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Memorandum of Understanding <br /> By and Between <br /> City of Decatur, Illinois, and AFSCME Local 268 <br /> WHEREAS, Article 25 of the Collective Bargaining Agreement between the City of <br /> Decatur, Illinois, (Employer or City) and the American Federation of State, County and <br /> Municipal Employees (AFSCME), AFL-CIO, Council 31, Local 268 (Union) indicates that <br /> the City "shall not unilaterally change any bona fide past practices and policies with <br /> respect to salaries, hours, conditions of employment, and fringe benefits enjoyed by <br /> members of the bargaining unit without prior consultation and negotiations with the <br /> Union"; and <br /> WHEREAS, The City and the Union are in receipt of the award of arbitrator Herman <br /> Torosian dated July 21, 2011, which indicates that the City violated Article 25 and <br /> thereby Article 7, Section 1 of the Collective Bargaining Agreement "when it failed to <br /> count holidays and other paid time off as time worked for purposes of calculating regular <br /> overtime" when it revised Administrative Policy F-312 in May 2010; and <br /> WHEREAS, the arbitration award orders the City to cease and desist from such practice <br /> until such time as the parties consult and negotiate said change; and <br /> WHEREAS, the parties acknowledge they have subsequently had the benefit of full and <br /> complete mutual consultation and good faith negotiation regarding changing policy that <br /> affects salaries, hours, conditions of employment, and fringe benefits enjoyed by <br /> members of the bargaining unit with regard to this matter; <br /> NOW THEREFORE, the Union and the City agree that: <br /> 1. Members of the bargaining unit who are eligible for overtime pay will be <br /> paid at the rate of time and one-half their regular rate of pay for all hours in <br /> excess of 40 paid duty hours during the work period. Overtime will not be <br /> based on time worked in excess of the normal 8 hour shift, but only on <br /> hours in excess of 40 per work period. Approved sick leave, vacation, <br /> holiday, funeral and emergency leave of which the employee is paid will <br /> be counted toward the 40 paid duty hours per week. The work period <br /> begins Monday and ends Sunday. <br /> 2. All employees represented by the bargaining unit who are subject to call <br /> for emergencies to provide essential services are required to have <br /> personal telephones as a condition of employment. <br /> 1 of 3 <br />