ARTICLE 1

RECOGNITION AND INTEGRITY OF BARGAINING UNITS

Section 1.1 - Recognition

The Employer recognizes the Unions as the sole and exclusive bargaining representatives for all employees in their respective bargaining units with respect to wages, hours and all terms and conditions of employment.

This Agreement covers all classifications and employees in the bargaining units as established by the Agreement of the parties dated March 6, 1984, enacted as an Ordinance of the City Council of the City of Chicago, dated May 30, 1984 consisting of the classifications listed in Schedule 1 of said Agreement and the classifications referred to in all side letter agreements concerning said bargaining units which shall be added to and made part of this Agreement. Said classifications are set forth in Appendix A.

The Employer recognizes the integrity of the bargaining units. With reference to the bargaining units described in Schedule 1 and referred to throughout this Agreement, it is further understood and agreed that the historical bargaining units set forth opposite each Union's respective name in Schedule 1 are descriptive and those units shall not be undermined, affected or modified by any unilateral Employer action including any changes or future changes in job titles or classifications as further described in Appendix A, unless otherwise provided in this Agreement. The Employer will not assign bargaining unit work including all work currently being done by members of the bargaining units, to the jurisdiction of another bargaining unit (Local, Coalition or City) without the mutual, written agreement of the Unions involved except as provided in Section 1.2.

Section 1.2 - Unit Work; All Unions Bound.

Any work which has been traditionally performed by employees who are represented by the Union shall continue to be performed by said employees, except where non-unit employees have prior to February 13, 1986 performed unit work, or in emergencies, to train or instruct employees, to do layout, demonstration, experimental or testing duties, to do trouble-shooting or where special knowledge is required, provided however, where employees do not report to work because of vacation, or other absences or tardiness, or for personal reasons during the course of the day, or because all of the employees are or will be occupied with assigned duties, or to complete a rush assignment, employees of any other unit represented by another local union shall not perform the work of said employees. For example, if a laborer is on vacation, a truck driver shall not be assigned as a replacement laborer.

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

The Employer shall not arbitrarily extend the period of any emergency beyond the need for that emergency. This Section shall apply to any union which represents a unit of the Employer's employees. Any assignments under this section shall be temporary in nature except as provided in Section 1.2.

Section 1.3 - Abolishment of Job Classification

If the Employer intends to abolish an existing job classification within a department or bargaining unit, the Employer shall notify the Union(s) affected as soon as it is known and, upon request, meet and discuss the Employer's intention. The Employer shall advise the Union(s) of its reasons and how, if at all, the work presently being performed by members of the unit will be performed in the future. Abolishment shall be defined as the layoff of all present members of the classification in a department or bargaining unit, including but not limited 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 abolishment shall be treated as an employee who has lost his/her job as a result of technological changes in accordance with Section 21.4 of this Agreement.

Section 1.4 - New Classifications or Successor Titles

A. The Employer shall promptly notify the appropriate Union(s) within 45 days of its desire to establish a new classification or a successor title to any present classification, including a new or successor title to cover duties being performed by a member of the bargaining unit. No title which is already in use in another bargaining unit in the City shall be used as a successor title. Where the successor titles are used to clarify employee duties within bargaining units or where there are no changes in duties or where the new classification or successor title involves "de minimis" changes in or additions to present duties, such new classification or successor title shall automatically become a part of this bargaining unit and shall be covered under this agreement. Further, the wage rate for such new classification or successor title shall be the wage rate of the predecessor classification.

B. If the proposed new classification is a classification within the unit and involves new, different or substantial changes in duties (including additions and/or deletions) from existing job classifications in the unit, the Employer shall meet with the appropriate Union(s) to discuss the new classification and the rate of pay assigned by the Employer. No duties may be removed from any present bargaining unit classification or title and assigned or reassigned to another bargaining unit without the written consent

of the Union affected. The following covers situations where changes are non deminimis: where new duties are being added to a bargaining unit title, where the union consents to consolidation of classes, or where the proposed classification represents new 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 proposed new classification, the rate of pay for such new classification will be arbitrated according to the arbitration provisions of this Agreement. If at any time prior to the Arbitrator's decision, the Employer chooses to fill or implement this new classification, the Employer may temporarily assign a rate of pay. The Arbitrator shall review the rate of pay by comparing it to the pay rates, responsibilities and working conditions of other Employer classifications, the labor market, and any other factor the Arbitrator determines to be relevant. The Arbitrator shall decide whether the pay rate decision by the Employer was reasonable. If the Arbitrator decides the Employer's pay rate decision was not reasonable and the Arbitrator decides to increase the rate of pay, the increase shall be made retroactively to the date this new classification was established. If the Arbitrator decides to decrease the rate of pay the decrease shall become effective as of the next pay period following the Arbitrator's decision.

The filling of a vacancy in any such classification shall be in accordance with Article 15.1 of this Agreement.

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

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

Section 1.5 - Assignment of New Work to Bargaining Unit.

Whenever the City intends to establish a new job classification or undertakes to perform new work that may not be within the duties of a current bargaining unit classification, or makes various technological improvements in the manner in which an employee does his job, it will advise the Union in writing at least 45 days in advance, describing the new title and duties and providing a job description or equivalent description of duties. The City shall first consider whether such work is within the scope of work that has traditionally been performed, or which is currently being performed, by one of the bargaining units. If so, such work shall be assigned to a present or new classification within one of these bargaining units. If the City after determining that the work is not within the scope of traditional

Laborer bargaining unit work decides not to include the new work within one of the present Laborer bargaining units and a dispute arises, the dispute shall be submitted to the Illinois Local Labor Relations Board for resolution.

Section 1.6 - Jurisdictional Disputes

In the event that the Union files a grievance claiming that the Employer has violated the terms of this Agreement by assigning certain work to City employees represented by another union, or where the Employer receives a grievance from another union protesting the assignment of work to employees covered under this Agreement, the Employer shall serve written notice to the Union, and on the other affected union(s), of the existence of said dispute. This notice shall describe the nature of the work in dispute.

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

If the Union shall prevail in said arbitration and is awarded the work in dispute, and if, in that event, the other affected union(s) shall pursue a claim against the Employer that the

reassignment of the work in dispute violates the Agreement of that other union, the provisions of this Section shall apply to that claim as well. All parties to the dispute shall have the right to participate in any arbitration hearing of that claim and to present evidence therein. Should the arbitrator in the second proceeding determine that the Employer's reassignment of the work in dispute violates the other union(s)' Agreement, thereby requiring the Employer to comply with two conflicting arbitration decisions as to which of the unions is entitled to perform the disputed work, the following provisions shall apply.

The Employer shall have the right to invoke arbitration of the dispute under the provisions of the grievance and arbitration procedures contained in Article 4 of this Agreement, except that the Union and the other affected union(s) shall select the arbitrator. The Employer, the Union and the other affected union(s) shall be parties to that proceeding, and shall have the right to fully participate in the hearing. During the pendency of this proceeding, the work assignment directed by the first arbitrator shall be followed by the parties. The arbitrator shall have the authority to decide only which of the two conflicting awards shall prevail. The arbitrator's decision shall be based solely upon the prior arbitration awards, the record before both prior arbitrators, and the traditional work and other relevant provisions of this Agreement and of the collective bargaining agreement of the affected union(s). No other evidence or testimony shall be admitted in that hearing. The decision of the arbitrator in this proceeding shall be final and binding upon all parties to the dispute, and none of the parties to the dispute shall seek review of that award in any other judicial or administrative forum.

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