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HomeMy WebLinkAboutRESOLUTION - 49-97 - 10/14/1997 - LABOR AGREEMENT/POLICE CHAPTER 141RESOLUTION NO. 49-97 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LABOR AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE METROPOLITAN ALLIANCE OF POLICE ELK GROVE VILLAGE POLICE CHAPTER #141 NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Village Manager be and is hereby authorized to sign the attached document marked: "LABOR AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AND THE METROPOLITAN ALLIANCE OF POLICE ELK GROVE VILLAGE POLICE CHAPTER #141 EFFECTIVE OCTOBER 9, 1997 THROUGH APRIL 30, 2000." a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Village Manager. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 PASSED this 14th APPROVED this 14th ATTEST: Patricia S. Smith Village Clerk NAYS: 0 ABSENT: 0 day of October day of October 1997. 1997. Craig B. Johnson Village President r• LABOR AGREEMENT BETWEEN METROPOLITAN ALLIANCE OF POLICE ELK GROVE VILLAGE POLICE CHAPTER #141 AND VILLAGE OF ELK GROVE VILLAGE For the period OCTOBER 9, 1997 THROUGH APRIL 30, 2000 pp 10/977 TABLE OF CONTENTS Page ARTICLE I PREAMBLE Definition .........................15 Section 1.1 Preamble ............................6 Procedure ..........................15 ARTICLE II RECOGNITION 8.3 Section 2.1 Recognition .........................7 8.4 ARTICLE III NON-DISCRIMINATION Section 3.1 Discrimination Prohibited ........... 8 Section 3.2 Gender ..............................8 8.6 ARTICLE IV ASSOCIATION ACTIVITIES AND DUES Section 4.1 Dues Checkoff .......................9 Section 4.2 Fair Share ..........................9 Section 4.3 Union Indemnification..............10 Section 4.4 Fair Representation ................ 10 ARTICLE V MANAGEMENT RIGHTS Section 5.1 Basic Rights.......................11 Section 5.2 Budgetary Authority................12 Section 5.3 Work Rules and Regulations ......... 12 ARTICLE VI NO STRIKE/NO LOCKOUT Section 6.1 No Strike ..........................13 Section 6.2 Disciple ...........................13 ARTICLE VII BILL OF RIGHTS Section 7.1 Basic Rights.......................14 Section 7.2 Right to Representation ............ 14 ARTICLE VIII GRIEVANCE PROCEDURE Section 8.1 Definition .........................15 Section 8.2 Procedure ..........................15 Section 8.3 Arbitration ........................17 Section 8.4 Limitations on Authority of Arbitrator .........................18 Section 8.5 Paid Time .......................... 18 Section 8.6 Time Limits ........................ 19 2 b 16/4/77 u ARTICLE IX LABOR MANAGEMENT MEETINGS Section 9.1 Meeting Request....................20 Section 9.2 Content ............................20 Section 9.3 Attendance .........................20 ARTICLE X HOURS OF WORK AND OVERTIME Section 10.1 Application of Article.............21 Section Section 10.2 Shift Schedule.....................21 Section Section 10.3 Work Cycle, Work Week and Workday..21 section 10.4 Overtime Pay.......................22 Section Section 10.5 Court -Time .........................22 Section Section 10.6 Call Back .......................... 22 Section 10.7 Off -Duty ..........................22 Section 10.8 Required Overtime..................23 Section 10.9 No Pyramiding ......................23 Section 10.10 Stand -By Pay.......................23 Section 10.11 Duty Trades ........................23 Section 10.12 Travel Time & Meal Reimbursements..24 Section 10.13 Educational Incentive..............24 ARTICLE XI SENIORITY, LAYOFF AND RECALL Section 11.1 Definition of Seniority ............ 25 Section 11.2 Probationary Period................25 BULLETIN BOARD Section 11.3 Seniority List.....................25 Available Space.....................31 Section 11.4 Reduction in the Work Force........ 25 Section 11.5 Recall .............................25 Wage Schedule ...................... Section 11.6 Termination of Seniority ........... 26 Section 11.7 Re -Instatement of Seniority ........ 26 ARTICLE XII VACATIONS Section 12.1 Vacation Time Accrual and Eligibility .....................28 Section 12.2 Vacation -Taking Procedures .......... 28 Section 12.3 Miscellaneous Vacation Provisions... 29 ARTICLE XIII UNION OFFICERS & NOTIFICATIONS Section 13.1 Notification ........................30 ARTICLE XIV BULLETIN BOARD Section 14.1 Available Space.....................31 ARTICLE XV WAGES AND OTHER COMPENSATION Section 15.1 Wage Schedule ...................... 32 Section 15.2 Market -Based Equity Adjustment ..... 32 3 0 Section 15.3 Step Increases on Anniversary Date. 32 Section 15.4 Longevity Schedule Effective 5-1-97 ...................32 ARTICLE XVI SICK LEAVE AND LEAVES OF ABSENCES Section 16.1 Definition of Sick Leave ............ 34 Section 16.2 Bereavement Leave...................35 41 Section 16.3 Emergency Leave.....................35 41 Section 16.4 New Infant Leave....................35 39 Section 16.5 Personal Temporary Leave of Absence.35 40 Section 16.6 Military Leave... ................... 36 Section 16.7 Jury Leave .......................... 37 Section 16.8 Americans with Disabilities Act ..... 37 Section 16.9 Family & Medical Leave Act of 1993..38 Section 16.10Request for Time Off................38 ARTICLE XVII INSURANCE Section 17.1 Coverage ...........................39 Section 17.2 Cost of Medical, Dental and Life 41 Section 18.4 Insurance ..........................39 41 Section 17.3 Life Insurance ..................... 39 Section 17.4 Flex Program ....................... 40 Section 17.5 Cost Containment ................... 40 ARTICLE XVIII HOLIDAYS AND PERSONAL DAYS Section 18.1 Holiday Benefit.....................41 Section 18.2 Eligibility .........................41 Section 18.3 Pay for Work on Fixed Holidays...... 41 Section 18.4 Loss of Floating Holiday ............ 41 Section 18.5 Probationary Holiday Benefit ........ 41 ARTICLE XIX EMPLOYEE ALCOHOL AND DRUG TESTING Section 19.1 Statement of Policy................43 Section 19.2 Prohibitions .......................43 Section 19.3 Drug and Alcohol Testing Permitted.43 Section 19.4 Order to Submit to Testing ......... 44 Section 19.5 Tests to be Conducted..............44 Section 19.6 Right to Contest...................45 Section 19.7 Right to Discipline................46 Section 19.8 Voluntary Requests for Assistance -46 ARTICLE XX UNIFORMS Section 20.1 Uniforms ...........................48 ARTICLE XXI EMPLOYEE WELLNESS AND FITNESS Section 21.1 Fitness Examination................49 RP I a/t/97 4 ARTICLE XXI DURATION OF AGREEMENT...............55 Signature Page ...................................55 Appendix "A" - Section 21.2 Immunization and Inoculations ...... 49 ARTICLE XXII CONFLICT WITH LAW..................50 "C" - ARTICLE XXIII ENTIRE AGREEMENT...................51 ISD" - ARTICLE XXIV MISCELLANEOUS PROVISIONS Section 24.1 Employee Wellness and Fitness...... 52 Section 24.2 Light Duty.........................52 Section 24.3 Outside Employment.................52 Section 24.4 Personnel File.....................52 Section 24.5 Direct Deposit.....................52 ARTICLE XXV NO SOLICITATION .....................53 ARTICLE XXVI RESIDENCY ...........................54 ARTICLE XXI DURATION OF AGREEMENT...............55 Signature Page ...................................55 Appendix "A" - Wages .............................56 Appendix "B" - List of Comparables...............57 Appendix "C" - Grievance Form....................51 Appendix ISD" - Dues Check -Off Form...............52 61 tip )0111 7 ARTICLE I PREAMBLE Section 1.1 This agreement is entered into by the Village of Elk Grove Village, Illinois, (hereinafter referred to as the "Village"), and the Metropolitan Alliance of Police, Elk Grove Village Police Chapter #141 (hereinafter referred to as the "Chapter"), effective October 9, 1997. M up to/T(f7 ARTICLE II RECOGNITION Section 2.1 Recognition The Village hereby recognizes the Chapter as the sole and exclusive Collective Bargaining representative for: All full-time sworn peace officers in the Village of Elk Grove Village below the rank of sergeant. Excluded: sergeants, commanders, deputy chiefs and chief and all supervisory, managerial and confidential employees as defined by the Act, and all other employees of the Village of Elk Grove Village. It is agreed that the officers in the ranks of Sergeant and above are "supervisors," as that term is defined in the Illinois Public Labor Relations Act. 7 UP 16/T/,,? ARTICLE III Section 3.1 Discrimination Prohibited In accordance with applicable law, neither the Village nor the Chapter shall discriminate against any employee covered by this Agreement because of race, sex, age, religion, creed, color, national origin, disability or Chapter membership. Other than Chapter membership, any dispute concerning the interpretation and/or application of this Article shall be processed through the appropriate federal or state agency or court rather than through the grievance procedure set forth in this Agreement. Section 3.2 Gender Whenever a specific gender is used in this agreement, it shall be construed to include both male and female police officers. PP ,F fff9 ARTICLE IV DUES CHECKOFF/UNION INDEMNIFICATION Section 4.1 Dues Checkoff While this agreement is in effect, the Village will deduct from each Chapter member's or employee's paycheck, once each pay period, a uniform, regular sum of money for Chapter dues for each employee in the bargaining unit who has filed with the Village, a voluntary, check -off authorization in the form set forth in Appendix "D" of this agreement, and shall forward such amount to the Chapter on the tenth (10th) day of the month following the month in which the deduction is made. Along with dues, the Village shall include a list indicating the names of the Chapter members from whom the deductions were made. The Chapter agrees to refund to the employees) any amounts paid to the Chapter in error on account of this dues deduction provision. A Chapter member desiring to revoke the dues check -off authorization may do so by written notice to the Village and the Chapter at any time during a thirty (30) day period prior to the annual anniversary date of the contract, in each year during the life of the contract. The actual dues amount deducted, as determined by the Chapter, shall be a uniform amount for each employee. If an employee has no compensation due for a given pay period, the Village shall not be responsible for collection of said Union dues. The Chapter agrees to refund to the employee any amounts of money paid to the Chapter in error by the Village under this dues checkoff provision. The Chapter may change the fixed uniform dollar amount not more than twice each calendar year during the life of this agreement. The Chapter will give the Village thirty (30) days written notice of any such change in the amount of uniform dues to be deducted. Section 4.2 Fair Share Any present officer who is not a member of the Chapter shall, as a condition of employment, be required to pay a fair share fee (not to exceed the amount of Chapter dues) of the cost of the collective bargaining process, contract administration in pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members per month. All officers hired on or after the effective date of this agreement and who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share fee as defined above. The Village shall with respect to any officer in whose behalf the Village has not received a written dues checkoff authorization 0 AP 10h /I-? as provided in Section 4.1 above, the Village shall deduct from the wages of the officer the fair share financial obligation, including any retroactive amount due and owing to the effective date of the agreement, and forward such amount to the Chapter on the tenth (10th) day of the month following the month in which the deduction is made, subject to the following: (1) The Chapter has certified to the Village that the affected officer has been delinquent in his obligations for at least thirty (30) days; (2) The Chapter has certified to the Village that the affected officer has been notified in writing of the obligation and the requirement for each provision of this article and that the employee has been advised by the Chapter of his obligations pursuant to this Article and of the manner in which the Chapter has calculated the fair share fee; (3) The Chapter has certified to the Village that the affected officer has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to have said objections adjudicated before an impartial arbitrator assigned by the employee and the Chapter for the purpose of determining and resolving any objections the officer may have to the fair share fee. Any officer who objects to paying a fair share fee to the Chapter may in writing so notify the Chapter and the Village of such objection. The officer may thereafter make arrangements to transmit each month the regular fair share amount to a bonafide charity of the officer's choosing in lieu of transmitting such amount to the Chapter. The officer shall provide evidence of such payments to the Village upon request. Section 4.3 Union Indemnification The Chapter shall indemnify, defend and save the Village harmless against any and all claims, demands, suits, or other forms of liability (monetary or otherwise) and for all costs that shall arise out of or by reason of action taken or not taken by the Village in complying with the provisions of this article. if an improper deduction is made, the Chapter shall refund directly to the employee any such amount and report same to the Village five (5) business days prior to the issuance of the next payroll check. Section 4.4 Fair Representation The Chapter recognizes it's responsibility as bargaining agent and agrees to fairly represent all employees in the bargaining unit, whether or not they are members of the Chapter. 10 ARTICLE V MANAGEMENT RIGHTS Section 5.1 Basic Ricrhts It is understood and agreed that the Village possesses the sole right, authority and responsibility to operate and direct the employees of the Police Department and the Village in all aspects, including, but not limited to, all rights and authority exercised by the Village prior to the execution of this Agreement, except as modified in this Agreement. These rights include, but are not limited to: a. The right to determine its mission, policies, and all standards of service offered to the public; b. To plan, direct, schedule, control and determine the operations or services to be conducted by the employees of the Police Department and the Village; C. To determine the methods, means, and number of personnel needed to carry out the departmental operations and services; d. To direct the work force; e. To hire and assign or to transfer employees within the department or police related functions; f. To promote or demote employees; or to suspend, discipline or discharge non -probationary employees for just cause (probationary employees without just cause or right to appeal); g. To lay off consistent with the requirements of this Agreement, or to relieve employees from duty consistent with the requirements of law; h. To make, publish, and enforce rules and regulations; i. To introduce and use new or improved methods, equipment, or facilities; j. To contract for goods and services; k. To take any and all actions that may be necessary to carry out the mission of the Village and the Police Department in situations of civil emergency or marshall law. 11 Ap (OA /F;? 1. To determine the means, methods, location, and personnel by which operations are to be conducted including the right to determine what services and operations shall be performed by bargaining unit members of the Police Department and/or whether such services or operations shall be perforated by others both within and without the Department and/or Village. If in the sole discretion of the President and Board of Trustees, the Village Manager, or other authorized representative, it is determined that a civil emergency or marshall law condition exists, including, but not limited to, riots, civil disorders, tornado conditions, floods, accidents, or other similar situations, the provisions of this Agreement may be suspended by the President of the Board of Trustees or the Village Manager provided that wage rates and monetary fringe benefits shall not be suspended and that the provisions of this section shall not limit an employee's right to invoke the grievance procedure and protection under the Bill of Rights. It is agreed that the processing of any grievance occurring during this activity beyond Step 1 of the grievance procedure shall be delayed until a time when this condition or the results of this condition no longer hamper normal business activity. Section 5.2 Budgetary Authority The President and Board of Trustees has the sole authority tc determine the purpose and mission of the Village and the amount of budget necessary to accomplish those purposes and missions thereto. Section 5.3 Work Rules and Regulations The Village agrees to make available in the Department a copy of it's applicable work rules or regulations where such rules or regulations exist in writing. whenever the Village changes rules or regulations or issues new rules or regulations applicable to employees, the Chapter will be given at least three (3) days prior notice, absent emergency, before the effective date of the work rules or regulations in order that the Chapter may discuss (but not negotiate) such rules or regulations with the Chief's designee within that three (3) day period before they become effective if the Chapter so requests. Work rules or regulations shall be equitably applied under similar circumstances and shall not conflict with any specific provision of this agreement. 12 Pu P07 ARTICLE VI NO STRIKE/LOCKODT Section 6.1 No Strike During the term of this Agreement, neither the Chapter nor it's agents, nor employees or members, for any reason will authorize institute, aid, encourage, condone, or engage or participate in a slow down, speed-up, work stoppage, strike or any other organized interference, such as the "blue flu," with the work and statutory function or obligations of the Police Department or the Village; or engage in any other intentional disruption of the operations of the -Police Department. During the term of this Agreement, neither the Village, nor its agents for any reason shall authorize, institute, and/or promote any lock -out of police officers covered by this Agreement. Neither the Chapter nor its agents or any officer shall refuse to cross any picket line, while on duty, or not engage in activities that are contrary to or inconsistent with their oath of office. Section 6.2 Discipline Any officer who violates the provisions of Section 6.1 of this Article may be subject to disciplinary action. Any action taken by the Village against any officer who participates in action prohibited by Section 6.1 above shall not be considered as a violation of this Agreement and shall not be subject to the provisions of the grievance or arbitration procedure. 13 )2D )C/v/�7 ARTICLE VII BILL OF RIGHTS Section 7.1 Basic Rights The employer agrees to follow, and be bound by, the procedure set forth in 50 I.C.L.S 725 commonly known as the Peace Officers Bill of Rights. Any alleged violation of this article shall not be subject to the grievance procedure. Section 7.2 Right To Representation Before conducting an investigatory interview which may reasonably be expected to result in disciplinary action against the employee being questioned, that employee may request that a Chapter representative be present at Chapter expense. If the employee requests the presence of the Chapter representative from the employees shift, the Village shall either suspend the investigatory interview (for a reasonable period of time, not to exceed one (1) hour) until the Chapter representative can be present or advise the employee that it will not proceed with the interview unless the employee is willing to enter the interview unaccompanied by a representative (in which case the Village may act on the basis of information obtained from other sources). 14 FAN !r, %9 If) ARTICLE VIII Section 8.1 Definition of a Grievance A grievance is defined as a dispute or difference of opinion raised by an employee, the Chapter or the Village claiming that an expressed written provision of this Agreement has been violated, except that any dispute or difference of opinion concerning disciplinary matters including but not limited to suspension without pay or discharge, or other issues subject to the jurisdiction of the Elk Grove Village Fire and Police Commission shall not be considered a grievance under this Agreement and therefore are not subject to the grievance or arbitration procedures. Section 8.2 Procedure In order to officially file the grievance under this provision, the grievance must be reduced to writing and submitted on a completed form identical to that which is attached hereto as Appendix "C". The written form shall contain the following information: Date submitted in writing; Date of alleged violation; Specific contractual provision(s) alleged to have been violated; Statement of facts giving rise to the dispute; Date presented to immediate supervisor; and Signature of aggrieved party(s). It is to the benefit of both parties that issues falling under the jurisdiction of this provision be raised and settled in a prompt, timely fashion. Consequently, the following steps and time limits shall be followed: Step 1 An employee with or without his Chapter representative, who has cause to feel that the Village has violated an express written provision of this Agreement shall present the issue to his immediate supervisor in writing. Nothing contained herein shall be constructed as limiting the right of any employee having a grievance to discuss the matter informally with an appropriate supervisor prior to filing a written grievance, and having the grievance adjusted without the intervention of the Chapter provided the adjustment is not inconsistent with the terms and the meaning of this Agreement. The issue must be raised 15 019 IeWf7 u within seven (7) calendar days from the time the grievant becomes aware of or had the opportunity to be aware of the alleged violation. The supervisor may meet with the employee, with or without a Chapter representative, as either party may desire, at a mutually satisfactory time within seven (7) calendar days of receipt of the written form. Following discussion of the facts and any investigations of the circumstances surrounding the allegation, the supervisor or his designees will respond to the employee. The written response shall be made no later than seven (7) calendar days from the date of the receipt of the written grievance. Step 2 If the issue is not resolved in step one, the employee shall be entitled to take the issue to the second step of the procedure within seven (7) calendar days from the date he has received the written response from the immediate supervisor. The issue at the second step shall be submitted on the same written form, or a copy thereof, to the employee's commander or his designee. The written form shall be dated upon receipt by the commander or his designee. The commander or his designee may meet with the employee, with or without a Chapter representative, as either party may desire, at a mutually satisfactory time within seven (7) calendar days of receipt of the written form. Following discussion of facts, if any, and any investigation pertaining to the alleged violation, the commander or his designee shall respond in writing to the employee. The written response will be made on the same grievance form, or a copy thereof, no later than seven (7) calendar days following the date of receipt of the written step 2 grievance. Step 3 If the issue is not resolved in step 2, the employee shall be entitle to take the issue to the third step of the procedure within seven (7) calendar days from the date he has received the written response from the commander or his designee. The issue at the third step shall be submitted on the same written form, or a copy thereof, to the Chief of Police. The written form shall be dated upon receipt by the Chief of Police. The Chief of Police or his designee may meet with the employee, with or without a Chapter representative, as either party may desire, at a W.. mutually satisfactory time within seven (7) calendar days of receipt of the written form. Following any such discussion, and any investigation pertaining to the alleged violation, the Chief of Police or his designee shall respond in writing to the employee. The written response will be made on the same grievance form, or a copy thereof, no later than seven (7) calendar days following the date of receipt of the step 3 grievance. Stec 4 If the issue is not resolved in step 3, the employee shall be entitled to take the issue to the fourth step of the procedure within seven (7) calendar days from the date he has received the written response from the Chief of Police or his designee. The issue at the fourth step shall be submitted on the same written form, or a copy thereof, to the Village Manager. The written form shall be dated upon receipt by the Village Manager or his designee. The Village Manager and/or his designee shall meet with the grievant and a representative of the Chapter within ten(10) days of receipt of the written step 4 grievance. Within fifteen (15) calendar days of receipt of the initial grievance form, the Village Manager shall respond in writing to the Chapter representative. If the issue is not satisfactorily resolved, the representative may advance the issue to arbitration. Such request will be made within ten (10) calendar days from the date of the Manager's response. Section 8.3 Arbitration The parties shall attempt to agree on an arbitrator within seven (7)calendar days after receipt of the notice of arbitration. Said notice shall contain a full summary of the grievance responses made, and grievances not responded to. In the event that parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service or the American Arbitration Association to submit a panel of five (5) arbitrators. The Village and the Chapter each have the right to reject one panel of five names in its entirety and request that a new panel of five (5) names be submitted. Both the Village and the Chapter shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name. The other party shall strike a name, and so forth. The person remaining shall be the arbitrator. 17 ap rc /i Ir 7 I The arbitrator shall be notified of his selection and shall be requested to set a time for the hearing, subject to the availability of Chapter and Village representatives. The Village shall select the location for the hearing which shall be within the Village limits. The Village and the Chapter shall have the right to request the arbitrator to require the presence of witnesses or documents. The Village and the Chapter retain the right to employ legal counsel. The arbitrator shall submit his 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. More than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing. The fees and expenses of the arbitrator and the cost of a written transcript(s), if any, shall be divided equally by the parties. All other costs shall be paid by the party which incurs the costs. Section 8.4 Limitations on Authority of Arbitrator The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement during or as part of the arbitrator's decision. The arbitrator shall consider and decide only the question of fact as to whether there has been no response or a misinterpretation of the specific provisions of this Agreement, as well as determine an appropriate remedy, if applicable. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The arbitrator shall have no authority to make a decision on any issue not submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, this Agreement or applicable laws. Any decision or award of the arbitrator rendered with the limitations of this Section shall be final and binding upon the Village, the Chapter and the employees in the bargaining unit. Section 8.5 Paid Time The grievant(s) and any employee Chapter representative will not be paid by the Village for time associated with this procedure, unless requested to attend a meeting by management called for under this grievance procedure which is held during their regularly scheduled shift hours, in which case the grievant and one representative shall be paid for all normal work time spent in the meeting. Employees may transmit a grievance to management during their working time, or may discuss a grievance with management during working time if, in the supervisor's judgment, circumstances warrant and work performance will not adversely be affected. WE W WO? Employees may voluntarily choose to be absent from work under this procedure and may use their earned vacation time, earned floating holidays, or duty trades or an unpaid absence which will not adversely impact departmental operations or services as determined by the Department Head or his designee. Section 8.6 Time Limits In any instance where the issue is not moved to the succeeding step of the procedure by the grievant and/or Chapter, in a timely manner, it will be considered resolved on the basis of the village's last response. If the Village fails to respond within the time limits provided, the grievant(s) may treat the matter as denied at the step and proceed in a timely manner to the next step. The parties may mutually agree to extend any time limit or bypass any steps associated with this Article. 19 A,� ( 0h 4-7 ARTICLE IX LABOR MANAGEMENT MEETINGS Section 9.1 Meeting Request The Chapter and the Village shall mutually agree that in the interest of harmonious employee relations, it is desirable that meetings be held if mutually agreed between Chapter representatives and appropriate administrative representative of the Village. Such meetings shall be requested at least seven (7) days in advance by either .party by placing in writing a request to the other for a "labor-management meeting" and expressly providing the agenda for such meeting. Such meetings and locations when mutually agreed upon, shall be limited to a sharing of general information of interest to the parties. The seven (7) day notice period may be waived by written agreement of both parties. Section 9.2 Content It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Grievances being processed under the grievance procedure shall not be considered at "labor-management meetings," nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such meetings. Safety issues may be raised and discussed at such meetings. Section 9.3 Attendance With supervisory permission, which shall not be unreasonably withheld, employees shall be permitted reasonable time off from duty without loss of pay during their respective working hours to attend "labor-management" meetings with Village officials in conjunction with this Article. Officers who attend such meeting while off duty, will receive no compensation for their attendance and no officer shall earn any overtime compensation under this provision for attendance at this meeting. 2C PD ITIT2 ARTICLE X HOURS OF WORK AND OVERTIME Section 10.1 ADvlication of Article. This Article defines the normal hours of work, and establishes the basis for the calculation of overtime. It is not, however, a guarantee of hours of work per day, work period, month, or year. It is not intended to establish a right to compensation in any form for time not worked except as specifically provided for in this Article. Section 10.2 Shift Schedule. Employees' regular shift assignment for the following calendar year shall be posted by December 1 of the current year. Such assignments may be changed from time to time by the Village to help insure the orderly performance of services provided by the Village. While the Village will be the sole determinate of any changes, prior to implementing any changes the Village will give effected employees at least forty eight (48) clock hours notice, if possible, as determined by the department head. In the absolute discretion of the Village and subject to the approval of the Chief or the Chief's designee employees may be permitted to change shifts on occasion. Scheduling needs permitted, watch assignments shall be effective on "change day" and shall remain unchanged by the Employer for the duration of the twenty eight (28) day period unless there are sound reasons for making such a charge and not solely for the purpose of avoiding overtime. Starting times may be adjusted by the Employer to insure the orderly performance of services provided by the Village. Section 10.3 Work Cycle, Work Week and Workday Except as provided elsewhere in this Agreement or otherwise established by the Village from time to time, a normal workday shall consist of eight (8) hours, including a thirty (30) minute lunch break, and the normal work cycle shall be twenty-eight (28) days. A stated hour for reporting to work shall be given to each employee. Subject to work needs, and with their supervisor's permission, employees will generally be allowed a thirty (30) minute paid lunch break and two (2) paid fifteen (15) minute breaks during a normal workday; if said breaks were not allowed as scheduled as a result of manpower needs, the Village shall make reasonable efforts to allow each covered employee to take said breaks at other time as reasonable during the shift. 21 9P 101TIf7 Section 10.4 Overtime Pav. Employees will be paid one and one-half (1 1/2) times their regular hourly rate of pay: For all hours worked in excess of eight (8) hours, or 2. As provided in Section 10.7. For the purposes of this Article "hours worked" shall include all hours worked and paid, at straight time rates, and non -worked hours paid, including, but not limited to, vacations, holidays, worker's compensation, jury duty, sick leave and funeral attendance. Section 10.5 Court Time. An employee who is required to make court appearances on behalf of the Village during the employee's off-duty hours will receive pay for all hours worked at the rate of one and one-half (1 1/2) times the employee's regular hourly rate with a minimum guarantee of two (2) hours for each court appearance. The minimum guarantee shall not apply if court time continuously precedes or follows an employee's regularly scheduled working hours, in which case the employee will be paid only for actual hours worked. In addition, each officer covered by this agreement shall receive as additional court time pay the payment of one (1) hour of straight - time compensation at the affected officer's straight -time hourly rate of pay for each day in which the affected officer appears in court on off-duty time. Section 10.6 Call Sack A call-back is defined as an official assignment of work which does not immediately precede or immediately follow an officer's regularly scheduled working hours. All call-backs shall be compensated for at the appropriate rate of pay (time and one-half) with a two (2) hour minimum straight time guarantee. Section 10.7 Off -Duty An officer who is required to work on any off-duty day, will be compensated at a time and one-half rate per hour for all hours worked during such day(s). This provision shall not apply to duty trades or other voluntary work period changes. 22 PA ,o/,%, Section 10.8 Required Overtime. The Chief of Police or the Chief's designee(s) shall have the right to require overtime work and officers may not refuse overtime assignments. For holdovers, in non -emergency situations, the Chief or the Chief's designee as a general rule shall take reasonable steps to obtain volunteers for holdover overtime assignments among employees in the division on the prior shift before assigning required overtime work, and if not filled through a volunteer process by seniority, said assignments shall be filled by reverse seniority, based on the prior shift. In addition, notwithstanding the above, the Village retains the right to assign specific individuals to perform specific overtime assignments due to their qualifications or to complete work in progress. Section 10.9 No Pyramiding Overtime compensation shall not be paid more than once for the same hours under any provision of this Article, this Agreement, State or Federal law. Section 10.10 Stand -By Pay Effective May 1, 1997 officers in the bargaining unit shall be paid stand-by pay whenever they are on "stand-by" based upon the followinq schedule: Weekend $45.00 Fixed Holiday $60.00 Fixed Holiday on a Weekend $105.00 Section 10.11 Duty Trades Employees may request permission to exchange work days with other employees of similar rank and section, but such request shall not be used to alter established work shifts or schedules. Such request shall be made in a timely manner (normally twenty-four (24) hours) and shall normally be granted unless either of the following circumstances are involved: 1. The trade will likely occasion overtime payments to one of the employees involved in the trade; or 2. The Department has other work-related reasons for denying the trade which are neither arbitrary nor capricious. 23 All approved duty trades shall be paid back before the end of the next twenty-eight (28) day work schedule of the employee requesting the trade. If a substitute employee works another employee's scheduled work day in accordance with this section, then the hoursworked by the substitute employee shall only be counted as hours worked by the employee who was originally scheduled to work that shift. It is expressly understood that as a result of approving a voluntary request to exchange workdays, the Village will not incur any overtime liability. Section 10.12 Travel Time and Meal Reimbursements The employer shall provide police officers covered by this Agreement with travel and meal reimbursement benefits in accordance with current Village policies. Section 10.13 Educational Incentive The Village encourages job-related undergraduate and graduate level accredited college study by its employees to the fullest extent budgeted by the Village Board. All permanent full-time employees with at least one (1) year of service are eligible for educational incentive consideration. In order to encourage self-improvement, thereby increasing the employee's efficiency on the job, the Village will reimburse a portion of the cost of tuition for courses related to the employee's job and receiving prior approval by the Chief of Police and Village Manager consistent with budgetary constraints established by the Village Board. The Village's contribution will not exceed seventy-five percent (75%) for undergraduate and graduate study and one hundred percent (10096) for study undertaken at the direction of the Village. Generally, such courses will only be approved when taken outside normal working hours. No reimbursement will be authorized unless a grade of "C" or better (satisfactory) has been awarded. Proof must be presented. To be considered, reimbursement must be applied for immediately upon successful completion of the course. All training and education expenditures for the Village are dependent upon a written application from the employee, prior written approval of the Chief of Police and Village Manager. For those employees engaging in professional or specialized training or study wherein the courses are lengthy and expensive (this includes college study), Village reimbursement will only be granted when the participant has previously signed an agreement ( contract with the Village) for a specified additional period of work time. In the event this contract is unfulfilled, the Village will place a claim on the individual's final paycheck for recovery of the reimbursement. 24 ro ro/9/l;? ARTICLE XI SENIORITY, LAYOFF AND RECALL Section 11.1 Definition of Seniorit Seniority shall, for the purpose of this agreement, be defined as an employee's length of continuous full-time service with the Village, excluding temporary service, since his last date of hire less any deductions due to layoff, leave of absence(s) without pay or other non -paid breaks in service. If more than one person is hired on the same day, seniority preference will be established by final eligibility test score as posted on the official eligibility list by the Police and Fire Commission. Section 11.2 Probationary Period. The probationary period shall be defined as a work period beginning with the employees date of hire and ending twelve (12) months from the time the employee begins employment or receives certification as an Illinois Police Officer, whichever is later. Time spent absent from work, except for accrued vacation and/or holiday time, shall not count toward completion of the probationary period. Probationary employees may be disciplined or discharged with or without cause. Section 11.3 Seniority List. On or before January 1 each year, the Village will provide the Chapter with a seniority list setting forth each employee's seniority date. The Village shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the Village in writing within fourteen (14) calendar days after the Chapter's receipt of the list. Section 11.4 Reductions in the Work Force Should it become necessary to reduce the work force in the police Officer classification for any reason as approved by the Village Board, the Village will layoff police officers in the order specified in 65 I.L.C.S.5/10-2.1-18, and as, from time to time amended. Section 11.5 Recall. Employees who are laid off shall be placed on a recall list for the period required by law. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff, provided they are qualified to perform the work to which they are recalled with a minor amount of training. M1 9P r a jh /v 7 Employees who are eligible for recall shall be given a notice of recall which shall be sent to the employee by certified or registered mail, with a copy to the Chapter President. The employee must give notice to the Village of his intent to return within ten (10) calendar days after receiving such notice, but this time can be mutually extended. The Village shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of the employee to provide the Police Chief or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice his name shall be removed from the recall list. Section 11.6 Termination of Seniority. Seniority and the employment relationship may be terminated subject to the appropriate procedures of the Board of Fire and Police Commissioners, when an employee: (a) quits; (b) retires (or is retired pursuant to a legal mandatory retirement age adopted and implemented by the Village); (c) is discharged for just cause; (probationary employees without cause) (d) fails to report with or without prior notice for work for two (2) consecutive working days unless such failure was without just cause. (e) is laid off and fails to report for work within sixteen (16) calendar days after having been recalled unless otherwise mutually agreed; (f) does not report for work immediately following completion of a scheduled vacation, or approved leave of absence unless such failure was without just cause. (g) is laid off during the life of the current agreement, and is not recalled within a period of time equal to the total duration of the agreement; Section 11.7 Re -instatement of Seniority A Police Officer covered by this Agreement shall have any seniority rights reinstated due to dismissals, layoffs or retirements provided that the Officer who has a break of service of more than one (1) year must successfully complete a retraining program prescribed and approved by the Chief of Police and at the Village's expenses under the following conditions: Z 16/-07 a. A Police Officer retires due to a disability and is later certified by the Police Pension Board to be capable of resuming his duties and is returned to work by the Chief of Police. b. A Police Officer is separated due to a layoff or reduction in force and is later reinstated under conditions provided in the Illinois Revised Statutes. 27 AP rotq ARTICLE XII VACATION Section 12.1 Vacation Tine Accrual and Eli ibilit A. Vacation Accrual YEARS OF SERVICE ACCRUAL Start Date to end of 48 mos 6.67hrs/month Start of 49 mas to end of 108 mos 10.00hrs/month Start of 109 mos to end of 168 mos 12.00hrs/month Start of 169 mos to end of 228 mos 13.34hrs/month Start of 229 mos to end of 288 mos 15.33hrs/month Start of 289 mos 16.67hrs/month B. Vacation Eliaibility YEARS OF SERVICE ELIGIBILITY After 1 year 10 days After 5 years 15 days After 10 years 18 days After 15 years 20 days After 20 years 23 days After 25 years 25 days Section 12.2 Vacation -Taking Procedures A. Eligible employees, upon completion of one (1) full year of continuous service must take accrued vacation from their first twelve (12) months of continuous service prior to December 31, of the calendar year in which they complete one (1) full year of service, except that employees hired in the last quarter of the calendar year will have their accrued vacation for the first twelve (12) months of service automatically carried over into the next calendar year unless otherwise directed by the Department Head. B• Employees not covered by "A" above must take vacation accrued 28 in the previous twelve month period prior to December 31 of the vacation -taking year. C. Vacations schedules will be determined by the Department Head based on seniority on the shift to be scheduled. However, the needs of the Village in scheduling work shall be the controlling criterion. D. Vacations shall be taken in increments of full work days and shall be taken in intervals of three (3) days or more. Officers may use all earned vacation at one time provided necessary manpower requirements as determined by the Village can be maintained. If vacation is denied by the Village and there is insufficient available time in the current year to schedule such vacation, it may be carried over into the following calendar year or will be compensated at the discretion of the chapter member. Section 12.3 Miscellaneous Vacation Provisions Upon voluntary or involuntary termination of employment, a full time employee shall receive compensation for all accrued and unused vacation time at the pay rate in force at the time of termination. Specifically excluded from this provision are all probationary employees who terminate, or are terminated, prior to the completion of their full probationary period. Advancements in the use of vacation days may be made at the discretion of the Department Head with the Village Manager's approval. Scheduled vacations may be cancelled or changed by the Department Head or his designee when the needs of the Department require as determined by the Department Head or his designee dictate. If an approved vacation is cancelled and, at the time of the cancellation, the affected officer informs his supervisor that he will suffer non-refundable out-of-pocket losses (and the dollar amount of such losses) because of the cancellation, then upon presentation and confirmation of receipts to that effect, the Officer shall be reimbursed for such amount resulting from the cancellation. The cancelled vacation time shall be credited to the affected Officer's vacation time. 29 ARTICLE XIII UNION OFFICERS AND NOTIFICATIONS Section 13.1 Notification For purposes of this Agreement, the term "Chapter" shall refer to the representatives whose names and addresses shall be provided to the Village. all formal notifications to the Chapter, unless expressly provided otherwise, shall be addressed to the unless otherwise instructed. All formal notifications to the Village, unless expressly provided, shall be addressed to the Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499. 30 WP rnl9/f, ARTICLE XIV BULLETIN BOARD Section 14.1 Available Space The Village shall install a bulletin board with a locking mechanism in an appropriate location within the police department. The Chief shall be supplied with a key to said bulletin board. The bulletin boards are to be limited to information to keep employees advised about Chapter matters and social matters and such information shall be non-political and non-inflammatory in nature. The Chapter shall submit a dated, written and signed copy to the Police Chief or his designee of any posting at the time of posting. Under the same conditions as provided above, the Chapter will also have access to distribution of material with the understanding that copies for distribution and the distribution itself be done at Chapter expense and/or on non -work time. 31 Z10 If /y7 ARTICLE XV WAGES AND OTHER COMPENSATION Section 15.1 Wage Schedule for May 1, 1997, 1998 and 1999 Employees shall be compensated for the periods following May 1, 1997, 1998, and 1999 in accordance with the wage schedule attached to this Agreement and incorporated herein as Appendix "A". Section 15.2 Market -Based Equity Adjustment The Parties agree that effective May 1, 1999, all employees covered by this Agreement shall, in addition to the 3.00°% increase described in Appendix A, have their wages adjusted based upon a "market-based equity adjustment" calculated in a percentage amount necessary to place the wage of the Elk Grove Police Department at the seventh (7th) step of the wage scale in the tenth (10th) ranked position of the twenty (20) comparable towns attached hereto as Exhibit "B", with the top step of their base wages. Said adjustment shall be retroactive to May 1, 1999. The Parties also may mutually agree to eliminate certain towns from the comparables which would not affect the calulation of the wage adjustment. Further, the parties agree that time is of the essence and that this equity adjustment shall be made as soon as it is calculatable. Section 15.3 Step increases on Anniversary Date Employees who are otherwise eligible for a step increase shall move to the next step on their anniversary date, rather than on May 1. Example: A police officer who was hired on July 1, 1989, and who is at Step 2 as of May 1, 1991, shall be eligible to move to Step 3 on July 1, 1991, rather than May 1, 1992. Section 15.4 Loncrevity Schedule Effective May 1, 1997 All officers covered by this Agreement who have completed the appropriate length of service as stated below, shall receive a lump sum longevity payment December 1, 1997 as described in the "longevity amounts" chart which follows this paragraph. Furthermore, such lump sum longevity payment shall be calculated into the affected officers regular straight -time hourly rate of pay if and to the extent required by law. Commencing May 1, 1998 said lump sum longevity payment shall be made to each affected officer on that officers anniversary date of hire; said payment shall be calculated into the affected officers regular straight -time hourly rate of pay if, and to the extent required by law. 32 Ap (61919, LONGEVITY AMOUNTS CHART FULL YEARS OF SERVICE 5-1-97 to 4-30-98 5-1-98 to 4-30-99 5-1-99 to 4-30-00 1. 11, 12, 13, 14,15 $150.00 $200.00 $300.00 2. 16, 17, 18, 19, 20 250.00 300.00 400.00 3. 21 PLUS 350.00 400.00 500.00 33 PP (OfTIF7 ARTICLE XVI SICK LEAVE AND LEAVES OF ABSENCE Section 16.1 Definition of Sick Leave Sick leave is a benefit provided by the Village to protect an employee against loss of pay if that employee is unable to work by reason of the employee's non -work related illness, injury or pregnancy. In the event of a serious illness in an employee's immediate family, an employee may utilize paid sick leave under this section. For purposes of this section, the employee's immediate family shall be defined as spouse and children of the employee and mother, father, brother and sister of the employee and the employee's spouse. The employee shall verify the existence of a serious illness in his/her immediate family when requested to do so in a specific instance by the Village. Misuse or abuse of sick leave benefit may be cause for disciplinary action. The Chapter shall join the Village in making efforts to correct the misuse or abuse of sick leave wherever and whenever it may be suspected of occurring. A. Sick Leave Accrual Employees will accrue sick leave at a rate of one work day for each calendar month of service up to a maximum of one hundred and twenty (120) days. For purposes of using sick leave days, a sick leave day for employees assigned to an eight (8) hour shift will be eight (8) hours. Employees become eligible for Sick Leave Pay to the extent accrued. B. Proof of Illness Medical proof of illness and/or recovery, of an employee, after three (3) or more consecutive work days of absence due to claimed illness, or after absence(s) due to illness of an employee's family member, may be required by the Department Head before any employee may return to work or receive sick leave benefits. Failure to provide such proof within five (5) calendar days from the date of request by the Village, or at the time any employee returns to work, whichever is shorter, may be grounds for disciplinary action. C. Usage Sick leave shall be used on an hour -for -hour basis, with one hour of sick time deducted for every individual hour absent from work. Sick leave shall also, with as much advance notice 34 AP )0171t7 as possible, include any form of preventive medicine or treatment that requires the employee to take time off during normal hours to see his/her doctor, receive hospital or clinical services, dental care, optometrist appointment, and other similar medical attention. D. Notification of Usage Notification of absence due to sickness shall be given to the on -duty supervisor as soon as possible on the first day of such absence and every day thereafter unless this requirement is waived by the Department Head, but no later than sixty (60) minutes before the start of the employee's work shift unless it is shown that such notification was impossible. Failure to report an illness will be treated as an absence without pay and may subject the employee to disciplinary action. Section 16.2 Bereavement Leave. In the event of a death in the employee's immediate family, as defined in Section 16.3 below, an employee will be granted up to three (3) consecutive work days off, with no loss in pay. Sick leave accruals will not be reduced by use of this benefit. Section 16.3 Emergency Leave. Employees are eligible for Emergency Leave benefits in the event of serious illness and/or injury in the immediate family. The days and/or part days used for Emergency Leave shall reduce the employee's sick leave accumulation by an equal amount. For purposes of this Section immediate family is defined as child; spouse; brother or sister; parent; grandparents; grandchild, brother- or sister-in-law; parents-in-law; son- or daughter-in-law; grandparents -in-law; (no matter where they live), and any other relative living in the employee's household. Section 16.4 New Infant Leave An employee who is the parent of a newly born infant or adopted infant is eligible to receive up to three (3) days of New Infant Leave which shall reduce the amount of an employee's accrued sick leave by an equal amount. Use will be permitted on the day the baby is born, the day when the parent delivering the baby and the baby come home, and the day after the baby comes home, provided that they are normal work days. Section 16.5 Personal Temporary Leave of Absence Employee (s) who suffer an off -the -job injury or illness and is (are) unable to return to work following exhaustion of all his/her accrued sick leave benefits, vacation days, and holidays, and that 35 �P rcJ7h7 employee, upon request, may be granted a temporary leave of absence with the approval of the Village Manager. Such leave of absence shall begin following the use of all accrued benefits as described above. I£ the employee is permitted a temporary leave of absence, the Village Manager shall set the time period based on the circumstances in each specific case. No sick leave, vacation, holiday, or seniority benefits will accrue to the employee during the temporary leave of absence and any holidays which may occur during the leave will be forfeited. Failure to apply for such leave upon expiration of sick leave benefits will result in automatic termination. An employee on temporary leave, or on layoff up to eighteen (18) months or until the officer on layoff obtains other health insurance coverage, will be permitted to continue his coverage under the Village's Group Health Insurance, Life Insurance and/or Dental Insurance at his own expense. Payment for such coverage shall be made by the 1st of the month to the Village. The Village does not guarantee the employee's reinstatement to his/her position upon return from a temporary leave of absence, however, the village will permit the employee to resume his last full-time status if the position is still in existence and vacant. If the Position no longer exists, or is filled, the Village will make an active effort to place the employee in the most comparable position as soon as one becomes available in the Police Department. If an employee is determined by appropriate professionals to be permanently disabled as the result of an off -the -job injury or illness, the employee shall be terminated effective on the date of such decision by the Village Manager. Section 16.6 Military Leave A. Full time, non -probationary employee(s) who leave active employment for the purpose of being inducted, entering, determining physical fitness to enter, or performing training duty in the armed forces or Coast Guard, either by enlistment, draft or recall, will be granted a Leave of Absence. Upon the expiration of such Leave of Absence, each employee will be restored to his/her former job classification or to a position of like seniority, status and pay, unless circumstances of the Village have so changed as to make it impossible or unreasonable to do so. This will be done provided: dP )V/7,/f:7 1. Application for re-employment is made within ninety (90) days after discharge from active service or hospitalization continuing after discharge for a period of not more than one (1) year. 2. Application for re-employment is made by the employee within thirty-one (31) days after release from performing training duty or rejection before performing any active duty, of not less than three (3) months. 3. Employee presents certificate showing satisfactory completion of service. 4. Employee's voluntary period of enlistment or recall to active duty does not exceed four (4) years, plus a one (1) year additional voluntary extension of active duty if this is at the request and for the convenience of the Government. B. Any employee who, as a member of a military reserve unit of the United States or State of Illinois, attends special training assignments, shall be given leave - not to exceed fourteen (14) calendar days a year. This special leave shall in no way affect Vacation, Sick Leave or other Emergency Leave benefits of the employee's job status. The employee will receive full pay during the absence which shall be computed at an amount equal to one hundred percent (100%) of base pay, less any wage payments made by the reserve unit of the United States or the State of Illinois. Section 16.7 Jury Leave. Should any bargaining unit employee covered by this agreement be legally required to serve on a jury, that employee shall be excused from work without loss of regular straight -time pay in accordance with the current Village Policy for the days or portions thereof on which the employee must be present for such service and on which the employee would have otherwise been scheduled to work. Section 16.8 Americans with Disabilities Act. The parties agree that the Village may, notwithstanding any other provision of this Agreement, take action that is in accord with what is legally permissible under the Act in order to be in compliance with the American With Disabilities Act, so long as it does not diminish or alter any current contractual or statutory benefit. 37 I p 10/7/?7 Section 16.9 Family and Medical Leave Act of 1993. The parties agree that the Village may adopt policies to implement the Family and Medical Leave Act of 1993 that are in accord with what is legally permissible under the Act, and that do not diminish or limit any benefit currently provided by the Village. Section 16.10 Request for Time Off. All employees requesting time off,including, but not limited to, vacation, personal time, or other authorized leave time, shall do so in the following manner: a. Each employee shall submit a written request on a form designated by the Village for approval by the Chief of Police or his designee. b. It is expressly understood that the final right to approve a request for time off is reserved by the Chief of Police in order to insure the orderly performance of services rendered by the Village. C. Requests for time off shall not be denied without reason. d. Reasons for denial shall be stated on the requesting form. Ap f9 /1 ARTICLE XVII INSURANCE Section 1.7.1 Coverage The Village shall continue to try to make available to full time police officers and their dependents, substantially similar group health and hospitalization insurance, group dental benefits, and life insurance coverage as existed prior to the signing of this Agreement. The Village reserves the right to self -insure or utilize group insurance carriers, as it deems appropriate. The Village will notify the Chapter of any changes in insurance, and upon request, will discuss these changes prior to implementation. Section 17.2 Cost of Medical and Dental Insurance Effective for the term of this Agreement, the Village will contribute 85% of the designated premium cost of participation in the Village Plan (including the dental plan) for both single and family coverage and the employee shall contribute 15% of the cost for the program and coverage selected. The Village's insurance plan will not be materially changed during the term of this Agreement. At no time during the term of this Agreement will bargaining unit employees be required to pay more for insurance than any other non-union Village employees. Section 17.3 Life Insurance The Village will provide term life insurance coverage for each officer in an amount equal to each officer's basic annual salary. Dependent life insurance in the amounts of $5,000 for an officers spouse and $3,000 for each dependent will also be provided by the Village. A Supplemental Life Insurance Program will also be available. Officers wishing to participate in this coverage will contribute 100% of the total cost if approved by the insurance company. 39 AP (C,/,f, A;? Section 17.4 Flex Proaram Effective upon ratification of the Agreement by both parties, employees will have the right to participate in the Village Section 125 Flex Program on the same terms and conditions applicable to other Village employees. Section 17.5 Cost Containment The Village reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, Pre -admission and continuing admission review, prohibition of weekend admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. M Ap f /I /f 7 ARTICLE XVIII HOLIDAYS Section 18.1 Holiday Benefits Each full time police officer will be given eight (8) floating holidays and four (4) fixed holidays. The fixed holidays shall be New Year's Day, Fourth of July, Thanksgiving Day, and Christmas Day. Floating Holidays can be scheduled when vacation schedules are set. Floating Holidays shall be taken in increments of full work days. Floating Holidays may be scheduled together but in no case shall more than five (5) Floating Holidays be scheduled consecutively. Floating Holidays schedules will be determined by the Department Head based on seniority on the shift to be scheduled. The needs of the Village in scheduling work shall be the controlling criterion in scheduling Floating Holidays. Holidays which remain unused as of December 31 of each year and which were unable to be taken through no fault of the employee, shall be compensated at a straight time rate. No carryover of Floating Holidays shall be allowed. Section 18.2 Eligibility To be eligible for pay for holiday(s) employees must work the full scheduled day before and the full scheduled day immediately following the holiday(s). If absent either or both of these days due to claimed illness, the Village may require medical proof of such illness within twenty-four (24) hours of the employees return to work. Section 18.3 Pay for Work on Fixed Holidays In addition to the normal eight (8) hours holiday pay benefit, officers who worked on any of four (4) designated fixed Holidays, New Years Day, Fourth of July, Thanksgiving Day and Christmas Day, shall be paid at the rate of time and one-half (1 1/2) of all hours worked on the designated Fixed Holidays. Section 18.4 Loss of Floatina Holida Employees who terminate their employment with the Village during the calendar year shall not receive any compensation for unused Floating Holidays, not scheduled. Section 18.5 Probationary Holiday Benefit Officers hired in the first quarter of the year shall be eligible for eight (8) Floating Holidays in addition to any Fixed Holidays. 41 Officers hired in the second quarter of the year shall be eligible for five (5) Floating Holidays. Officers hired in the third quarter of the year shall be eligible for two (2) Floating Holidays in addition to any Fixed Holidays. Officers hired in the last quarter of the year will be ineligible for any Floating Holidays, but will be eligible for any Fixed Holidays occurring in the last quarter after their date of hire. 42 AP f6hIf, ARTICLE XIX EMPLOYEE ALCOHOL AND DRUG TESTING Section 19.1 Statement of Policy It is the policy of the Village that the public has the absolute right to expect persons employed by the Village in its Police Department will be free from the effects of drugs and alcohol. The Village, as the employer, has the right to expect its employees to report for work fit and able for duty and to set a positive example for the community. The purposes of this policy shall be achieved in such manner as not to violate any established constitutional rights of the officers of the Police Department. Section 19.2 Prohibitions officers shall be prohibited from: (a) Abusing prescribed drugs, or consuming or possessing alcohol at any time during or just prior to the beginning of the work day or anywhere on any Village premises or job sites, including Village Building's properties, vehicles, or the officer's personal vehicle while engaged in Village business, except as may be necessary in the performance of duty. (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place, except as may be necessary in the performance of duty. (c) Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs which the employee may be taking. Section 19.3 Drug & Alcohol Testing Permitted Where the Village has reasonable suspicion to believe that: (a) an officer is being affected by the use of alcohol; or (b) has abused prescribed drugs; or (c) has used illegal drugs, the Village shall have the right to require the officer to submit to alcohol or drug testing as set forth in this Agreement. The Village may also require an officer to randomly submit to alcohol or drug testing where the employee is voluntarily assigned to a departmental drug enforcement group for a period of at least thirty (30) days and where such officer's duties are primarily related to drug enforcement. The foregoing shall not limit the right of the Village to conduct any tests it may deem appropriate for persons seeking employment as police officers prior to their date of hire, or upon promotion to another position within the Department. 43 ap IOWFT Section 19.4 Order to Submit to Testin Within forty-eight (48) hours of the time the officer is ordered to testing authorized by this Agreement, the Village shall provide the officer with a written notice setting forth the facts and inferences which form the basis of the order to test. Refusal to submit to such test may subject the emplcyee to discipline, but the officer's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 19.5 Tests To Be Conducted In conducting -the testing authorized by this Agreement, the Village shall: (a) Use only a clinical laboratory or hospital facility which is certified by the State of Illinois to perform drug and/or alcohol testing. (b) Establish a chain of custody procedure for both sample collection and testing that will insure the integrity of the identity of each sample and test result. (c) Collect a sufficient sample of the same bodily fluid or material from an officer to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the officer. (d) Collect samples in such a manner as to preserve the individual officer's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Officers shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the officer may attempt to compromise the accuracy of the testing procedure. (e) Confirm anv sample that tests positive in initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. (f) Provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer's choosing, at the officer's own expense, provided the officer notifies the Village within seventy-two (72) hours of receiving the 44 OP (614%9 7 results of the test that he desires to have the additional sample tested. (g) Require that the laboratory or hospital facility report to the Village that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Village consistent with the understandings expressed herein (e.g., balu719 for testing that reveal the nature or number of test administered), the Village will not use such information in any manner or form adverse to the officer's interests. (h) Require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, test results showing an alcohol concentration of .020 or more based upon the grams of alcohol per 100 milliliters of blood shall be considered a positive test result, while test results showing an alcohol concentration of .0199 or less shall be considered a negative test result. (i) Provide each officer tested with a copy of all information and reports received by the Village in connection with the testing and the test results. (j) Insure that no officer is the subject of any adverse employment action except emergency temporary reassignment or relief of duty with pay during the pendency of any testing procedure, except that an officer may be suspended without pay or otherwise disciplined for reasons unrelated to the test, or if the test result registers positive. Section 19.6 Right to Contest If disciplinary action is not taken against an employee based in whole or in part upon the results of a drug or alcohol test, the Union and/or the officer, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the test, the right to the test, the administration of the tests, the significance and accuracy of the test, or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the Grievance Procedure. Further, if disciplinary action is taken against an officer based in part upon the results of a test, then the Union and/or the officer, with or without the Union, shall have the right to file a grievance concerning any portion of the test if the discipline is not so extreme as to invoke the jurisdiction of the Village Board of Fire and Police Commissioners. If the discipline is sufficiently extreme as to invoke the 45 1'R ➢ 14 %rO 7 jurisdiction of the Village Board of Fire and Police Commissioners, then the Union and/or the officer, with or without the Union, shall have the right to contest any testing permitted by this Agreement before the Board of Fire and Police Commissioners. Any evidence concerning test results which is obtained in violation of the standards contained in this Article shall not be admissible 'in an disciplinary proceeding involving the officer. Section 19.7 Riaht to Discipline The Village shall have the right to discipline officers, or recommend discipline against officers as may be appropriate, for violations of this Article. Where a violation of Section 2(a) is found, the Village for a first-time offender may recommend disciplinary action up to but not including termination, so long as the offender voluntarily seeks treatment, counseling or other support for the alcohol or prescribed drug abuse problem, so long as: (a) The officer agrees to appropriate treatment as determined by the physician(s) involved. (b) The officer discontinues his abuse of prescribed drugs, use of illegal drugs or abuse of alcohol. (c) The officer completes the course of treatment prescribed, including an "after-care" group for a period of up to twelve (12) months. (d) The officer agrees to submit to random testing during work hours throughout the period of "after-care." Officers who do not agree to or act in accordance with the foregoing shall be subject to discipline, up to and including discharge. Additionally, where a violation of Section 2(b) is found, officers shall be subject to discipline up to and including discharge. Section 19.8 Voluntary Recruests for Assistance The Village shall take no adverse employment action against any officer who voluntarily seeks treatment, counseling, or other support for an alcohol or drug related problem, other than the Village may require reassignment of the officer with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon: (a) The officer agreeing to appropriate treatment as determined by the physician(s) involved. (b) The officer discontinuing his abuse of prescribed drugs, use of illegal drugs or abuse of alcohol. 46 po (dfly% (c) The officer completing the course of treatment prescribed, including an "after-care" group for a period of up to twelve (12) months. (d), The officer agreeing to submit to random testing during work hours throughout the period of "after-care." Officers who do not agree to or act in accordance with the foregoing shall be subject to discipline up to and including discharge. Nothing in this Section or Article shall allow an officer to avoid discipline resulting from an ongoing investigation, or discipline for violation of Departmental rules other than rules prohibiting an officer from being under the influence of alcohol or prescribed drugs. This Article shall not be construed as an obligation on the part of the Village to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the officer's current use of alcohol or drugs prevents such individual from performing the duties of a police officer or whose continuance on active status would constitute a direct threat to the property and safety of others. Such officer shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. 47 ARTICLE XX UNIFORMS Section 20.1 Uniforms Non -probationary employees assigned as investigators for an entire fiscal year shall be eligible for reimbursement for purchases of necessary work clothing up to a maximum of $500.00 per fiscal year. Employees assigned to the position of C.P.O. for an entire year shall be eligible for reimbursement for purchases of necessary work clothing up to a maximum of $250.00 per fiscal year. All other non -probationary employees covered by this agreement shall be on a quartermaster system maintained and administered by the Village for uniform repair or replacement, including body armor. M PP I0/9f%' ARTICLE XXI EMPLOYEE WELLNESS AND FITNESS Section 21.1 Fitness Examination If there is any reasonable question concerning an employee's fitness for duty, or fitness to return to duty, the Police Chief may require that the employee have an examination by a qualified, licensed physician of the Village's choice. The Village will pay the cost of any such examination. Section 21.2 Immunization and Inoculations The Village agrees to provide to all members covered by this Agreement inoculations and immunizations which are determined by the Village's medical authority to be necessary and appropriate to the season or the risk. Said inoculations and immunizations shall be provided at no cost to the employee. OM RP 14/02 ARTICLE XXII CONFLICT WITH LAW If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement and parties will meet and bargain over replacement of the unlawful or unenforceable provision. 50 ARTICLE XXIII ENTIRE AGREEMENT This Agreement constitutes the complete and entire agreement between parties, and concludes collective bargaining between the parties for its term. Before the Employer implements an overall change in past practice which has a direct and significant effect on employee wages, hour or working conditions, the Employer will offer to discuss the change with the Union (except in case of emergency). 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 or ordinance from the area of collective bargaining, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The Union specifically waives any right it might have to impact or effects bargaining for the life of this Agreement. 51 ARTICLE XXIV MISCELLANEOUS PROVISIONS Section 24.1 Notice For purposes of this Agreement, the term "Chapter Officers" shall refer to the representatives whose names and addresses shall be provided to the Village. All Formal notifications to the Chapter, unless expressly provided otherwise, shall be addressed to the Metropolitan Alliance of Police, Elk Grove Village Police Chapter #141, President, P.O. Box #122, Elk Grove Village, Illinois 60009, unless otherwise instructed. Section 24.2 Light Dutv Any Officer who is injured and unable to perform his full-time duty may, with a written physician's approval, request the opportunity to work light duty, subject to the Chief's and the Village Manager's approval in their absolute discretion and in accordance with the needs of the Department, and according to the applicable Village policy and/or resolution, or may be ordered to work such duty. The Village and the Chapter agree that there shall be no pyramiding of benefits of light duty assignments with workmen's compensation or other disability benefits. Section 24.3 Outside Employment The Chief of Police may restrict off-duty employment in the best interests of the Department. Employees may be allowed to engage in off-duty employment up to a maximum of twenty-five (25) hours per week, subject to the prior written approval of the Chief of Police or the Chief's designee, and such requirements as may be set forth by general order or departmental rules and regulations. The Chief of Police may, at his discretion, waive the twenty-five (25) hour per week limitation for an employee in a specific instance. Section 24.4 Personnel File The Village agrees to abide by the lawful requirements of Illinois Access to Personnel Records Act, 820 I.L.C.S. 40/1 2001 et sea. The parties agree that any violation of this section shall not be subject to the grievance procedure. Section 24.5 Direct Deposit The Village agrees that it will make available to all employees covered by this agreement direct deposit for wages received by employees. This benefit shall be available to those covered employees who elect to utilize such benefit. 6% ARTICLE XXV NO SOLICITATION While the Village acknowledges that the chapter may be conducting solicitation of Village of Elk Grove Village merchants, residents, or citizens, the Chapter agrees that none of its officers, agents, or members will solicit any person or entity for contributions or donations on behalf of the Elk Grove Village police Department or the Village. The Chapter agrees that the Village name, shield or insignia, communications systems, supplies and materials will not be used for solicitation purposes. Solicitation by bargaining unit employees may not be done on work time. Neither the Chapter nor the Metropolitan Alliance of Police, nor it's agent or representatives, may use the words "Village of Elk Grove Village Police" in its name or describe itself as "Village of Elk Grove Village Police Chapter 141". The foregoing shall not be construed as a prohibition of lawful solicitation efforts by the Chapter or the Metropolitan Alliance of Police directed to the general public, nor shall it limit the Village's right to make comments concerning solicitation. 53 ARTICLE XXVI RESIDENCY The Parties agree that for the duration of this agreement the village will not enforce or restrict the location of the residence of any employee covered by this agreement. 54 PeP roltl9� ARTICLE XXVII DURATION OF AGREEMENT This Agreement shall be effective as of October 9, 1997, and shall remain in full force and effect until 11:59 p.m. on the 30th day of April, 2000. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least one hundred twenty (120) days prior to the expiration date of this Agreement. In the event that such notice is given, negotiations shall begin no later than ninety (90) days prior to the anniversary date. The provisions of this Agreement shall continue in effect so long as the parties are engaged in good faith negotiations or are exercising their impasse procedure rights under the Illino' Public Labor Relations Act. (j Executed this N day of For the Village of Elk Grove Gary E. Parrin Village Manager Patricia S. Smith Village Clerk For Metropolitan Alliance of Police Elk Grove Village Chapter x#141 A President, M.A.P. Elk Grove Village Chapter #141 55 k 1019 /o .ice APPENDIX "A" WAGES 356 3% 3% The Parties agree that the wages for all officers covered by this agreement commencing May 1, 1999 shall be modified by a percentage amount necessary to bring the Step 47 salary to an amount equal to the 10th ranking out the twenty (20) municipalities listed in Appendix 11311 attached hereto at the comparable step in their salary schedule. Said percentage shall then be applied to all the above steps in the last year of this agreement M. PRP 16 )1 fq ? E 9'fect ive., ?5-1- Effective 5-I Ef f el: t ivle::, 5-1-; STEP 97 ko 98 to 99 1 10 4430�-:98 4m;30�--991 4-10:-:00 1. Entrance $34;1683 $36.724: $16r:7195" Afte full . ye . ar , 0 , f 57 serv-ice Ai tear full : years of $39,137 $401,.311, $41,5210: service 4.:-Af t,er.:: 3: full years: of: $41;362 $421,1603 service full ars :1 243 service full f $46f,801', $,0"1.75' $418i'590 seruiae 7 '.After, 6 full years of $48,7411! $50,202 $51,7,08 I Service 1� — -- The Parties agree that the wages for all officers covered by this agreement commencing May 1, 1999 shall be modified by a percentage amount necessary to bring the Step 47 salary to an amount equal to the 10th ranking out the twenty (20) municipalities listed in Appendix 11311 attached hereto at the comparable step in their salary schedule. Said percentage shall then be applied to all the above steps in the last year of this agreement M. PRP 16 )1 fq ? 1. ADDISON 2. ARLINGTON HEIGHTS 3. BARTLETT 4. CAROL STREAM 5. DESPLAINES 6. DOWNERS GROVE 7. ELMHURST 8. GLENDALE HEIGHTS 9. HOFFMAN ESTATES . 10. LISLE 11. LOMBARD 12. MOUNT PROSPECT 13. NILES 14. PALATINE 15. ROLLING MEADOWS 16. STREAMWOOD 17. VILLA PARK 18. WESTMONT 19. WHEATON 20. WHEELING APPENDIX "B" 57