HomeMy WebLinkAboutRESOLUTION - 57-97 - 11/11/1997 - LABOR AGREEMENT/FIREFIGHTERS RESOLUTION NO. 57-97
• A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
A LABOR AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND ELK GROVE VILLAGE FIREFIGHTERS ASSOCIATION, LOCAL NO. 3398,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. AFL-CIO. CLC
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 ELK GROVE VILLAGE
FIREFIGHTERS ASSOCIATION, LOCAL NO. 3398, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, AFL-CIO, CLC"
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 NAYS: 0 ABSENT: 0
PASSED this 11th day of November 1997 .
APPROVED this 11th day of November 1997 .
Craig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
' , 1
AGREEMENT
Between
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
and
ELK GROVE VILLAGE FIREFIGHTERS ASSOCIATION,
LOCAL NO. 3398, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC
May 1, 1996 Through April 30, 1999
2081037.1
TABLE OF CONTENTS
Page
ARTICLEI - PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II - RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE III - NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3.1. Discrimination Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3.2. Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE IV - UNION SECURITY AND RIGHTS . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.1. Dues Checkoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.2. Fair Share . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.3. Union Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE V - UNION OFFICERS AND NOTIFICATION . . . . . . . . . . . . . . . . . . . 6
Section 5.1. Union Officers and Notification to the Union . . . . . . . . . . . . . . . 6
Section 5.2. Notification to the Village . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE VI - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE VII - DISCIPLINE AND DISCHARGE . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 7.1. Employee Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 7.2. Employer's Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE VIII - DRUG AND ALCOHOL TESTING . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE IX - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 9.1. Definition of a Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 9.2. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 9.3. Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.4. Limitations on the Authority of the Arbitrator . . . . . . . . . . . . . 13
Section 9.5. Paid Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.6. Time Limit for Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.7. Responses to Grievances by Supervisory Employees
who are Union Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.8. Employee Right to Self-Representation . . . . . . . . . . . . . . . . . . 14
Section 9.9. Grievances Filed by the Union . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE X - NO STRIKE/NO LOCKOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.1. No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.2. Obligations of Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.3. No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10.4. Judicial Restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE XI - LABOR MANAGEMENT MEETINGS . . . . . . . . . . . . . . . . . . . . 17
Section 11.1. Meeting Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 11.2. Content . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 11.3. Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 11.4. Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE XII - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12.1. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12.2. Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12.3. Seniority List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12.4. Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 12.5. Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 12.6. Termination of Seniority . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE XIII - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . 21
Section 13.1. Application of Article . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 13.2. Normal Work Period and Workday . . . . . . . . . . . . . . . . . . . 21
Section 13.3. Hourly Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 13.4. Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 13.5. Applicability of Overtime Pay Provisions to Lieutenants . . . . . . 22
Section 13.6. Hirebacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 13.7. Duty Trades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 13.8. Call-Back Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 13.9. No Pyramiding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE XIV - WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 14.1. Firefighters Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 14.2. Fire Lieutenants Salaries and Merit Adjustments . . . . . . . . . . . 25
Section 14.3. Grievances Over Denial of Merit Pay . . . . . . . . . . . . . . . . . . 26
Section 14.4. Paramedic Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 14.5. Longevity Pay-: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
r
Section 14.6. Retroactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 14.7. Pay Rate for Firefighters Assigned Inspectional
Services Division Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE XV - INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 15.1. Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 15.2. Cost of Medical and Dental Insurance . . . . . . . . . . . . . . . . . 28
Section 15.3. Term Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 15.4. Employee Assistance Program . . . . . . . . . . . . . . . . . . . . . . 28
Section 15.5. Cost Containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 15.6. Section 125 Flex Program . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 15.7. Insurance Coverage of Retirees 29
Section 15.8. Terms of Insurance Policies to Govern . . . . . . . . . . . . . . . . . 30
ARTICLE XVI - VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 16.1. Amount of Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 16.2. Vacation Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 16.3. Vacation Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 16.4. Limitation on Accumulation of Vacation . . . . . . . . . . . . . . . . 32
Section 16.5. Pay for Earned but Unused Vacation Upon Termination . . . . . . 32
ARTICLE XVII - LEAVES OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 17.1. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 17.2. Emergency Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 17.3. Maternity Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 17.4. Paternity Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 17.5. Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 17.6. Jury or Witness Duty Leave . . . . . . . . . . . . . . . . . . . . . . . 35
Section 17.7. Unpaid Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 17.8. Unpaid Personal Leave of Absence for Non-Illness
or Injury Related Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
ARTICLE XVIII - HOLIDAYS AND HOLIDAY PAY . . . . . . . . . . . . . . . . . . . . 38
Section 18.1. Designation of Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 18.2. Eligibility Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 18.3. Pay for Holiday Work . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 18.4. Holiday Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 18.5. Floating Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 18.6. Scheduling of Floating Holidays and Paid Holiday Time Off . . . . 39
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ARTICLE XIX - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 19.1. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 19.2. Ratification and Amendment . . . . . . . . . . . . . . . . . . . . . . . 40
Section 19.3. Termination Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 19.4. Physical Fitness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 19.5. Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Section 19.6. Secondary Employment . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Section 19.7. Fitness Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Section 19.8. Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Section 19.9. Maintenance of Specific Working Conditions . . . . . . . . . . . . . 42
Section 19.10. Notice of Fire Service Training Opportunities 43
Section 19.11. Safety Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Section 19.12. Legal Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Section 19.13. On-The-Job Injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Section t9.W. Shift and Station Assignments . . . . . . . . . . . . . . . . I . . . . . 44
Section 19.15. Paychecks and Envelopes . . . . . . . . . . . . . . . . . . . . . . . . 45
Section 19.16. Paramedics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Section 19.17. Promotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Section 19.18. Personnel File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Section 19.19. Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Section 19.20. Rules and Reeulations . . . . . . . . . . . . . . . . . . . . . . . . . . 45
ARTICLE XX - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
ARTICLE XXI - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
ARTICLE XXII - TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
ARTICLE I
PREAMBLE
This Agreement is entered into by the Village of Elk Grove Village, Illinois (hereinafter
referred to as the "Employer" or the "Village"), and the Elk Grove Village Firefighters
Association, Local No. 3398 of the International Association of Firefighters, AFL-CIO, CLC
(hereinafter referred to as the JAFF" or the "Union") effective May I, 1996.
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ARTICLE II
RECOGNITION
The Village hereby recognizes the Union as the sole and exclusive Collective Bargaining
representative for a bargaining unit consisting of:
All full-time sworn Fire Lieutenant Paramedics, Fire Lieutenants, Firefighter
Paramedics, Firefighters and Probationary Firefighters in the Village of Elk
Grove Village below the rank of Captain.
Excluded are all other employees, including but not limited to Captains, Assistant
Chief, Deputy Chiefs, Chief, Training Officer, Fire Inspector, and all
Supervisory, Managerial, Confidential, and professional employees as defined by
the Act, and all other employees of the Fire Department and the Village of Elk
Grove Village.
3
ARTICLE III
NON-DISCRIMINATION
Section 3.1. Discrimination Prohibited. The Village and the Union agree that they will
not discriminate against any person with respect to Union membership or non-membership, age,
sex, marital status, race, creed, national origin, religion, disability or political affiliation in
violation of State or Federal Law.
Section 3.2. Gender. Whenever a specific gender is used in this agreement, it shall be
construed to include both male and female employees.
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ARTICLE IV
UNION SECURITY AND RIGHTS
Section 4.1. Dues Checkoff. While this Agreement is in effect, the Village will deduct
from each employee's paycheck once each pay period the uniform, regular monthly Union dues
for each employee in the bargaining unit who has filed with the Village a lawful, voluntary,
effective checkoff authorization form. The Village will honor all executed check off
authorization forms received not later than ten (10) working days prior to the next deduction
date. If a conflict exists between the checkoff authorization form and this Article, the terms of
this Article and Agreement control.
Total deductions collected for each calendar month shall be remitted by the' Village to the
Treasurer of the Union together with a list of employees for whom deductions have been made
not later than the tenth (10th) of the following month. The Union agrees to refund to the
employee any amounts paid to the Union in error on account of this dues deduction provision.
A Union member desiring to revoke the dues checkoff may do so by written notice to
the Village at any time during a sixty (60) day period prior to April 30 of each year of the
contract. Dues shall be withheld and remitted to the Treasurer of the Union unless or until such
time as the Village receives a notice of revocation of dues checkoff from an employee, or notice
of an employee's death, transfer from covered employment, termination of covered employment,
or when there are insufficient funds available in the employee's earnings after withholding all
other legal and required deductions. Information concerning dues not deducted under this
Article shall be forwarded to the Treasurer of the Union, and this action will discharge the
Village's only responsibility with regard to such cases. Deductions shall cease at such time as
a strike or work stoppage occurs in violation of Article X (No Strike-No Lockout).
The actual dues amount to be deducted shall be certified to the Village by the Treasurer
of the Union, and shall be uniform in dollar amount for each employee in order to ease the
Employer's burden of administering this provision. The Union may change the fixed uniform
dollar amount which will be the regular monthly dues once each calendar year during the life
of this Agreement. The Union will give the Village thirty (30) days' notice of any such change
in the amount of uniform dues to be deducted.
Section 4.2. Fair Share. (a) During the term of this Agreement, employees who are
not members of the Union shall, commencing thirty (30) days after their date of hire, pay a fair
share fee to the Union for collective bargaining and contract administration services rendered
by the Union as the exclusive representative of the employees covered by this Agreement,
provided said fair share fee shall not exceed the dues attributable to being a member of the
Union. Such fair share fees shall be deducted by the Village from the earnings of non-members
and remitted to the Union in the same manner as dues are deducted for Union members. The
t
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Union shall periodically submit to the Village a written list of the employees covered by this
Agreement who are not members of the Union.
(b) The Union agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in such cases as Chicago Teachers
Union v. Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share
fee payors as well as all applicable provisions of the Illinois Public Labor Relations Act and the
rules and regulations promulgated thereunder relating to fair share fees. It is specifically agreed
that any dispute a fair share fee payor may have with the Union concerning the amount of the
fair share fee and/or the responsibilities of the Union with respect to fair share fee payors shall
not be subject to the grievance and arbitration procedure set forth in this Agreement.
(c) Non-members who object to this fair share fee based upon bona fide religious
tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable
organization mutually agreed upon by the employee and the Union. If the affected non-member
and the Union are unable to reach agreement on the organization, the organization shall be
selected by the affected non-member from an approved list of charitable organizations established
by the Illinois State Labor Relations Board and the payment shall be made to said organization.
Section 4.3. Union Indemnification. The Union shall indemnify, defend and hold
harmless the Village and its officials, representatives and agents against any and all claims,
demands, suits or other forms of liability (monetary or otherwise) and for all legal 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 Union shall refund directly to
the employee any such amount.
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ARTICLE V
UNION OFFICERS AND NOTIFICATION
Section 5.1. Union Officers and Notification to the Union. For purposes of this
Agreement, the term "Union Officers" shall refer to the duly elected representatives whose
names and addresses shall be provided to the Village. All formal notifications to the Union shall
be hand delivered to the Union President and Secretary while they are on duty and also mailed
to their home addresses on file with the Personnel Office.
Section 5.2. Notification to the Villaee. All formal notifications to the Village shall be
hand delivered to the Fire Chief or his designee in his absence and mailed to the Village
Manager, Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois
60007-3499.
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ARTICLE VI
MANAGEMENT RIGHTS
Except as specifically modified by any and all other articles of this Agreement, the Union
recognizes the exclusive right of the Village to make and implement decisions with respect to
the operation and management of its operations in all respects. Such rights include but are not
limited to the following: to plan, direct, control and determine all the operations and services
of the Village; to supervise and direct the working forces; to establish the qualifications for
employment and to employ employees; to schedule and assign work; to establish work and
productivity standards and, from time to time, to change those standards; to assign overtime; to
determine the methods, means, organization and number of personnel by which operations are
conducted; to determine whether services are to be provided by employees covered by this
Agreement or by other employees or persons not covered by this Agreement; to make, alter and
enforce reasonable rules, regulations, orders and policies; to evaluate employees; to discipline,
suspend and discharge employees for just cause; to change or eliminate existing methods,
equipment or facilities; and to carry out the mission of the Village; provided, however, that the
exercise of any of the above rights shall not conflict with any of the express written provisions
of this Agreement.
ARTICLE VII
DISCIPLINE AND DISCHARGE
Section 7.1. Employee Rights. Employees shall have all rights as set forth in Chapter
24, Ill. Rev. Stat., Section 10-2, 1-17, to have their discipline cases reviewed by the Board of
Fire and Police Commissioners. Employees shall have the alternative right to file grievances
concerning discipline cases. The grievance procedure in Article IX and the hearing process by
the Board of Fire and Police Commissioners are mutually exclusive and no relief shall be
available under the grievance procedure for any action heard before the Board of Fire and Police
Commissioners. Furthermore, the filing of a grievance involving employee discipline shall act
as a specific waiver by the Union and the employee involved of the right to challenge the same
matter before the Board of Fire and Police Commissioners and a form containing such a specific
waiver shall be executed by the Union and the involved employee before a grievance may be
filed under the grievance procedure. Employees initially seeking review by the Board of Fire
and Police Commissioners may not subsequently elect to file a grievance under the grievance
procedure. The election by an employee for review by the Board of Fire and Police
Commissioners shall act as a waiver by the Union and the employee to proceed under the
grievance procedure.
Discipline charges shall be filed with the Board of Fire and Police Commissioners and
copies shall be sent to the Union.
Section 7.2. Employer's Authority. The authority of the Fire Chief shall be governed
by Chapter 24, 111. Rev. Stat., regardless of which forum the employee may select in which to
contest the disciplinary action.
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ARTICLE VIII
DRUG AND ALCOHOL TESTING
The Village may require applicants to submit to a urinalysis test and/or other appropriate
test as part of a pre-employment medical examination and may also require employees to submit
to urinalysis test and/or other appropriate test as part of the biennial medical examination or if
the Village determines there is reasonable suspicion that the employee has been using alcohol
and/or drugs as defined in paragraph (c) hereof. If an employee is directed to take such a test
based on reasonable suspicion, the Village shall provide the employee, upon request, with a
written statement of the basis for the Village's reasonable suspicion within 48 hours of the
request. There shall be no random testing. The "other appropriate test" shall not include
breathalyzer tests conducted by the Village's Police Department.
(a) The Village shall use only licensed clinical laboratories for such testing and shall
be responsible for maintaining a proper chain of custody. The taking of urine samples shall not
be witnessed unless there is reasonable suspicion to believe that the employee is tampering with
the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/NIS
or a scientifically accurate equivalent) shall be conducted. An initial positive test result shall not
be submitted to the Village unless the confirmatory test result is also positive as to the same
sample. If the Village, contrary to the foregoing, receives the results of a positive first test
which is not confirmed as provided above, such information shall not be used in any manner
adverse to the employee. Upon request, the Village shall provide an employee with a copy of
any test results which the Village receives with respect to such employee.
(b) A portion of the tested sample shall be retained by the laboratory so that the
employee may arrange for another confirmatory test (GC/MS or a scientifically accurate
equivalent) to be conducted by a licensed clinical laboratory of the employee's choosing and at
the employee's expense. Once the portion of the tested sample is delivered to the clinical
laboratory selected by the employee, the employee shall be responsible for maintaining the
proper chain of custody for said portion of the tested sample.
(c) Use of proscribed drugs at any time while employed by the Village, abuse of
prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol
while on duty, shall be cause for discipline, including termination. All issues relating to the
drug and alcohol testing process (e.g., whether there is reasonable suspicion for ordering an
employee to undertake a test, whether a proper chain of custody has been maintained, etc.) may
be grieved in accordance with the grievance and arbitration procedure set forth in this
Agreement.
(d) Voluntary requests for assistance with drug and/or alcohol problems (i.e., where
no test has been given pursuant to the foregoing provisions) shall be held strictly confidential
by the Village and no one in the Fire Department shall be informed of any such request or any
10 -
treatment that may be given unless the employee consents to the release of any such information,
except that the Fire Chief and\or Deputy Fire Chief may be informed of the request for
assistance when necessary to accommodate scheduling needs or when deemed necessary by the
professional providing the assistance.
(e) Unless there are circumstances warranting discipline in the first instance of testing
positive for alcohol, such employee shall be referred to professional assistance without
discipline.
(f) Any evidence concerning test results which is obtained in violation of the
standards contained in this Article shall not be admissible in any disciplinary proceedings
involving the employee.
ARTICLE IX
GRIEVANCE PROCEDURE
Section 9.1. Definition of a Grievance. A "grievance" is defined as a complaint arising
under and during the term of this Agreement raised by an employee or the Union against the
Village alleging that there has been a violation, misinterpretation or misapplication of an express
written provision of this Agreement.
Section 9.2. Procedure. In order to officially file a grievance under this Article, the
grievance must be reduced to writing and submitted in a timely fashion on a mutually agreeable
grievance form. The grievance shall contain a complete statement of the facts, the provision or
provisions of this Agreement which are alleged to have been violated, and the'specific relief
requested.
Grievances submitted on which only partial information is supplied will be returned to
the grievant(s) immediately for completion. It will not be considered as accepted until all
information required on the form is provided.
It is to the benefit of both parties that issues falling under the jurisdiction of this
provision be raised and settled in a timely fashion. Consequently, the steps and time limits as
stated in this section shall be followed.
Step 1. An employee, with or without the Union representative, who has cause to
believe that the Village or its agent(s) has violated a specific expressed
written provision of the Agreement, may present in writing the issue to his
immediate supervisor or a properly appointed designee. (A Firefighter's
immediate supervisor is his Lieutenant. A Lieutenant's immediate
supervisor is the Shift Captain.)
The issue must be raised within ten (10) calendar days after the
occurrence of the event first giving rise to the grievance or within ten (10)
calendar days of when the grievant should have, through the use of
reasonable diligence, become aware of the first event giving rise to the
grievance.
The supervisor (or designee) shall be considered as having accepted the
grievance when he signs the form in the manner indicated on the
grievance form.
Acceptance of the grievance allegation does not waive the Village's right
to respond that the grievance was submitted in an untimely or incomplete
fashion.
12 -
The issue may or may not require discussion for clarification purposes.
If the supervisor determines that it is necessary to meet to discuss the
matter, such meeting shall be held at a time convenient to all parties
involved, but no later than seven (7) calendar days following the official
date of submission.
Following discussion of the issue the supervisor has a period of no longer
than seven (7) calendar days to submit his written response to the
grievant(s).
If no meeting is held on the allegation, the supervisor shall have no longer
than seven (7) calendar days to respond.
Failure of the Village to respond in a timely fashion shall constitute a
denial of the request of the grievance.
Step 2. If the issue is not resolved in the first step of this procedure, the employee
will be entitled to take the allegation of violation to this next step. The
issue shall be submitted in the written form as was submitted in the first
step. The second step grievance shall, to the extent possible, specifically
state the basis upon which the grievant believes the grievance was
improperly denied at the previous step in the grievance procedure.
The second step allegation shall be submitted to the next level supervisor
or his designee within five (5) calendar days of receipt of the prior step
response or within five (5) calendar days of when the response was due.
In the case of a Firefighter's grievance, the next level supervisor is the
Shift Captain. In the case of a Lieutenant's grievance, the next level
supervisor is the appropriate Deputy Chief.
The grievance shall be considered as being accepted at this step upon
signature by the next level supervisor. The same time limits and
conditions apply at this step as applied at the previous step.
Step 3. All conditions, time limits and constraints as were applied at previous
steps apply to this step. The management representatives at this step shall
be the Chief or his designee and the Village's Personnel Officer in the
case of either a Firefighter's or Lieutenant's grievance.
Step 4. All conditions, time limits, and constraints as were applied at previous
steps apply to this step. The management representative at this step shall
be the Village Manager or his designee.
13 -
Section 9.3. Arbitration. If the grievance is not resolved following completion of Step
4, the Union may advance the case to arbitration. A request for arbitration must be filed with
the Village Manager's office within ten (10) calendar days following receipt of the Manager's
response or within ten (10) calendar days of when the Manager's response was due.
(a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar
days after receipt of the notice of referral. In the event the 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 to submit a panel of seven
(7) arbitrators who are all members of the National Academy of Arbitrators.
Each party retains the right to reject one panel in its entirety and request that a
new panel be submitted. Both the Village and the Union shall have the right to
strike three (3) names from the panel. The party requesting afbitration shall
strike the first name. The other party shall strike a name, and so forth. The
person remaining shall be the arbitrator.
(b) The arbitrator shall be notified jointly by the parties of his/her selection and shalt
be requested to set a time and place for the hearing, subject to the availability of
Union and Village representatives.
(c) The Village and the Union shall have the right to request the arbitrator to require
the presence of witnesses or documents. The Village and the Union retain the
right to employ legal counsel.
(d) The arbitrator shall submit his/her decision in writing within thirty (30) calendar
days following the close of the hearing or the submission of briefs by the parties,
whichever is later.
(e) More than one grievance may be submitted to the same arbitrator only if both
parties mutually agree to do so in writing.
(f) The fees and expenses of the arbitrator shall be divided equally by the parties.
All other costs, including the cost for a court reporter and transcript if desired by
either party, shall be paid by the party which incurs such costs. If a court
reporter and transcript is ordered by one party, the other party may obtain a copy
of the transcript by agreeing to split the cost for the court reporter and transcripts.
Section 9.4. Limitations on the Authoritv of the 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 a violation or a misinterpretation
of a specific provision(s) of the Agreement, as well as determining the appropriate remedy, if
applicable. The arbitrator shall have no authority to render a decision on any issue not raised
14 -
during the processing of the grievance at the steps prior to arbitration. The arbitrator shall be
without power to make any decision or award which is contrary or inconsistent with, in any
way, this Agreement or applicable laws (subject to the provisions of Section 15 of the IPLRA).
The decision of the arbitrator rendered in accordance with this Section shall be final and binding
on the Union, the employees covered by this Agreement and the Village Board.
Section 9.5. Paid Time. Whenever practicable, the employer will schedule grievance
meetings during the work shift of the grievant(s). The grievant and, if requested by the
grievant, one Union representative who works on the same shift shall be permitted to attend the
meeting without loss of pay. Under no circumstances shall the Village be obligated to pay any
employee overtime pay for attendance at grievance meetings.
Section 9.6. Time Limit for Filing. No grievance shall be entertained or processed
unless it is submitted at Step I within ten (10) calendar days after the occurrence of the event
first giving rise to the grievance or within ten (10) calendar days of when the grievant should
have, through the use of reasonable diligence, become aware of the first event giving rise to the
grievance.
If a grievance is not presented by the employee or the Union within the time limits set
forth above, it shall be considered "waived" and may not be pursued further by the employee
or the Union; provided, however, that such a waiver shall not serve to waive an employee's
right to file a future grievance within the time limits specified herein involving similar facts and
circumstances. If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Village's last
answer. If the Village does not hold a meeting or answer a grievance or an appeal thereof
within the specified time limits, the aggrieved employee and/or the Union may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step. The
parties may by mutual agreement in writing extend any of the time limits set forth in this Article
or waive any step of the grievance procedure. Any time limit for either party shall begin with
the date the receiving representative or designated replacement signs for receipt of the grievance.
Section 9.7. Responses to Grievances by Supervisory Employees who are Union
Members. Any response to a grievance of a Firefighter by a Lieutenant which is found to be
without merit and/or contrary to the provisions of the current agreement shall be void and
subject to response by the next level supervisor.
Section 9.8. Employee Right to Self-Representation. Nothing in this Agreement prevents
an employee or group of employees from presenting a grievance to the Employer and having the
grievance heard and settled without the intervention of the Union representative provided that
a Union representative is given an opportunity to be present at any grievance meeting and that
any settlement reached is not inconsistent with the terms of this Agreement.
15 -
Section 9.9. Grievances Filed by the Union. Any grievance tiled by the Union for more
than one employee shall bypass Steps 1 and 2 and proceed directly to Step 3. All conditions,
time limits, and constraints as were applied at previous steps shall apply.
16 -
ARTICLE X
NO STRIKE/NO LOCKOUT
Section 10. 1. No Strike. Neither the Union nor any officers, agents or employees
covered by this Agreement will instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, slowdown, sitdown, concerted stoppage of work, concerted refusal to perform
mandatory overtime, mass resignations or mass absenteeism, regardless of the reason for so
doing.
Section 10.2. Obligations of Union. In the event of a violation of Section 10.1 of this
Article, the Union agrees to inform its members of their obligations under this Agreement and
to direct them to return to work. Provided the Union complies with this Section 10.2 hereof,
the Village agrees that the Union shall not be liable for any actions in violation of this Article
by individual employees or any liability that might arise therefrom.
Section 10.3. No Lockout. The Village will not lock out any employees as a result of
a labor dispute with the Union.
Section 10.4. Judicial Restraint. Nothing contained herein shall preclude the Village or
the Union from obtaining judicial restraint and damages in the event the other party violates this
Article. There shall be no obligation to exhaust the grievance procedure before instituting court
action seeking such judicial restraint and/or damages.
17 -
ARTICLE XI
LABOR MANAGEMENT MEETINGS
Section 11.1. Meeting Request. The Union and the Village may meet in the interest of
promoting harmonious employee relations.
Such meetings shall be requested at least seven (7) calendar 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 only to agenda items.
The seven (7) day notice period may be waived by written agreement of-both parties.
Section 11.2. 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 and subcontracting issues may be raised at such meetings.
Section 11.3. Attendance. With supervisory permission, which shall not be
unreasonably withheld, employees shall be permitted reasonable time off from duty during their
respective working hours to attend "labor-management meetings" with Village officials in
conjunction with this Article. Employees who attend such meetings while off duty will receive
no compensation for their attendance.
Section 11.4. Representation. The Village shall be represented by the Human Resources
Officer and the Fire Chief or his designee(s). The Union shall be represented by two (2)
persons designated by the union President.
- Is -
ARTICLE XII
SENIORITY
Section 12.1. Definition. For the purpose of this Agreement, seniority shall be defined
as an employee's length of continuous full time service with the Village as a sworn and
commissioned firefighter since his last date of hire. Seniority shall accumulate during all
authorized paid leaves of absence. Seniority shall not accumulate from the first day of an
authorized unpaid leave of absence or layoff of thirty (30) calendar days or more.
If more than one person is hired on the same day, seniority preference will be established
by final eligibility as posted on the official eligibility list by the Elk Grove Fire and Police
Commission.
Section 12.2. Probationary Period. The performance probationary period is defined as
twelve (12) months of actual work beginning with the employee's last date of hire, or the
successful completion of Firefighter II State Certification, Hazardous Materials First Responder
Operations, and EMT-B Certification, whichever occurs later. Every reasonable attempt will
be made by the Fire Department to schedule classes necessary for such certifications within
twelve (12) months of an employee's date of hire. Time absent from duty that is not credited
for seniority purposes shall not apply toward satisfaction of the probationary period. During an
employee's probationary period, the employee may be suspended, laid off or terminated without
cause at the sole discretion of the Village. Such probationary employee shall have no recourse
to the grievance procedure or to the Board of Fire and Police Commissioners to contest such a
suspension, layoff or termination.
There shall be no seniority among probationary employees, except for purposes of
bidding for scheduled time off where this Agreement establishes that bidding is to be done by
seniority. Upon successful completion of the probationary period, an employee shall acquire
seniority which shall be retroactive to his last date of hire with the Village in a position covered
by this Agreement.
Section 12.3. Seniority List. On or about October 1 of each year, the Village will
provide the Union with a seniority list of all employees in the bargaining unit 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)
days after the Union's receipt of the list.
Section 12.4. Layoff. The Village, in its discretion, shall determine whether layoffs are
necessary. If it is determined that layoffs are necessary, employees covered by this Agreement
will be laid off in accordance with their length of service as provided in Illinois Statutes (Chapter
24, Section 10-2.1-18, as it existed on January 1, 1990), as well as paramedic certification.
Except where the Village determines in its discretion that the..: are excess paramedics,
19 -
qualification to perforin paramedic duties as a certified
determining the order
of layoff, unless the Paramedic will
Sectio more senior employee is also a control
0r seniority in
~`z 5 -ems• Employees
Period of twenty_four (24 P Yees who Paramedic.
shall be recalled in ) months. If are laid Off shall be
the inverse there l a cecall, employeesPlaced on a recall
the work to which the order of their !a who list for a
examination Y are recalled layoff provided the are Still on the recall list
nation to determine without further Y are full
Notwithstanding foregoing fitness to perform training and y qualified to perform
recall g the m the subject to Passing
but is not currently
if a firefighter/paramedic work to whit a Physical
With the urre th Certified, or firefi h they are recalled,
understanding that the he shall nevertheless be ghter/EMT-
need, to direct him to reg Fire
Chief has the right, if the pirtated to • Bis eligible for
barn his a firefighter position
paramedic or $MT_B certificatio Chief determine
1 mPloyees w n, whichever s there is a
recall ho are eligible for recall shall is applicable.
(with the first of the t
Postmarked). hirty {30) da be given thirty (30) tale
requested) The notice of recall shall days being the date the radar days' notice of
with a coPY to the Union present t to the em notice p ee is
designee of his intention to employee by certified to the em loy
of recall. return to w he employee must notif mail, return receipt
The Village sh 1 work within seven 7 Y the Fire Chief
notice by certified a ! be deemed to have O calendar da or his
employee, it mail, return recei t fulfilled its Ys after receiving
being [he o P requested obligations b notice
Or his designObligation and res to the mailing address last ailing the recall
notice, ee with his latest responsibility of the
co his name shall be mailing address. employee to Provided 6y the
nflC[pation Cemoved 1f an employee fails Provide the Fire
that the e from the recall [o timely res Chief
of mailing MPl°yee has received the list. If the Pond to a recall
a properly addressed recap Village has not
the recall list. notice of recall notice within fo received
, the em to urs 11 ('14} calendar days
employee's name shall be removed from
Section Te
relationship shall rin'nation of Seni
be terminated orifi' Seniority
Commissioners, if the employe' subject to a for alt purposes a
e. appropriate review b and the employ,,,,,
(a) quits; Y the Board of Fire and police l
(b} is discharged and not reinstated;
(c) retires or is retired, subject to statutory
Pension; reinstatement rights from(d) fails to m a disability
report to work at the conclusion of an authorized
or vacation, except for good cause shown Of the employee; leave ey absence
wn due to circumstances be ° layoff
Y rid the control
20 -
(e) is laid off and fails to respond to a notice of recall within seven (7) calendar days
after receiving notice of recall or fails to report for work at the time prescribed
in the notice of recall, or does not otherwise timely respond to a notice of recall
as provided in Section 5 of this Article;
(f) is laid off or otherwise does not perform bargaining unit work for the Village for
a period in excess of twenty-four (24) months, subject to statutory reinstatement
rights from a disability pension or military leave: or
(g) is absent for two (2) consecutive scheduled work days without notice to the
Village, except for good cause shown due to circumstances beyond the control of
the employee.
- 21 -
ARTICLE XIII
HOURS OF WORK AND OVERTIME
Section 13.1. Application of Article. This Article is intended only as a basis for
calculating overtime payments, and nothing in this Agreement shall be construed as a guarantee
of hours of work per shift, per week, per work period, or any other period of time.
Section 13.2. Normal Work Period and Workday.
(a) 24-Hour Employees. The normal workday in a normal workweek shall be 24
consecutive hours of work (1 shift) followed by 48 consecutive hours off (2 shifts). The normal
workday for 24 hour employees shall begin and end at 8:00 a.m.
(b) 8-Hour Employees. The normal workday and workweek shall be five consecutive
days of 8 consecutive hours each, excluding any unpaid lunch period that may be scheduled.
Section 13.3. Hourly Rate. An employee's regular rate of pay shall be based upon a
54.16 hour work week for 24-hour shift personnel and a 40-hour week for 8-hour personnel and
shall be determined by dividing the employee's annual salary by 2816 for 24-hour shift personnel
and by 2080 for 8-hour shift personnel.
Section 13.4. Overtime Pay. Employees assigned to 24-hour shifts shall receive an
additional one-half the employee's regular straight-time equivalent hourly rate of pay for all
regularly scheduled hours worked in excess of 212 hours in the employee's normal 28-day work
period (or such other hours' ceiling that may be applicable under the Fair Labor Standards Act
(FLSA) should the Village designate a different work period in accordance with the FLSA).
Employees assigned to 8-hour shifts shall be paid an additional one-half (1/2) time their regular
hourly rate of pay for all regularly scheduled hours worked in excess of forty (40) in a seven
(7) day work period.
Hours worked outside of the employee's established work schedule (due to hire or call-
back or for hold over work at the end of a shift) will be paid at the employee's regular straight-
time hourly rate for all hours of work under 212 in the employee's 28-day work period (under
41 for 8-hour shift employees), and at one and one-half (1-1/2) times the employee's regular
straight-time hourly rate for all hours actually worked in excess of 212 in the employee's 28-day
work period (in excess of 40 for 8-hour shift employees). All overtime pay shall be received
in fifteen (15) minute segments in accordance with the FLSA.
Solely for the purpose of calculating eligibility for overtime pursuant to the provisions
of this Section, paid time off for vacations and holidays shall be counted as hours worked; any
other type of compensated leave such as sick leave shall not be counted as hours worked.
- 22 -
Section 13.5. Applicability of Overtime Pav Provisions to Lieutenants. Except as
specifically provided for in this Section, the overtime pay provisions of Section 13.4 above apply
only to employees in the rank of Firefighter. Lieutenants are ineligible for overtime
compensation, except when they are called back to duty outside of their scheduled hours of work
to respond to an emergency or to satisfy minimum manpower requirements as established by the
Fire Department.
Section 13.6. Hirebacks. Effective the first pay period following ratification of this
Agreement by both parties, where there is a need for a hireback, employees will be hired back
from an integrated seniority list of all employees by shift (i.e., lieutenants will be interspersed
as evenly as possible among firefighters), subject to the following:
a) If there are less than four officers on duty, a lieutenant will be hired back to fill
the fourth officer position bypassing, if necessary, fire fighters on the list.
b) If there are six officers on duty, a firefighter will be hired back bypassing, if
necessary, lieutenants on the list.
C) Any such employee who is passed over will remain on the eligible list for the
next hireback opportunity.
An emplovee who is not available for a hireback because he is on a scheduled day off,
sick leave, fire department details (e.g., public education), or department sponsored school
details/training will receive a pass. A pass shall not be issued for ISD Activities (FPB and
PFPP). An employee may not stack more than two such passes.
If there are no volunteers or an insufficient number of volunteers, employees may be
ordered back on the basis of reverse seniority, i.e., starting the rotation with the least senior
employee.
An employee may be held over to continue work in progress at the end of an employee's
normally scheduled shift (e.g., an ambulance run), provided that such a holdover does not affect
that employee's position on the hireback list.
If any employee establishes that he has not received his appropriate share of hireback
opportunities in accordance with the procedure set forth herein, such employee shall have first
preference to future hireback opportunities he is properly qualified to perform until the mistake
has been corrected.
Absent emergency circumstances, employees shall not be scheduled to work more than
48 consecutive hours.
23 -
Section 13.7. Duty Trades. In accordance with the Fair Labor Standards Act, an
employee for his own convenience, may voluntarily have another bargaining unit employee in
the same rank or position (i.e., firefighter for firefighter, paramedic for paramedic, and
lieutenant or lieutenant/paramedic for lieutenant) substitute for him by performing all or part of
the employee's work shift, provided the substitution is requested at least five (5) duty days in
advance, does not interfere with the operation of the Fire Department (as determined by the Fire
Chief), and is subject to approval by the Fire Chief or his designees, provided that the Fire
Chief may, in his discretion, permit notice of less than five (5) duty days where there are
extenuating circumstances, and provided further, the Fire Chief shall not exercise his discretion
in an arbitrary or capricious manner. The hours worked by the substitute employee shall be
excluded by the Village in the calculation of hours for which the substitute employee would
otherwise be entitled to compensation, including overtime compensation. If a substitute
employee works all or part of another employee's scheduled work shift in accordance with this
Section, then the hours worked by the substitute employee shall be counted as hours worked by
the employee who was originally scheduled to work that shift.
Section 13.8. Call-Back Pay. Employees called back to work outside their normal hours
of work, i.e., hours not continuous to their normal shift or on two days not regularly scheduled)
shall be paid their applicable rate of pay for all hours worked outside their normal shift, with
a minimum of two (2) hours' pay.
Section 13.9. No Pyramiding. The overtime and premium pay provisions of this
Agreement shall not be pyramided. Accordingly, compensation shall not be paid more than once
for the same hours under any provision of this Article or Agreement.
24 -
ARTICLE XIV
WAGES
Section 14.1. Firefighters Salaries.
Effective May 1, 1996, all steps of the salary schedule shall be increased across-the-board
by three and one-half percent (3.5%). Accordingly, effective May 1, 1996, employees covered
by this Agreement shall be paid on the basis of the following annual salaries:
Sten Description* Annual Salary
1 Starting $32,323
2 After completion of 1 year 35,267
3 After completion of 2 years 38,216
4 After completion of 3 years 41,161
5 After completion of 4 years 44,110
6 After completion of 5 years 47,054
* Years of service as referred to in this description column refers to length of
service which counts toward completion of the probationary period and which
is credited for seniority purposes as defined in Sections 12.1 and 12.2 of this
Agreement.
Effective May 1, 1997, all steps of the salary schedule shall be increased across-the-board
by three percent (3%). Accordingly, effective May 1, 1997, employees covered by this
Agreement shall be paid on the basis of the following annual salaries:
Step Description Annual Salary
1 Starting $33,293
2 After completion of 1 year 36,325
3 After completion of 2 years 39,362
4 After completion of 3 years 42,396
5 After completion of 4 years 45,433
6 After completion of 5 years 48,466
Effective May 1, 1998, all steps of the salary schedule shall be increased across-the-board
by three percent (3%). Accordingly, effective May 1, 1998, employees covered by this
Agreement shall be paid on the basis of the following annual salaries:
25 -
Sten Description Annual Salary
1 Starting $34,292
2 After completion of 1 year 37,415
3 After completion of 2 years 40,543
4 After completion of 3 years 43,668
5 After completion of 4 years 46,796
6 After completion of 5 years 49,920
Section 14.2. Fire Lieutenants Salaries and Merit Adjustments.
1996-97. Effective May 1, 1996, the pay range maximum for fire lieutenants shall be
increased by four and one-half percent (4.5%) to $55,249. No lieutenant can receive an annual
wage below the minimum of the range nor above the maximum of the range. All lieutenants
shall be paid a salary that is at least 5% higher than the top step salary of firefighters.
The merit adjustments shall be between 0 percent and 5.0 percent. Employees whose
annual average evaluation from their immediate supervisor on a numeric standard falls "below
standards" shall receive a merit adjustment of between 0 percent and 3.25 percent. Employees
whose annual average evaluation from their immediate supervisor on a numeric standard "meets
standards" shall receive a merit adjustment of 3.5 percent. Employees whose annual average
annual evaluation from their immediate supervisor "exceeds standards" shall receive a merit
adjustment of 4 percent. Employees may also be given an additional merit adjustment of up to
1 percent on the basis of an evaluation by the fire chief.
1997-98. Effective May 1, 1997, the pay range maximum for fire lieutenants shall be
increased by 3 percent (3%) to $56,907. No lieutenant can receive an annual wage below the
minimum of the range nor above the maximum of the range. All lieutenants shall be paid a
salary that is at least 5% higher than the top step salary of firefighters.
The merit adjustments shall be between 0 percent and 4.5 percent. Employees whose
annual average evaluation from their immediate supervisor on a numeric standard falls "below
standards" shall receive a merit adjustment of between 0 percent and 2.75 percent. Employees
whose annual average evaluation from their immediate supervisor on a numeric standard "meets
standards" shall receive a merit adjustment of 3 percent. Employees whose annual average
annual evaluation from their immediate supervisor "exceeds standards" shall receive a merit
adjustment of 3.5 percent. Employees may also be given an additional merit adjustment of up
to 1 percent on the basis of an evaluation by the fire chief.
1998-99. Effective May 1, 1998, the pay range maximum for fire lieutenants shall be
increased by 3 percent (3%) to $58,614. No lieutenant can receive an annual wage below the
minimum of the range nor above the maximum of the range. All lieutenants shall be paid a
salary that is at least 5% higher than the top step salary of firefighters.
26 -
The merit adjustments shall be between 0 percent and 4.5 percent. Employees whose
annual average evaluation from their immediate supervisor on a numeric standard falls "below
standards" shall receive a merit adjustment of between 0 percent and 2.75 percent. Employees
whose annual average evaluation from their immediate supervisor on a numeric standard "meets
standards" shall receive a merit adjustment of 3 percent. Employees whose annual average
annual evaluation from their immediate supervisor "exceeds standards" shall receive a merit
adjustment of 3.5 percent. Employees may also be given an additional merit adjustment of up
to 1 percent on the basis of an evaluation by the fire chief.
Section 14.3. Grievances Over Denial of Merit Pay. If a lieutenant alleges that the
Village has arbitrarily and capriciously denied him a merit adjustment, lie may file a grievance
in accordance with the grievance and arbitration procedure set forth in Article IX of this
Agreement.
Section 14.4. Paramedic Pay. Effective May 1, 1996, employees who are certified as
paramedics and who are assigned to perform paramedic duties for the Fire Department shall
receive a paramedic pay stipend of $2,600 per year.
Effective May I, 1997, employees who are certified as paramedics and who are assigned
to perform paramedic duties for the Fire Department shall receive a paramedic pay stipend of
$2,700 per year.
Effective May 1, 1998, employees who are certified as paramedics and who are assigned
to perform paramedic duties for the Fire Department shall receive a paramedic pay stipend of
$2,800 per year.
An employee who is certified and assigned to paramedic duties for only part of the year
shall receive a prorated paramedic stipend.
The paramedic stipend shall be included in an employee's base salary for purposes of
computing overtime pay.
Section 14.5. Longevity Pay.
(a) Firefighter L.onRevity. Effective May 1, 1996, firefighters who have completed
the appropriate length of service as stated below shall receive longevity payments as follows:
Firefighters with ten to fifteen years of service shall receive an additional $150.00
amount per year;
Firefighters with fifteen to twenty years of service shall receive an additional
$250.00 amount per year;
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Firefighters with over twenty years of service shall receive an additional $350.00
amount per year.
Effective May 1, 1998, firefighters who have completed the appropriate length of service
as stated below shall receive longevity payments as follows:
Firefighters with ten to fifteen years of service shall receive an additional $200.00
amount per year;
Firefighters with fifteen to twenty years of service shall receive an additional
$300.00 amount per year;
Firefighters with over twenty years of service shall receive an additional $400.00
amount per year.
(b) Fire Lieutenant Longevity. Fire Lieutenants who have completed the appropriate
length of service as stated below shall receive longevity payments as follows:
Employees with ten to fifteen years of service shall receive an additional $400.00
amount per year;
Employees with fifteen to twenty years of service shall receive an additional
$500.00 amount per year;
Employees with over twenty years of service shall receive an additional $650.00
amount per year.
Section 14.6. Retroactivitv. The increases in salaries for both firefighters and
lieutenants and the increases in the paramedic stipend shall be retroactive to the effective dates
specified herein for employees still on the active payroll on the effective date of this Agreement,
provided that any employee who retired after May 1, 1996 but before the effective date of this
Agreement shall also be eligible to receive retroactive pay based on the hours worked between
May 1, 1996 and the date of retirement. Payment shall be made on an hour for hour basis for
all regular hours actually worked since May 1, 1996, as well as all hours of paid leave and
vacation, holiday pay or overtime hours between May t, 1996, and the effective date of this
Agreement. In calculating overtime, paid time off for vacations and holidays shall be counted
as hours worked solely for the purpose of determining eligibility for overtime pay.
Section 14.7. Pay Rate for Firefighters Assigned Inspectional Services Division Work.
Provided employees have signed a Section 7(g) agreement prepared by the Village in accordance
with the provisions of this Section, if the Village, in its discretion, hires back employees to work
in the Inspectional Services Division outside their regularly scheduled hours of work, such work
shall be compensated at $16.00 per hour.
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ARTICLE XV
INSURANCE
Section 15.1. Coverage. The comprehensive medical program in effect when this
agreement is ratified shall be continued during the term of this agreement; provided, however,
the Village reserves the right to change insurance carriers, HMO's, and benefit levels as long
as the coverage and benefits remain substantially similar. The deductibles and co-insurance
features shall not be changed absent mutual agreement of the parties.
The Village reserves the right to self-insure or utilize group insurance carriers as it deems
appropriate. The Village will notify the Union of any changes in insurance, and upon request,
will discuss these changes prior to implementation and such changes shall be subject to Section
15.5 below.
Section 15.2. Cost of Medical and Dental Insurance. Effective May 1, 1996, the Village
will contribute 85 per cent of the designated premium costs of participation in the Village plan
(including dental plan) for single, single plus one dependent, and family coverage for 85 percent
of the cost participation in one of the HMO'S for single, single plus one dependent, and family
coverage and the employee shall contribute 15 percent of the costs of the program and coverage
selected.
Employees covered by the health plan, for all services not included in the PPO, shall
have a deductible of $300.00 per year for single coverage and a maximum family deductible of
$900 per year. The co-insurance payments under the health plan shall be paid by the employer
at the rate of 80 percent for the first $5,000.00. The maximum out-of-pocket expense for each
eligible participant shall be $1,300.00 (maximum of three or $3,900 regardless of family size.
Section 15.3. Term Life Insurance. The Village will continue to provide life insurance
coverage for each Firefighter and Fire Lieutenant in amount equal to each Firefighter or Fire
Lieutenant's annual base salary. Dependent life insurance in the amount of $5,000.00 for the
current spouse and S3.000.00 for each dependent child will also be provided. The Village will
contribute 100% of the total cost for this Basic Life Insurance Benefit.
A voluntary Supplemental Life Insurance program will continue to be made available at
rates regulated by the insurance carrier. Firefighters and Fire Lieutenants who wish to
participate in this program will contribute 100% of the total cost once their participation is
approved by the insurance carrier.
Section 15.4. Employee Assistance Program. The employees covered by this Agreement
shall be eligible to participate in the portions of an EAP that are in effect for Village employees
on the same terms and conditions that are applicable to Village employees generally.
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Section 15.5. Cost Containment. The Village reserves the right to institute any cost
containment measures relative to insurance coverage, provided that group health, medical and
hospitalization insurance and dental benefits will be substantially similar to those provided prior
to the signing of this Agreement. Such changes may include, but are not limited to, mandatory
second opinions for elective surgery, pre-admission and continuing admission review, preferred
provider options, prohibition on week-end admissions except in emergency situations, and
mandatory outpatient elective surgery for certain designated surgical procedures.
Should the Village elect to change providers or to add different types of plans for the
purpose of cost effectiveness, it shall be the sole right of the Village to do so, provided notice
is given to the Union and such changes are not made for arbitrary or discriminatory reasons, nor
shall any change, modification or authorization result in the unreasonable unavailability of health
care services for employees covered by this Agreement. Any such changes will not affect an
employee who is hospitalized or undergoing a course of treatment that has previously been
approved.
Section 15.6. Section 125 Flex Program. The Village will continue to offer Firefighters
and Fire Lieutenants the opportunity to participate in the Village Section 125 Flex program on
the same terms and conditions applicable to other Village employees generally. The Village will
continue to offer this program only so long as the program continues to be authorized by the
Internal Revenue Service.
Section 15.7. Insurance Coveraee of Retirees.
(a) Generally. During the term of this Agreement, participation in health, dental, and
life insurance programs for retirees and their eligible dependents will continue in accordance
with the practice in effect as of December 1, 1993. Retirees shall be required to pay 100% of
the monthly premiums as may be established from time to time for health, dental, and life
insurance benefits.
(b) Insurance Coverage While on Disability Pension. Any employee who is receiving
a disability pension as a result of an on-the-job injury shall continue to receive the same health
insurance coverage for himself/herself and his/her dependents at no cost to said retiree for the
first one (1) year; thereafter, the retiree shall be required to pay 100% of the monthly premiums
as may be established from time to time.
Any employee who is receiving a disability pension as a result of an off-the-job injury
shall have the right to maintain health insurance coverage for himself/herself and his/her
dependents through participation in the Village's health plans by paying 100% of the monthly
premiums as may be established from time to time.
(c) Insurance Coverage at Time of Normal Retirement. If an employee retires and
cc.nverts a disability pension to a normal retirement pension, the employee shall be eligible to
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maintain participation in the health insurance for himself/herself and his/her eligible dependents
by paying 100% of the monthly premiums as may be established from time to time.
Section 15.8. Terms of Insurance Policies to Govern. The extent of coverage under the
insurance policies (including HMO and self-insured plans) referred to in this Agreement shall
be governed by the terms and conditions set forth in said policies. No insurance policy
(including HMO and self-insured plans) referred to in this Agreement shall be considered a part
of this Agreement and any questions or disputes concerning said insurance policies or benefits
thereunder shall be resolved in accordance with the terms and conditions set forth in said
policies. The Village will designate representatives who will be available for consultation with
claimants, and such representatives will assist claimants in processing claims which the Village
agrees are well founded under the applicable policy or plan.
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ARTICLE XVI
VACATIONS
Section 16.1. Amount of Vacation. Firefighters shall be eligible for annual paid
vacation based upon their years of continuous service. The firefighter's anniversary date shall
be the basis of determining the number of completed years of service as follows:
Completed Years of Service Annual Vacation
After 1 yr. thru 4 yrs. 5-24 hour shifts
After 5 yrs. thru 9 yrs 8-24 hour shifts
After 10 yrs. thru 14 yrs. 9-24 hour shifts
After 15 yrs. thru 19 yrs. 10-24 hour shifts
After 20 yrs. thru 24 12-24 hour shifts
After 25 yrs. 13-24 hour shifts
Fire lieutenants shall be eligible for annual paid vacation based upon their years of
continuous service. The fire lieutenant's anniversary date shall be the basis of determining the
number of completed years of service as follows:
Completed Years of Service Annual Vacation
After 1 yr. thru 4 yrs. 6-24 hour shifts
After 5 yrs. thru 9 yrs. 9-24 hour shifts
After 10 yrs. thin 14 yrs. 10-24 hour shifts
After 15 yrs. thru 19 yrs. 11-24 hour shifts
After 20 yrs. thru 24 13-24 hour shifts
After 25 yrs. 14-24 hour shifts
Vacations are to be scheduled and taken during the calendar year based on the number of days
of vacation the employee is eligible to earn for the anniversary year that ends during that
calendar year. If an employee terminates prior to his anniversary date and has taken more
vacation time off than earned during that year, the employee shall reimburse the Village for the
amount of vacation pay received which was not earned.
Section 16.2. Vacation Pay. Vacation pay shall be paid at the rate of the employee's
straight-time hourly rate in effect for the employee's job classification on the payday
immediately preceding the employee's vacation.
Section 16.3. Vacation Scheduling. Employees shall be granted vacation time by the
Village in accordance with the employee's desires to the extent provided in this Article. On or
about November 1, the Fire Chief or his designee shall post a notice for each shift to schedule
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vacation from January 1 through December 31 of the next calendar year. The employees on
each shift shall then select their vacation preferences in the order of their seniority, with the
most senior employee having first choice, the next most senior employee having the second
choice, and so on; provided, however, only two lieutenants may be scheduled off on vacation
on any duty day. Any shift changes for the following calendar year shall, to the extent
practicable, be made prior to November 1.
Employees may schedule only consecutive days off in their initial and subsequent picks
of vacation days. Vacation days must be scheduled in increments of at least one duty day at a
time. All vacation picks, as well as floating holiday and holiday time off picks shall be
completed by December 15.
After vacations have been scheduled in accordance with the foregoing, employees in the
same classification may trade or reschedule previously scheduled vacation days with the prior
approval of the Fire Chief or his designee. Ordinarily, requests to trade or reschedule a vacation
day will be granted if it will not result in more than five (5) employees being scheduled off on
vacations, floating holidays or holiday time off and the rescheduling will not require a hireback.
A sixth slot for vacation and other paid time off will made available if necessary to avoid
the loss of earned vacation and other paid time off.
Section 16.4. Limitation on Accumulation of Vacation. Except as provided below,
earned vacation may not accumulate from year to year and any vacation days not so taken shall
not create any obligation on the part of the Village. As a result, all vacation days must be taken
by the end of the calendar year in which they are supposed to be scheduled or they will be lost
unless one of the following two exceptions is applicable:
1. An employee who is prevented from taking all his earned vacation prior to the
end of the calendar year because he/she is off on extended sick leave or disability
leave may carry over any such days to the next calendar year.
2. An employee's request to carry over earned vacation days to the next calendar
year is specifically approved by the Village Manager.
Section 16.5. Pay for Earned but Unused Vacation Upon Termination. If at the time
of termination an employee has earned but not used vacation time, calculated through his last
full payroll period, said vacation time shall be paid at the employee's rate of pay at time of
termination. In the event of death, any vacation earned but unused shall be paid to the
designated beneficiary of the deceased employee. Employees with less than 12 months of
continuous service at termination shall not receive any vacation pay. Except as provided in this
section, there shall be no salary payment made in lieu of vacation.
ARTICLE XVII
LEAVES OF ABSENCE
Section 17.1. Sick Leave.
The Village shall grant Sick Leave that is paid Leave of Absence due to Non-Service
injury/illness. The Sick Leave shall be accrued at the rate of one (1) normal workday, as
defined, for each month of service. The Sick Leave shall continue to accumulate up to a
maximum of sixty (60) days. For purposes of using sick leave days, a sick leave day for
employees assigned to 24-hour shifts shall be 24 hours. For purposes of using sick leave days,
sick leave day for employees assigned to eight hour shifts will be eight hours. Employees
become eligible for Sick Leave Pay immediately upon employment to the extent accrued.
Sick Leave will be granted to an employee who is unable to report to work due to non-
work related illness or injury that prevents him/her from effectively performing his/her job.
To be granted sick leave the employee must call in during the time twelve (12) hours
prior to the start of his assigned shift, no later that 07:30 hours. The employee is required to
report only that he is requesting sick leave and will be unable to report for duty.
Sick leave shall also 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.
An employee will not use his/her Sick Leave for a work related injury.
All outside employment activity that is inconsistent with the purpose of the sick leave
must be discontinued while on approved sick leave.
Section 17.2. Emergency Leave.
A. Employees are eligible for Emergency Leave benefits in the event of the death or
serious illness and/or injury in the immediate family. The part day, day, or days used for
Emergency Leave shall reduce the employee's sick leave accumulation by an equal amount.
B. For purposes of this section, immediate family shall include current spouse,
natural born or legally adopted child or grandchild; parent or grandparent, sister or brother,
brother-in-law, or sister-in-law, parent or grandparent of a current spouse, son-in-law or
daughter-in-law, (no matter where they live), and any other relative living in the employee's
household.
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C. An Emergency Leave benefit of twenty-four (24) hours may be granted by the
Department Head. This twenty-four (24) hour period may be extended by the Village Manager.
Requests to use Emergency Leave shall not be unreasonably denied.
D. Examples of legitimate reasons for use of the Emergency Leave Benefit are as
follows:
i. death or serious illness or injury to an employee's immediate family
member;
ii. when an employee is required to provide health care to an immediate
family member;
iii. when an employee is required to take an immediate family member to a
medical facility for care and/or treatment;
iv. the employee requires time away from the job to recover from emotional
stress caused directly from a death or serious illness or injury experienced
by an immediate family member;
V. where the employee experiences an emergency situation which seriously
endangers the life and/or well-being of an immediate family member
and/or his property.
Section 17.3. Maternity Leave. Absence from work for maternity reasons shall be
handled in the same manner as any other absence due to illness or injury which qualifies for the
sick leave benefit.
Section 17.4. Paternity Leave. An employee who is the father of a newly born infant
or adopted infant is eligible to receive up to three (3) days of Paternity Leave which shall reduce
the amount of an employee's accrued sick leave by an equal amount. Use will be permitted on
days the mother is in the hospital, the day the baby is born, the day when the wife and baby
come home, and the day after the baby comes home, provided that they are normal work days.
Section 17.5. Military Leave
A. Reserve Training Leave. Any full time probationary employee who, as a member
of a military reserve unit of the United States or the 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 benefits.
35 -
The employee will receive full pay during the leave computed at an amount equal to one
hundred (100) percent of an employee's current base pay, less any payments made by the reserve
unit.
B. Regular Inductee. Any employee who leaves active employment for the purpose
of entering the armed forces or Coast Guard, either by enlistment, draft, or recall, (including
activation of a reserve unit), will be granted a Military 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:
i. 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.
ii. 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.
iii. Employee presents certificate showing satisfactory completion of service.
iv. 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.
Section 17.6. Jury or Witness Duty Leave. An employee whose service on a jury or
appearance as a witness occurs during hours that the employee would have been regularly
scheduled to work shall receive full pay in addition to any fees received; provided, however, an
employee shall not be paid for any such hours in the following circumstances: (1) if the
employee's testimony is requested or subpoenaed by the Union; (2) if the employee's testimony
is before an arbitrator with respect to a pending grievance under this contract, or (3) if the
employee's testimony relates to any case in which the employee is a plaintiff or claimant.
If a bargaining unit employee is required to participate in legal proceedings as a result
of his employment with the Village on an off-duty day, such employee will be compensated for
all hours worked with a two (2) hour guarantee. Actual hours worked shall count as hours
worked for purpose of paying overtime.
36 -
Section 17.7. Unpaid Personal Leave.
A. When a Firefighter or Fire Lieutenant, who has suffered a non-work related illness
or injury, exhausts all accrued sick leave benefits available to him, and lie is still unable to
report for work, such employee may be placed on a personal unpaid leave of absence provided:
i. Written request for sick leave is made;
ii. Undesignated benefit time is exhausted except that for a pregnancy leave
the employee may elect to retain up to six (6) sick leave days without
being required to exhaust same.
iii. That written application for this personal unpaid leave is made prior to the
exhaustion of usable benefit days or prior to a requested pregnancy leave;
and
iv. That the leave request is approved by the Department Head and the
Village Manager, except as may otherwise be required by the Family and
Medical Leave Act of 1993. Such a request shall not be unreasonably
denied.
B. Personal unpaid leaves of absence will not exceed a one (1) year period.
C. Benefits will not accrue during unpaid sick leave,
except as may otherwise be required by the Family and Medical Leave Act of 1993.
D. Except as may otherwise be required by the Family and Medical Leave Act of
1993, the employee on leave will contribute 100% of all premium costs associated with Medical,
Dental, and Life Insurances. Such payment will be made on a month to month basis, with
payments made by the 5th of any month.
E. Although the Village does not guarantee the employee's reinstatement to their
current position, every attempt will be made to place the employee back in his original position.
If the position no longer exists or is filled, the Village will make every effort to place the
employee in the most comparable open position. If the employee is unable to be placed, their
status will be considered as if on layoff.
Section 17.8. Unpaid Personal Leave of Absence for Non-Illness or Injury Related
Activities.
A. Employees may upon written request, be granted a Leave of Absence without pay
or the accrual of any benefits for a designated purpose and period of time, not to exceed one (1)
year in duration.
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B. The written request must be approved by both the Department Head and the
Village Manager.
C. Some of the reasons which are eligible for consideration under this provision are:
i. to pursue educational goals; and
ii. other personal reasons.
D. The request for such personal unpaid leave will be approved or disapproved on
the basis of operational requirements, the availability of qualified replacements, the performance
and attendance record of the employee, and the reason for the request. Such a request shall not
be unreasonably denied.
E. Although the Village does not guarantee the employee's reinstatement to their
current position, every attempt will be made to place the employee back in his original position.
If the position no longer exists or is filled, the Village will make every effort to place the
employee in the most comparable open position. If the employee is unable to be placed, their
status will be considered as if on layoff.
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ARTICLE XVIII
HOLIDAYS AND HOLIDAY PAY
Section 18.1. Designation of Holidays. The following days shall be considered holidays
during the term of this Agreement:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
For purposes of this Article, if a majority of the hours of an employee's shift fall on the holiday
(12:00 midnight through 11:59 p.m.), the entire shift shall be considered as falling on the
holiday. On the other hand, if less than a majority of the hours of a given shift do not fall on
the holiday, the entire shift shall not be deemed to fall on the holiday. Example: An employee
whose regularly scheduled shift commences at 8:00 a.m. on Labor Day and who works the
entire 24-hour shift shall be deemed to have worked 24 hours on said holiday for holiday pay
purposes.
Section 18.2. EliL ibility Requirements. To be eligible for holiday pay emplo%ees must
work their full scheduled day before and their full scheduled day immediately following the
holiday(s). To be eligible for holiday time off without loss of pay, employees must work their
full scheduled day before and their full scheduled day immediately following the duty day picked
for holiday time off. If absent either or both of these days dues to claimed illness, the Village
may require medical proof of such illness.
Section 18.3. Pav for Holidav fork. If an employee is regularly scheduled to work on
a holiday and does so work, the employee, if he meets the eligibility requirements set forth in
Section 2 above, shall be paid an hour's pay for all hours worked on said holiday. In addition.
the employee shall be paid his regular pay for the day in question.
Section 18.4. Holidav Time Off. If a holiday falls on an employee's regularly scheduled
day off, the employee shall receive 24 hours off without loss of pay for each such holiday if he
meets the eligibility requirements set forth in Section 2 above.
Section 18.5. Floating Holidays. Employees shall receive four (4) floating holidays
(i.e., four (4) 24-hours shifts off without loss of pay) each calendar year. If an employee is
39 -
employed for less than the entire calendar year, the employee shall receive floating holidays in
accordance with the following schedule:
Period of Employment Number of Floatine Holidays
3 months or less i
4th thru 6th month 2
7th thru 9th month 3
10th thru 12th month 4
Section 18.6. Scheduling of Floating Holidays and Paid Holidav Time Off. Floating
holidays and holiday time off, respectively, shall be scheduled in accordance with the
Department's policies and practices in effect during calendar 1993.
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ARTICLE %IY
GENERAL PROVISIONS
Section 19.1. Bulletin Boards. The Village shall permit the Union President or his
designee to utilize one bulletin board provided by the Union in each fire station in an approved
location readily visible to the Union members. All postings shall be initialed by the Union
official authorizing its posting and a copy shall be provided to the Fire Chief as it is posted.
The Union will limit the posting of Union notices to such bulletin boards and shall be
responsible for maintaining its bulletin boards. The Union will limit postings to information to
keep employees advised about Union matters and which are of a non-inflammatory and
non-partisan political nature.
In addition, the Union President or his designee can place Union materials of a non-
inflammatory and non-partisan political nature in the mail boxes of members of the bargaining
unit located in the Fire Administration Building, provided that the exercise of this privilege shall
be done during non-duty time and shall be at no cost to the Village.
Section 19.2. Ratification and Amendment. This Agreement shall become effective
when ratified by the Village Board and the Union membership and signed by authorized
representatives thereof and may be amended or modified during its term only with mutual
written consent of both parties.
Section 19.3. Termination Effect. Upon the termination of this Agreement. all benefits
and obligations hereunder shall be terminated and shall not survive the Agreement, unless
extended by written agreement. This provision shall not affect the right of the parties to
commence mediation or arbitration under the statute.
Section 19.4. Physical Fitness. (a) The Village may establish a reasonable mandatory
physical fitness program which, if established, will include individualized goals. No employee
will be disciplined for failure to meet any goals that may be established, as long as the employee
makes a good faith effort to meet any such goals. Before any new program is implemented, the
Village shall review and discuss the program at a meeting of the Labor-Management Committee
and such program will be based on individualized goals.
(b) An employee's participation in a mandatory physical fitness program shall
normally occur during an employee's tour of duty. Employees shall not be prohibited from
participating in a mandatory physical fitness program during assigned time if all regularly
assigned duties, including training, have been completed and approval has been granted, in
advance, by a non-bargaining unit supervisor, provided that approval shall not be arbitrarily and
unreasonably denied. Participation in voluntary physical fitness activities shall not occur during
assigned time.
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(c) The foregoing shall not be construed to either relieve an employee of his
obligation to meet reasonable job-related physical fitness standards that may be established by
the Village or interfere with the Village's right to terminate an employee who is unable to meet
reasonable job-related physical fitness standards.
Section 19.5. Uniforms. Employees who are required to wear and regularly and
continuously maintain prescribed items of uniform clothing and personal equipment shall be
issued such clothing or equipment under the following circumstances:
1. The Fire Chief or his designee determines that an employee's clothing or
equipment is damaged beyond repair through causes other than negligence of the
employee; or
2. The Fire Chief or his designee determines that an employee's clothing or
equipment is worn and in need of replacement because of ordinary wear and tear;
or
3. The Fire Chief or his designee specifies new or additional items of uniform
clothing and personal equipment.
Employees shall be required to clean and maintain uniforms at their own expense, and
will be responsible for the return of uniforms and equipment purchased with Village funds in
good condition, less normal depreciation and destruction in the course of employment.
Section 19.6. Secondary Emplovment. The parties agree that the jobs held by the
employees covered by this Agreement are their primary jobs and that if there is any conflict
between their primary jobs with the Village and any secondary employment, the conflict shall
be resolved in favor of the primary job. Accordingly, all secondary employment (including
self-employment), including any changes in the nature and/or extent of such employment, shall
be subject to the approval of the Fire Chief and Village Manager; provided that such approval
shall not be arbitrarily and unreasonably withheld. The employee shall be advised within one
week of whether the request to engage in secondary employment has been approved or
disapproved unless the Fire Chief and or Village Manager are not available to act on said request
within one week.
Paid sick leave will not be provided for an employee who suffers an occupational
sickness, injury or disability as a direct result of outside employment. In addition, an employee
is not eligible for any medical coverage under the Village Health Plan for any occupational
sickness, injury or disability that occurs to him/her as a direct result of outside employment.
Section 19.7. Fitness Examinations. If there is any question concerning an employee's
fitness for duty or fitness to return to duty following a layoff or leave of absence, the Village
may require, at its expense, that the employee haw- an examination by a qualified and licensed
42 -
physician or other appropriate medical professional selected by the Village. The Village may
also require any or all employees to take a complete physical examination as often as once a
year, with one week's notice to the employee, at the expense of the Village.
All such examinations shall be in addition to any requirement that an employee provide
at his/her own expense a statement from his/her doctor upon returning from sick leave or
disability leave.
Where the Village directs an employee to be examined, the employee shall have the
option at the employee's expense of being examined by a medical professional of his/her own
choosing who is qualified and licensed. If there is a difference of opinion between the Village's
medical professional and the employee's medical professional, and the Village does not accept
the opinion of the employee's medical professional, the employee shall be directed to obtain the
opinion of a third medical professional of equivalent qualification who shall be jointly selected
by the Village's medical professional and the employee's medical professional. In such event,
the decision of the third medical professional shall determine the employee's fitness for duty.
The cost of the third medical professional shall be equally divided by the employee and the
Village.
If it is determined that an employee is not tit for duty based on the foregoing, the Village
may place the employee on sick leave (or unpaid medical leave if the employee does not have
any unused sick leave days), or take other appropriate action. Nothing herein shall be construed
to alter or have any affect on either the statutory rights or the statutory requirements concerning
disability pensions.
Section 19.8. Subcontracting. (a) No employee shall be laid off as a result of any
decision by the Village to subcontract any work performed by employees covered by this
Agreement.
(b) Notwithstanding the foregoing, basic fire suppression work shall not be
subcontracted, provided that this provision shall not be applicable to any mutual aid agreements
that the Village has or may have with other fire departments or if there is a violation of section
10.1 (No Strike).
(c) If the Village subcontracts non-fire suppression work performed by employees
covered by this Agreement, no bargaining unit employee shall be directly supervised by
non-sworn personnel as a result thereof.
Section 19.9. Maintenance of Specific Working Conditions. During the term of this
Agreement, the Village will continue to maintain the following working conditions for employees
who are assigned to 24-hour shifts:
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(a) Shift personnel shall be allowed, with the approval of their Company officer,
reasonable time to shop for food and kitchen supplies during their tour of duty.
(b) Employees shall be allowed to use non-Village TV sets and video equipment,
telephones, and hobby materials as may be available at the firehouse during their
non-assigned time, subject to such reasonable rules and regulations as the Village
may prescribe.
(c) Each firehouse shall have a kitchen with sufficient seating, a dayroom with
sufficient seating, a bunkroom with sufficient bedding, bathroom and shower
facilities, and a sufficient number of lockers to accommodate personnel assigned
to each firehouse and which can be locked.
None of the foregoing shall interfere with the normal operations of the Fire Department.
Section 19.10. Notice of Fire Service Training Opportunities. Fire service training
opportunities which the Fire Department decides to offer to employees covered by this
Agreement at its expense and at no loss of pay to the employee shall be posted on the main
bulletin board in each station. Within the time specified on the posting, any employee who
wants to be considered for the training shall submit a written statement of interest through the
chain of command to the Fire Chief or his designee. Such statement shall include any
information requested on the posting. Eligibility and assignment of these training opportunities
will be determined on the following three successive levels:
a) Continuing participation in an area of departmental activity which are Hazardous
Materials Team, Vehicle Rescue, Water Rescue, E.M.S. Services, T&T, FAE,
Confined Space, Trench Rescue, and all State of Illinois certifications existing and
future.
b) Logical progression of skills training and/or certifications within above areas.
Example: An opportunity to take the Hazardous Materials Chemistry course
would normally be limited to members of the Haz Mat Team who have already
been certified as Hazardous Materials Technician.
C) Entry level training in any area of departmental activity.
If at any successive level two or more employees are determined to have equal skill and ability
for the training opportunity, seniority shall govern in the making of tite selection; provided,
however, where there are reoccurring conferences/workshops of a similar nature, seniority shall
not be a factor where the most senior applicant(s) have already attended such a
conference/workshop and there are other qualified less senior applicants who have not attended
such a conference/workshop. Where no employee expresses an interest in a given training
opportunity that the Fire Chief determin?s should be undertaken, assignment among
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nonprobationary employees by rotation shall commence with the least senior qualified employee
who would meet departmental needs. Nothing herein shall be construed to require the Village
to offer the training even though it has been posted.
Where the Village pays the cost of an employee to attend fire service training
opportunities, compensation, if any, shall be in accordance with policy in effect.
The provisions of this paragraph shall not be applicable to training opportunities which
may be posted but which are not paid for by the Village.
Section 19.11. Safetv Committee. A Safety Committee composed of two (2) persons
designated by the Fire Chief and two (2) bargaining unit employees designated by the Union
President shall be established. If requested by either party, the Safety Committee shall meet
quarterly, or at such other times as a majority of the Committee may deem necessary, for the
purpose of discussing and investigating matters relating to safety in the Elk Grove Village Fire
Department. The Committee may make written recommendations concerning safety issues to
the Fire Chief. The Fire Chief shall have thirty (30) days to issue his written response.
If any Safety Committee meeting is scheduled during the working hours of any employee
who will be attending the meeting, the employee shall be released from duty to attend the
meeting without loss of pay.
Section 19.12. Legal Counsel. In the event an employee is subpoenaed as a witness,
required to provide a deposition or otherwise participate in a legal proceeding not instituted by
the Union which arises out of his employment with the Village and the employee is not a
claimant or plaintiff in such proceeding, the employee, if lie makes a timely request through the
chain of command, will be provided an opportunity to discuss the matter with the Village
Attorney prior to testifying or otherwise participating in said proceeding.
Section 19.13. On-The-Job Iniurv. Village employees who sustain on-the-job duty
connected injuries are entitled to benefits under the Wocker's Compensation Act. In order to
receive these benefits, injured employees are required to report the injury within twenty-four
(24) hours, or as soon thereafter as possible, to their immediate supervisor and file an injury
report.
Section 19.14. Shift and Station Assignments. Shift and station assignments for all
positions shall be made by September 15 of each year. Employees shall be given ten (10) days
in which to submit bids for a given shift and/or station. The bid may include reasons for a
change in shift and/or station, provided that such reasons shall be considered as confidential.
The Fire Chief and/or his designees shall make the determination of shifts and assignments based
upon the operational needs of the Department, provided that such determinations shall not be
arbitrary or capricious. Where requested, the Fire Chief and/or his designees shall provide a
written explanation to any employee as to the reasons why his/her request was not granted.
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Section 19.15. Paychecks and Envelopes. Paychecks will be delivered in sealed
envelopes addressed to individual employees and delivered to station 7 the Friday of the payweek
or the day prior to a holiday falling on a Thursday or Friday of the payweek.
Section 19.16. Paramedics. If an employee after a minimum of five (5) years'
participation in the Elk Grove Village Fire Department's paramedic program desires to decertify,
the employee may submit a written request to the Fire Chief through the chain of command.
Such requests shall not be arbitrarily or discriminatorily denied. Voluntary decertification will
be facilitated by training candidates for the program. In the absence of a sufficient number of
volunteers for the program, the least senior nonprobationary employee will be required to enter
the program.
The Village shall continue to pay all costs to obtain or maintain EMT-B or EMT-P
certification, provided that this shall not be applicable if an employee has to repeat a certification
course because he/she failed it the first time around.
Section 19.17. Promotions. Notwithstanding any other provision of this Agreement, if
the Village during the term of this collective bargaining agreement desires to exempt the rank
of fire lieutenant from the promotional process administered by the Elk Grove Village Board of
Fire and Police Commissioners, it shall give the Union advance notice of its desire and, if
requested, shall negotiate over such decision and the effects of such decision on bargaining unit
employees. If the parties are unable to resolve the issues in negotiations, either party may
invoke the provisions of Section 14 of the IPLRA.
Section 19.18. Personnel File. The Village agrees to abide by the lawful requirements
of Illinois Access to Personnel Records Act, Ch. 48, Article 2001 et sea. of the Illinois Revised
Statutes by providing access to all official Village files.
Section 19.19. Residencv. Effective with the signing of this Agreement, for the term
of this Agreement, there shall be no residency requirement.
Section 19.20. Rules and Regulations. Consistent with the provisions of Article VI of
this agreement, as new rules and regulations are established, the Village will provide the Union
with as much advance notice as possible prior to issuance. Such rules and regulations will be
enforced equitably throughout the Department.
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ARTICLE XX
SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision, is or shall at any
time be contrary to or unauthorized by law, or modified or affected by the subsequent enactment
of law, or held invalid and unenforceable by operation of law or by any board, agency or court
of competent jurisdiction, then such provision shall not be applicable or performed or enforced,
except to the extent permitted or authorized by law; provided that in such event all other
provisions of this Agreement shall continue in effect.
In such event, the parties shall, upon the request of either party, commence good faith
bargaining over possible replacement language for the invalidated article, section or portion of
this Agreement.
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ARTICLE XXI
ENTIRE AGREEMENT
This Agreement, upon ratification, supersedes all prior practices and agreements, whether
written or oral, unless expressly stated to the contrary herein, and constitutes the complete and
entire agreement between the parties, and concludes collective bargaining for its term unless
otherwise expressly provided herein.
The Village and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter referred to or covered in this Agreement,
including the impact of the Village's exercise of its rights as set forth herein on wages, hours
or terms and conditions of employment. This paragraph does not waive the right to bargain over
any subject or matter not referred to or covered in this Agreement which is a mandatory subject
of bargaining and concerning which the Village is considering changing during the term of this
Agreement, provided the Union makes a timely and proper request to bargain over the change
being considered by the Village.
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ARTICLE %XII
TERMINATION
Termination in 1999. Unless specifically provided otherwise herein, this Agreement shall
be effective as May 1, 1996 and shall remain in full force and effect until 11:59 p.m. on the
30th day of April 1999. 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
April 30 anniversary date that it desires to modify this Agreement. In the event that such notice
is given, negotiations shall begin no later than ninety (90) days prior to the anniversary date.
In the event that either party desires to terminate this Agreement, written notice must be
given to the other party no less than ten (10) days prior to the desired termination date which
shall not be before the anniversary date set forth in the preceding paragraph.
Executed this 11th day of November 1997.
VILLAGE OF ELK GROVE VILLAGE ELK GROVE VILLAGE FIREFIGHTERS
ASSOCIATION, LOCAL NO. 3398
By Gary E. Parrin B
Village Manager
ATTEST: Patricia S. Smith
Village Clerk