs regular hourly rate, or the differential between that SanitationLaborerʼs regular hourly rate, and the regular full Sanitation Laborerhourly rate.

ARTICLE 12GROUP HEALTH, VISION CARE, DENTAL, LIFE

AND ACCIDENT BENEFITS

Section 12.1 Employee Contributionsa) The Employer shall provide to employees and their eligible

dependents Group Health, Vision Care, Dental, Life ($25,000) and Acci-dent benefits as provided to a majority of other employees of the Cityunder the same terms and conditions applicable to said other employ-ees.

1) effective July 1, 2006 employee medical contribu-tions are based on a composite 2.0% of base salary for single, em-ployee and one, and family levels of coverage as specified below. Forexample, the contributions at selected salary levels per pay period areas follows:

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ANNUAL SINGLE EMPLOYEE+1 FAMILYSALARY 1.2921% 1.9854% 2.4765%Under $30,000 $15.71 $23.88 $27.65$30,001 $16.15 $24.82 $30.96$40,000 $21.54 $33.09 $41.28$50,000 $26.92 $41.36 $51.59$60,000 $32.30 $49.64 $61.91$70,000 $37.69 $57.91 $72.23$80,000 $43.07 $66.18 $82.55$90,000 $48.45 $74.45 $92.87$100,000 $53.84 $82.73 $103.19All contributions shall be made on a pre-tax basis and are payable on aper pay period basis.

b) The Benefits provided for herein shall be provided through aself-insurance plan or under a group insurance policy, selected by theEmployer. All benefits are subject to standard provisions of insurancepolicies between employers and insurance companies.

c) A dispute between an employee (or his/her covered depend-ent) and the processor of claims shall not be subject to the grievanceprocedure provided for in the Agreement between the Employer andthe Union.

d) Optional coverage offered by a Health Maintenance Organi-zation (HMO) shall be made available to qualified employees. The Em-ployer may offer coverage under more than one HMO. The employee'soption of selecting an HMO is subject to conditions for eligibility set bythe HMO, notwithstanding anything in this Agreement to the contrary.

e) Where both husband and wife or other family members eligi-ble under one family coverage are employed by the Employer, the Em-ployer shall pay for only one family insurance or family health plan.

f) The current practice permitting employees to use vacation orother time due during an illness in order to keep his/her insurance in ef-fect shall continue for the term of this Agreement.

g) Consistent with the terms of the Employerʼs existing GroupHealth Care Plan, and the applicable rules thereof, employees who arecovered under the Plan shall not lose said coverage solely becausethey have received a disciplinary suspension lasting 30 days or less.Employees on approved FMLA leave shall be entitled to continuedmedical coverage for a maximum of 12 weeks, subject to the terms ofthe Plan and any other applicable provisions of this Agreement. Em-ployees who are receiving duty disability benefits shall be eligible to re-ceive continued medical coverage as provided under the terms of thePlan and its applicable rules. As a condition of continued medical cov-erage, during any such suspension, or FMLA or duty disability leaves,employees must make all individual medical contributions as required

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under this Article and the terms of the Plan and its applicable rules. Inthe event that an employee loses coverage under the Plan, he or shewill be provided notice thereof, the form of which may include, but is notlimited to, a COBRA notice, a HIPAA notice, a written communicationfrom the Employer or its insurance carrier, or some other similar advi-sory.

Section 12.2 Joint Labor Management Cooperation Committee onHealth Care

The City of Chicago and each Coalition Union (the Parties”)agree to create a Joint Labor Management Cooperation Committee(“LMCC”) pursuant to applicable state and federal law. The purpose ofthe LMCC is to research and make recommendations and decisionswithin its authority related to the achievement of significant and measur-able savings in the cost of employee health care during the term of thisAgreement. The Parties shall memorialize their intent to create thisLMCC by executing an Agreement and Declaration of Trust (“TrustAgreement”) contemporaneously with the execution of each CoalitionUnionʼs collective bargaining agreement with the City of Chicago.

Section 12.3 LMCC StructureThe Trust Agreement shall address, without limitation, the fol-

lowing:a. Formation of a Committee to govern the LMCC con-

sisting of up to twenty (20) Trustees, half of the Trustees shall be ap-pointed by the City of Chicago and half of the Trustees shall beappointed by the Coalition Unions.

b. Appointment by the City and Coalition of a Co-Chairand Vice-Cochair as designated in the Trust Agreement.

c. Authority of the LMCC to make recommendationsand modifications in the health plan expected to result in savings andcost containment.

d. Establishment of a Trust Fund with contributions pro-vided by the City of Chicago and third parties.

Section 12.4 DefinitionsFor purposes of this Article, an “employee” shall mean a City

employee represented by signatory labor organizations of this Agree-ment. A “Coalition Union” means signatories to this Agreement whichhave executed a collective bargaining agreement with the City.

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ARTICLE 13LAYOFF AND RECALL

Section 13.1 Reasons for LayoffThe Employer shall have the right to lay off employees by reason oflack of funds, lack of work or abolishment of a position from the annualbudget as approved by the City Council.

Section 13.2 Notice of Layoff or Reduction in ForceA. Preliminary Notice to the UnionWhenever the Employer becomes aware that a layoff may be

necessary and begins to make actual plans to lay off, the Union shallbe notified. Such notice shall state the reasons why layoff is beingplanned or contemplated and shall include, to the best of the Em-ployer's ability, the titles and numbers of employees affected, the bestestimate of the notice Date under Subsection B herein, and such otherdetails as may be available. Upon written request of the Union the par-ties shall meet to discuss the Preliminary Notice.

B. Actual Notice to the UnionThe Union shall be provided with at least 28 calendar days ad-

vance notice of a layoff, except in emergencies beyond the control ofthe Employer, in which event, such notice shall be given as soon asreasonably possible after the Employer knows, but at least five workingdays before the effective date. Such notice shall contain the name, pay-roll number, position, classification, department, work location, if avail-able in the Employer's records, and seniority date of each employeescheduled to be laid off.

C. Actual Notice to EmployeesEach employee scheduled for layoff shall also receive written

notice at least 21 calendar days in advance thereof, or, in emergencies,no less than five work days before the effective date of such layoff.Such notice shall advise the employee of his/her right to bump andother rights concerning vacation, compensatory time, health and othergroup insurance, pension rights, deferred compensation, unemploy-ment compensation and any other information relevant to laid off status.

Section 13.3 Layoff ProcedureA. VolunteersVolunteers for layoff or voluntary reductions in grade in lieu of

layoff shall be permitted by the Employer before involuntary layoffs aremade. Employees in the same classifications and departments in whichlayoffs are contemplated or scheduled shall be notified by posting con-current with the actual notice under this Article. The Union may activelyparticipate in the informing process and shall be allowed to hold meet-

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ings at the beginning or end of the shift on work time and locations upto a maximum of 20 minutes for this purpose. Employees who volunteershall do so in writing no later than 7 days after the volunteers are re-quested. If the layoff is canceled volunteer notices are void.

A volunteer shall remain in layoff status for the period of the lay-off and shall be eligible to exercise recall rights under this Article.

B. Order of LayoffInvoluntary reductions in force shall be made in the following

order: (1) seasonal employees, (2) provisional employees, and (3) pro-bationary employees with less than 90 days of service.

Involuntary layoffs shall be made in the following order: (4) pro-bationary employees with 90 days or more of service; and (5) careerservice employees.

(Locals 1001 and 76 only:) The least senior employee in the af-fected job classification in the department shall be laid off first, providedthe ability and qualifications to perform the required work are relativelyequal among the other employees in the job in the department. "Senior-ity" shall mean, for the purposes of this Article, the employee's servicein the job title (time-in-title). Employees shall retain and accumulateseniority while on layoff. If 2 or more employees have the same senior-ity date, the order of layoff shall be determined by lottery.

(Local 1092 only:) The least senior employee in the affected jobclassification in the department shall be laid off first, provided the abilityand qualifications to perform the required work are relatively equalamong the other employees in the job in the department. "Seniority"shall mean, for the purposes of this Article, the employee's bargainingunit seniority. Employees shall retain and accumulate seniority while onlayoff. If 2 or more employees have the same seniority date, the orderof layoff shall be determined by reverse social security number, with thesmallest number being the most senior.

Section 13.4 BumpingIn the event of a layoff, an employee to be laid off shall have

the following bumping rights in the sequence set forth below:A. (1) An Employee subject to layoff shall have first preference

to fill a vacancy, which exists at the time of layoff, in an equal or lower-rated bargaining unit classification first within the Employee's depart-ment, then in any other department in the bargaining unit, which theEmployer has determined to be vacant, provided said Employee hasthe then-present ability to perform the required work without furthertraining; and, further, provided the rights of Employees under this Articleand under Article 15 and/or Section 21.4 have been exhausted in theunit in which the vacancy occurs. In the event that more than one Em-ployee subject to layoff utilizeshis/her rights under this paragraph, pref-

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erence shall be given to the most senior Employee.(2) A laid off Employee may displace (bump) the least senior

employee, if any, in the most recent equal-rated or lower-rated title or ti-tles the employee to be laid off had held in the Department in the orderof the most recent held; or if none,

(3) The Employee may displace (bump) the least senior em-ployee, if any, in any other equal-rated or lower-rated job title or titlesthe employee has held for 60 days or more, in the order of the most re-cent held, in any other Department covered by the bargaining unit; or ifnone,

(4) The Employee may displace (bump) the least senior em-ployee in any other title held for 60 days or more, in the order of themost recent held, in any other Laborers bargaining unit. (This provision(4) does not apply to Laborers Local 76).

For provisions (2), (3) and (4) above, the least senior employeein the job title (same title code in the same department) shall bebumped out regardless of Laborers bargaining unit.

Employees bumping or filling a vacancy according to these pro-visions must have the then present ability to perform the job without fur-ther training.

In the event that the Employer combines existing departments,employees transferred into said new or reconstituted departments shallbe given a new title code to reflect their respective bargaining units.

B. A laid off employee shall be entitled to only one bump perlayoff.

C. The Employer's current practice with regard to physical ex-aminations shall continue except as modified by the provisions of theagreed to drug testing policy.

Section 13.5 RecallNotice of recall shall be sent by certified mail (return receipt re-

quested) to the last known address of the employee. It shall be the em-ployee's responsibility to inform the Employer of any address change.The duration of an employeeʼs recall rights is governed by Section 11.4(Break in Service).

A. Primary RecallEmployees shall be recalled to the position from which origi-

nally laid off in reverse order of layoff. A laid off employee who fails torespond to a written recall notice within 5 working days of receipt ofsuch recall notice, or, upon acceptance fails to be available for workwithin 5 working days of the recall notice shall forfeit all recall rights, un-less such employee is on duty disability, approved medical leave or hasgood reason acceptable to the Employer for temporary delay in re-sponding to the notice or for not reporting to work. If the Employer can-

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not reasonably delay the employee's recall, the Employer may recall thenext eligible employee and the employee who had said good reason fornot timely reporting shall remain on layoff until the next recall subject tothe break in service provisions of this agreement.

B. Secondary RecallEmployees on a recall list shall also be eligible for secondary

recall on a time-in-title seniority basis to an equal or lower-rated job inany department covered by the bargaining unit(s), provided the em-ployee has the then present ability to perform the equal or lower ratedjob without further training. The employee shall, at the time of layoff,complete the Employer form indicating job interest and skills for the pur-pose of secondary recall.

Preference shall be given to employees in the bargaining unitwhere the vacancy exists. An employee who declines an offer of sec-ondary recall shall maintain his/her place on the seniority list and shallnot be denied the right to accept a subsequent vacancy.

Laid off employees shall be entitled to secondary recall to oneposition only and upon acceptance of such position shall retain primaryrecall rights to the initial job from which they were laid off only. Notwith-standing the foregoing, employees who accept secondary recall to alower-rated position shall have the right to a subsequent equal-rated va-cancy in accordance with seniority within the same bargaining unit fromwhich they were originally laid off only, provided the employee has thethen present ability to perform said job.

Primary recall shall always take precedence over secondary re-call, provided an employee who accepts secondary recall within thesame bargaining unit from which he/she was initially laid off shall be en-titled to waive primary recall to the job originally held. If the employeeexercises this right, he/she shall forfeit all future rights to primary recallto the job originally held. Under no circumstances will an employee bepermitted to waive primary recall if he/she has accepted secondary re-call in a different bargaining unit from which he/she was initially laid off.

Section 13.6 Hiring During LayoffsNo new employee may be hired to perform duties normally per-

formed by a laid off employee while employees are laid off, under Sec-tions 13.5 A or B above.

Section 13.7 LotteryThe Union shall receive written notice of any lotteries to be

held. The Union may have representatives at all lotteries affecting unitemployees.

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ARTICLE 14NO STRIKES - NO LOCKOUT

Section 14.1 No StrikeThe Union agrees that during the life of this Agreement, there

shall be no strikes (including, but not limited to sympathy strikes andstrikes to protect union or third party conduct), work stoppages, slow-downs, picketing, delays of work of any kinds.

Section 14.2 Preventive EffortsThe 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 takeplace or are engaged in by any employee or group of employees in theUnion's bargaining unit, the Union further agrees it will use its best ef-forts to cause an immediate cessation thereof. If the Union immediatelytakes all necessary steps in good faith to end any stoppages, strikes,picketing, intentional slowdown or suspension of work, including: (a)publicly disclaiming such action as not called or sanctioned by theUnion, and (b) posting notices in conspicuous places which notify in-volved employees that the action was not called or sanctioned by theUnion, in addition to instructing employees to immediately cease suchactivity, the Employer agrees that it will not bring action against theUnion to establish responsibility for such unauthorized conduct.

Section 14.3 DisciplineThe Employer may terminate the employment of or otherwise

discipline any employee or employees who have been found to haveengaged in any act forbidden in this Article.

Section 14.4 No LockoutThe Employer will not lock out bargaining unit employees dur-

ing the term of this Agreement.

ARTICLE 15FILLING OF PERMANENT VACANCIES

Section 15.1 Definition of VacancyThe Employer shall determine if there is a permanent vacancy

to be filled and at any time before said vacancy is filled whether or notsaid vacancy shall be filled.

A vacancy is defined as an opening which the Employer in-tends to fill and which results from various factors, such as addition ofnew positions and/or classifications, reassignments, promotions, bid-ding out or separation for any reason.

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Section 15.2 Filling of Permanent VacanciesThe procedure stated in this Article shall be the exclusive pro-

cedure for filling of bargaining unit vacancies.A. Transfer Request Procedure (Locals 1001 and 76)Employees within a department who desire a change in shift,

day(s) off or location of their job assignment shall request such changein writing on the Employer's form.

Employees may file such requests in December for the periodbeginning in January and continuing through June of the following yearand in June for the period beginning in July and continuing through De-cember. Employees filing multiple requests and accepting a transfershall only be allowed a single transfer in the six (6) month period.

Employees shall receive a copy of all requests filed with receiptnoted on the copy. A list of such requests from each department shallbe provided to the Union by January 30 and July 30 of each year.

When filling a vacancy, the Employer shall select the most Sen-ior employee in the job classification in the department who has such arequest on file, provided the employee has the present ability to performthe required work without further training after a reasonable amount oforientation.

A. Transfer Request Procedure (Local 1092)Employees within a department who desire a change of shift,

day(s) off or location of their job assignment shall request such changein writing on the Employer's form.

Employees may file such requests in June for the period begin-ning July 1 and continuing through June 30th of the following year.

Employees shall receive a copy of all requests filed with receiptnoted on the copy. A list of such request from each department shall beprovided to the Union by July 30 of each year.

When filling the vacancy, the Employer shall select the mostSenior employee in the job classification in the department who hassuch a request on file, provided the employee has the present ability toperform the required work without further training after a reasonableamount of orientation.

B. Primary RecallWhen filling a vacancy and there are no said employees who have re-quests on file, the Employer shall select the employee in the job classifi-cation in the department from the layoff (primary recall) or reinstatementlist, if any, in accordance with the layoff and recall procedures of thisAgreement. (Section 13.5 (A))

C. Secondary RecallWhen filling a vacancy and there are no employees who possess recallrights to the position as described in B above, the Employer shall selectthe employee from the secondary recall list, if any, in accordance with

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the secondary recall procedures of this Agreement. (Section 13.5 (B))D. Posting and BiddingWhen filling a vacancy and there are no said employees who

have requests on file and no eligible employees on said lists, the Em-ployer shall post and fill every vacancy in accordance with the followingprocedures:

1. The posting of an Employer-determined permanent vacancyshall be on bulletin boards at each Employer physical site in the De-partment and at other appropriate locations as determined by the par-ties. Said vacancy shall be posted for 14 days. A copy of the postingshall be provided to the Union no later than the first day of posting. Theposting shall contain at least the following: job title, qualifications, daysoff, shift, hours, work location, if known, and rate of pay. The postingshall also identify the number of positions to be filled. If that numberchanges, the Employer shall promptly notify the Union. Prior to thecommencement of the selection process, the Employer will provide theUnion with a list of qualified bidders and a copy of Form "A" and theForm "B" Hiring Criteria.

2. Employees may bid on jobs the Employer determines to bepermanently vacant for promotion or transfer to equal or lower-ratedjobs. All applicants shall be considered as one group for selection pur-poses. Bidders shall not be included on the same list with applicantsfrom a Department of Personnel referral list. Applicants/ bidders for va-cancies shall meet the minimum qualifications for the job in order to beconsidered for selection by the Employer.

3. Qualified bargaining unit employees shall be given an equalopportunity to bid on jobs which are declared vacant by the Employerfor promotion or transfer to equal or lower rated jobs. The Employershall select the most qualified applicant. In making selections bargain-ing unit bidders shall be given preference over non-bargaining unit ap-plicants unless the nonbargaining unit applicants have demonstrablygreater skill and ability to perform the work. Where bargaining unit bid-ders are relatively equally qualified, the Employer shall select:

a) the most senior employee (based on time in title seniority) ofthose bidding for promotion within the Bureau; or if none,b) the most senior employee (based on time in title seniority) ofthose bidding for promotion within the Department; or if none,c) the most senior employee (based on time in title seniority) ofthose bidding for promotion from any other Department in thebargaining unit; or if none,d) the most senior employee (based on time in title seniority) ofthose bidding for transfer to equal or lower rated jobs.

The Employer shall determine whether bargaining unit bidders are "rel-atively equally qualified" based on evidence of performance and qualifi-

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cations. Seasonal employees who have recall rights may bid on em-ployer determined vacancies and shall be given preference for hire overnon-employees, subject to and in accordance with the selection require-ments set forth above.

4. Prior to notifying the successful bidder/applicant, the Depart-ment shall give the Union a list of bidders identifying where applicable,the successful bidder(s). Upon request, the Department shall schedulea meeting with the Union to review the selection process, including thereasons for selection and rejection of bidders. This meeting shall in-clude a review and discussion of documents used in the hiring processincluding documents such as the referral list, employment decisionform, hiring information summary, and hiring criteria rating form. If re-quested, the Employer will furnish copies of such documents to theUnion. Bidders who are not selected shall be so notified by the Depart-ment Head including reason for non-selection. A successful bidder maynot bid for another permanent vacancy for one year unless laid off orbumped within that year.

5. Prior to hiring a non-employee applicant, the Employer shallhonor the layoff and recall provisions of Section 13.5, the transfer provi-sion of Section 15.2 (A) and the recall and reinstatement provisions ofSections 15.2 (B) and (C). In the event a nonemployee applicant is se-lected over an employee bidder, any dispute arising under this Sectionregarding the selection shall be submitted to expedited arbitration. Theparties shall promptly meet for the purpose of selecting an arbitrator.The arbitrator shall submit his written decision to the Employer and theUnion within thirty (30) days following his/her appointment. The arbitra-tor's decision shall be final and binding on the parties and in accor-dance with the provisions of Section 4.3 of this Agreement.

6. During the bidding and/or selection process set forth in thisArticle the Employer may temporarily fill said permanent vacancy con-sistent with the provisions of this Agreement, including such as detailingand acting up.

7. The successful bidder for any jobs under this Section shallhave an evaluation period, not to exceed sixty (60) days, to demon-strate that he or she can perform the job. If the Employer has just causebased upon the employees job performance at any time during that pe-riod that the successful bidder cannot perform the job, then the suc-cessful bidder shall be returned to the job he/she held just prior to theawarding of the bid, displacing, if necessary, any employee who hasbeen placed into said job.

8. When an employee is deemed to have successfully filled avacancy and is reclassified to another position at a higher rate of pay orin a higher pay grade, such employee shall receive the higher rate ofpay or a pay increase of one step, or the entrance rate for the new posi-

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tion, whichever is applicable.9. Notwithstanding any provision of this Section 15.2D to the

contrary, the Employer may, where it deems appropriate, post bid an-nouncements during the four month period prior to January 1 in anycalendar year, for certain jobs within a department which the Employermay seek to fill at any time after January 1 of that calendar year, with-out any further bid postings for those jobs during that calendar year. Acopy of the posting shall be provided to the Union no later than fourteen(14) days prior to the posting date. Employees shall have thirty (30)days from the date of the posting to submit bids. Before filling any va-cancies pursuant to such a posting, the Employer will provide the Unionwith a copy of the Employerʼs list of all individuals who submitted bidspursuant to the posting. Said list will reflect the Employerʼs scoring ofthose individuals with respect to their relative qualifications for the job,and the order in which the Employer intends to grant bidders prefer-ence for any available declared vacancies for the posted jobs in thatcalendar year. The list will be completed by no later than February 1 ofthat calendar year, unless otherwise agreed by the parties, and will beprovided to the Union at the time it is finalized by the Employer. Uponrequest by the Union, the Employer will meet and discuss its ranking ofbidders with the Union. Nothing in this paragraph shall preclude theEmployer from declining to offer any available position to a bidder if thebidder has failed to satisfy the Employerʼs promotional criteria guide-lines, or if the Employer determines that the bidder will be unavailabledue to leave of absence or other reason, or that the bidder is otherwiseno longer qualified for the available position. The Employer will notifythe Union at the time it makes any promotion from the list in rank order.In the event the Employer intends to make a promotion from the list outof rank order, it will provide the Union at least ten (10) calendar daysʼnotice, and will meet and discuss the matter upon request by the Union.In the event that the Employer intends to fill a job pursuant to the post-ing and there are no remaining qualified bidders on the original list, theEmployer will post a new bid announcement prior to filling the position.Nothing in this paragraph shall preclude the Union from grieving theCityʼs filling of any vacancy.

Section 15.3 Acting in a Higher-Rated JobA. Where a group of employees are transferred from a job in

one Department, Bureau or District to a job in another Department, Bu-reau or District for one day or more, and said employees are directed toand do perform, or are held accountable for, substantially all of the du-ties and responsibilities of the job, and the job is higher-rated, said em-ployees shall be paid the higher rate for all such time from the first dayof the assignment. For example, employees in Forestry or Asphalt are

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directed by the Employer to be Sanitation Laborers. Such transfersshall not occur on more than five work days in succession, nor on morethan five work days in any month, when employees are laid off from thedepartment to which the transfer occurs and are qualified for the as-signments.

B. An employee who is directed to and does perform, or who isheld accountable for, substantially all of the duties and responsibilitiesof a higher-rated job in any Laborers' Bargaining Unit for one day ormore shall be paid at the higher rate for all such time from the first dayof the assignment. Past practices as to car allowances shall continuefor the term of this Agreement. The Employer will equitably rotate suchassignments on the basis of seniority among the employees at the worklocation who have the then present ability to do the job without furthertraining.Employees paid for acting in a higher-rated job shall be paid as if they

had been promoted to the higher-rated job.The time limits for such individual assignments to higher rated jobs

shall be 90 days, except where a regular incumbent is on leave of ab-sence, in which case it shall be 6 months. The time limits may be ex-tended by mutual agreement of the parties.The Employer shall not rotate employees in order to circumvent the

payment provision of this section.If the Employer continues to require the performance of the duties of

the higher-rated job beyond the time limits herein, the Employer shallpost and fill the job as a permanent vacancy under this Agreement. Ifthe employee who has been paid for acting in a higher-rated job also isthe successful bidder when the job is posted as a permanent vacancy,where applicable the said employee's seniority date for purposes oflongevity pay increases shall be the date the employee initially was paidfor acting in the higher-rated job, provided the employee had continuedto perform in the higher-rated job without interruption.

Section 15.4 Acting in a Lower-Rated JobAny employee who works in a lower-paid classification tem-

porarily shall be paid his/her regular rate.

Section 15.5 DetailingDetailing is the temporary transfer of an employee to a work as-

signment within his/her job classification geographically removed fromthe employee's normal work site.

Individual Employees shall not be detailed for more than 10days unless the Employer gives notice to the Union of its need to do soand confers with the Union upon request. In any event, no such assign-ment may extend beyond 60 days or up to 90 days in an emergency

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without the agreement of the parties and such assignments are subjectto the volunteer and rotation requirements, below, of this Section.

The Employer shall notify the employees in advance of the re-quirements for said detailing and shall seek volunteers among the em-ployees who have the then present ability to perform the work requiredwithout further training. If there are more volunteers than there are as-signments, selections shall be made on the basis of seniority. If thereare insufficient volunteers, the Employer shall assign the detailing by in-verse seniority, starting with the least senior first, and to rotate such as-signments within each calendar year. The employee's supervisor may,within his/her discretion, accept an employee's refusal to be detailed,provided that such acceptance shall not be unreasonably denied.

Thirty days' advance notice of detailing shall be given to theUnion and the employees if the need to detail is known; otherwise, assoon as reasonably possible.

Each Department shall maintain and post detailing rotationlists, which shall be made available to the Union upon request.

Section 15.6 Balancing the Workforce and Reassignment ProcedureThe Employer's movement of employees from one location,

shift, or day off schedule to another shall not be subject to the provi-sions of Sections 15.1 and 15.2 if there is not a net increase in thenumber of employees in the affected classification(s) in the affected lo-cations, shifts, or day off schedule.

If the Employer intends to reduce the number of employees in ajob classification at a location, shift, or day off schedule and reassignthem to another location, shift, or day off schedule, the Employer shallseek volunteers among the employees in the affected job classification,provided that the volunteers have the then present ability to perform thework required without further training.

If there are more volunteers than there are assignments, suchreassignments shall be made on the basis of seniority. If there are in-sufficient volunteers available, the Employer shall reassign employeesusing reverse seniority, provided that the employees have the thenpresent ability to perform the required work.

An employee being reassigned under this provision may file atransfer request under Section 15.2(A) to return to his/her original loca-tion, shift, or day off schedule. Said request, which must be made withinsixty (60) days of reassignment, shall be valid for a period of twelve(12) months after date of reassignment, and shall have preference overall other transfer requests for the original location, shift, or day offschedule. Within thirty (30) calendar days of a reassignment, the Unionshall be notified of the name of any employee who is being reassigned,the effective date of the reassignment, and the location, shift, and day

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off schedule from and to which the employee is being reassigned.

ARTICLE 16TOOLS AND EQUIPMENT

All tools and equipment determined by the Employer to be usedon the job shall be supplied, maintained and replaced by the Employer,except as to any said tools and equipment supplied by employees as ofthe date of the execution of this Agreement.

Commencing January 1, 1989, the Employer agrees to provideto Sanitation Laborers the following items of apparel:

One (1) pair steel toed boots or shoes once a year.One (1) rain poncho once a year.Two (2) pair of gloves each year.One (1) safety vest once a year, as needed.Effective January 1, 2008, the Employer will reimburse all other

members of the bargaining unit $75.00 per year toward the cost ofsteel-toes shoes or boots if they present a receipt showing the pur-chase of such equipment. Upon mutual agreement of the parties, theEmployer may institute a commissary for the purchase of steel-toedshoes or boots in lieu of the $75.00 payment.

Safety vests will be provided once a year to additional membersof the bargaining unit as needed for safety purposes. Such titles shallbe determined by the Safety Committee, (Article 17).

ARTICLE 17HEALTH AND SAFETY

Section 17.1 Safety(a) The Employer shall provide a safe and healthful working en-

vironment for employees covered by this agreement including in accor-dance with applicable federal and state occupational safety and healthlaws, and shall maintain in good and safe working condition all equip-ment necessary for the safe and proper performance of the job.

(b) In furtherance of those efforts, a joint safety committee shallbe established which shall be composed of six (6) representatives ofthe Union Coalition and six (6) representatives of the Employer. Thepurpose of the committee shall be to discuss, examine and to makerecommendations concerning occupational safety and health issues af-fecting employees. All recommendations of the committee with respectto safety and health issues shall be submitted in writing to the appropri-ate Department Head with a copy to the Union and the Director ofLabor Relations. The Department Head shall promptly issue a writtenresponse to the committee as to the Department's views regarding the

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committee's recommendations.The parties may decide, from time to time, to refer certain

safety issues and concerns to the personnel of the affected Depart-ment(s) responsible for safety matters and Union representatives of theaffected employee(s). The Department safety personnel will meet andconfer with a representative of the affected Union about such issuesand report back to the Committee on any decisions or recommenda-tions concerning them.

(c) The joint safety committee shall meet at least once a month,or otherwise by mutual agreement.

(d) The parties agree and understand that if an employee isfaced with an unsafe working condition, the employee is required toperform the task in question unless the employee's performance of anassigned task presents the strong likelihood of subjecting the employeeto imminent danger of death or serious injury. If the employee, with noreasonable alternative, refuses in good faith to perform that task andexpose himself to that dangerous condition, the employee will not besubject to discipline. In order to avoid discipline under this paragraph,the condition must be of such a nature that a reasonable person, underthe circumstances, would conclude that there is a real, substantial, andimminent danger of death or serious injury. In addition, the employeemust also have sought from the Employer, and have been unable to ob-tain, correction of the situation before refusing to perform the task inquestion.

Section 17.2 Safety CommitteeA joint safety committee shall be appointed with an equal num-

ber of Union and Employer representatives (no more than 5 each). Thepurpose of the Committee will be to discuss work standard or opera-tional safety issues and to make recommendations for improvements itmay deem appropriate, except for the Bureau of Sanitation where suchissues are addressed in Article 18 of this Agreement. The Committeeshall meet once each month, or otherwise by mutual agreement. For-mal recommendations of the Committee shall be submitted in writing tothe appropriate Department Head with a copy to the Union and the Di-rector of Labor Relations.

The Department Head shall promptly issue a report to theCommittee as to the Department's views regarding the Committee'srecommendations. Grievances regarding the reasonableness of anyworkload standard which the Union(s) believes will jeopardize thesafety of their members may be initiated at the Department Head stepof the grievance procedure. The parties shall meet within 10 workingdays of receipt of the grievance by the Department Head to attempt toresolve the issues. If the issue is not resolved the grievance may be

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submitted to arbitration.ARTICLE 18WORKLOADS

Section 18.1 SWLMCThe Employer and Local 1001 agree to establish a joint Sanita-

tion Workloads Labor-Management Committee (SWLMC) to reviewUnion and employee safety concerns in refuse collection. The SWLMCwill also serve as the initial reviewing body for workload and safetygrievances filed in accordance with the expedited grievance and arbitra-tion provisions of this Article and is empowered to make recommenda-tions for resolution of such grievances to the Employer representativecharged with rendering a decision at the discussion step of the expe-dited grievance and arbitration process described below.

Section 18.2 ProceduresThe SWLMC will consist of six members. Upon execution of

this Agreement the Employer will designate three members and theLocal Union will designate three members. The Committee will select achairperson from among its members at each meeting. The chair of theCommittee meetings will be alternated at each meeting. Formal recom-mendations of the committee shall be submitted in writing to the com-missioner of Streets and Sanitation with a copy to the Union and theDirector of Labor Relations.

The commissioner shall promptly issue a report to the Commit-tee responding directly and fully as to the Department's views regardingthe Committee's recommendations.

The committee will meet at the call of either the Union or theemployer members at times mutually agreeable to both parties but, inany event, such meetings will be held at least four times during eachcalendar year.

Section 18.3 Review of StandardsThe SWLMC will review any standards as may currently be

used or may be formulated by the Employer for refuse collection to de-termine if such standards are safe. Also, any change in the mode of re-fuse collection as to routes, crew size, collection methods andequipment design will be reviewed by the Committee to determine theimpact of such changes on safety.

Similarly, any standards as may be formulated for refuse collec-tion resulting from the introduction or expanded use of technologicallyadvanced equipment will be reviewed by the Committee to determinethe impact of such changes on safety.

The Committee will compile a written report on any investiga-

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tion of workloads which it undertakes, including recommendations foradjustments in operations necessary to effectuate a safe refuse collec-tion program. The Employer will respond to the committee's report inwriting, indicating acceptance of the Committee's recommendations orreasons for not accepting those recommendations.

Section 18.4 Data RequestsThe Employer will cooperate with the SWLMC, by responding

to reasonable data requests from any party on the SWLMC withregardto employee safety concerns in refuse collection.

Reasonable requests for data shall include, but are not limitedto, the following:

1. Accident/Injury Reports2. Tonnage Work Sheets3. Safety Training Reports4. Overtime Reports5. Safety Rules6. Crew Sheets7. Routing Work Sheets8. Living Unit Surveys9. Recap Sheets10. Mode of Refuse collection Status Reports11. Guidelines for Refuse Collection routing12. Ward Maps/Routing Schedules

Section 18.5 Advance NoticeThe Union will receive thirty (30) days advance notice of the im-

plementation of any workload standard related to the collection of re-fuse and the Employer shall not implement said standard during this 30day period.

Section 18.6 Expedited GrievancesThe reasonableness of any workload standard which the Union

believes will jeopardize the health and safety of employees in the De-partment of Streets and Sanitation may be grieved through the expe-dited grievance and arbitration procedure described in this Article.

Section 18.7 Expedited ArbitrationThe Union may utilize the expedited grievance and arbitration

procedures of this Article to process any grievance arising as a result ofthe imposition of workload standards in the Department of Streets andSanitation.

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Section 18.8 Expedited ProcedureAn expedited grievance and arbitration procedure is hereby es-

tablished to deal with grievances stemming from the imposition of work-load standards in the Department of Streets and Sanitation. Suchgrievances will be presented initially to the SWLMC which will investi-gate the grievance and present its findings and recommendations to theEmployer and the Union within five (5) working days of receiving thegrievance, unless other time limits are accepted by the parties. The re-sults of the Committee's investigation will be discussed within five (5)working days thereafter and the commissioner of Streets and Sanitationor his/her designee will render a written decision within two (2) workingdays of said meeting. If the issue remains unresolved, the parties willimmediately select an arbitrator in accordance with the procedure es-tablished in the regular grievance and arbitration process. Arbitratorsselected must commence hearings on the respective grievances withinthe next ten working days. Subject to the parties' agreement to extendmore time for the consideration of difficult issues, the arbitrator will con-clude all hearings no later than five working days following the com-mencement of such hearing and will render a final and binding writtendecision no later than ten working days following the close of suchhearing.

ARTICLE 19CAREER ADVANCEMENT

Section 19.1 Promotions Out of the Bargaining UnitEmployees who have been promoted out of the bargaining unit

shall, for 12 months, be permitted to return to their former job classifica-tion in the bargaining unit, in the event of layoff, provided the Employerdetermines the job is vacant or is occupied by an employee with lessseniority who can be displaced through the exercise of seniority rightsin accordance with the layoff, recall and break-in-service provisions ofthis Agreement.

An employee who has been promoted out of the bargaining unitshall, within 6 months of the date of his/her promotion, have the right toreturn to the bargaining unit if the Employer determines the job is va-cant, or if the job is not vacant, the said employee shall be placed on areinstatement list.

Section 19.2 TrainingThe Employer shall make available to employees its on-the job

or other training programs, except management training, in accordancewith the Employer's rules, to the same extent as such training is avail-able to other employees. If there are more applicants for training thanthere are places available, employees shall be chosen on a seniority

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basis. Such training programs may be to higher level positions in theemployee's Bureau or Department or may be outside of the bargainingunit.

ARTICLE 20SUB-CONTRACTING

Section 20.1 Subcommittee(a) Within 10 days of ratification of this Agreement, the Em-

ployer and the Union shall establish a permanent subcommittee onsubcontracting. The subcommittee shall meet from time to time, or atthe request of either the Union or Employer members of the Commit-tee, to examine all potential subcontracting situations to determine howsuch work could alternatively be, or continue to be, performed by theEmployer except in emergency situations.

(b) It is the policy of the Employer to involve the Union in anearly and timely manner in the Employer's decision-making processconcerning potential subcontracting in order for the Union to provide itsviews as to the desirability and feasibility of proposed subcontracting,and to suggest alternatives to the Employer. Therefore, during the Em-ployer's process of considering whether to subcontract a particular op-eration, but before the Employer gives Public Notice to outsidecontractors to submit bids, the Union shall be informed and the sub-committee provided for in Section 20.1(a) above shall meet. At suchmeeting(s), the Union shall be informed as to the reasons why subcon-tracting is being contemplated, the nature and extent of the work to bedone, any possible impact on the bargaining unit, and other informationpertinent to the consideration of the proposed subcontracting.

(c) Should the Employer determine, following the meeting(s) ofthe subcommittee, to seek bids from potential outside contractors or tootherwise pursue subcontracting, the Employer shall so advise theUnion at a meeting of the subcommittee. Thereafter, the Employermembers of the subcommittee will work cooperatively with the Union sothat the Union may submit proposals as provided in Sections 20.2 and20.3.

(d) The subcommittee shall meet at least quarterly or more fre-quently as the need shall arise, upon the reasonable request of eitherparty. The Employer shall be represented at the meeting by knowledge-able operations-level management personnel from a Department, aswell as by Department personnel having labor relations and budget au-thority.

(e) The subcommittee also shall have the right to review sub-contracting by the Employer of unit work during the previous quarter, aswell as such subcontracting which is planned for the following quarter.The subcommittee shall act in an information and advisory role, and

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shall have reasonable access to relevant information pertaining to sub-contracting issues covered by this Section. This may include informa-tion in the Employerʼs possession concerning the contractorʼscompliance with any prevailing wage requirements, as well as informa-tion pertaining to the contractorʼs performance of work under its sub-contract with the Employer.

Section 20.2 Prevailing Rate Jobs(a) As to prevailing rate jobs covered by this Agreement, the

Employer will attempt to have employees perform bargaining unit workwhere practicable. Bid specifications or guidelines which will be used byor required from contractors will be provided to the Union at the sametime as made public or conveyed to potential contractors, including adescription of the work to be performed, any known impact upon bar-gaining unit employees, and other pertinent data necessary for theUnion to submit proposals under this Article. This shall include, upon re-quest of the Union, specific cost information or analyses or compar-isons prepared by or in the possession of the Employer concerninglabor, materials, equipment or other costs involved in the potential sub-contracting. Any other information utilized by the Employer in determin-ing whether to subcontract, or to which bidder to award a contract, willbe made available to the Union upon request. The Employer will notdeny a request by the Union for a specific document under this Sectionsolely for the reason that the Employer did not rely on it in the decisionto subcontract the particular work in question.

(b) The Employer will provide the Union with the proposedawardee's proposal. Within ten (10) working days of receipt thereof, theUnion will provide the Employer with any proposal it intends to make.Within ten (10) working days thereafter, the subcommittee will meet, re-view the proposals of the Union and compare such proposals to any bidor proposal being considered for acceptance in order to comply withthis Article. The Employer's decision shall be communicated to theUnion and shall not be unreasonably delayed by this process.

(c) Nothing shall prevent the parties at any time up until accept-ance of the outside contractor's bid from agreeing that the bid requestbe withdrawn and the work be performed by the Employer's employees.

(d) As to prevailing rate jobs covered by this Agreement, theEmployer shall not contract or subcontract out bargaining unit work toany person, contractor or Employer who is not in compliance with thearea standards established under and pursuant to the formula used bythe United States Department of Labor in administering the Davis-Bacon Act. Notice of any such contracting or subcontracting shall begiven to the Union at least 30 days prior to its effective date. The noticeshall be in writing and shall contain the name and address of the party

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who will perform the work, a description of the work to be performedand any other relevant data to enable the Union to determine compli-ance with this Section. In the event such party is determined not to bein compliance with the said area standards, the Employer shall withholdpayouts and shall not contract or subcontract further with any suchparty until the Union and the Employer receive a written and enforce-able assurance of compliance.

Section 20.3 Non-Prevailing Rate JobsAs to non-prevailing rate jobs, the Employer will attempt to

have employees perform bargaining unit work where practicable; how-ever, the Employer reserves the right to contract out work for reasonsof efficiency or economy. Bid specifications for guidelines which will beused by or required from contractors will be provided to the Union atthe same time as made public or conveyed to potential contractors in-cluding a description of the work to be performed, any known impactupon bargaining unit employees and other relevant data necessary forthe Union to submit proposal under the Article. The City will provide theUnion with the proposed awardee's proposal. Within 10 working days ofreceipt thereof, the Union will provide the City with any proposal. Within10 working days thereafter, the committee established under Section20.1 will meet, review the proposals of the Union and compare suchproposals to any bid or proposal being considered for acceptance inorder to comply with Section 20.1. The City's decision shall be commu-nicated to the Union and shall not be unreasonably delayed by thisprocess. All subcontracting of work covered by this Section 20.3 shallconform to the requirements of Section 20.1 and 20.2 above.

Section 20.4 Layoff of EmployeesIn the event that the Employer determines to subcontract unit

work under this Agreement, and as a result bargaining unit employeeswould be laid off by the proposed subcontracting, the Employer shallmake available, on a seniority basis, equal-rated permanent jobs theEmployer has declared to be vacant in the affected Department, orother departments, as the case may be, in that order, provided the laidoff employees have the then present ability to perform the requiredwork without further training. However, the employee shall be providedwith a reasonable amount of orientation to allow him or her to performthe work.

Prior to sub-contracting of bargaining unit work, the Employer,the Union, and the proposed sub-contractor shall meet to discuss theemployment of employees subject to layoff. During that meeting, theEmployer will request and urge that the sub-contractor hire laid off em-ployees.

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If employees are permanently terminated as a result of subcon-tracting, the Employer shall, upon written request from the Union, nego-tiate with the Union as to the effects of said subcontracting on suchterminated employees within the meaning of the Illinois Public LaborRelations Act. Any employee laid off as a result of subcontracting shallalso have the same rights as provided in Section 21.4 of this Agree-ment.

ARTICLE 21TECHNOLOGICAL CHANGE

Section 21.1 DefinitionsA technological change is a change in equipment or a change

in process or method of operation which diminishes the total number ofemployee hours required to operate a department. An employee whoseservices shall no longer be required as a result of such change shall beconsidered to be displaced by a technological change. The term shallnot include layoffs caused by economic conditions, variations in servicerequirements, or any temporary or seasonal interruption of work.

Section 21.2 Notification of UnionIn the event of technological change the employer agrees to no-

tify the Union, if possible, at least 90 days in advance of its intentions,but in no case will the Employer provide less than 30 days' notice of thecontemplated change; such notice to the Union will be in writing and willinclude, but not be limited to the following information:

1. A description of the nature of the change;2. The date on which the Employer proposes to effect thechange;3. The approximate number, type and location of employeeslikely to be affected by the change; and4. The effects the change may be expected to have on theemployee's working conditions and terms of employment.

Section 21.3 Meeting with UnionThe Employer, upon request of the Union, shall meet with the

Union concerning the implementation of any technological changes.The meeting shall take place within 5 days after the Employer receivesthe Union's request. The Employer and the Union shall in good faith at-tempt to mutually resolve any employee problems resulting from the im-plementation of said technological changes, with due regard for theneeds of the Employer.

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Section 21.4 Non-Prevailing Rate JobsIn the event employees are to be displaced by technological

change, the Employer will consider within its budgetary and manpowerneeds the following courses of action:

1. The Employer will first consider the feasibility of displacingemployees through attrition (e.g., death, voluntary quits, retirement anddischarge for cause).

2. If the Employer determines attrition does not meet its needs,said employees shall be entitled to exercise their layoff and bumpingrights under this Agreement.

3. Said employees who still may be displaced, notwithstandingsaid bumping rights, may elect to (a) be trained to perform the work re-quired by the Employer in the vacant positions created by said techno-logical change before the Employer hires and trains new employees forsaid vacant positions; or (b) fill another position determined by the Em-ployer to be vacant, subject to the conditions set forth in Sections 15.1and 15.2 of this Agreement; or (c) be trained for another position deter-mined by the Employer to be vacant before the Employer hires andtrains new employees for said vacant position.

If employees after all of the above courses of action still aredisplaced, the employees will be placed on a list for reinstatement andmay exercise their seniority rights in accordance with and subject to therecall and break-in-service provisions of this Agreement.

If employees are permanently terminated as a result of techno-logical change, the Employer shall, upon written request from theUnion, negotiate with the Union as to the effects of said technologicalchange on such terminated employees within the meaning of the IllinoisPublic Labor Relations Act.

Section 21.5 Union JurisdictionJurisdiction over the new machinery, equipment or materials, or

the change in work methods or operations affecting bargaining unitwork shall remain assigned to the Union.

ARTICLE 22SEPARABILITY

If any part of this Agreement is determined to be invalid by a Court ofLaw, all other provisions shall remain in full force and effect; the Em-ployer and Union agree to immediately negotiate a substitute for the in-validated Article, Section or portion thereof.

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ARTICLE 23DUES CHECK-OFF AND FAIR SHARE FEE

Section 23.1 Check-OffThe employer, upon receipt of a validly executed written author-

ization card, shall deduct Union dues and initiation fees from the payrollchecks of all employees so authorizing the deductions in an amountcertified by the Local Union, and shall remit such deductions on amonthly basis to the Local Union. Authorization for such deduction shallbe irrevocable unless revoked by written notice to the Employer and theUnion during the fifteen (15) day period prior to the expiration of thelocal Union Agreement. The Union shall indemnify, defend and hold theEmployer harmless against any and all claims, demands, suits or otherforms of liability, including damages, attorney's fees and court and othercosts, that shall arise out of, or by reason of action taken or not takenby the Employer for the purpose of complying with Sections 23.1, 23.2,23.3 and 23.4 of this Article, or in reliance on any list, notice, certifica-tion or assignment furnished under any of such provisions or in relianceupon employee payroll deduction authorization cards submitted by theUnion to the Employer.

The Employer shall provide to the Union within thirty (30) days,name, address, classification, rate of salary and starting date of anynew employee hired into the Union's bargaining unit.

Section 23.2 Fair ShareIt is further agreed that 30 days after the later of the execution

of this Agreement or the employee's date of hire, the Employer shalldeduct from each paycheck of employees who are not members of theUnion an amount as certified by the Financial Secretary of the Unionand shall remit deductions to the Union at the same time that the duescheck-off is remitted.

It is understood that the amount of deduction from said non-member bargaining unit employees will not exceed the regular monthlyunion dues and represents the employee's fair share cost of the collec-tive bargaining process, contract administration and pursuing mattersaffecting wages, hours and other conditions of employment.

Section 23.3 IPLRANothing in this Agreement shall be inconsistent with Section

6(g) of the Illinois Public Labor Relations Act in protecting the right ofnon-association of employees based upon the bona fide religious tenetsor teachings of a Church or other religious body of which such employ-ees are members.

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Section 23.4 Maintenance of MembershipEach employee who on the effective date of this Agreement is

a member of the Union, and each employee who becomes a memberafter that date, shall, as a condition of employment, maintain his/hermembership in the Union during the term of this Agreement.

All employees who are not members of the Union shall be re-quired, as a condition of employment, 30 days after the later of the exe-cution of this Agreement or their hire date, to pay a fair share of thecost of the collective bargaining process and contract administrationand pursuing matters affecting wages, hours and other conditions ofemployment.

ARTICLE 24WAGES

Section 24.1 RatesThe wage/salary rates for employees covered by this Agree-

ment shall be set forth in the Appendices attached hereto and made apart of this Agreement.

Section 24.2 Prevailing Wage RatesEffective July 1, 2007, employees covered by this agreement

shall continue to receive the hourly rate being paid to crafts or job clas-sifications doing similar kinds of work in Cook County pursuant to theformula currently used by the United States Department of Labor in ad-ministering the Davis-Bacon Act as currently being paid to said employ-ees as set forth in Appendix A appended to and made a part of thisAgreement.

Section 24.3 Prevailing Rate AdjustmentsEffective on July 1 of each year of this Agreement beginning in

2007, through the period ending June 30, 2017, the wage rate referredto in the immediately preceding Section shall be adjusted to reflect thehourly wage rates effective on such dates being paid to crafts or jobclassifications doing similar work in Cook County pursuant to the for-mula specified in Section 24.2 above and as set forth in Appendix A. Inthe event the hourly wage rates effective July of each year covered bythis Agreement are established at an effective date later than July 1,then such rates, when established, shall be paid as of said effectivedate. In no event will the Employer adjust said wage rates more thanone time in any calendar year.

Section 24.4 Non-Prevailing Wage Rates Governing First Five-Years of this Agreement (07/01/2007 to 06/30/2012)

Effective the following dates, the City will make the wage ad-

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justments below for all employees who are in non-prevailing rate classi-fications and who are either on the payroll as of the effective date or onlay-off with recall rights:Year 1:

· Effective 07/01/2007 – 1%· Effective 01/01/2008 – 2.25%

Year 2:· Effective 01/01/2009 – 3%

Year 3:· Effective 01/01/2010 – 3%

Year 4:· Effective 01/01/2011 – 3.25%

Year 5:· Effective 01/01/2012 – 3.5%

Section 24.5 Non-Prevailing Wage Rates Governing Second Five-Year Term (07/01/2012 to 06/30/2017)

Effective the following dates, the City will make the wage ad-justments below for all employees who are in non-prevailing rate classi-fications and who are either on the payroll as of the effective date or onlay-off with recall rights:Year 6:

· Effective 01/01/2013 – 2%Year 7:

· Effective 01/01/2014 – 2%Year 8:

· Effective 01/01/2015 – 2%Year 9:

· Effective 01/01/2016 – 2%Year 10:

· Effective 01/01/2017 – 2%

“Me Too” Clause: If a majority of City unionized employees in non-pre-vailing wage rate classifications** receive an across the board percent-age increase in their regular base rate of pay in any contract yearhigher than the increase set forth above in any such year, employees innon-prevailing rate classifications covered by this Agreement shall havetheir wage adjustment set forth above increased by the difference be-tween the above increase and the higher across-the-board percentageincrease in any such year. Similarly, if a majority of City unionized em-ployees in non-prevailing wage rate classifications** receive a lumpsum payment in any contract year, employees in nonprevailing rateclassifications covered by this Agreement shall receive the same lumpsum payment in any such year. The parties agree to confer regarding

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the timing, amount and implementation of any wage adjustment or lumpsum payment under this Section prior to such adjustment being paid.**Exclusive of sworn employees of the Chicago Police Department anduniformed members of the Chicago Fire Department.

Section 24.6 RetroactivityThe increases set forth in Article 24, Sections 24.2 and 24.4,

are payable to affected employees who, as of August 2, 2007, are ei-ther on the payroll, or are on approved leave, or are on layoff with recallrights, or are seasonal employees who are eligible for rehire, or are for-mer employees who retired effective between July 1, 2007 and the dateof final ratification of the Agreement by the City Council, inclusive.

Section 24.7 Sanitation LaborersThe parties agree that Sanitation Laborers who work on alley or

combination alley-curb routes and who receive a $.50 per hour pre-mium for hours worked when the Employer assigns 2 rather than 3 la-borers to the crew and the crew's assignment is to manually dump55-gallon drums of refuse into trucks on alley or combination alley-curbroutes shall continue to receive said premium provided they continue towork with 55-gallon drums and that said premium shall cease to bepaid to any sanitation laborer who is not assigned to manually dump55-gallon drums of refuse. The Union recognizes the desirability of hav-ing the Employer's cart system implemented in as many wards as theEmployer determines is feasible, and towards that end the Unionagrees to urge and support the Employer's cart system throughout theCity and to cooperate with the Employer toward this goal.

Section 24.8 Automobile ReimbursementEmployees who are required by the Employer to use their own

automobiles in the performance of their job shall receive mileage reim-bursement at the then effective rate recognized by the Internal Rev-enue Service, with a maximum of $350 per month. Effective February1, 2008, the maximum reimbursement will increase to $450.00 permonth. Effective February 1, 2009, the maximum reimbursement will in-crease to $550.00 per month. Thereafter, the maximum reimbursementwill increase effective each February 1 by the percentage increase inthe Transportation Expenditure Category of the Consumer Price Indexfor All Urban Consumers (CPI-U): U.S. City Average for the previousyear, as rounded to the nearest $5 increment. Employees seekingmileage reimbursement must submit that request on a form provided bythe Employer. Payment for mileage expenses will be made on amonthly basis. In the event that during the life of this Agreement theEmployer shall implement for any group of employees an automobile

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expense reimbursement program which is more favorable to employeesthan the provisions of this paragraph, upon notice from the Union, theEmployer will meet and discuss with representatives of the Union thepossible application of said new program to employees covered by thisAgreement.

Upon request by either party made no earlier than January 1,2010, the parties shall meet to discuss any proposed changes to thisSection 24.8.

Section 24.9 Payment of Wages(a) All regular base wages will be paid to employees not later

than the next regular pay day following the end of the payroll period inwhich it is earned. All overtime or premium pay shall be paid to employ-ees not later than the second regular pay day following the end of thepayroll period in which it is earned. In the event of an arbitration involv-ing a dispute arising solely under this Section, the losing party will paythe entire amount of the arbitratorʼs fee.

(b) In the event an employee's pay check, at the time specifiedin paragraph (a) above, fails to include all of the regular base, overtimeand/or premium pay to which he/she is entitled, the Department will cor-rect that shortage provided the employee promptly notifies the Depart-ment's timekeeper in writing. Employees shall submit a payroll disputeto the Department timekeeper on the “Employee Payroll Inquiry Form”.The employeeʼs submission of such Form shall toll the period for pro-cessing a grievance filed by the employee or Union over such dispute.If the Department concludes that there is a shortage in the employee'spaycheck, and if the amount in question exceeds $100.00, the Depart-ment will submit a supplemental payroll to the Comptroller to cover theshortage, and will issue the employee a check in that amount on thenext scheduled check/deposit advice delivery date after the timekeeperis notified of the employee's complaint. Shortages less than $100.00 willbe added to the employee's next regular pay check.

(c) Should an employee not receive this supplemental check(for a sum greater than $100.00) within the aforementioned check/de-posit advice delivery date period, the Employer will pay to the employeethe sum of $5.00 for every pay period thereafter until the full supple-mental check is received.

(d) It is understood that pay shortages relating to newly-hiredemployees, persons returning from leaves of absence (including but notlimited to duty disability), overtime earned under the City's emergencysnow removal program, and inaccuracies due to changes in payroll de-ductions, are excluded from the provisions of this Section. This para-graph does not supersede any other payment obligations with respectto the payments referred to in this paragraph which may be contained

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elsewhere in this Agreement.(e) In order to provide a basis for ongoing discussion concern-

ing the City's payroll practices, the parties will form a Labor Manage-ment Committee consisting of four (4) persons appointed respectivelyby the City and by the Coalition. The City's members of the Committeewill consist of representatives from the Department of Personnel, theOffice of Budget and Management, the Comptroller and the Director ofLabor Relations. The Coalition, as it shall determine, shall select four(4) representatives to serve as members of the Committee. The Com-mittee will meet not less than quarterly, or more frequently as the needmay arise, to review ongoing issues regarding payroll, compliance withthis Section, or other issues of mutual concern which may arise duringthe life of the parties' Agreement. In addition, at the request of theCoalition, the City may include from time-to-time a representative of theCoalition at the Comptrollerʼs weekly staff meetings with Departmentheads to review and address pending payroll inquiries from bargainingunit employees.

ARTICLE 25DRUG TESTING

Section 25.1 Policy StatementThe City of Chicago's essential mission is to provide services to

its citizens in a safe and economic manner. The parties to this Agree-ment recognize that drug and alcohol abuse in the workplace has adeleterious effect on the health and safety of employees, as well astheir morale and productivity, all of which creates an undue burden onthe persons which the City and the employees covered by this Agree-ment serve. Furthermore, the economic cost of providing health careservices to employees who abuse drugs and alcohol has put an in-creasing burden on the City's finances.

The Employer and the Union maintain a strong commitment toprotect people and property, and to provide a safe working environ-ment. To this end, the employer has also established its confidentialEmployee Assistance Program for employees with personal problems,including alcohol and substance abuse, and the parties to this Agree-ment urge employees who have such problems who utilize the Pro-gram's services.

To maintain a workplace which provides a safe and health workenvironment for all employees, the following drug and alcohol programis also established.

Section 25.2 Definitions(a) Alcohol: Ethyl alcohol(b) Prohibited Items & Substances: all illegal drugs and con-

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trolled substances, alcoholic beverages, and drug paraphernalia in thepossession of, or being used by, an employee on the job or the prem-ises of the Employer.

(c) Employer Premises: all property, facilities, land, buildings,structures, automobiles, trucks and other vehicles owned, leased orused by the Employer on job sites or work locations and over which theEmployer has authority as employer.

(d) Employee: all persons covered by this Agreement.(e) Accident: an event resulting in injury to a person requiring

medical attention or causing significant damage to property to which anemployee contributed as a direct or indirect cause.

(f) Reasonable Cause: erratic or unusual behavior by an em-ployee, including but not limited to noticeable imbalance, incoherenceand disorientation, which would lead a person of ordinary sensibilities toconclude that the employee is under the influence of drugs and/or alco-hol.

(g) Under the Influence: any mental, emotional, sensory orphysical impairment due to the use of drugs or alcohol.

(h) Test: the taking and analysis of any body component sam-ple, whether by blood, breath, urine, or in any other scientifically reliablemanner, for the purpose of identifying, measuring or quantifying thepresence or absence of drugs, alcohol or any metabolite thereof.

Section 25.3 Disciplinary Action(a) 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 itemsor substances on or at the Employer's premises, nor shall they report towork under the influence of drugs and/or alcohol.

(b) When, based upon the direct observation of two supervi-sors, the Employer has reasonable cause to believe that an employeeis under the influence of a prohibited substance, the Employer shallhave the right to subject that employee to a drug and alcohol test. At theEmployer's discretion, the employee may be placed on administrativeleave with pay until test results are available. If the test results provenegative, the employee shall be reinstated. In other cases, the Em-ployer will terminate all employees who:

i) test positive for drug and/or alcohol use;ii) refuse to cooperate with testing procedures;iii) are found to be under the influence of drugsor alcohol while on duty and on the Employer'spremises;iv) are found in possession of alcohol, drugs ordrug paraphernalia, or are found selling or distributing

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drugs or drug paraphernalia, on the Employer's premises.

(c) All adverse employment action taken against an employeeunder this program shall be subject to the grievance and arbitration pro-cedures of this Agreement.

Section 25.4 Drug and Alcohol Testing(a) The Employer may require drug and/or alcohol testing

under the following conditions:(i) a test may be administered in the event that two supervisors have reasonable cause to believe that anemployee has reported to work under the influence ofor is at work under the influence of drugs or alcohol.(ii) a test may be required if an employee is involved ina workplace accident or fighting;(iii) a test may be required as part of a follow-up tocounseling or rehabilitation for substance abuse for upto a one year period.

(b) Employees to be tested will be required to sign a consentform and chain of custody form, assuring proper documentation and ac-curacy. If an employee refuses to sign a consent form authorizing thetest, he or she will be subject to termination.

(c) Drug and alcohol testing will be conducted by an independ-ent laboratory accredited by NIDA or any successor agency, and mayconsist of either blood or urine tests, or both. The Employer reservesthe right to utilize a breathalyzer to test for the presence of alcohol, inlieu of other clinical testing.

(d) Laboratory testing procedures will conform to the proce-dures specified in NIDA guidelines for federal workplace drug testingprograms, dated April 11, 1988 and as may be amended hereafter bythe relevant agency of the Department of Health and Human Services.

(e) Initial and confirmatory test results which meet or exceedthe cutoff levels for drugs set forth in the NIDA guidelines (and as theymay be amended) shall be regarded as "positive," and shall presump-tively establish that the tested employee was under the influence ofdrugs.

(f) Initial and confirmatory (or breathalyzer) test results whichmeet or exceed the level of blood alcohol established in the IllinoisMotor Vehicle Act as legal intoxication shall presumptively establish thatthe tested employee was under the influence of alcohol.

(g) The cost of initial and confirmatory testing will be borne bythe Employer.

(h) Drug and alcohol test results shall be reported to the Com-missioner of Personnel or his designee in the manner to be prescribed

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by the Commissioner. The applicant or incumbent shall be notified ofthe test results in writing. The Commissioner will inform the applicabledepartment head of any employee who tests positive for alcohol ordrugs, who in turn will initiate disciplinary proceedings under Section25.3 above.

(i) All urine or blood samples shall be taken in sufficient quantityas to allow for retesting. Any portion not used in the test will be pre-served by scientifically reliable means for one (1) year following thetest. Any employee whose test result is positive may elect, at his or herexpense, to be retested by the same or other laboratory satisfactory tothe Commissioner of Personnel, provided that the Employer's testinglaboratory shall arrange for transmitting said sample to the second labo-ratory. Positive results of said retesting shall be conclusive as to thepresence of alcohol or drugs. The failure to take a sufficient sample, orto preserve such sample, to allow for retesting, shall not affect the re-moval from eligibility of an applicant or personnel action, including dis-charge, of any employee.

(j) No laboratory report or test results shall appear in the incum-bent's personnel file unless they are part of a personnel action underthis program, but shall be placed in a special locked file maintained bythe Commissioner of Personnel, except as such disclosure may be re-quired by this policy, law or ordinance.

Section 25.5 Employee Assistance ProgramEmployees are encouraged to seek help for a drug or alcohol

problem before it deteriorates into a disciplinary matter and may partici-pate if they wish in the voluntary Employee Assistance Program.

ARTICLE 26INVESTIGATIONS AND PERSONNEL MATTERS

Section 26.1 PolygraphNo employees shall be required to take a polygraph.

ARTICLE 27MANAGEMENT RIGHTS

Section 27.1 Management RightsThe Union recognizes that certain rights, powers, and responsi-

bilities belong solely to and are exclusively vested in the Employer, ex-cept only as they may be subject to a specific and express obligation ofthis Agreement. Among these rights, powers, and responsibilities, butnot wholly inclusive, are all matters concerning or related to the man-agement of the Employer's operations and the administration thereof,

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and the direction of the working forces, including (but not limited to) theright to suspend, discipline, or discharge for just cause; to layoff by rea-son of lack of work, by reason of lack of funds or work, or abolition of aposition, or material changes in duties or organization of the Employer'soperations, or other economic reasons; to hire, classify, transfer and as-sign work, promote, demote, or recall; to make and enforce reasonablerules and regulations, to maintain order and efficiency; to schedule thehours of work; to determine the services, processes, the extent of theEmployer's operation, the types and quantities of machinery, equipmentand materials to be used, the nature, extent, duration, character andmethod of operation, including (but not limited to) the right to contractout or subcontract; the right to determine the number of employees andhow they shall be employed, and the quality and quantity of workman-ship and work required to assure maximum efficiency of operations; toestablish and enforce fair production standards; and to determine thesize, number and location of its departments and facilities. All of theprovisions of this Article are vested exclusively in the Employer, exceptas expressly abridged by a specific provision of this Agreement.

ARTICLE 28JOINT APPRENTICESHIP AND TRAINING PROGRAM INITIATIVE

Section 28.1 ParticipantsThe City of Chicago and each Coalition Union (the “Parties”)

agree to create a Joint Apprenticeship and Training Program Initiative(“Initiative”) in conjunction with certain third parties including, but with-out limitation, the Chicago Public Schools (“CPS”), the City Colleges ofChicago (“City Colleges”) and External Contractors. The purpose of theInitiative is to increase the opportunities for participation of graduates ofCPS and/or City Colleges in Union apprenticeship and training pro-grams and to provide expanded postapprenticeship and training em-ployment opportunities for such graduates. In conjunction with theexecution of each Coalition Unionʼs collective bargaining agreementwith the City of Chicago, the Parties shall enter into a supplementalmemorandum of understanding regarding the structure, implementa-tion, monitoring and enforcement of this Initiative.

Section 28.2 CommitmentsThe Initiative shall generally include the following:

a. A commitment by each Coalition Union to establishor otherwise expand available apprenticeship and training opportuni-ties; a commitment by the Coalition to fill at least 100 apprenticeshipslots across Coalition Unions with CPS students, graduates or formerstudents with a GED and/or City College students and graduates by

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June 30 of each year of this Agreement.b. A commitment by the Coalition and the City to collab-

orate with the Chicago Public Schools, City Colleges of Chicago andExternal Contractors to prepare CPS and City Colleges students toenter Union apprenticeship and training programs. In particular, theCoalition and the City will cooperate with the Chicago Public Schools,City Colleges of Chicago and External Contractors to publicize availablebuilding and trades apprenticeship and training programs and subse-quent careers; to consider establishing training programs as appropri-ate; and to expand postapprenticeship and training employmentopportunities.

c. The Parties shall appoint a Chair and an Auditor tooversee this Initiative and ensure that the parties take appropriate stepsto fulfill the commitments set forth in this Article and supplemental mem-orandum attached hereto.

ARTICLE 29RATIFICATION AND TERMINATION

The terms of this Agreement shall be subject to ratification bythe City Council of the City of Chicago and concurrent adoption in ordi-nance form. The Employer and the Union will cooperate to secure thislegislative approval.

This Agreement shall be effective as of said date of ratificationby the City Council and shall remain in full force and effect from saiddate to June 30, 2017, both inclusive. Thereafter, it shall automaticallyrenew itself from year to year unless at least 60 days and not more than120 days prior to the termination date or anniversary thereof, eitherparty gives written notice to the other by Certified Mail, return receipt re-quested, of a desire to amend, add to, subtract from or terminate thisAgreement.

In the event such notice of a desire to amend, add to, or sub-tract from the terms of this Agreement is given the parties shall, within areasonable time thereafter, enter into negotiations concerning the re-quest.

This Agreement constitutes the entire contract between the Em-ployer and the Union and settles all demands and issues with respect toall matter subject to collective bargaining. The Employer and the Union,therefore, voluntarily waive the right, and each agrees that the othershall not be obligated to bargain collectively with respect to any matterwhich is subject to collective bargaining whether or not such matter isspecifically referred to here in, and even though such matter may nothave been within the knowledge or contemplation of the parties at thetime this Agreement was negotiated or signed.

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In the event the City of Chicago agrees to or authorizes addi-tional vacation, holiday or other paid time off, or voluntary unpaid timeoff with any other bargaining unit (excluding police and/or fire) duringthe term of this Agreement, such additional time off shall be granted toall employees covered by this Agreement.

ARTICLE 30TERM OF AGREEMENT

This Agreement shall be effective from the date upon which it isratified by the City Council of the City of Chicago, but no earlier thanJuly 1, 2007, and shall remain in effect through 11:59 p.m. on June 30,2017.

Health Plan ReopenerEach party reserves the right to reopen this Agreement in order

to further negotiate the Health Plan set forth in Article 12 for the follow-ing reasons:

1. Any change(s) in the applicable law(s), including but not lim-ited to a universal, national or state health care program mandating sig-nificant changes in health insurance benefits that becomes law and iseffective during the term of this Agreement;

2. The lack of achievement of health care cost containment asanticipated by the parties pursuant to the establishment and administra-tion of the Labor-Management Cooperation Committee on health care,as defined below:

(a) The parties charge the LMCC with the responsibilityof approving Plan changes that will result in significant cost contain-ment or savings, as measured by a projected increase of costs for anyindividual plan of no more than 8% in Fiscal Year 2009 and each fiscalyear thereafter when compared to health care costs in Fiscal Year 2008and each previous fiscal year thereafter, respectively.

(b) Should the Plan changes approved by the LMCCfail to result in such cost containment or savings as stated in subsection(a) above, the LMCC shall make such adjustments to the Plan as arenecessary, including but not limited to adjustments in deductibles, co-pays and co-insurance, to prevent the cost increase from exceeding8% as measured in subsection (a) above.

(c) Should the plan changes approved by the LMCCfail to achieve cost containment or savings as stated in subsections (a)and (b) above by the end of following fiscal year, either party may electto reopen negotiations as set forth herein on the following specific top-ics:

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· Health Plan set forth in Article 12;· Structure of the LMCC;· Composition of the LMCC;· Funding of the LMCC.

provided, however, each party reserves the right to reopen this Agree-ment in order to negotiate the Health Plan set forth in Article 12 no laterthan June 30, 2011 and June 30, 2015, or in the event the City ofChicago is awarded the 2016 Olympic Games, June 30, 2014.

If any one of the foregoing events or conditions occurs, eitherparty to this Agreement has thirty (30) days to notify the other party ofits intent to reopen this Agreement in order to negotiate the Health Planset forth in Article 12. Should either party elect to reopen negotiationspursuant to this provision, it shall submit written notice to the otherparty. Thereafter, the parties have ninety (90) days within which toreach agreement on the Article. If the parties fail to reach agreement atthe conclusion of that ninety (90) day period, each party reserves theright to reopen the entire Agreement.

Non-Prevailing Wage Rate ReopenerFour-Year: This Agreement may be reopened to further negoti-

ate the non-prevailing wage rates governing the second five-year term(07/01/2012 to 06/30/2017) under Article 24, Section 5, in the event that(a) the City notifies the Coalition that it has not reached a successoragreement to a then current four-year agreement expiring on June 30,2011 regarding an across-the-board percentage increase for otherunionized employees in non-prevailing wage rate classifications definedin the “Me Too Clause” by March 31, 2012; or (b) the Coalition notifiesthe City of its intent to terminate the “Me Too Clause” by March 31,2012.

Five-Year: This Agreement may be reopened to further negoti-ate the non-prevailing wage rates governing the second five-year term(07/01/2012 to 06/30/2017) under Article 24, Section 5, in the event that(a) the City notifies the Coalition that it has not reached a successoragreement to a then current five-year agreement expiring on June 30,2012 regarding an across-the-board percentage increase for otherunionized employees in non-prevailing wage rate classifications definedin the “Me Too Clause” by October 31, 2012; or (b) the Coalition notifiesthe City of its intent to terminate the “Me Too Clause” by October 31,2012.

If any one of the foregoing events occurs, either party to thisAgreement has thirty (30) days to notify the other party of its intent toreopen this Agreement in order to negotiate the non-prevailing wagerates governing the second five-year term (07/01/2012 to 06/30/2017)set forth in Article 24, Section 5. Should either party elect to reopen ne-

86

gotiations pursuant to this provision, it shall submit written notice to theother party and the City shall not be obligated to make the wage adjust-ments set forth in Article 24, Section 5. Thereafter, the parties haveninety (90) days within which to reach agreement on the Article. If theparties fail to reach agreement at the conclusion of that ninety (90) dayperiod, each party reserves the right to reopen the entire Agreement.

Other ReopenerIn the event of an emergency, cataclysmic event or other simi-

lar exigency affecting the Cityʼs financial condition, each party reservesthe right to reopen the entire Agreement.

IN WITNESS WHEREOF, each of the parties hereto, by its duly author-ized representatives(s), has executed this document as of the 12th dayof December, 2007.

APPENDIX A*graded positions designated by numbers, prevailing rate by PR, union rate by U

CODE TITLE *GRADE-RATE0301 ADMINISTRATIVE ASSISTANT I 97005 AIRPORT MAINTENANCE FOREMAN PR7010 AIRPORT OPERATIONS SUPERVISOR I 147021 AIRPORT OPERATIONS SUPERVISOR II 158205 ASPHALT CUTOUT FOREMAN PR8248 ASPHALT FOREMAN PR9464 ASPHALT HELPER PR9461 ASPHALT RAKER PR9462 ASPHALT SMOOTHER PR9463 ASPHALT TAMPER PR7025 ASSISTANT CHIEF AIRPORT OPERATIONS

SUPERVISOR 164267 ASSISTANT DIRECTOR SECURITY 168166 ASSISTANT DISTRICT SUPERVISOR OF

RODENT CONTROL 127915 ASSISTANT FORESTRY SUPERVISOR 138269 ASSISTANT SHOP SUPERVISOR 157927 ASSISTANT SUPERINTENDANT OF

FORESTRY 158194 ASSISTANT SUPERVISOR OF

STREET CLEANING 139539 CEMENT MIXER PR7151 CHIEF ORDINANCE ENFORCEMENT

OFFICER 111819 CHIEF STOREKEEPER 140169 CHIEF TIMEKEEPER 149411 CONSTRUCTION LABORER PR8307 CRIB KEEPER U8322 DISPATCHER - ASPHALT PR8323 DISPATCHER - CONCRETE PR8257 DISTRICT ASPHALT SUPERVISOR PR0417 DISTRICT CLERK 107940 DISTRICT FOREMAN OF LANDSCAPE

MAINTENANCE 98165 DISTRICT SUPERVISOR - GRAFFITI

REMOVAL SERVICES 176288 DISTRICT SUPERVISOR TRANSPORTATION 148164 DISTRICT SUPERVISOR OF RODENT CONTROL 14

87

88

APPENDIX A (cont.)*graded positions designated by numbers, prevailing rate by PR, union rate by U

CODE TITLE *GRADE-RATE7975 DISTRICT TREE FOREMAN 127360 DIVER U8114 DUMP FOREMAN U8114 DUMP FOREMAN after 3/97 PR7101 EMERGENCY CREW DISPATCHER PR6143 ENGINEERING TECHNICIAN IV 126314 ENGINEERING TECHNICIAN IV 120175 FIELD PAYROLL AUDITOR 126136 FIELD SERVICE SPECIALIST I 116137 FIELD SERVICE SPECIALIST II 136138 FIELD SERVICE SPECIALIST III 146139 FIELD SUPERVISOR 166286 FIELD VEHICLE INVESTIGATOR 138246 FOREMAN OF CONSTRUCTION LABORERS PR8244 FOREMAN OF LABORERS PR6316 FOREMAN OF LABORERS PR1860 FOREMAN OF PIPE YARD PR7916 FORESTRY SUPERVISOR 144566 GENERAL FOREMAN OF CONSTRUCTION

LABORERS PR8116 GENERAL FOREMAN OF DUMPS U8255 GENERAL FOREMAN OF LABORERS PR8243 GENERAL FOREMAN OF LABORERS PR6322 HAND LABORER U9533 LABORER - AVIATION PR9528 LABORER - BUREAU OF ELECTRICITY PR6326 LABORER - POLICE PR6323 LABORER - REVENUE PR6324 LABORER - SANITATION U9534 LABORER - TRANSPORTATION PR6325 LABORER - WATER U9409 LABORER AS ESTIMATOR IN CHARGE PR9408 LABORER AS ESTIMATOR PR9402 LABORER ON REPAIRS PR8320 MATERIALS DISPATCHER PR1535 MATERIALS INSPECTOR U1809 ORDER FILLER 89530 PARK LABORER U

89

APPENDIX A (cont.)*graded positions designated by numbers, prevailing rate by PR, union rate by U

CODE TITLE *GRADE-RATE9455 PLASTER HELPER PR7195 POWER TRUCKER U6332 PRINCIPAL STOREKEEPER 108051 PUBLIC WAY INSPECTOR I8052 PUBLIC WAY INSPECTOR II8053 PUBLIC WAY INSPECTOR III8054 PUBLIC WAY INSPECTOR IV1536 QUALITY ASSURANCE SPECIALIST 137152 REFUSE COLLECTION COORDINATOR 146305 SAFETY SPECIALIST 138171 SECTION FOREMAN6331 SENIOR STOREKEEPER 99584 CONSTRUCTION LABORER SUBFOREMAN PR9531 SHOP LABORER PR1131 SOLID WASTE REPORTING SYSTEM SPECIALIST 136308 STORE KEEPER 79532 STORES LABORER PR8253 STREET REPAIR FOREMAN PR0164 SUPERVISING TIMEKEEPER 116287 SUPERVISOR OF FIELD VEHICLE

INVESTIGATORS 148190 SUPERVISOR OF LOT CLEANING 170178 SUPERVISOR OF PAYROLL 138196 SUPERVISOR OF STREET CLEANING 156295 TRAFFIC MAINTENANCE SUPERVISOR 13

TRAFFIC SURVEYMAN3061 TRAINING AGENT I 133062 TRAINING AGENT II 147972 TREE TRIMMER I U7975 TREE TRIMMER II U7974 TREE TRIMMER III U0416 WARD CLERK 106327 WATCHMAN U6328 WATCHMAN U9495 WEIGHMASTER PR9542 YARD LABORER PR

90

APPENDIX B - PREVAILING WAGE RATES

CODE TITLE RATE JULY 1, 20077005 AIRPORT MAINTENANCE FOREMAN 28.528205 ASPHALT CUTOUT FOREMAN 34.058248 ASPHALT FOREMAN 34.059464 ASPHALT HELPER 33.15

as Jackhammerman - Paintman- Raker 33.42as Foreman 34.05

9461 ASPHALT RAKER 33.429462 ASPHALT SMOOTHER 33.229463 ASPHALT TAMPER 33.229539 CEMENT MIXER 33.15

as Jackhammerman 33.42as Foreman 34.05

9411 CONSTRUCTION LABORER 33.15as Jackhammerman or Bottomman 33.50as Mucker 33.37as Subforeman 33.95as Underground Laborer 33.27as Meter Cleaner 33.45as Scaffoolding or Second Bottomman 33.37

8322 DISPATCHER - ASPHALT 33.158323 DISPATCHER - CONCRETE 33.158257 DISTRICT ASPHALT SUPERVISOR 5,952.277101 EMERGENCY CREW DISPATCHER 33.158246 FOREMAN OF CONSTRUCTION LABORERS 34.258244 FOREMAN OF LABORERS 34.056316 FOREMAN OF LABORERS 34.051860 FOREMAN OF PIPE YARD 34.254566 GENERAL FOREMAN OF CONSTRUCTION

LABORERS 37.548255 GENERAL FOREMAN OF LABORERS 37.548243 GENERAL FOREMAN OF LABORERS 37.549533 LABORER - AVIATION 27.529528 LABORER - BUREAU OF ELECTRICITY 33.15

as Jackhammerman 33.42as Foreman 34.05

6326 LABORER - POLICE 33.156323 LABORER - REVENUE 33.159534 LABORER - TRANSPORTATION 33.159409 LABORER AS ESTIMATOR IN CHARGE 34.659408 LABORER AS ESTIMATOR 33.15

91

APPENDIX B - PREVAILING WAGE RATES (cont.)

CODE TITLE RATE JULY 1, 20079402 LABORER ON REPAIRS 34.65

as Jackhammermanas Street Repair Foreman

8320 MATERIALS DISPATCHER 33.159455 PLASTER HELPER 33.159584 CONSTRUCTION LABORER SUBFOREMAN 33.959531 SHOP LABORER 33.159532 STORES LABORER 33.158253 STREET REPAIR FOREMAN 34.059542 YARD LABORER 33.15

92

APPENDIX C - UNION WAGE RATESDates noted with asterick * are subject to “Me too” clause and re-opener provisions ofSection 24.5 above.

CODE TITLE RATE: 7/1/078114 DUMP FOREMAN 5,055.058114 DUMP FOREMAN after 3/97 30.268116 GENERAL FOREMAN OF DUMPS6322 HAND LABORER 16.976324 LABORER - SANITATION - 70% 19.806324 LABORER - SANITATION - 80% 22.626324 LABORER - SANITATION - 90% 25.456324 LABORER - SANITATION 28.286324 LABORER - AS GRAFFITTI BLASTER 30.286324 LABORER - ON MANLIFT 33.156325 LABORER - WATER 17.177972 TREE TRIMMER I 28.287975 TREE TRIMMER II 29.106327 WATCHMAN 17.176328 WATCHMAN 17.176330 WATCHMAN 17.179495 WEIGHMASTER 28.288114 DUMP FOREMAN 5,168.798114 DUMP FOREMAN after 3/97 30.948116 GENERAL FOREMAN OF DUMPS6322 HAND LABORER 17.346324 LABORER - SANITATION - 70% 20.246324 LABORER - SANITATION - 80% 23.136324 LABORER - SANITATION - 90% 26.026324 LABORER - SANITATION 28.926324 LABORER - AS GRAFFITTI BLASTER 30.926324 LABORER - ON MANLIFT 33.156325 LABORER - WATER 17.567972 TREE TRIMMER I 28.927975 TREE TRIMMER II 29.746327 WATCHMAN 17.566328 WATCHMAN 17.569495 WEIGHMASTER 28.92

93

NOTES

94

APPENDIXD

SCHEDULEU/V

EFFECTIVEJULY

1,2007

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

270152251

282992358

296432470

310512588

325262710

9ANNUAL

MONTHLY

296582471

10ANNUAL

MONTHLY

325182710

11ANNUAL

MONTHLY

356812973

12ANNUAL

MONTHLY

391483262

13ANNUAL

MONTHLY

429533579

14ANNUAL

MONTHLY

471593930

15ANNUAL

MONTHLY

517404312

16ANNUAL

MONTHLY

567824732

17ANNUAL

MONTHLY

622855190

8ANNUAL

27,01528,296

29,65231,004

32,52034,428

36,03637,740

39,54041,448

43,38045,492

MONTHLY

2,2512,358

2,4712,587

2,7102,869

3,0033,145

3,2953,454

3,6153,791

9ANNUAL

29,65231,044

32,52034,092

35,67637,740

39,54041,448

43,38045,492

47,62849,836

MONTHLY

2,4712,587

2,7102,841

2,9733,145

3,2953,454

3,6153,791

3,9694,153

10ANNUAL

32,52034,092

35,67637,368

39,14441,448

43,38045,492

47,62849,872

52,26054,732

MONTHLY

2,7102,841

2,9733,114

3,2623,454

3,6153,791

3,9694,156

4,3554,561

11ANNUAL

35,67637,368

39,14441,040

42,94845,492

47,62849,872

52,26054,732

57,34860,072

MONTHLY

2,9733,114

3,2623,420

3,5793,791

3,9694,156

4,3554,561

4,7795,006

12ANNUAL

39,14441,040

42,94845,036

47,16049,872

52,26054,732

57,34860,072

62,90465,916

MONTHLY

3,2623,420

3,5793,753

3,9304,156

4,3554,561

4,7795,006

5,2425,493

13ANNUAL

42,94845,036

47,16049,380

51,74454,732

57,34860,072

62,90465,916

69,01272,324

MONTHLY

3,5793,753

3,9304,115

4,3124,561

4,7795,006

5,2425,493

5,7516,027

14ANNUAL

47,16049,380

51,74454,192

56,78260,072

62,90465,916

69,01272,324

75,78079,344

MONTHLY

3,9304,115

4,3124,516

4,7325,006

5,2425,493

5,7516,027

6,3156,612

15ANNUAL

51,74454,192

56,78259,472

62,28065,916

69,01272,324

75,78079,344

83,13687,084

MONTHLY

4,3124,516

4,7324,956

5,1905,493

5,7516,027

6,3156,612

6,9287,257

16ANNUAL

56,78259,472

62,28065,268

68,32872,324

75,78079,344

83,13687,084

91,21295,532

MONTHLY

4,7324,956

5,1905,439

5,6946,027

6,3156,612

6,9287,257

7,6017,961

17ANNUAL

62,28065,268

68,32871,604

75,02479,344

83,13687,084

91,21295,532

100,080104,808

MONTHLY

5,1905,439

5,6945,967

6,2526,612

6,9287,257

7,6017,961

8,3408,734

95

APPENDIXE

SCHEDULEU/V

EFFECTIVEJAN.1,2008

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

9ANNUAL

MONTHLY

10ANNUAL

MONTHLY

11ANNUAL

MONTHLY

12ANNUAL

MONTHLY

13ANNUAL

MONTHLY

14ANNUAL

MONTHLY

15ANNUAL

MONTHLY

16ANNUAL

MONTHLY

17ANNUAL

MONTHLY

8ANNUAL

27,62428,932

30,32431,740

33,25235,208

36,85238,592

40,42842,384

44,35246,512

MONTHLY

2,3022,411

2,5272,645

2,7712,934

3,0713,216

3,3693,532

3,6963,876

9ANNUAL

30,32431,740

33,25234,860

36,48038,592

40,42842,384

44,35246,512

48,69650,952

MONTHLY

2,5272,645

2,7712,905

3,0403,216

3,3693,532

3,6963,876

4,0584,246

10ANNUAL

33,25234,860

36,48038,208

40,02042,384

44,35246,512

48,69651,000

53,43655,968

MONTHLY

2,7712,905

3,0403,184

3,3353,532

3,6963,876

4,0584,250

4,4534,664

11ANNUAL

36,48038,208

40,02041,964

43,92046,512

48,69651,000

53,43655,968

58,64461,428

MONTHLY

3,0403,184

3,3353,497

3,6603,876

4,0584,250

4,4534,664

4,8875,119

12ANNUAL

40,02041,964

43,92046,044

48,21651,000

53,43655,968

58,64461,428

64,32067,404

MONTHLY

3,3353,497

3,6603,837

4,0184,250

4,4534,664

4,8875,119

5,3605,617

13ANNUAL

43,92046,044

48,21650,496

52,90855,968

58,64461,428

64,32067,404

70,56073,956

MONTHLY

3,6603,837

4,0184,208

4,4094,664

4,8875,119

5,3605,617

5,8806,163

14ANNUAL

48,21650,496

52,90855,416

58,05661,428

64,32067,404

70,56073,956

77,48481,132

MONTHLY

4,0184,208

4,4094,618

4,8385,119

5,3605,617

5,8806,163

6,4576,761

15ANNUAL

52,90855,416

58,05660,816

63,68467,404

70,56073,956

77,48481,132

85,00889,040

MONTHLY

4,4094,618

4,8385,068

5,3075,617

5,8806,163

6,4576,761

7,0847,420

16ANNUAL

58,05660,816

63,68466,732

69,86473,956

77,48481,132

85,00889,040

93,26497,680

MONTHLY

4,8385,068

5,3075,561

5,8226,163

6,4576,761

7,0847,420

7,7728,140

17ANNUAL

63,68466,732

69,86473,212

76,71681,132

85,00889,040

93,26497,680

102,336107,172

MONTHLY

5,3075,561

5,8226,101

6,3936,761

7,0847,420

7,7728,140

8,5288,931

96

APPENDIXF

SCHEDULEU/V

EFFECTIVEJAN.1,2009

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

9ANNUAL

MONTHLY

10ANNUAL

MONTHLY

11ANNUAL

MONTHLY

12ANNUAL

MONTHLY

13ANNUAL

MONTHLY

14ANNUAL

MONTHLY

15ANNUAL

MONTHLY

16ANNUAL

MONTHLY

17ANNUAL

MONTHLY

8ANNUAL

28,45229,796

31,23632,688

34,24836,264

37,95639,744

41,64043,656

45,68447,904

MONTHLY

2,3712,483

2,6032,724

2,8543,022

3,1633,312

3,4703,638

3,8073,992

9ANNUAL

31,23632,688

34,24835,904

37,57239,744

41,64043,656

45,68447,904

50,16052,476

MONTHLY

2,6032,724

2,8542,992

3,1313,312

3,4703,638

3,8073,992

4,1804,373

10ANNUAL

34,24835,904

37,57239,360

41,22043,656

45,68447,904

50,16052,536

55,04457,648

MONTHLY

2,8542,992

3,1313,280

3,4353,638

3,8073,992

4,1804,378

4,5874,804

11ANNUAL

37,57239,360

41,22043,224

45,24047,904

50,16052,536

55,04457,648

60,40863,276

MONTHLY

3,1313,280

3,4353,602

3,7703,992

4,1804,378

4,5874,804

5,0345,273

12ANNUAL

41,22043,224

45,24047,424

49,66852,536

55,04457,648

60,40863,276

66,25269,432

MONTHLY

3,4353,602

3,7703,952

4,1394,378

4,5874,804

5,0345,273

5,5215,786

13ANNUAL

45,24047,424

49,66852,008

54,49257,648

60,40863,276

66,25269,432

72,67276,176

MONTHLY

3,7703,952

4,1394,334

4,5414,804

5,0345,273

5,5215,786

6,0566,348

14ANNUAL

49,66852,008

54,49257,084

59,79663,276

66,25269,432

72,67276,176

79,81283,568

MONTHLY

4,1394,334

4,5414,757

4,9835,273

5,5215,786

6,0566,348

6,6516,964

15ANNUAL

54,49257,084

59,79662,640

65,59269,432

72,67276,176

79,81283,568

87,56491,716

MONTHLY

4,5414,757

4,9835,220

5,4665,786

6,0566,348

6,6516,964

7,2977,643

16ANNUAL

59,79662,640

65,59268,736

71,96476,176

79,81283,568

87,56491,716

96,060100,608

MONTHLY

4,9835,220

5,4665,728

5,9976,348

6,6516,964

7,2977,643

8,0058,384

17ANNUAL

65,59268,736

71,96475,408

79,02083,568

87,56491,716

96,060100,608

105,408110,388

MONTHLY

5,4665,728

5,9976,284

6,5856,964

7,2977,643

8,0058,384

8,7849,199

97

APPENDIXG

SCHEDULEU/V

EFFECTIVEJAN.1,2010

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

9ANNUAL

MONTHLY

10ANNUAL

MONTHLY

11ANNUAL

MONTHLY

12ANNUAL

MONTHLY

13ANNUAL

MONTHLY

14ANNUAL

MONTHLY

15ANNUAL

MONTHLY

16ANNUAL

MONTHLY

17ANNUAL

MONTHLY

8ANNUAL

29,30430,684

32,17233,672

35,28037,356

39,09640,932

42,88844,964

47,05249,344

MONTHLY

2,4422,557

2,6812,806

2,9403,113

3,2583,411

3,5743,747

3,9214,112

9ANNUAL

32,17233,672

35,28036,984

38,70040,932

42,88844,964

47,05249,344

51,66054,048

MONTHLY

2,6812,806

2,9403,082

3,2253,411

3,5743,747

3,9214,112

4,3054,504

10ANNUAL

35,28036,984

38,70040,536

42,45644,964

47,05249,344

51,66054,108

56,70059,376

MONTHLY

2,9403,082

3,2253,378

3,5383,747

3,9214,112

4,3054,509

4,7254,948

11ANNUAL

38,70040,536

42,45644,520

46,59649,344

51,66054,108

56,70059,376

62,22065,172

MONTHLY

3,2253,378

3,5383,710

3,8834,112

4,3054,509

4,7254,948

5,1855,431

12ANNUAL

42,45644,520

46,59648,852

51,15654,108

56,70059,376

62,22065,172

68,24471,520

MONTHLY

3,5383,710

3,8834,071

4,2634,509

4,7254,948

5,1855,431

5,6875,960

13ANNUAL

46,59648,852

51,15653,568

56,12459,376

62,22065,172

68,24471,520

74,85678,456

MONTHLY

3,8834,071

4,2634,464

4,6774,948

5,1855,431

5,6875,960

6,2386,538

14ANNUAL

51,15653,568

56,12458,800

61,58465,172

68,24471,520

74,85678,456

82,21286,076

MONTHLY

4,2634,464

4,6774,900

5,1325,431

5,6875,960

6,2386,538

6,8517,173

15ANNUAL

56,12458,800

61,58464,524

67,56071,520

74,85678,456

82,21286,076

90,19294,464

MONTHLY

4,6774,900

5,1325,377

5,6305,960

6,2386,538

6,8517,173

7,5167,872

16ANNUAL

61,58464,524

67,56070,800

74,12478,456

82,21286,076

90,19294,464

98,940103,632

MONTHLY

5,1325,377

5,6305,900

6,1776,538

6,8517,173

7,5167,872

8,2458,636

17ANNUAL

67,56070,800

74,12477,676

81,39686,076

90,19294,464

98,940103,632

108,576113,700

MONTHLY

5,6305,900

6,1776,473

6,7837,173

7,5167,872

8,2458,636

9,0489,475

98

APPENDIXH

SCHEDULEU/V

EFFECTIVEJAN.1,2011

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

9ANNUAL

MONTHLY

10ANNUAL

MONTHLY

11ANNUAL

MONTHLY

12ANNUAL

MONTHLY

13ANNUAL

MONTHLY

14ANNUAL

MONTHLY

15ANNUAL

MONTHLY

16ANNUAL

MONTHLY

17ANNUAL

MONTHLY

8ANNUAL

30,25231,680

33,21634,764

36,43238,568

40,36842,264

44,28046,428

48,57650,952

MONTHLY

2,5212,640

2,7682,897

3,0363,214

3,3643,522

3,6903,869

4,0484,246

9ANNUAL

33,21634,764

36,43238,184

39,96042,264

44,28046,428

48,57650,952

53,34055,800

MONTHLY

2,7682,897

3,0363,182

3,3303,522

3,6903,869

4,0484,246

4,4454,650

10ANNUAL

36,43238,184

39,96041,856

43,83646,428

48,57650,952

53,34055,872

58,54861,308

MONTHLY

3,0363,182

3,3303,488

3,6533,869

4,0484,246

4,4454,656

4,8795,109

11ANNUAL

39,96041,856

43,83645,972

48,10850,952

53,34055,872

58,54861,308

64,24867,296

MONTHLY

3,3303,488

3,6533,831

4,0094,246

4,4454,656

4,8795,109

5,3545,608

12ANNUAL

43,83645,972

48,10850,436

52,82455,872

58,54861,308

64,24867,296

70,46473,848

MONTHLY

3,6533,831

4,0094,203

4,4024,656

4,8795,109

5,3545,608

5,8726,154

13ANNUAL

48,10850,436

52,82455,308

57,94861,308

64,24867,296

70,46473,848

77,29281,000

MONTHLY

4,0094,203

4,4024,609

4,8295,109

5,3545,608

5,8726,154

6,4416,750

14ANNUAL

52,82455,308

57,94860,708

63,58867,296

70,46473,848

77,29281,000

84,88888,872

MONTHLY

4,4024,609

4,8295,059

5,2995,608

5,8726,154

6,4416,750

7,0747,406

15ANNUAL

57,94860,708

63,58866,624

69,75673,848

77,29281,000

84,88888,872

93,12097,536

MONTHLY

4,8295,059

5,2995,552

5,8136,154

6,4416,750

7,0747,406

7,7608,128

16ANNUAL

63,58866,624

69,75673,104

76,53681,000

84,88888,872

93,12097,536

102,156107,004

MONTHLY

5,2995,552

5,8136,092

6,3786,750

7,0747,406

7,7608,128

8,5138,917

17ANNUAL

69,75673,104

76,53680,196

84,03688,872

93,12097,536

102,156107,004

112,104117,396

MONTHLY

5,8136,092

6,3786,683

7,0037,406

7,7608,128

8,5138,917

9,3429,783

99

APPENDIXI

SCHEDULEU/V

EFFECTIVEJAN.1,2012

BASESALARYPLAN

TOPBASE

RATE(TBR*)

INTERMEDIATERATES(IR*)

LONGEVITYRATES

(LR*)

ENTRANCERATE

TOPBASE

RATE1YR

ATTBR*

1YRAT

1STIR*

1YRAT

2NDIR*

1YRAT

3RDIR*

1YRAT

4THIR*

1YRAT

1STLR*

1YRAT

2NDLR*

1YRAT

3RDLR*

CLASSGRADE

FIRST6

MNTHS

NEXT12M

NTHSNEXT

12MNTHS

NEXT12M

NTHS

&5YR

CONT.SERV.

&8YR

CONT.SERV.

&11YR

CONT.SERV.

&14YR

CONT.SERV.

&17YR

CONT.SERV.

&20YR

CONT.SERV.

&23YR

CONT.SERV.

&25YR

CONT.SERV.

8ANNUAL

MONTHLY

9ANNUAL

MONTHLY

10ANNUAL

MONTHLY

11ANNUAL

MONTHLY

12ANNUAL

MONTHLY

13ANNUAL

MONTHLY

14ANNUAL

MONTHLY

15ANNUAL

MONTHLY

16ANNUAL

MONTHLY

17ANNUAL

MONTHLY

8ANNUAL

31,30832,784

34,38035,976

37,70439,912

41,78443,740

45,82848,048

50,28052,740

MONTHLY

2,6092,732

2,8652,998

3,1423,326

3,4823,645

3,8194,004

4,1904,395

9ANNUAL

34,38035,976

37,70439,516

41,36443,740

45,82848,048

50,28052,740

55,21257,756

MONTHLY

2,8652,998

3,1423,293

3,4473,645

3,8194,004

4,1904,395

4,6014,813

10ANNUAL

37,70439,516

41,36443,320

45,37248,048

50,28052,740

55,21257,828

60,60063,456

MONTHLY

3,1423,293

3,4473,610

3,7814,004

4,1904,395

4,6014,819

5,0505,288

11ANNUAL

41,36443,320

45,37247,580

49,78852,740

55,21257,828

60,60063,456

66,49269,648

MONTHLY

3,4473,610

3,7813,965

4,1494,395

4,6014,819

5,0505,288

5,5415,804

12ANNUAL

45,37247,580

49,78852,200

54,67257,828

60,60063,456

66,49269,648

72,93676,428

MONTHLY

3,7813,965

4,1494,350

4,5564,819

5,0505,288

5,5415,804

6,0786,369

13ANNUAL

49,78852,200

54,67257,240

59,97663,456

66,49269,648

72,93676,428

79,99283,832

MONTHLY

4,1494,350

4,5564,770

4,9985,288

5,5415,804

6,0786,369

6,6666,986

14ANNUAL

54,67257,240

59,97662,832

65,80869,648

72,93676,428

79,99283,832

87,86491,980

MONTHLY

4,5564,770

4,9985,236

5,4845,804

6,0786,369

6,6666,986

7,3227,665

15ANNUAL

59,97662,832

65,80868,952

72,19276,428

79,99283,832

87,86491,980

96,384100,944

MONTHLY

4,9985,236

5,4845,746

6,0166,369

6,6666,986

7,3227,665

8,0328,412

16ANNUAL

65,80868,952

72,19275,660

79,21283,832

87,86491,980

96,384100,944

105,732110,748

MONTHLY

5,4845,746

6,0166,305

6,6016,986

7,3227,665

8,0328,412

8,8119,229

17ANNUAL

72,19275,660

79,21283,004

86,97691,980

96,384100,944

105,732110,748

116,028121,500

MONTHLY

6,0166,305

6,6016,917

7,2487,665

8,0328,412

8,8119,229

9,66910,125

NOTES

NOTES