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AGREEMENT BETWEEN ELEMENTARY SCHOOL DISTRICT 102 AND STATE AND MUNICIPAL TEAMSTERS, CHAUFFEURS & HELPERS LOCAL 700, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMENT & HELPERS OF AMERICA JULY 1, 2020 – JUNE 30, 2022

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Page 1: JULY 1, 2020 – JUNE 30, 2022 HELPERS OF AMERICA OF … Folder... · 2020-07-27 · change in the amount of the regular dues to be deducted more than once within any twelve (12)

AGREEMENT

BETWEEN

ELEMENTARY SCHOOL DISTRICT 102

AND

STATE AND MUNICIPAL TEAMSTERS, CHAUFFEURS& HELPERS LOCAL 700, INTERNATIONAL BROTHERHOOD

OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMENT &HELPERS OF AMERICA

JULY 1, 2020 – JUNE 30, 2022

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Table of Contents

PREAMBLE 5

ARTICLE IRECOGNITION 5

Section 1. Dues Deduction. 6Section 2. D.R.I.V.E. 6Section 3. Indemnification 7

ARTICLE IIMANAGEMENT RIGHTS 7

ARTICLE IIIUNION RIGHTS 8

Section 1. Bulletin Boards. 8Section 2. Union Access. 8Section 3. Investigation and Processing of Grievances. 8Section 4. Union Leave. 8

ARTICLE IVGRIEVANCE PROCEDURE 8

Section1. Definition. 8Section 2. Procedure. 8Section 3. General. 10

ARTICLE VFILLING OF VACANCIES 11

Section 1. Postings. 11Section 2. Filling Vacancies. 11Section 3. Evaluation Period. 11

ARTICLE VITRANSFERS 12

Section 1. Voluntary Trades. 12Section 2. Involuntary Trades. 12Section 3. Acting in a Higher Rated Job. 12

ARTICLE VIIHOURS OF WORK AND OVERTIME 12

Section 1. Purpose. 12Section 2. Definition of Regular Full Time. 13Section 3. Normal Work Week and Normal Work Year. 13Section 4. Break and Meal Periods. 13

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Section 5. Overtime. 13Section 6. Call Back. 14Section 7. No Pyramiding. 14

ARTICLE VIIIWAGES 15

ARTICLE IXVACATION 15

ARTICLE XHOLIDAYS 16

ARTICLE XIUNIFORMS 17

ARTICLE XIIINSURANCE 17

Section 1. Health Insurance. 17Section 2. Dental Insurance. 18Section 3. Disability Insurance. 18Section 4. Life Insurance. 18Section 5. Changes to Insurance Benefits. 18

ARTICLE XIIILEAVES OF ABSENCE 18

Section 1. Sick Leave. 18Section 2. Bereavement Leave. 19Section 3. Family and Medical Leave. 19Section 4. Jury Leave. 19Section 5. Military Leave. 19Section 6. Personal Leave. 19Section 7. Discretionary Leave of Absence. 20

ARTICLE XIVSENIORITY 20

Section 1. Definition of Seniority 20Section 2. Probationary Period – Newly Hired Employees 20Section 3. Seniority List. 20Section 4. Termination of Seniority. 21

ARTICLE XVLAYOFF AND RECALL 21

Section 1. Layoff. 21Section 2. Recall. 22

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ARTICLE XVIEMPLOYEE DISCIPLINE 22

Section 1. Suspensions Without Pay and Discharges. 22Section 2. Progressive Discipline. 22Section 3. Written and Verbal Reprimands. 23Section 4. Investigatory Interview. 23

ARTICLE XVIISUBCONTRACTING 23

ARTICLE XVIIILABOR MANAGEMENT COMMITTEE 23

ARTICLE XIXNO STRIKE – NO LOCKOUT 24

ARTICLE XXSAVINGS CLAUSE 24

ARTICLE XXIENTIRE AGREEMENT 24

ARTICLE XXIIDURATION 25

APPENDIX A 26TEAMSTERS UNION GRIEVANCE REPORT 26

APPENDIX B 27Starting Salary Grid 27

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AGREEMENT

BETWEEN

ELEMENTARY SCHOOL DISTRICT 102

AND

STATE AND MUNICIPAL TEAMSTERS, CHAUFFEURS& HELPERS LOCAL 700, INTERNATIONAL BROTHERHOOD

OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMENT &HELPERS OF AMERICA

PREAMBLE

THIS AGREEMENT is entered into by ELEMENTARY SCHOOL DISTRICT 102, ILLINOIS (hereinafter referred to as the "District" or the "Employer") and State and Municipal Teamsters, Chauffeurs & Helpers Local 700, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (hereinafter referred to as "Union" or "Local 700").

It is the purpose of this Agreement and it is the intent of the parties hereto to establish and promote a mutual harmonious understanding and relationship between the District and Local 700, to promote departmental efficiency and effectiveness, to establish wages, hours, standards and other terms and conditions of employment for employees covered by this Agreement, and to provide for the equitable and peaceful adjustment and resolution of differences which may arise from time to time over the negotiations, interpretation and application of this Agreement.

In consideration of the mutual promises, covenants and agreements contained herein, the parties hereto, by their duly authorized representatives and/or agents, do mutually covenant and agree as follows:

ARTICLE I

RECOGNITION

The District recognizes the Union as the sole and exclusive collective bargaining representative for all full-time employees in the job titles of Chief Custodian, and Custodian I and Delivery Driver, excluding all confidential, supervisory, managerial and short-term employees as defined by the IELRA.

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ARTICLE IIUNION SECURITY

Section 1. Dues Deduction.

Upon receipt of written and signed authorization from an employee, the District shall deduct the amount of Union dues and initiation fees, if any, set forth in such form and any authorized increase therein, from the wages of the employee and shall remit such deductions to the Union by the tenth (10th) day of the month following the month in which the deductions are made. The Union shall advise the District of any increase in dues, in writing, at least thirty (30) days prior to its effective date. The Union further agrees that it will not submit written notification of a change in the amount of the regular dues to be deducted more than once within any twelve (12) month period of time.

Upon request of the Union, the District agrees to "catch up" a delinquent employee's dues, initiation fees, reinitiation fees, and assessments. The Union will specify the additional_ amount to be deducted from the employee's wages and the time period in which the deductions shall be taken.

Section 2. D.R.I.V.E.

The District agrees to deduct from the paycheck of all employees who submit authorization cards voluntarily contributions to D.R.I.V.E. D.R.I.V.E. shall notify the District of the amount designated by each contributing employee that is to be deducted from his/her paycheck semi-monthly for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. The District shall remit to:

D.RI.V.EInternational Brotherhood of Teamsters 25 Louisiana Avenue, NWWashington, DC 20001

On a monthly basis, the District will send one check for the total D.R.I.V.E amount deducted, along with the name of each employee on whose behalf a deduction is made, the last four digits of the employee's social security number, and the amount deducted from the employee's paycheck No such authorization shall be recognized if in violation of State and Federal law. No deduction shall be made that is prohibited by applicable law. An employee shall notify the District and the Union in writing should the employee wish to discontinue his/her D.R.I.V.E. contribution.

Section 3. Indemnification

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The Union agrees to assume full responsibility to insure compliance with the requirements established by State and Federal law with respect to the rights of employees as it relates to dues deduction and D.R.I.V.E contributions. The Union shall indemnify and hold harmless the District, its Board members, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise), including costs and attorneys' fees, that arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. The District shall notify the Union if there is any lawsuit or other legal challenge to the provisions of this Article and the District, upon such notice being given, shall have the right to designate legal counsel to defend such action and the Union will pay the District's reasonable attorneys' fees and costs.

ARTICLE III

MANAGEMENT RIGHTS

Except as limited by the written provisions of this Agreement, the District retains all traditional rights to manage and direct the affairs of the District in all of its various aspects and to manage and direct its employees, including but not limited to the following: to plan, direct, control and determine the budget and all the operations, services and missions of the District; to determine the methods, means, organization and number of personnel by which such operations and services shall be conducted; to supervise and direct the work force; to transfer employees between school buildings; to hire and establish the qualifications for employment; to establish work and productivity standards and from time-to-time to change those standards; to assign overtime; to make, alter and enforce reasonable rules, regulations, policies and procedures; to evaluate employees; to require the physical and mental fitness of employees; to discipline employees; to suspend employees without pay and discharge employees with just cause; to establish and change work schedules and set hours of work; to establish, eliminate or change classifications; to assign, promote or demote employees; to lay off employees because of lack of work or other reasons; to change or eliminate existing methods, equipment or facilities or introduce new ones; to determine training needs and assign employees to training; and to take any and all actions as may be necessary to carry out the mission of the District.

ARTICLE IV

UNION RIGHTS

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Section 1. Bulletin Boards.

The District shall provide the Union with designated space on a bulletin board upon which the Union may post notices of its meetings and other Union activities, provided such notices are of a non-political and non-inflammatory nature. The Union will limit the posting of Union notices to such bulletin board.

Section 2. Union Access.

The District agrees that one (1) representative from the Union shall have reasonable access to the premises of the District upon appropriate notice and approval by the District The Union representative shall call the appropriate School Principal or designee before his arrival and obtain prior approval before entering upon the District's Premises. The Union representative shall not, in any way, disturb employees who are working.

Section 3. Investigation and Processing of Grievances.

The Union Steward shall, after giving appropriate notice and approval by the District, be allowed reasonable time off, with pay, during working hours to attend grievance hearings or grievance meetings on the premises of the District. Attendance is subject to the manpower needs of the District.

Section 4. Union Leave.

Upon at least forty-eight (48) hours advance notice and approval by the District, one (1) employee shall be allowed to use accrued vacation time or be given unpaid leave to attend conventions, educational conferences, general, executive and special meetings of the Union. Attendance is subject to the manpower needs of the District

ARTICLE V

GRIEVANCE PROCEDURE

Section1. Definition.

A "grievance" is defined as a written allegation by an employee or the Union that the District has violated a specific provision of this Agreement.

Section 2. Procedure.

The parties acknowledge that it is most desirable for an employee to resolve problems through an informal discussion. Therefore, an employee must first attempt to resolve any potential grievance by discussing the matter with the principal whose action(s) gave rise to the potential grievance. If, however, the informal process fails to satisfy the employee, a grievance may be processed as follows:

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Step 1: Any employee and/or Union representative, who has a grievance shall submit the grievance in writing on a grievance form attached hereto as Appendix A. to the Building Principal or other supervisor whose action is being grieved. The grievance shall contain a statement of facts and circumstances, the provision(s) of the Agreement alleged to have been violated, and the relief sought All grievances shall be filed within fifteen (15) days from the date of the occurrence which gave rise to the alleged violation or fifteen (15) days from when the grievant, through normal diligence, should have become aware of the occurrence. The_ Building Principal or other supervisor shall investigate the grievance and shall offer to discuss the grievance with the grievant and/or the Union at a mutually agreed upon time. The Building Principal or other supervisor shall render a written response to the grievant within seven (7) days after receipt of the grievance.

Step 2: If the grievance is not settled at Step i, and the grievant and/or the Union wishes to appeal the decision to Step 2, the grievance shall be submitted in writing to the Superintendent within seven (7) days after receipt of the response at Step 1. The Superintendent shall then investigate the grievance, and he/she may hold a discussion with the involved parties if he/she deems it necessary. The Superintendent shall respond to the grievance in writing within seven (7) days after receipt of the grievance.

Step 3: If the grievance is not settled at Step 2 and the grievant and/or the Union wishes to appeal, it shall be referred in writing to the Board of Education within seven (7) days after the grievant receives the Superintendent’s response at Step 2. The Board shall schedule the grievance for a hearing at a time mutually agreed upon by the parties but not later than thirty (30) days after the Board’s receipt of the grievance. If no settlement is reached, the Board shall give its written response to the grievant within seven (7) days of its meeting.

Step 4: If the grievance is not settled at Step 3, and the Union (in its sole discretion)wishes to appeal the grievance, it may refer the matter to arbitration within seven (7) days after it receives the Board's Step 3 response. The arbitration shall proceed in the following manner:

a. The parties shall attempt to agree upon an arbitrator within seven (7) days after receipt of the notice of referral to arbitration. In the event that the parties are unable to agree upon an arbitrator within the seven-day period, the Union shall file a request to the Federal Mediation and Conciliation Service for a panel of seven (7) arbitrators located in Illinois, Indiana and/or Wisconsin. However, such arbitrators must be members, in good standing, of the National Academy of Arbitrators. A coin toss shall determine which party strikes first The person remaining shall be the

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arbitrator. The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of the District and the Union.

b. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only whether there has been a violation of the provision(s) of this Agreement as stated in the grievance. The arbitrator will have no authority to make a decision on any issue not so submitted or raised. Any decision or award of the arbitrator rendered within the limitations of this Article shall be final and binding upon the Board, the Union and the employees covered by the Agreement.

c. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the Board and the Union provided that each party should be responsible for compensating its own representatives and witnesses.

d. The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later.

Section 3. General.

a. The District acknowledges the right and responsibility of the Union's representatives to participate in processing a grievance.

b. Unless requested by the employee, grievance records shall be filed separately from the personnel files of the employee.

c. Upon the mutual written agreement of the Union and the Superintendent, a grievance may be brought directly to the Superintendent.

d. A grievance may be withdrawn at any level.

e. The District will attempt to arrange mutually convenient times and places for meetings and hearings conducted under the grievance procedure. The District shall not be required to conduct any grievance meeting or hearing on working time or to pay any employee for time spent in processing any grievance on non-working time. However, an administrator may wish to discuss a grievance during working hours, in which case all employees whose presence is required by the administrator, shall be excused, with pay, for that purpose. The investigation or processing of any grievance by a grieving employee shall be conducted without interruption of his/her job responsibilities.

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f. Time limits in this Article shall be, unless stated otherwise, noted as working days. A working day is defined as a day when the District's administrative office is open. No grievance shall be processed or entertained unless it is filed by the employee or Union within the time limits set forth in this Article (Grievance Procedure). If a grievance is not presented by the employee or Union within the time limits set forth above, it shall be considered "waived" and may not be further pursued by the employee or Union. If the grievance is not appealed to the next step within the specified time limit, it shall be considered settled on the basis of the District's last response. Failure of the administration or Board to act in a timely manner shall permit the grievant to proceed to the next step in the grievance procedure.

ARTICLE VI

FILLING OF VACANCIES

Section 1. Postings.

If the District determines that there is a vacancy in a classification covered by this Agreement, a notice of such vacancy shall be placed in the mailbox of each bargaining unit member. For a ten (10) business day period thereafter, an employee who wishes to apply for such vacancy may do so by submitting an application to be considered for the vacancy.

Section 2. Filling Vacancies.

It is the policy of the District to fill vacancies covered by this Agreement with the most qualified applicant after providing notice of the vacancy as stated above. The "most qualified applicant" shall be defined as the most senior employee when the vacancy is for a custodian with the approval of the principal(s) of the affected school(s), which approval shall not be unreasonably denied. "The most qualified applicant'' shall be defined as the person with greater skills and experience, when filling the vacancies for a Chief Custodian. The District will consider all applications timely submitted by bargaining unit employees prior to considering applications from individuals outside of the bargaining unit. If the District determines that two or more District applicants are equally qualified and no one applicant is deemed most qualified, the District shall award the position to the most senior, full-time employee in all instances.

Section 3. Evaluation Period.

The successful bidder for any vacancy under this Article shall have an evaluation period, not to exceed sixty (60) working days, to demonstrate that he or she can perform the job. During this period, the District may return the employee to the job he/she held just prior to the awarding of the bid, displacing, if necessary, any employee who. has been placed into the prior job.

ARICLE VII

TRANSFERS

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Section 1. Voluntary Trades.

Employees who desire a change in their work location by trading places with another bargaining unit member may make a joint request in writing to the District's Director of Finance and Operations, who will present the request to the affected Building Principals. The trade shall take place so long as the Principals approve the request. The District agrees that such approval shall not be arbitrarily denied.

Section 2. Involuntary Trades.

No employee shall be involuntarily transferred on a permanent or indefinite basis unless the employee and the Union are given five (5) days written notice informing the employee and the Union the reason(s) for the transfer and affording the employee and union an opportunity to discuss the reasons for the transfer with the Assistant Superintendent for Finance and Operations or designee. When two or more custodian employees within the same school building are considered for an involuntary transfer from that building, the most senior custodian shall first be given the opportunity to transfer. If no custodian consents to the transfer, the least senior custodian shall be involuntarily transferred.

Section 3. Acting in a Higher Rated Job.

When a Custodian is transferred to a Chief Custodian's job on a temporary basis, he shall receive the Chief Custodian's rate of pay, provided the transfer is at least two (2) hours in length. The Chief Custodian's rate of pay under this section is defined as 15% above employee's current rate or entry level rate of Chief Custodian, whichever is greater. If the Delivery Driver is required to act as a Substitute Custodian for at least two (2) hours, that individual will be paid at the beginning Custodian rate for the time worked in that capacity.

ARTICLE VIII

HOURS OF WORK AND OVERTIME

Section 1. Purpose.

This Article is not intended to be a guarantee of hours of work per day or per week.

Section 2. Definition of Regular Full Time.

Regular full time employees shall be defined as follows:

a. Employees working 40 hours per week, 12 months per year.

b. Employees working a minimum of 35 hours per week, 10 months per year.

Section 3. Normal Work Week and Normal Work Year.

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The normal work week during the school year for Custodians and Chief Custodians shall consist of five (5) eight (8) hour days, Monday through Friday, excluding the meal period. The normal work week for the delivery driver shall consist of five (5) seven (7) hour days, Monday through Friday, excluding the meal period. Subject to Board approval, the· normal work week during the summer months shall consist of four (4) ten (10) hour days for custodians and chief custodians, and four (4) nine (9) hour days for the delivery driver.The normal work day during the school year for employees on the first shift shall begin during the hours of 5:30 a.m. and 7:30 a.m. and end during the hours of 2:00 p.m. and 4:00 p.m. The normal work day for employees on the second shift shall begin during the hours of 11:00 a.m. and 3:00 p.m. and end during the hours of 7:30 p.m. and 11:30 p.m.

Should it be necessary in the interest of efficient operations, to establish daily or weekly work schedules different from the normal workday or workweek, notice of such change shall be given to the Union in advance as reasonably possible and the Union shall be afforded an opportunity to meet and discuss the change with the District. However, the final right to determine daily and weekly work schedules rests with the District in order to avoid affecting adversely the operation of the District's schools.

Section 4. Break and Meal Periods.

An employee scheduled to work at least seven (7) or more consecutive hours will be given: (a) two (2) paid fifteen (15) minute break periods, with one break to be taken during the first half of the shift and the second break to be taken during the second half of the shift (as efficient operations will permit); and (b) a thirty (30) minute, unpaid meal period as near the middle of the shift as efficient operations will permit.

Section 5. Overtime.

Work performed by an employee outside of the regularly scheduled 40 hour work week shall be paid at the rate of one and one half (1.5) times the regular hourly rate of pay. Overtime will be assigned as follows:

A. Whenever an employee must take off work for any reason (ie. vacation, sickness, emergency, etc.) that employee must request coverage from the most senior qualified employee within the school building. (For example, the Chief Custodian at Cossitt would ask the Night Custodian at Cossitt to cover the shift.) When this occurs, the Chief Custodian will send an e-mail to the Union Steward and Director of Buildings and Grounds to notify them of this action.

If the most senior qualified employee accepts the responsibility of covering the shift, he or she will be expected to cover the normal shift as well. If the coverage is to last more than 3 days, the employee may request the assistance of another employee from outside the building. The employee must contact the Union Steward and Director of Buildings and Grounds to arrange for this additional coverage. (In order to insure that the employee's health is not impacted and that job responsibilities are being fulfilled satisfactorily, the District reserves the right to limit the number of days that one employee may work a double shift.)

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1. Barnsdale Road School - Since there is no employee assigned to the night shift, the Chief Custodian will send an e-mail to inform all employees of any overtime opportunities. The Union Steward and Director of Buildings and Grounds will be included in the distribution of the e-mail. If the Chief Custodian at Barnsdale is unable to secure coverage, the Union Steward and Director of Buildings and Grounds will communicate with each other to discuss coverage.

B. If the most senior qualified employee within the building does not accept the additional work, the Chief Custodian must send out an e-mail request to all other employees in the District. The Union Steward and Director of Buildings and Grounds must be included in the distribution of the e-mail request Note: If in an emergency situation the Chief Custodian calling in the need for coverage cannot contact the most senior qualified employee in the building, the Union Steward must be contacted regarding the assignment of the overtime opportunity. The overtime opportunity may not be arbitrarily assigned to another employee.

Every effort will be made to distribute all overtime opportunities of this type consistent with the provisions of the bargaining agreement and in a fair manner, so that all employees have a chance to take advantage of overtime opportunities within the District.

Section 6. Call Back.

An employee who has completed his regular shift and left the District premises and who is subsequently called back to work for an emergency (work assignments scheduled in advance are not emergencies) outside-of his regularly scheduled hours shall be guaranteed two (2) hours work or, if no work is available, two hours pay at the overtime rate of pay. If an employee is called back again during the two hour call in period, he shall not be eligible for an additional two hours pay.

Section 7. No Pyramiding.

There shall be no pyramiding of overtime. Compensation shall not be paid more than once for the same hours under any provisions of this Agreement.

ARTICLE IX

WAGES

During the term of the agreement wages will increase as follows:

July 1, 2020 - 3.0%

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July 1, 2021- 2.5%

Bargaining unit members who move from a Custodian I or II position to a Chief Custodian position will receive a $5,000.00 pay differential at the time of the reassignment

The Starting Salary Grid attached as Appendix B will be used only for establishing a starting salary when a new employee is hired. The starting salary grid will be increased annually by one-half of the negotiated percentage increase. A new employee may not be hired at a salary higher than a current bargaining unit member with comparable experience.

ARTICLE X

VACATION

All full time 12 month employees as defined in Article VIII Section 2.a. covered. by this Agreement shall be entitled to paid vacation after the completion of their probationary period with the District. Employees shall receive vacation days in accordance with the following schedule.

Length of Service as of July 1 Vacation

After 3 months 5 days1-6 years 10 days per yearAfter 6-12 Years 15 days per yearAfter 12 Years 20 days per year

During the period from February 15 to March 15, employees shall select their vacations in calendar weeks during recognized break periods (spring, summer, Thanksgiving week and winter). Employees who have attained at least six (6) years of service may take one (1) week of vacation during non-break periods, except that vacations will not be permitted during the period from August 15 through September and during the period from May 15 to the last day of teacher attendance. No more than one employee at a time District-wide will be allowed on vacation during non-break periods. Vacations which are not scheduled during the February 15 to March 15 period must be scheduled at least seven (7) calendar days in advance, except that five (5) vacation days may be taken one (1) day at a time, non-consecutively, so long as the employee provides at least two (2) business days notice.

All vacation requests shall be subject to the following conditions:

* Vacation requests shall be awarded by seniority for all vacations picked between February 15 to March 15. After March 15, vacations picks shall be awarded on a first-come-first-serve basis.

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* The District may establish limits on the number of employees who may be absent on vacation at one time. All vacation requests are subject to approval by the Building Principal and the Director of Buildings and Grounds.

* Once scheduled and approved, vacations shall not be cancelled except by mutual agreement between employee and the District.

All vacation time must be fully used within 6 months (by December 31) following the close of the fiscal year (June 30) in which it was earned and shall not be accumulated. Unused vacation days are forfeited, except up to ten (10) vacation days shall be paid in lieu of time off where the District inhibited the employee's ability to schedule his vacation. The rate of the vacation pay shall be the employee's regular straight-time rate of pay in effect immediately preceding the employee's vacation.

ARTICLE XI

HOLIDAYS

Full time 12 month employees as defined in Article VIII Section 2.a. shall be granted those holidays listed on the applicable school calendar issued by the District, except that Independence Day shall always be a holiday. However, if summer school is scheduled for Independence Day, or if Independence Day falls on a day employees are not scheduled to work, the District reserves the right to have the holiday observed on another day. Full time employees working less than 12 months shall be granted those holidays listed on the applicable school calendar falling within the work calendar of the employees. Holidays that may be listed on the school calendar include:

New Year's DayDr. Martin Luther King's Birthday Presidents' DaySpring Holiday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving DayDay after Thanksgiving Day Christmas EveChristmas Day New Year’s Eve

In order to utilize a scheduled holiday, employees must work their regularly scheduled shift

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on the workday preceding and the workday following the holiday unless they obtain prior approval from the Building Principal and the Coordinator of Buildings and Grounds to take the day off. Failure to obtain such prior approval will result in a forfeiture of the holiday.

An employee who works on a holiday shall receive two times his regular straight pay for work performed on a holiday. An employee shall work holidays as assigned subject to trades as permitted by the Superintendent or his designee.

ARTICLE XII

UNIFORMS

The District shall provide employees with uniforms in accordance with this Article. After receiving input from the Union, the District shall select the uniform vendor, the style, material and color of the uniform. The uniform shall consist of the following items, subject to District specifications: jacket (depending on weather), long or short sleeved collared shirt during the school year and collarless shirt during the summer, pants and boots for snow. Employees shall be required to clean and properly maintain their uniforms and wear their uniforms on all workdays, unless otherwise directed by the District.

Employees shall be entitled to an annual, one-time work shoe reimbursement of no more than $100.00, provided their work shoes need replacement. The employee shall secure pre-approval of the type of shoe from the Director of Buildings and Grounds prior to purchasing the shoes. The employee must present the original sales receipt to receive reimbursement. If the District determines that an employee's work shoes need replacement due to the employee's negligence, the employee shall be responsible for the replacement cost.

ARTICLE XIII

INSURANCE

Section 1. Health Insurance.

The District shall maintain in effect a health insurance plan for eligible employees. The contributions shall be deducted from the employee's compensation.

Effective July 1, 2020 employees shall be required to contribute the following amounts toward the health insurance premium:

July 1, 2020 Single = 8.5% and Family = 8.5%

July 1, 2021 Single = 9% and Family = 9%

Effective July 1, 2020, each employee who participates in one of the Board sponsored health plans will receive a $500 increase in his/her base annualized wages.

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Section 2. Dental Insurance.

The District shall maintain in effect single and family dental insurance benefits for eligible employees. Employees shall be required to contribute $25.00 each year toward the single dental insurance premium and pay the amount of the family dental insurance premium in excess of the amount of the single dental insurance premium.

Section 3. Disability Insurance.

The District shall maintain in effect disability insurance benefits for eligible employees in accordance with IMRF rules and regulations.

Section 4. Life Insurance.

The District shall provide each eligible employee (at no cost to the employee) with a$50,000 group term life insurance policy.

Section 5. Changes to Insurance Benefits.

The parties recognize the need for flexibility on the part of the District in dealing with the issues of insurance benefits and costs. Accordingly, the parties agree that the District may make changes to its current insurance programs, including matters such as insurance carriers and cost containment measures, provided such changes do not substantially reduce the current level of benefits. The District agrees that it will notify the Union before making any substantial changes to its insurance benefits.

ARTICLE XIV

LEAVES OF ABSENCE

Section 1. Sick Leave.

A. Accrual.

Each full-time 12 month employee as defined in Article VIII Section 2.a. shall receive fourteen (14) sick leave days per year. Employees working less than 12 months as defined in Article VIII Section 2.b., but not less than the school year shall receive twelve (12) sick leave days per year.

B. Use of Sick Leave.

Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness or death in the immediate family (parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, and legal guardians) or household. Each year, full time 12 month employees as defined in Article VIII Section 2.a. may utilize six (6) sick leave days as personal days to attend to matters of a personal nature. Employees working less than 12 months as defined in Article VIII Section 2.b., but not less than the school year may

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utilize two (2) days for this purpose.

C. Retirement.

Employees who have accumulated at least 50 unused sick leave days may, upon retirement, be reimbursed up to a maximum of 50 sick leave days at 50% per diem. Retiring employees may also utilize any unused, non-reimbursed sick leave days towards pension service credit in accordance with IMRF rules and regulations.

Section 2. Bereavement Leave.

In the event of a death in an employee's immediate family, the employee will be permitted to utilize his accrued sick leave.

Section 3. Family and Medical Leave.

Eligible employees are entitled to 12 work weeks of unpaid family and medical leave during the 12-month period adopted by the District in accordance with the Family and Medical Leave Act of 1993 ("FMLA" or "Act"). Any other accrued paid or unpaid leave which qualifies under the Act shall be substituted for all or the corresponding portion of an employee's leave entitlement under the Act. If an employee requests leave for an FMLA- qualifying purpose, the leave shall be counted against the employee's 12-week FMLA leave entitlement.

Section 4. Jury Leave.

An employee called to serve as a juror in any legal proceeding shall be paid at his normal regular daily rate of pay for each day spent as a juror.

Section 5. Military Leave.

Employees shall be granted military leave in accordance with the Uniform Service Employment and Reemployment Rights Act.

Section 6. Personal Leave.

Sick leave may be taken to attend to matters of a personal nature which require the employee's absence during regular working hours in accordance with Section 1.B. above. Leave under this section shall not be utilized at any time for recreation or for any activity for which the employee will receive compensation. The employee shall file a written request to utilize sick leave for personal reasons in writing to the Superintendent or designee sufficiently in advance to permit the District to make arrangements for his absence. If the employee's request is granted, the day(s) will be deducted from his sick leave allotment.

Section 7. Discretionary Leave of Absence.

At the sole discretion of the District, a leave of absence may be granted for situations not covered by other provisions of this Agreement The District's decision on discretionary leaves is not subject

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to the grievance procedure or considered to be precedent setting.

ARTICLE XV

SENIORITY

Section 1. Definition of Seniority

As used herein, the term "seniority" shall be defined as the employee's continuous length of service from the date of last hire as a full-time employee with the District. Employees hired on the same date will be ranked by lottery to be conducted by the Union and the District. Seniority accrues retroactively after completion of the probationary period set forth below.

Section 2. Probationary Period – Newly Hired Employees

All new employees (including employees rehired after loss of seniority) shall be probationary employees until they complete a probationary period of 90 days of work. The probationary period may be extended up to an additional 90 days at the Superintendent's discretion. Prior to extending an employee's probationary period, the District shall notify the Union. Upon request of the Union made within five (5) days of such notice, the District shall meet with a Union representative to discuss the probationary period extension.

During an employee's probationary period, the employee may be disciplined, suspended, laid off, or terminated without cause at the sole discretion of the District without recourse to the grievance procedure. Upon request of the Union made within five (5)working days of the employee's termination, the District shall meet with a Union representative to discuss the termination. There shall be no seniority among probationary employees. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to his date of hire as a probationary employee.

Section 3. Seniority List.

The District shall establish a seniority list setting forth the seniority dates for all employees covered by this Agreement, a copy of which shall be furnished to the Union on or about February 1st of each fiscal year. Any objection to the seniority list shall be reported to the Superintendent within twenty (20) calendar days after receipt by the Union or said list shall stand approved.

Section 4. Termination of Seniority.

An employee's seniority shall be terminated and he shall lose his status as an employee when he:

1. Quits;

2. Is discharged with cause (probationary employees without cause);

3. Is laid off and the employee's recall rights expire pursuant to Article XVI of this

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Agreement;

4. Retires;

5. Is laid off and fails to notify the Superintendent of his intention to return to work within fourteen (14) calendar days after receiving notice of recall in accordance with Article XVI or who fails to return at the designated time; or

6. Is off work due to illness or injury for eighteen (18) months of continuous leave.

ARTICLE XVI

LAYOFF AND RECALL

Section 1. Layoff.

In the event it becomes necessary to lay off employees due to a reduction in force, employees shall be laid off in the inverse order of their seniority within their specific job classification (i.e., employees with the least amount of seniority shall be laid off first). Thereafter, upon notice of layoff, an employee may within five (5) working days displace an employee in a lower-paid classification by utilization of his District date-of-hire seniority provided the employee is qualified to perform the work of that classification without a significant amount of training. When there is an impending layoff with respect to any employee in the bargaining unit, except in an emergency at which time the District shall notify the Union as soon as possible, the District shall inform the Union in writing no later than thirty (30) calendar days prior to such layoff. The District will provide the Union the names of all employees to be laid off. The District agrees to consult with the Union, upon request, and afford the Union an opportunity to propose alternatives to the layoff prior to implementation of the layoff. Employees shall receive notice of their lay off in accordance with Section 10-23.5 of the School Code.

Section 2. Recall.

In the event the District has vacancies in positions from which employees have been laid off for the following school term or within one calendar year from the beginning of the following school term, employees who have been laid off shall be entitled to be recalled to a position in the specific job classification from which they were laid off. Employees shall be recalled by seniority, i.e., the last person laid off shall be the first recalled. An employee to be recalled shall be notified by certified mail, return receipt requested, of such recall. Failure of the employee to affirmatively respond to such recall notice within fourteen (14) calendar days of receipt of attempted delivery shall preclude said employee's right to recall. Any recalled employee shall meet the job criteria established by the District for a specific job or they shall be ineligible for recall.

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ARTICLE XVII

EMPLOYEE DISCIPLINE

Section 1. Suspensions Without Pay and Discharges.

No employee, except for probationary employees, shall be suspended without pay or discharged unless the District has just cause.

Section 2. Progressive Discipline.

A. Progressive Discipline Steps.

In most instances of misconduct or unsatisfactory work performance, discipline will progress as follows:

1. An oral reprimand or warning.

2. A written reprimand or warning.

3. Suspension with or without pay.

4. Dismissal.However, in some cases, a more severe form of discipline, including dismissal or a combination of disciplinary actions, may initially result if the misconduct or unsatisfactory performance is serious. For example, a first offense of physical abuse of a student, theft of school property, possession of drugs, or impairment due to drug or alcohol use would most likely result in dismissal as the initial disciplinary action.

B. Pre-disciplinary Procedures.

1. Before an employee is disciplined by an oral or written reprimand or warning, the employee will be advised of the misconduct or unsatisfactory performance and given an opportunity to respond.

2. Before an employee is disciplined by suspension, with or without pay, demotion, transfer or dismissal, management will conduct an investigation of the problem to determine the facts. The employee will then be given an opportunity for a pre-disciplinary conference. At the pre-disciplinary conference, the employee will be advised of the results of the investigation and the proposed disciplinary action and be given an opportunity to respond orally to the results of the investigation and the proposed disciplinary action.

C. Post-disciplinary Proceedings for Discipline Other Than Suspension Without Pay and Discharge.

An employee who is disciplined (except for suspensions without pay and discharges) will be entitled to a review of the District's decision by the Board of Education at its next regular Board

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meeting following the discipline, except that such discipline will not be subject to review under the grievance/arbitration procedure contained in this Agreement. The review must be requested by the employee in writing filed with the Superintendent no later than seven (7) days before the next regular Board meeting following the decision. If the decision occurs with less than seven (7) days before the next regular meeting following the decision, the review must be requested in writing filed with the Superintendent no later than seven (7) days of the next regularly scheduled Board meeting. At the hearing, the employee may be represented by a Union representative of the employee’s choice.

Section 3. Written and Verbal Reprimands.

Except for related offenses, written and verbal reprimands shall not be used after eighteen (18) months to justify subsequent and more severe disciplinary action.

Section 4. Investigatory Interview.

An employee may request the presence of a Union representative at an investigatory interview if there exists reasonable grounds to believe that the interview may be used to support disciplinary action against the employee.

ARTICLE XVIII

SUBCONTRACTING

The District shall have the right to subcontract out any work it deems necessary when such subcontracting will not result in a layoff of bargaining unit employees.

ARTICLE XIX

LABOR MANAGEMENT COMMITTEE

At the request of either party, the District and the Union may meet by agreement for a "labor-management conference" in the interest of efficient management and harmonious relations. The party requesting the conference shall submit an agenda in writing at the time the request is made. Such conferences shall be limited to the following matters: (1) discussion of the implementation and general administration of the Agreement; (2) sharing of general information of interest to the parties; and (3) discussion of possible health and safety concerns.

The Union may invite up to two employees (who will be removed from pay status if they are on duty) and the District may select up to two non-bargaining unit representatives to attend such conferences. It is expressly understood that such conferences are exclusive of the grievance procedure and matters being processed under the grievance procedure shall not be subject to discussion.

ARTICLE XX

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NO STRIKE – NO LOCKOUT

Neither the Union, nor any of its agents, nor any employee, shall authorize, instigate, promote, institute, condone or engage in, any strike, sympathy strike, slowdown, sit down, concerted stoppage of work, concerted refusal to perform overtime, concerted abnormal and unapproved enforcement of procedures or policies or work to the rule situation, mass resignation, mass absenteeism, or any other intentional interruption or disruption of the operations of the District, regardless of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be disciplined, up to and including discharged. During the term of this Agreement, the District agrees that it will not lock out its employees.

ARTICLE XXI

SAVINGS CLAUSE

In the event any provision of this Agreement is found by a court or administrative body of competent jurisdiction to be in conflict with a state or federal statute or regulation, such law shall supersede the conflicting provision without affecting the remaining provisions of this Agreement. Upon notice of wither party, the parties shall meet at a mutually convenient time to negotiate the replacement of said conflicting provision.

ARTICLE XXII

ENTIRE AGREEMENT

This Agreement constitutes the complete and entire agreement between the parties and concludes collective bargaining between the parties for its term. The is Agreement supersedes and cancels all prior practices and agreements, whether written or oral, which conflict with the express terms of this Agreement.

The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the parties each voluntarily and unqualifiedly waive any rights which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obliged to bargain collectively during the term of this Agreement with respect to any matter (except as otherwise specifically provided herein) even though each subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

ARTICLE XXIII

DURATION

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This agreement and each of its provisions shall be effective as of July 1, 2020 and shall continue in full force and effect until June 30, 2022. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to June 30, 2022 that it desires to modify this Agreement.

BOARD OF EDUCATIONELEMENTARY SCHOOL DISTRICT 102

By:________________________________President

By:________________________________Secretary

Date:______________________________

STATE AND MUNICIPAL TEAMSTERS, CHAUFFEURS & HELPERS LOCAL 700 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA

By:________________________________President

By:________________________________Treasurer

Date:_______________________________

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APPENDIX A

TEAMSTERS UNION GRIEVANCE REPORTDate Reported __________________________________________________________________

Employer ______________________________________________________________________

Department ____________________________________________________________________

Signature of Person Reporting Grievance _____________________________________________

NATURE OF GRIEVANCE______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Remedy Sought _____________________________________________________________________________________________________________________________________________________________________________________________________________________________

HOW GRIEVANCE WAS DISPOSED OF______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date Settled ___________________________________________________________________

By:___________________________________ (Title) _______________________________

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APPENDIX B

Starting Salary Grid

(To be used to establish a starting salary for new employees in the Custodian I and Chief Custodian categories. Previous experience will be considered at the District’s discretion.)

FY21 FY22Chief $39,069 $39,558Custodian I $31,190 $31,580Delivery Driver $15,695 $15,891

Credit for previous exp.

Custodian 11 Yr $31,528 $31,922

2 Yrs $31,859 $32,2573 Yrs $32,194 $32,5964 Yrs $32,533 $32,9395 Yrs $32,874 $33,285

Chief1 Yr $39,479 $39,973

2 Yrs $39,895 $40,3933 Yrs $40,314 $41,2464 Yrs $40,737 $41,2465 Yrs $41,164 $41,679