HomeMy WebLinkAboutRESOLUTION - 37-92 - 5/26/1992 - LABOR AGRMT/POLICE LABOR COUNCIL 35RESOLUTION NO. 37-92
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
A LABOR. AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND THE FRATERNAL ORDER OF POLICE LABOR COUNCIL/ELK GROVE
VILLAGE LODGE NO. 35
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:
"AGREEMENT BETIVIEEN VILLAGE OF ELK GROVE VILLAGE,
ILLINOIS AND FRATERNAL ORDER OF POLICE LABOR
COUNCIL/ELK GROVE VILLAGE LODGE NO. 35 -
EFFECTIVE MAY 1, 1991 THROUGH APRIL 30, 1994"
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.
PASSED this 26th
APPROVED this 26th
ATTEST:
Patricia S. Smith
Village Clerk
day of May , 1992.
day of ,fav 1SS2.
Charles J. Zettek
Village President
ARTICLE I
PREAMBLE
This agreement is entered into by the Village of Elk Grove
Village, Illinois, (hereinafter referred to as the "Village"), and the
Illinois Fraternal Order of Police Labor Council/Elk Grove Village
Lodge No. 35, (hereinafter referred to as the "Union"), effective May
1, 1991.
ARTICLE II
RECOGNITION
The Village hereby recognizes the Union as the sole and exclusive
Collective Bargaining representative for:
All full-time sworn peace officers in the Village of Elk Grove
below the rank of sergeant.
Excluded: sergeants, lieutenants, deputy chiefs and chief and
all supervisory, managerial and confidential employees as
defined by the Act, and all other employees of the Village
of Elk Grove.
It is agreed that the officers in the ranks of sergeant and above are
"supervisors", as that term is defined in the Illinois Public Labor
Relations Act.
ARTICLE III
NON-DISCRIMINATION
Section 1. Discrimination Prohibited
The Village and the Union agree they will not discriminate against
any person with respect to employment in violation with State or
Federal Law. Nor shall the Village or the Union discriminate against
any employee on the basis of membership or non -membership in the Union.
Section 2. Waiver of Rights to Sue
Employees who choose to use the grievance procedure in this
collective bargaining agreement as the sole avenue for redress of
alleged discriminatory acts by the Village, rather than seeking redress
in an appropriate State or Federal court or administrative agency,
shall either sign a waiver of judicial or administrative process within
ten (10) calendar days after receipt of the Village's response at Step -
3 (as described in Article VIII herein) or withdraw the grievance in
favor of seeking a judicial or administrative remedy.
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Section 3. Gender
Whenever a specific gender is used in this agreement, it shall be
construed to include both male and female police officers.
ARTICLE IV
DUES CHECKOFF UNION INDEMNIFICATION
Section 1. Dues Checkoff
While this Agreement is in effect, the Village will deduct from
each Union member's paycheck once each pay period, a uniform, regular
sum of money for Illinois Fraternal Order of Police Labor Council dues
for each employee in the bargaining unit who has filed with the Village
a voluntary checkoff authorization in the form set forth in Appendix A
of this Agreement and shall forward such amount to the Labor Council on
the tenth (10) day of the month following the month in which the
deduction is made. Along with the dues, the Village shall include a
list indicating the names of the union members from whom the deductions
were made.
A Union member desiring to revoke the dues checkoff authorization
may do so by written notice to the Village at any time during a sixty
(60) day period prior to the annual anniversary date of the contract,
in each year during the life of the contract.
The actual dues amount deducted, as determined by the Illinois
Fraternal Order of Police Labor Council, shall be a uniform amount for
each employee.
If an employee has no compensation due for a given pay period, the
Village shall not be responsible for collection of said Union dues.
The Labor Council agrees to refund to the employee any amounts of money
paid to the Labor Council in error by the Village under this cues
checkoff provision. The Labor Council may change the fixed uniform
dollar amount not more than twice each calendar year during the life of
this Agreement. The Labor Council will give the Village sixty (60)
days written notice of any such change in the amount of uniform dues to
be deducted.
Section 2. Fair Share
Any present officer who is not a member of the Union shall, as a
condition of employment, be required to pay a fair share fee (not to
exceed the amount of Labor Council dues) of the cost of the collective
bargaining process, contract administration in pursuing matters
affecting wages, hours, and other conditions of employment, but not to
exceed the amount of dues uniformly required of members per month. All
officers hired on or after the effective date of this Agreement and who
have not made application for membership shall, on or after the
thirtieth (30th) day of their hire, also be required to pay a fair
share fee as defined above.
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The Village shall with respect to any officer in whose behalf the
Village has not received a written dues checkoff authorization as
provided in Section 1. above, the Village shall deduct from the wages
of the officer the fair share financial obligation, including any
retroactive amount due and owing to the effective date of the
Agreement, and shall forward such amount to the Labor Council on the
tenth (10th) day of the month following the month in which the
deduction is made, subject to the following:
(1) The Labor Council has certified to the Village that the
affected officer has been delinquent in his obligations
for at least thirty (30) days:
(2) The Labor Council has certified to the Village that the
affected officer has been notified in writing of the
obligation and the requirement for each provision of
this Article and that the employee has been advised by
the Labor Council of his obligations pursuant to the
Article and of the manner in which the Labor Council has
calculated the fair share fee;
(3) The Labor Council has certified to the Village that the
affected officer has been given a reasonable opportunity
to prepare and submit any objections to the payment and
has been afforded an opportunity to have said objections
adjudicated before an impartial arbitrator assigned by
the employee and the Union for the purpose of determining
and resolving any objections the officer may have to the
fair share fee.
Any officer who objects to paving a fair share fee to the Labor
Council may in writing so notify the Labor Council and the Village of
such objection. The officer may thereafter make arrangements to
transmit each month the regular fair share amount to a bona fide
charity of the officer's choosing in lieu of transmitting such amount
to the Labor Council. The officer shall provide evidence of such
payments to the Village upon request.
Section 3. Union Indemnification
The Labor Council shall indemnify, defend and save the Village
harmless against any and all claims, demands, suits or other forms of
liability (monetary or otherwise) and for all costs that shall arise
out of or by reason of action taken or net taken by the Village in
complying with the provisions of this Article. If an improper
deduction is made, the Labor Council shall refund directly, to the
employee any such amount and report same to the Village five (5) days
prior to.the issuance of the next payroll check..
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Section 4. Fair Representation
The Union recognizes its responsibility as bargaining agent and
agrees to fairly represent all employees in the bargaining unit,
whether or not they are members of the Union.
ARTICLE V
MANAGEMENT RIGHTS
Section 1.
It is understood and agreed that the Village possesses the sole
right, authority and responsibility to operate and direct the employees
of the Police Department and the Village in all aspects, including, but
not limited to, all rights and authority exercised by the Village prior
to the execution of this Aareement, except as modified in this
Agreement. These rights include, but are not limited to:
a. The right to determine its mission, policies_, and all
standards of service offered to the public;
b. To plan, direct, schedule, control and determine td -,e
operations or services to be conducted by the employees
of the Police Department and the Village;
c. To determine the methods, means, and number of personnel
needed to carry out the departmental operations and services;
d. To direct the work force;
e. To hire and assign or to transfer employees Within the
department or police related functions;
f. To promote or demote employees; or to suspend, discipline,
or discharge non -probationary employees for Just cause
!probationary employees without just cause or right to
appeal;;
g. To lay off consistent with the requirements of this agreement,
or to relieve employees from duty consistent with the
requirements of law;
h. To make, publish, and enforce rules and regulations,
including reasonable rules and regulations relating to
mandatory subjects of bargaining including reasonable
rules pertaining to secondary employment;
i. To introduce and use new or improved methods, equipment,
or facilities;
j. To contract for goods and services;
k. To take any and all actions that may be necessary to carry
out the mission of the Village and the Police Department
in situations of civil emergency or marshall law.
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If in the sole discretion of the President and Board of Trustees,
the Village Manager, or other authorized representative, it is
determined that a civil emergency or marshall law condition exists,
including, but not limited to, riots, civil disorders, tornado
conditions, floods, accidents, or other similar situations, the
provisions of this Agreement may be suspended by the President of the
Board of Trustees or the Village Manager provided that wage rates and
monetary fringe benefits shall not be suspended and that the provisions
of this section shall not limit an employee's right to invoke the
grievance procedure and protection under the Bill of Rights.
It is agreed that the processing of any grievance occurring during
this activity beyond Step 1 of the grievance procedure shall be delayed
until a time when this condition or the results of this condition no
longer hamper normal business activity.
Section 2.
The President and Board of Trustees has the sole authority to
determine the purpose and mission of the Village and the amount of
budget necessary to accomplish those purposes ano missions thereto.
ARTICLE VI
NO STRIKE/LOCKOUT
Section 1.
Ourino the term of this Agreement, neither the Union nor its
agents, nor employees or members, for any reason will authorize,
institute, aid, encourage, condone or engage or participate in a slow
down, speed-up, work stoppage, strike or any other organized
interference, such as the "blue flu", with the work and the statutory
function or obligations of the Police Department or the Village; or
engage in any other intentional disruption of the operations of the
Police Department. During the term of this Agreement, neither the
Village, nor its agents for any reason shall authorize, institute,
and/or promote any lock -out of police officers covered by this
Agreement. Neither the Union nor its agents or any officer shall
refuse to cross any picket line, while on duty, or not engage in
activities that are contrary to or inconsistent with their oath of
office.
Section 2.
Any .officer who violates the provisions of Section 1 of this
Article shall be subject to immediate discharge, subject to the
confirmation of the Village Board of Fire and Police Commission.
Any action taken by the Village against any officer who participates in
action prohibited by Section I above shall not be considered as a
violation of this Agreement and shall not be subject to the provisions
of the grievance or arbitration procedure.
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ARTICLE VII
BILL OF RIGHTS
The employer agrees to follow, and be bound by, the procedures set
forth in Chapter 85-2551 through 2569 of the Illinois Revised Statutes,
commonly known as the Peace Officers Bill of Rights. Any alleged
violation of this article shall not be subject to the grievance
procedure.
ARTICLE VIII
GRIEVANCE PROCEDURE
Section 1. Definition of a Grievance
A grievance is defined as a dispute or difference of opinion
raised by an employee, the Union, or the Village claiming that an
expressed written provision of this Agreement has been violated, except
that any dispute or difference of opinion concerning disciplinary
matters including but not limited to suspension without pay or
discharge, or other issues subject to the jurisdiction of the Elk Grove
Villac_e Fire and Police Commission shall not be considered a grievance
under this Agreement and therefore are not subject to the grievance or
arbitration procedures. Appeals to the Elk Grove Villace Fire and
Police Commission will be limited to the propriety of the discipline or
the issue in question.
Section 2. Procedure
In order to officially rile the grievance under this provision,
the grievance must be reduced to writing and submitted on a completed
X
orm identical to that which is attached hereto as Appendix D. The
written form shall contain the following information:
1. Date submitted in writing,
2. Date of alleged violation,
3. Specific contractual provision(s) alleged to have been
violated,
4. Statement of acts giving rise to the dispute,
5. Date presented to immediate supervisor,
6. Signature of aggrieved party(s).
It is to the benefit of both parties that issues falling under the
jurisdiction of this provision be raised and settled in a prompt,
timely fashion. Consequently, the following steps and time limits
shall be followed:
Step 1. An employee, with or without his Union representative,
who has cause to feel that the Village has violated
an express written provision of the Agreement may in
writing present the issue to his immediate supervisor.
Nothing contained herein shall be construed as limiting
the right of any employee having a grievance to discuss
the matter informally with an appropriate supervisor
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prior to filing a written grievance, and having the
grievance adjusted without the intervention of the
Union, provided the adjustment is not inconsistent
with the terms and the meaning of this Agreement.
The issue must be raised within seven (7) calendar days
from the time the grievant becomes aware of or had the
opportunity to be aware of the alleged violation.
The supervisor and/or Lieutenant/Watch Commander or
their designees shall meet with the employee, with or
without a Union representative, as the employee may
desire, at a mutually satisfactory time within seven
(7) calendar days of receipt of the written form.
Following discussion, of the facts and any investigations
of the circumstances surrounding the allegation, the
supervisor or lieutenant/Llatch Commander or their
designees will respond to the employee. The response
shall be made no later than seven (7) calendar days
from the date cF the meeting.
Stec 2. Tf the issue is not resolved in step one, the employee
shall be entitled to take the issue to the second step
of the procedure within seven (7) calendar days from
the date he has received the response from the
innediate supervisor or the Lieutenant/!latch Cor.mander
or their designees. The issue at the second step shall
be submitted on the same written form, or a con, thereof,
to the employee's Deputy Chief or his desicree.
The written form shall be dated upon receipt by the
Deputy Chief or his designee. The Deputy Chief or his
designee shall meet with the employee, with or without
a Union representative, as the employee may desire, at
a mutually satisfactory time within seven (7) calendar
days of receipt of the written form. Following
discussion of all facts, and any investigation pertaining
to the alleged violation, the Deputy Chief or his
designee shall respond in writing to the employee. The
written response will be made on the same grievance form,
or a copy thereof, no later than seven (7) calendar days
following the date of the meeting with the grievant.
Sten 3.. If the grievant is not satisfied with the answer in step
two, he will be entitled to meet with the Police Chief or
his designee regarding the issue. Notice of such request
for a meeting shall occur within seven (7) calendar days
following the date of response by the Deputy Chief or his
designee. The issue(s) at the third step shall be sub-
mitted in writing on the same grievance from, or a copy
thereof.
F
The Police Chief will, upon receipt, date the written
form submitted. Within seven (7) calendar days, or on
a mutually agreed upon date, following receipt of the
written form, the Police Chief or his designee will
schedule a. meeting to discuss the issue(s). In
attendance shall be one person representing the FOP
Labor Council (if it will not delay the meeting), the
local Union President and the grievant(s). The Village
will be represented by persons designated by the Police
Chief, and the Village Personnel Officer or his designee
who shall chair the meeting. Following discussion of
the issue(s), the Personnel Officer or designee shall
direct a written response to the grievant(s) on the same
grievance form, or a copy thereof. This shall occur no
later than ten (10) calendar days following the date the
issue was discussed in said meeting.
Steo 4. if the grievant(s) is not satisfied with the answer from
the Personnel Officer in step three, a neetino with the
Village hanager will be arranged by the Personnel Officer.
The Union's request for a neeting with the Village Manager
shall be on the same grievance form, or a copy thereof.
The request shall be made within seven. (7) calendar days
from the date of receipt of the Personnel Officer's
written response. The Village Manager at the fourth step
will meet with one Union representative on a mutually
agreed upon date, within seven (7) calendar days following
receipt of the written, form. Within, ten(10)calendar
days of this discussion, the Village Manager shall respond
in writirg to the Union representative.
If the issue is not satisfactorily resolved, the Labor
Council representative may advance the issue to
arbitration. Such request will be made within ten (10)
calendar days from the date of the Manager's response.
Secticr 3. Arbitration
The parties shall attempt to agree on an arbitrator within five
(5) business days after receipt of the notice of arbitration. Said
notice shall contain a full summary of the grievance, responses mage,
and grievances not responded to. In the event that parties are unable
to agree upon the arbitrator within said five (5) day period, the
parties shall jointly request the Federal Mediation and Conciliation
Service or the American Arbitration Association to submit a panel of
five (5) arbitrators.
The Village and the Union each have the right to reject one panel
of five names in its entirety and request that a new panel of five
names be submitted. Both the Village and the Union shall have the
right to strike two (2) names from the panel. The party requesting
arbitration shall strike the first name. The other party shall strike
a name, and so forth. The person remaining shall be the arbitrator.
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The arbitrator shall be notified of his selection and shall be
requested to sett a time for the hearing, subject to the availability of
Union and Village representatives. The Village shall select the
location for the hearing which shall be within the Villace limits.
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. The
arbitrator shall submit his decision in writing within thirty (30)
calendar days following the close of the hearing or the submission of
briefs by the parties, whichever is later.
More than one grievance may be submitted to the same arbitrator if
both parties mutually agree in writing.
The fees and expenses of the arbitrator and the cost of a written
transcript(s), if any, shall be divided equally by the parties. All
other costs shall be Paid by the party which incurs such costs.
4. Limitations on Authority of Arbitrator
The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the provisions of this Agreement
during or as part of the arbitrators decision. The arbitrator shall
consider and cecide only the question of fact as to whether there has
been no response or a misinterpretation of the specific provisions cf
this Agreement, as well as determine an appropriate remedy, if
applicable. The arbitrator shall be empowered to determine the issue
raised by the grievance as submitted in writing at the Second Step.
The arbitrator shall have no authority to make a decision on any issue
not submitted or raised. The arbitrator shall be without power to make
any decision or award which is contrary to or inconsistent with, in any
way, this Agreement or applicable laws. Any decision or award of the
arbitrator rendered with the limitations of this Section shall be final
and 'binding upon the Pillage, the Lodge and the employees in the
bargaining unit.
Section 5. Paid Time
The grievant(s) and any employee Union representative will not be
paid by the Village for time associated with this procedure, unless
requested to attend a meeting by management called for under this
grievance procedure which is held during their regularly scheduled
shift hours, in which case the grievant and one representative shall be
paid for all normal work time spent in the meeting. Employees may
transmit a grievance to management during their working time, or may
discuss a grievance with management during working time if, in the
supervisor's judgement, circumstances warrant and work performance will
not adversely be affected. Employees may voluntarily choose to be
absent from work under this procedure and may use their earned vacation
time, earned floating holidays, or duty trades or an unpaid absence
which will not adversely impact departmental operations or services as
determined by the Cepartment Head or his designee.
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In any instance where the issue is not moved to the succeeding
step of the procedure by the grievant and/or Union, in a timely manner,
it will be considered resolved on the basis_ of the Village's last
response. If the Village fails to respond within the time limits
provided, the grievant(s) may treat the matter as denied at the step
and proceed in a timely fashion to the next step. The parties may
mutuall}, agree to extend any tirre limit or bypass any steps associated
with this Article.
ARTICLE IX
LABOR MANAGEMENT MEETTt!GS
Section 1. Meetino Reouest
The Union and the Village shall mutually agree that in the
interest of harmonious employee relations, it is desirable that
meetings be held if mutuall; agreed between Union representatives and
appropriate administrative representatives of the Village.
Such meetings shall be requested at least seven (7), days in
advance by either party by placing in writino a regaest to the other
for a "labor-management meeting" and expressly providing the agenda for
such meeting. Such meetings and locations when mutually agreed upon,
shall be limited to a sharing of general information of interest to the
parties. The seven (7) day notice period may be waived by written
agreement of both parties.
Section 2. Content
I: is expressly understood ar.d agreed that such me�ztings shall be
exclusive of the grievance procedure. Grievances being processed under
the grievance procedure shall not be considered at "labor-management
meetings", ror shall negotiations for the purpose of altering any or
all of the terms of this Agreement be carried on at such meetings.
Safety issues may be raised and discussed at such meetings.
Section 3. Attendance
With supervisory permission„ which shall not be unreasonably
withheld, employees shall be Pernitted reasonable time off from cute
without loss of pay during their respective working hours to attend
"labor-management" meetings with Village officials in conjunction with
this Article. Officers who attend such meetings while off duty, will
receive no compensation for their attendance and no officer shall earn
any overtime compensation under this provision for attendance at this
meetina.
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ARTICLE X
HOURS OF WORK/OVERTIME
Section 1.
This Article defines the normal hours of work, and establishes the
basis for the calculation of overtime. It is not, however, a guarantee
of hours of work per day, work period, month, or year. It is not
intended to establish a right to compensation in any form for time not
worked except as specifically provided for in this Article.
Section 2. Shift Schedule
The Village shall establish the work schedule for Police Officers
which may be changed from time to time by the Village as circumstances
warrant. While the Village will be the sole determinant of any
changes, prior to implementing any changes the Villace will give
affected employees at least 48 clock hours notice, if possible, as
determined by the Department Head.
The Employer's right to assign officers for duty at any time and
at different times during each 28 -day police period remains
unrestricted and unchallenged. Scheduling needs permitting, and
subject to the above sentence, watch assignments effective on "change
day" shall remain unchanged by the Employer for the duration of each
28 -day police period. Starting times may be adjusted by the Employer
as circumstances warrant.
Section 3. Normal Workweek and Workday
Except as provided elsewhere in this Article, the normal workweek
shall be a seven (7) day period beginning with the first shift (11 P.M.
to 7 A.M.) Sunday night. The normal workday shift will consist of
eight (8) consecutive hours.
Section 4. Overtime Pay
Employees shall be paid one and one-half (1 1/2) times their
regular hourly rate of pay: (1) for all hours worked beyond one hundred
sixty (160) which may occur in the designated twenty-eight (28) day
departmental work schedule as required by the Fair Labor Standards Act;
or (2) as provided in Section 7.
For the purposes of this Article, "hours worked" shall include all
hours paid, except sick leave time and court time.
Section 5. Court Time
An officer, who is required by the Village to be in court while
off duty, shall receive a guaranteed minimum of two (2) hours pay at
time and one-half the officer's regular straight -time hourly rate.
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This provision shall not apply to an officer beginning or ending his
tour of duty.
Section 6. Cali -Back Pay
A Call -Back is defined as an official assignment of work which
does not immediately precede or immediately follow an officer's
regularly scheduled working hours.
All Call -Back shall be compensated for at the appropriate rate of
pay with a two (2) hour minimum guarantee. Actual time spent on
call-back will be counted toward the accumulation of hours under the
Fair Labor Standards Act.
Section 7. 1sL and 2r.d Off -Duty Day Work
An officer who is required to work on his first or seccnd off-duty
day, will be compensated at a time and one-half rate per hour for all
hours worked during such day(s). This provision shall not apply tc
duty trades or other voluntary work period chances.
Section. 8. Recuired Overtime
The Chief of Police or his designee(s) shall have the right to
require overtime work and officers may not refuse overtime assignmer.rs.
Section 9. No Pyramiding
Overtime compensation shall not be paid more than once for the
same hours under any provision of this article, this Agreement, State
or Federal law.
Section 10. Stand -By ray
Officers in the bargaining unit shall be paid stand-by ,ray
whenever thev are on ":land -by" based upon the following schedule:
Weekend - S30.CO; Fixed Holiday - X45.00; Fixed Holiday on a 'Weekend -
$75.00.
ARTICLE XI
SEKTORITY
Section 1. 5Efinition
Seniority shall for the purpose of this Agreement be defined as an
employee's leneth of continucus full-time service with the Village,
excluding temporary service, since his last date of hire less any
deductions due to layoff, leave of absences) without pay or other
non -paid breaks in service.
If more than one person is hired on the same day, seniority
preference will be established by final eligibility test score as
posted on the official eligibility list by the Fire and Police
Commission.
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Section 2. Termination of Seniority and Employment
Seniority and the employment relationship may be terminated
subject to the appropriate procedures of the Board of Fire and Police
Commissioners, when an employee:
a) quits;
b) retires or is retired;
c) is discharged for just cause (probationary employees without
cause);
d) fails to report with or without prior notice for work for
two (2) consecutive working days;
e) is laid off and fails to report for work within sixteen
calendar days after having been recalled, unless otherwise
mutually agreed;
f) does not report for work immediately following completion of a
scheduled vacation, or approved leave of absence, unless
acting pursuant to and consistent with the provisions of
Chapters 108 1/2 of the Illinois Revised Statutes;
g) is laid off during the life of the current agreement, and is
not recalled within a period of time equal to the total
duration of the agreement;
h) accepts employment with one or more employers elsewhere
consisting of twenty-five (25) hours or more per week.
Section 3. Probationary Period
The probationary period shall be defined as a twelve month work
period beginning with the employee's date of hire. Time spent absent
from work without full compensation received from the Village, shall
not count toward completion of the probationary period up to a maximum
of twelve additional months.
Section 4. Reductions in the Work Force
Should it become necessary to reduce the work force in the Police
Officer classification for any reason as approved by the Village Board,
the Village will layoff police officers in the order specified by
Chapter 24-138.1 of the Illinois Revised Statue.
Section 5. Recall
Employees who are laid off shall be placed on a recall list for
the period required by law. If there is a recall, employees who are
still on the recall list shall be recalled, in the inverse order of
their layoff, provided they are fully qualified to perform the work to
which they are recalled with a minor amount of training.
Employees who are eligible for recall shall be given a notice of
recall, which shall be sent to the employee by certified or registered
mail, with a copy to the Labor Council. The employee must give notice
to the Village of his intent to return within three (3) calendar days
of receipt of the recall notice and be expected to report to work
sixteen (16) calendar days after receiving such notice, but this time
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can be mutually extended. The Village shall be deemed to have
fulfilled its obligation by mailing the recall notice by certified
mail, return receipt requested, to the mailing address last provided by
the employee to provide the Police Chief or his designee with his last
mailing address. If the employee fails to timely respond to a recall
notice, his name shall be removed from the recall list.
ARTICLE XII
UNICN OFFICERS ANC NOTIFICATIONS
Section 1.
For purposes of this Agreement, the term "Union Officers" shall
refer to the representatives whose nares and addresses shall be
provided to the Village. All formal notificPtions to the Union, unless
expressly provided otherwise, shall be addressed to the Fraternal Order
of Police Labor Council, President, Lodge Vo. 35. P. 0. Box 122, Elk
Grove Village, il'inois 60009 and the Illinois Fraternal Order of
Police Labor Council, 7326 V. Harrison Street, Forest Park, Illinois
60130, unless otherwise instructed.
Al 'ormai notifications tc the Villace, unless (-xpressly
provided, shall be addressed tc the Village of Elk Greve Village, 901
Weilir.cton Avenue, Elk Grove Village, Illinois E0007-2499.
ARTICLE XIII
BULLET:'! BOARD
The Village shall permit the Union to utilize sU`fir.ient space cn
a current bulletir board in a location readily visible to the Union.
members. The bulle`in board is to to limited to informaticn to keep
employees advised about Union matters and it shall be ron-political and
non-inflammatory. The Union shall submit a cated, v;r,tten request to
the Police Chief, or his designee, for approval of a -y hosting,
accompanied by a copy of the maty:Tial requested to be ccsted. if the
Chief, or his designee, does not respond to the request within three
(3) business days, the Union may post the infcrmation on the next
calendar day.
ARTICLE XIV
SUB-CCNTRACTli?G
It is the policy and practice of the Village to continue to
utilize its employees to perform work they are qualified and available
to perform. However, the Village reserves the right to contract out
any work it deems necessary, consistent with the Village's lawful
authority under Illinois statutes, at any time and in any manger it
deems appropriate, without restrictions and without discussing it with
the Union before, during or after such a decision is made. This
provision or its use shall not be subject to the grievance procedure.
14
ARTICLE XV
VACATION
Section 1. Vacation Time Accrual and Elioibilif-
vacation is earned in the year prior to its being taken.
A. Vacation Accrual
1. From 0 months of service throuqh completion of 48 months of service
eligible employees will accrue vacation credits at the rate of 6.67
hours per month of service.
2. From 49 months of service through completion of 1O8 months of
service eligible employees will accrue vacation crccits at the rate
of 10.0 hours Per month of service.
3. From 109 months of service through completion of 1618 months of
service eligible employees will accrue vacation credits at the
rate of 12.0 hours per month of service.
4. From 169 months of service through completion of 228 months of
service eliqible employees will accrue vacation credits at the
rate of 13.34 hours per month of service.
S. From 229 months of service through completion of 228 months of
service eligible employees will accrue vacation r_redi-s at the rate
of 15.33 hours per month of service.
6. From 289 months of service and thereafter, eligible emplovpes will
accrue vacation credits at the rate of 16.67 hours per month of
service.
B. Vacation Eligibility
1. After completing one (1) full year of continuous service, ar
employee is eligible for 10 Days of vacation.
2. After completing five (5) full years of continuous service, an
employee is eligible for 15 Days of vacation.
3. After completing ten (10) full years of continuous service, an
employee is eligible for 18 Days of vacation.
4. After completiro fifteen (15) full years of contiruous service, an
employee is'eligible for 20 Days of vacation.
S. After completing twenty (20) full years of continuous service, an
employee is eligible for 23 Days of vacation.
6. After completing twenty-five (25) full years of continuous service,
an employee is eligible for 25 Days of vacation.
15
Section 2. Vacation -Taking Procedures
A. Eligible employees, upon completion of one (1) full year of
continuous service, must take accrued vacation from their first
twelve (12) months of continuous service prior to December 31,
of the calendar year in which they complete one (1) full year of
service, except that employees hired in the last quarter of the
calendar year will have their accrued vacation for the first
twelve (12) months of service automatically carried over into
the next calendar year unless otherwise directed by the Department
Head.
B. Employees not covered by "A" above must take vacation accrued in
the previous twelve month period prior to December 31 of the
vacation -taking year.
C. Vacations schedules will be determined by the Department Head
based on seniority on the shift to be scheduled. However, the
needs of the Village in scheduling work shall be the controlling
criterion.
D. Vacations shall be taken in increments of full workdays and shall
be taken in week-long intervals. The Police Chief may, for
organizational reasons, permit the use of vacation time in less
than week-long intervals. Officers may use all earned vacation
at one time provided necessary manpower requirements as determined
by the Village can be maintained. Unused vacation shall be
forfeited without compensation. If vacation is denied by the
Village and there is insufficient available time in the current
year to schedule such vacation, it may be carried over into the
following calendar year.
Section 3.
Upon voluntary or involuntary termination of employment, a full
time employee shall receive compensation for all accrued and unused
vacation time at the average of the pay rate in force when the vacation
was first accrued and the pay rate in force at the time of
termination. Specifically excluded from this provision are all
probationary employees who terminate, or are terminated, prior to the
completion of their full probationary period.
Advancements in the use of vacation days may be made at the
discretion of the Department Head with the Village Manager's approval.
Scheduled vacations may be cancelled or changed by the Department
Head or his designee when the needs of the Department require as
determined by the Department Head or his designee dictate.
16
ARTICLE XVI
HOLIDAYS
Section 1.
Each full time police officer will be given 8 floating holidays and
3 fixed holidays. The fixed holidays shall be New Year's Day,
Thanksgiving Day and Christmas Day.
Floating Holidays can be scheduled when vacation schedules are
set. Floating Holidays shall be taken in increments of full work
days. Floating Holidays may be scheduled together but in no case shall
more than five (5) floating holidays be scheduled consecutively.
Floating Holiday schedules will be determined by the Department Head
based on seniority on the shift to be scheduled. The needs of the
Village in scheduling work shall be the controlling criterion in
scheduling Floating Holidays. Holidays which remain unused as of
December 31 of each year and which were unable to be taken through no
fault of the employee shall be compensated at a straight time rate. No
carry-over of floating holidays shall be allowed.
Section 91.
To be eligible for pay for holiday(s), employees must work the
full scheduled day before and the full scheduled day immediately
following the holiday(s). If absent either or both of these Bays due
to claimed illness, the Village may require medical proof of such
illness.
Sectlgn 3
Employees who terminate their employment with the Village during
the calendar year shall not receive any compensation for any unused
floating holidays, scheduled or rot.
Section 4.
Employees classified as full-time employees, and whose
probationary period ended subsequent to January 1, shall receive an
equal number of floating holidays, less the number of any fixed or
floating holidays already celebrated during their probationary period.
Section 5.
Any employee who is not regularly scheduled to work on Plew Year's
Day, July 4, Thanksgivirg, or Christmas and who is nevertheless
assigned to work on what would have otherwise been a scheduled day off
shall be paid time and one-half the employee's regular rate for an;
hours worked on any of the four named holidays.
17
ARTICLE XVII
SICK LEAVE
Section 1.
Sick leave is not a right but a benefit eranted by tt:e Village in
order to provide an employee protection against a loss of pay for e
specific period of time due to illness. Sick leave has no other
economic value and it cannot be converted into any other form of
compensation at any time during or after employment with the Village.
Upon separation from the Village, accrued, unused sick leave will be
forfeited.
Misuse or abuse of sick leave is a serious matter which cannot be
tolerated by the Pillage or the Union. The Union shall join the
Village in making efforts to correct the misuse or abuse of sick leave
wherever and whenever it may be suspected of occurrir.q. Abuse of the
sick leave benefit shall be cause for disciplinary action up to and
includinc discharge.
Section. 2.
Sick Leave Accrual
Employees will accrue sick leave at a rate of one work day for
each calendar month of service up to a maximum of one hundred and
twenty (12-0) days.
proof of Illness
Medical proof of illness anal/or recovery, of an employee, after
three or more consecutive days of absence due to claimed illness, or
diter absence(s) due to illness of an employee's family member, may be
required by the Department Head before any employee may return to work
or receive sick leave benefits. Failure to provide such proof within
five (5) calendar days from the date or request by the Pillage, or at
the time any employee returns to work, whichever is shorter, shall be
grounds for disciplinary action up to and including discharge.
Usage
Sick leave shall be used or, an hour -for -hour basis, with one hour
of sick time deducted for every individual hour absent from work.
W3
Notification of tJsage
Notification of absence due to sickness shall be given to the
on -duty supervisor as soon as possible on the first day of such absence
and every day thereafter (unless this requirement is waived by the
Department Head), but no later than sixty (60) minutes before the start
of the employee's work shift unless it is shown that such notification
was impossible. Failure to properly report an illness will be treated
as an absence without pay and may subject the employee to disciplinary
measures up to and including discharge.
Section 3.
Emergency Leave
Employees are eligible for Emergency Leave benefits in the event
of the death or serious illness and/or injury in the irr^ediate family.
The days and/or part days used for Emergency Leave shall reduce the
employees sick leave accumulation by an equal amount. For purposes of
this section, immediate family shall include: spouse; child; brother
or sister; parent; grandparents; grantchild; brother- or sister-in-law;
parents -in -lata; son- or daughter -in -lar: (no ratter where they live),
and any other relative living in the employee's household.
Persoral Temporary Leave of Absence
Employee(s) who suffer an off -the -job injury or illness and is
unable to return to work foilowino exhaustion of all his/her accrued
sick leave benefits, vacation days, a.nd holidays, that employee upon
request may be oran.ed a temporary leave of absence with the approval
of the Village Panager. Such leave of absence shall beein following
the use of e.li accrued benefits as described above. if the employee is
Permitted a temporary leave of absence, the Village Manager shall set
the time period based on the circumstances in each specific case. No
sick leave, vacation, holiday, or seniority benefits will accrue to the
employee during the temporary leave of absence and any holidays which
may occur during the leave shall be forfeited.
Failure to apply for such leave upon expiration of sick leave
benefits will result in automatic termination.
1.
An employee cn temporary leave will be permitted to continue his
coverage under the Village's Group Health Insurance, Life Insurance
and/or Dental Insurance at his own. expense. Payment for such coverage
shall be made by the 1st of each month to the Villace.
The Villace does not guarantee the employee's reinstatement to his
position upon return from a temporary leave of absence, however, the
Village will permit the employee to resume his last full time status if
the position is still in existence and vacant. If the position no
longer exists, or is filled, the Village will make an active effort to
place the employee in the most comparable position as soon as one
becomes available in the Police Department.
HE
If an employee is determined by appropriate professionals to be
permanently disabled as the result of an off -the -job injury or illness,
the employee shall be terminated effective on the date of such decision
by the Village Manager.
Military Leave
A. Full time, non -probationary employee(s) who leave active employment
for the purpose of being inducted, entering, determining physical
fitness to enter, or performing training duty in the armed forces
or Coast Guard, either by enlistment, draft or recall, will be
granted a Leave of Absence.
Upon the expiration of such Leave of Absence, each employee will
be restored to his/her former job classification or to a position
of like seniority, status and pay, unless circumstances of the
Village have so changed as to make it impossible or unreasonable
to do so. This will be done provided:
1. Application for re-employment is made within ninety
(90) days after discharge from active service or
hospitalization continuing after discharge for a period
of not more than one (1) year.
2. Application for re-employment is made by the employee
within thirty-one (31) days after release from performing
training duty or rejection before performing any active
duty, of not less than three (3) months.
3. Employee presents certificate showing satisfactory
completion of service.
4. Employee's voluntary period of enlistment or recall to
active duty does not exceed four (4) years, plus a one (1)
year additional voluntary extension of active duty if this
is at the request and for the convenience of the
Government.
B. Any employee who, as a member of a military reserve unit of the
United States or State of Illinois, attends training assignments,
shall be given leave - not to exceed fourteen (14) calendar days
a year. This special leave shall in no way affect Vacation,
Sick Leave or other Emergency Leave benefits of the employee's
job status. The employee will receive full pay during the
absence which shall be computed at an amount equal to one hundred
percent (100%) of base pay, less any wage payments made by the
reserve unit of the United States or the State of Illinois.
20
ARTICLE XVIII
INSURANCE
Section 1. Coverage
The Village shall continue to try to make available to full time
police officers and their dependents, substantially similar group
health and hospitalization insurance, group dental benefits, and life
insurance coverage as existed prior to the signing of this Agreement.
The Village reserves the right to self -insure or utilize group
insurance carriers, as it deems appropriate. The Village will notify
the Union of any changes in insurance, and upon request, will discuss
these changes prior to implementation.
Section 2. Cost of Medical, Dental and Life Insurance
Effective for the 1991-1992 fiscal year, the Village will
contribute 85% of the designated premium cost of participation in the
Village Plan (including the dental plan) for both single and family
coverage or 85% of the cost of participation in one of the HMO's for
both single and family coverage and the employee shall contribute 15%
of the cost for the program and coverage selected. This provision
shall be retroactive to the extent that the employee shall be
responsible for paying 50% of the difference between the amount, if
any, the employee already contributed toward the cost of group medical
coverage and dental coverage and 15% of the cost for the program
selected for the 1991-1992 fiscal year. The resulting amount shall be
deducted from the retroactive pay that the employee is entitled to
receive.
Effective for the 1992-1993 fiscal year, the Village will
Contribute 85% of the designated premium cost of participation in the
Village Plan (including the dental plan) for both single and family
coverage or 85% of the cost of participation i one of the HMO's for
both single and family coverage and the employee will contribute 15% of
the cost for the program and the coverage selected, provided that the
1992-1993 premium costs shall not be more than 10% higher than the
1991-1992 premium costs.
Effective for the 1993-1994 fiscal year, the Village will
contribute 85% of the designated premium cost of participation in the
Village Plan (including the dental plan) for both single and family
coverage or 85% of the cost of participation in one of the HMO's for
both single and family coverage and the employee will contribute 15% of
the cost for the program and the coverage selected; provided, however,
the maximum amount that the employee will be required to contribute
will not be more than 15% above the amount that employees were required
to contribute for the coverage selected during the 1992-1993 fiscal
year. If the premium cost for 1993-1994 is more than 15% above the
premium cost for 1992-1993, the Village will pay the amount that
exceeds said 15% increase.
21
Other than providire that the co-insurance level shall be 80/20 on
the first ;5,000, the Village's insurance plan will not be materially
changed during either the 1992-93 or 1993-94 fiscal years. At no time
during the term of this Agreement will bargaining unit employees be
required to pay more for insurance than any other :il,zoe emplovee.
The Villaee will provide life insurance coverage for each officer
in an amount equal to each officer's basic annual salary. Dependent
life insurance in the amounts of $5,000 for an officers spouse and
03,000 for each dependent will also be provided by the Village. A.
Supplemental Life Insurance Program will also be available. Officers
wishing to participate in this coverage will contribute 100' of the
total cost if approved by the insurance company.
Section 3. Ccst Containment
The Villaee reserves the right to institute cost con.tairrent
measures relative to insurance coverage so long as the basic level of
insurance benefits remains substantially the same. Such chances may
include, but are not limited to, mandator.: second opinions for elective
surgery, pre -admission and continuing admission review, prohibition on
reekend admissions except in emergency situations, and mandater«
outpatient elective surgery for certain desionated surgical procedur-s.
Section 4. Section 125 Flex Program
Effective upon ratification of the Agreement by Loth parties,
employees will have the right to participate in the Pillage Section 1H
Flex Program on the same terms and conditions applicable to ether
riillace employees.
ARTICLE XIX
'.:AGES
Section 1. Vaae Schedule for May 1, 1591.. 1992 and 1SS3
Employees shall be compensated for the periods follos�,ir,q May 1,
1991, 1992 and 1993 in accordance with the following wage schecule
attached to this Agreement as Appendix C.
Section 2. Petroactivitv
Employees covered by this Agreement who are still on the active
payroll as of the beginning of the next payroll period immediately
following ratification of this Aoreement by both parties shall receive
a retroactive payment which shall be based cn all hours paid between
May 1, 1991, and the beginning of said payroll period and what they
would have been paid during the same period of time based on the
provisions of this Agreement, including any step increments that they
would have been eligible to receive since May 1, 1991. In addition,
any employee who retired after May 1, 1991, but before the date of this
Agreement was ratified by both parties shall also be eligible for
retroactive pay based on hours paid after Play 1, 1991.
22
tion 3. Step increases on Anniversary Date
Effective May 1, 1991, employees who are otherwise eligible for a
step increase shall move to the next step on their anniversary date
rather on May 1. Example: A police officer who was hired on Duly 1,
19C9, and who is at Step 2 as of May 1, 1991, shall be eligible to move
to Step 3 on July 1, 1991, rather than May 1, 1992.
ARTICLE ;;X
EMPLOYEE ALCOHOL AND DRUG TESTING
Section 1. Statement of Police
It is the policy of the Village that the public has the absolute
right to expect persons employed by the Village in its Police
Department will be free from the effects of drugs and alcohol. The
Village, as the employer, has the right to expect its employees to
report for vicrk fit and able for duty and to set a positive example for
the community. The purposes of this policy shall be achieved in such
manner- as not to violate any established constitutional rights of the
officers of the Police Department.
Section 2. Prohibitions
Officers shall he prohibited from:
(a) Abusing prescribed drugs, or consuming or possessive alcohol
at any time during or just prior to the beginning of the
work day or anywhere on any Village premises or job sites,
including Village Euildir.c's properties, vehicles or the
officer's personal vehicle while engaged in ;'illage business,
except as may be necessary in the performance of duty.
(b) Possessing, using, selling, purchasing or delivering any
illegal drug at any time and at any place, except as may be
necessary in the performance of duty.
(c) `ailing to report to the employee's supervisor any known
adverse side effects of medication or prescription drugs
which the employee may be taking.
Section 3. Drug and Alcohol testing Permitted
Where the Village has reasonable suspicion to believe that: (a)
an officer is being affected by the use of alcohol; or (b) has abused
prescribed drugs; or (c) has used illegal drugs, the Village shall have
the right to require the officer to submit to alcohol or drug testing
as set forth in this Agreement. The Village may also require an
officer to randomly submit to alcohol or drug testing where the
employee is voluntarily assigned to a departmental drug enforcement
group for a period of at least thirty (30) days and where such
23
officer's duties are primarily related to drug enforcement. The
foregoing shall not limit the right of the Village to conduct any tests
it may deem appropriate for persons seeking employment as police
officers prior to their date of hire, or upon promotion to another
position within, the Department.
Section 4. Order to Submit to Testing
Within forty-eight (48) hours of the time the officer is ordered
to testing authorized by this Agreement, the Villaae shall provide the
officer with a written notice setting forth the facts and inferences
which form the basis of the order to test. Refusal to submit to such
test may subject the employee to discipline, but the officer's taking
of the test shall not be construed as a waiver of any objection or
rights that he or she may possess.
Section 5. Tests to be Conducted
In conducting the testing authorized by this Agreement, the
Village shall:
(a) Use only a clinical laboratory or hospital facility
which is certified by the State of Illinois to perform
drug and/or alcohol testing.
(b) Establish a chain of custody procedure for both sample
collection and testing that will insure the integrity
of the identity of each sample and test result.
(c) Collect a sufficient sample of the same bodily fluid or
material from an officer to allow for initial screening,
a confirmatory test and a sufficient amount to be set
aside reserved for later testing if requested by the
officer.
(d) Collect samples in such a manner as to preserve the
individual officer's right to privacy while insuring a
high degree of security for the sample and its freedom
from adulteration. Officers shall not be witnessed by
anyone while submitting a sample except in circumstances
where the laboratory or facility does not have a
"clean room" for submitting samples or where there is
reasonable suspicion that the officer may attempt to
compromise the accuracy of the testing procedure.
(e) Confirm any sample that tests positive in initial screening
for drues by testing the second portion of the same sample
by gas chromatography/mass spectrometry (GC/MS) or an
equivalent or better scientifically accurate and accepted
method that provides quantitative data about the detected
drug or drug metabolites.
24
(f) Provide the officer tested with an opportunity to have the
additional sample tested by a clinical laboratory or
hospital facility of the officer's choosing, at the
officer's own expense, provided the officer notifies the
Village within seventy-two (72) hours of receiving the
results of the test that he desires to have the additional
sample tested.
(g) Require that the laboratory or hospital facility report
to the Village that a blood or urine sample is positive
only if both the initial screening and confirmation test
are positive for a particular drug. The parties agree that
should any information concerning such testing or the
results thereof be obtained by the Village consistent
with the understandings expressed herein (e.g. billing
for testing that reveal the nature or number of test
administered), the Village will not use such information
in any manner or form adverse to the officer's interests.
(h) Require that with regard to alcohol testing, for the
purpose of determining whether the officer is under the
influence of alcohol, test results showing an alcohol
concentration of .040 or more based upon the grams of
alcohol per 100 milliliters of blood shall be considered
a positive test result, while test results showing an
alcohol concentration of .039 or less shall be considered
a negative test result.
(i) Provide each officer tested with a copy of all information
and reports received by the Village in connection with
the testing and the test results.
(j) Insure that no officer is the subject of any adverse
employment action except emergency temporary reassignment
or relief of duty with pay during the pendency of any
testing procedure, except that an officer may be suspended
without pay or otherwise disciplined for reasons unrelated
to the test, or if the test result registers positive.
Section 6. Right to Contest
If disciplinary action is not taken against an employee based in
whole or in part upon the results of a drug or alcohol test, the Union
and/or the officer, with or without the Union, shall have the right to
file a grievance concerning any testing permitted by this Agreement,
contesting the basis for the order to submit to the test, the right to
test, the administration of the tests, the significance and accuracy of
2s
the test, or any other alleged virlation of this Agreement. Such
grievances shall be commenced at Step 2 of the Grievance Procedure.
Further, if disciplinary action is taken against an officer based in
part upon the results of a test, then the Union and/or the officer,
with or without the Union, shall have the right to file a grievance
concerning any portion of the test if the discipline is not so extreme
as to invoke thejurisdiction of the Villaee Board of Fire and Police
Commissioners. if the discipline is sufficiently extreme as to invoke
the jurisdictior of the Village Board of Police Comm.issioners, then the
Union and/or the officer, with or without the Union, shall have the
right to contest any testing permitted by this Agreement before the
Board of Fire and Police Commissioners. Any evidence concerning test
results which is obtained: in violation of the standards contained in
this Article shall not be admissible in any disciplinary proceeding
involvine the officer.
Section 7. Richt to Discipline
The '✓il149e shail have the right to ciscipiine officers, or recoirinend
discipline against officers as may be appropriate, for violations of
this Article. Where a violation of Section 2(a) is found, the Village
for a first-time offender may recommend disciplinary action up to but
not in.cludin^ termination, so long as the offender voluntarily seeks
treatment, counselling or other support for the alcohol or prescribed
drug abuse problem, so long as:
(a) The officer agrees to appropriate treatment as determined
by the physician(s) involved.
(b) The officer discontinues his abuse of prescribed drugs,
use of illegal drugs or abuse of alcohol.
(c) The officer completes the course of treatment prescribed,
including an "after-care" croup for a period of up to
twelve (12) months.
(d) The officer agrees to submit to raneom testir.e during work
hours throughout the period of "after-care".
Officers who do not agree to or act in accordance with the
foregoine shall be subject to discipline, up to and including
discharge. Additionally, where a violation of Section 2(b) is found,
officers shall be subject to discipline up to and including discharge.
Section 8. Voluntary P.eouests for Assistance
The Village shall take no adverse employment action against any
officer who voluntarily seeks treatment, counselling or other support
for an alcohol or drug related problem, other than the Village may
require reassignment of the officer with pay if he is unfit for auty in
his current assignment. The foregoing is conditioned upon:
26
(a) The officer agreeing to appropriate treatment as
determined by the physician(s) involved.
{b) The officer discontinuing his abuse of prescribed drugs,
use of illegal druas or abuse of alcohol.
(c) The officer completing the course of treatment prescribed,
including an "after-care" group for a period of up tc
twelve (I2) months.
(d) The officer agreeing to submit to random testing during
.work hours throughout the period of "after-care".
Officers w,ho do not agree to or act in accordance with the foregoing
shall be subject to discipline up to and including discharce.
Nothing in this Section or Article shall allow an officer to avoid
discipline resulting from an ongoing investigation, or discipline for
violation of Departmental rules other, than rules prohibiting an rfficer
from being under the influence of alcohol or prescribed drugs. This
Article shall not be construed as an obligation on the part of the
'tillage to retain ar. employee on active status throughout the period cf
rehabilitation if it is appropriately determined that the officer's
current use of alcohol or drugs prevents such individual from
performing the duties of a police officer or whose continuance on
active status would constitute a direct threat to the property and
safety of others. Such officer shall be afforded the opportunity, at
his option, to use accumulated paid leave or take an unpaid leave of
absence pending treatment.
ARTICLE XXI
CGNFLICT WITH LAW,
If any prevision of this Agreement is subsequently declared by
legislative or judicial authority to be unlawful, unenforceable, or riot
in accordance with applicable statutes or ordinances, all other
provisions of this Agreement shall remain in full force and effect for
the duration of this Agreement and parties will meet and bargain over
replacement of the urlawful or unenforceable provision.
ARTICLE XXIT
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement
between parties, and concludes collective bargaining between the
parties for its term. Before the Employer implements an overall change
in past practice which has a direct and significant effect on emplovee
wages, hour or working conditions, the Employer will offer to discuss
the change with the Union (except in case of emeraency).
27
The parties acknowledge that during the negotiations which
resulted in this Aqreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject
or matter not removed by law or ordinance from the area of collective
bargaining, and that the understandings and agreement arrived at by the
parties after the exercise of that right and opportunity are set forth
in this Agreement. The Union specifically waives any right it might
have to impact or effects bargaining for the life of this Agreement.
ARTICLE XXIII
OYEE WELLNESS AND FITNESS
If there is any question concerning an employee's fitness for
duty, or fitness to return to duty, the Police Chief may require that
the employee have an examination by a qualified, licensed physician of
the Village's choice. The Village will pay the cost of any such
examination.
ARTICLE XXIV
DURATION OF AGREEMENT
This Agreement shall be effective as of May 1, 1991, and shall
remain in full force and effect until 11:59 P.M. on the 30th day of
April, 1994. It shall be automatically renewed from year to year
thereafter unless either party shall notify the other in writing at
least one hundred twenty (120) days prior to the expiration date of
this Agreement. In the event that such notice is given, negotiations
shall begin no later than ninety (90) days prior to the anniversary
date. The provisions of this Agreement shall continue in effect so
long as the parties are engaged in good faith negotiations or are
exercising their impasse procedure rights under the Illinois Public
Labor Relations Act.
Executed this day
For the Village of
Elk Grove Village
)age Manager
age
of J44, 19_
Ml
For the Union
APPENDI:; "A"
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL
974 CLOCK TOWER DRIVE
SPRINGFIELD, ILLINOIS 62704
hereby authorize
my employer, , to deduct
from my wages the uniform amount of monthly dues set by the Illinois
Fraternal Order of Police Labor Council, for expenses connected with the
cost of negotiating and maintaining the collective bargaining agreement
between the parties and to remit such dues to the Illinois Fraternal Order
of Police Labor Council as it may from time to time direct.
Dai- Address:
City:
State: Zip:
Telephone
Please remit all. dues deductions to:
Illinois Fraternal Order of Police Labor Council
974 Clock Tower Drive
Springfield, IL 62704
(217) 698-9433
GRIEVANCE
APPENDIX "B"
o
' (use oddlflonol sheets where necessary)
m
Department:
Date Filed:
O
Grievant's Name:
Last
First
MA.
STEP ONE
m
a
x
Date of Incident or Date Knew of Facts Giving Rise to Grievance:
Article(s) and Secttons(s) of Contract violated:
Briefly state the facts:
1
c
r
Remedy Sought:
>
z
n
r..
Given To:
Date/Time:
?
Grievant's Signature
FOP
Representative Signature
EMPLOYER'S STEP ONE RESPONSE
Employer Representative Signature
Position
Person to Whom Response Given
Date
STEP TWO
Reasons for Advancing Grievance:
Given To:
Date/Time:
Grievant's Signature
FOP Representative Signature
EMPLOYER'S STEP TWO RESPONSE
Employer Representative Signature
Position
Person to Whom Response Given
Date
STEP THREE
Reasons for Advancing Grievance:
Given To: Date/Time:
Grievant's Signature
EMPLOYER'S STEP THREE RESPONSE
Employer Representative Signature
Person to Whom Response Given
STEP FOUR
Reasons for Advancing Grievance:
Given To: Date/Time:
FOP Representative Signature
Position
Date
Grievant's Signature FOP Representative Signature
EMPLOYER'S STEP FOUR RESPONSE
Employer Representative Signature
Person to Whom Response Given
Position
Date
REFERRAL TO ARBITRATION by Illinois FOP Labor Council
Person to Whom Referral Given Date
s.EOP Labor CouneA Representative
LC-2/Rev.3-91 "M`
APPENDIX "C"
WAGE SCHEDULE
Section 1. Wa,Z}el�alary rate- effective MaY 1 1991
STEP AN\TUAL SALARY
1.
(Entrance)
$28,080
2.
After 1 full year of service
29,582
3.
After 2 full years of service
31,635
4.
After 3 full years of service
33,457
5.
After 4 full years of service
35,2S9
6.
After 5 full years of service
37,CS1
7.
After 6 full years of service
39,270
Section 2. WI-ge /Salary rate- effective May 1 1992
TEP
'A\ --\I- AI- SALARY
1.
(Entrance)
$ 29,203
2.
After 1 full year of service
31,077
3.
After 2 full years of service
32,95
4.
After 3 full years of service
34,826
5.
After 4 full years of service
36,701
6.
After 5 full years of service
38,564
7.
After 6 full years of service
40,541
Section 3. Wade/Salary rates effective May 1, 1993
TEP
ANNUAL SALARY
1. (Entrance) S 30,'2''5
2. After 1 full year of service 32,165
3. After 2 full years of service 34,106
4. After 3 full years of service 36,045
5. After 4 full years of service 37 °S5
6. After S full ,years of service 39,914
7. After 6 full years of service 42,4175