HomeMy WebLinkAboutRESOLUTION - 27-99 - 10/26/1999 - LABOR AGREEMENT/EGV FIREFIGHTERSs
RESOLUTION NO. 27-99
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT 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 President 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 President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES:
5
NAYS:
0 ABSENT: 1
PASSED this
26th
day of
October 1999.
APPROVED this
26th
day of
October 1999.
ATTEST:
Ann I. Walsh
Village Clerk
ResLaborAg tFireLoca3339B.Doc
'aig B. Johnson
Village President
ri
AGREEMENT
Between
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
and
ELK GROVE VILLAGE FIREFIGHTERS ASSOCIATION,
LOCAL NO. 33989 INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC
May 1, 1999 Through April 30, 2003
TABLE OF CONTENTS
Page
ARTICLEI - PREAMBLE................................................................................. 1
ARTICLE II - RECOGNITION............................................................................ 2
ARTICLE III - NON-DISCRIMINATION............................................................... 3
Section 3.1. Discrimination Prohibited.......................................................... 3
Section3.2. Gender................................................................................. 3
ARTICLE IV - UNION SECURITY AND RIGHTS ................................................... 4
Section 4.1. Dues Checkoff....................................................................... 4
Section4.2. Fair Share......................................'....................................... 5
Section 4.3. Union Indemnifrcation.............................................................. 5
ARTICLE V - UNION OFFICERS AND NOTIFICATION ......................................... 7
Section 5.1. Union Officers and Notification to the Union .................................. 7
Section 5.2. Notification to the Village......................................................... 7
ARTICLE VI - MANAGEMENT RIGHTS.............................................................. 8
ARTICLE VII - DISCIPLINE AND DISCHARGE .................................................... 9
Section 7.1. Employee Rights..................................................................... 9
Section 7.2. Employer's Authority............................................................... 9
ARTICLE VIII - DRUG AND ALCOHOL TESTING...............................................10
ARTICLE IX - GRIEVANCE PROCEDURE.......................................................... 12
Section 9.1.
Definition of a Grievance.........................................................
12
Section 9.2.
Procedure............................................................................
12
Section 9.3.
Arbitration...........................................................................
14
Section 9.4.
Limitations on the Authority of the Arbitrator................................15
Section 9.5.
Paid Time............................................................................
16
Section 9.6.
Time Limit for Filing..............................................................
16
Section 9.7.
Responses to Grievances by Supervisory Employees
who
are Union Members.................................................................
16
Section 9.8.
Employee Right to Self -Representation .........................................
17
Section 9.9. Grievances Filed by the Union ................................................... 17
ARTICLE X - NO STRIKE/NO LOCKOUT...........................................................18
Section 10.1.
No Strike...........................................................................18
24
Section 10.2.
Obligations of Union.............................................................18
20
Section 10.3.
No Lockout........................................................................18
19
Section 10.4.
Judicial Restraint..................................................................
18
ARTICLE XI - LABOR MANAGEMENT MEETINGS.............................................19
Section 11.1.
Meeting Request..................................................................19
24
Section 11.2.
Content.............................................................................19
20
Section 11.3.
Attendance.........................................................................
19
Section 11.4.
Representation.....................................................................
19
ARTICLE XII - SENIORITY.............................................................................. 20
Section 12.1.
Definition...........................................................................20
24
Section 12.2.
Probationary Period..............................................................
20
Section 12.3.
Seniority List......................................................................
21
Section12.4.
Layoff...............................................................................21
24
Section12.5.
Recall...............................................................................21
33
Section 12.6.
Termination of Seniority.........................................................
22
ARTICLE XIII - HOURS OF WORK AND OVERTIME...........................................24
Section 13.1.
Application of Article............................................................
24
Section 13.2.
Normal Work Period and Workday ...........................................
24
Section 13.3.
Hourly Rate........................................................................
24
Section 13.4.
Overtime Pay......................................................................
24
Section 13.5.
Applicability of Overtime Pay Provisions to Lieutenants..................25
33
Section 13.6.
Hirebacks...........................................................................25
Section 13.7.
Duty Trades........................................................................26
Section 13.8.
Call -Back Pay.....................................................................
27
Section 13.9.
No Pyramiding....................................................................
27
ARTICLE XIV - WAGES..................................................................................28
Section 14.1.
Firefighters Salaries..............................................................
28
Section 14.2.
Fire Lieutenants Salaries and Merit Adjustments ...........................
30
Section 14.3.
Grievances Over Denial of Merit Pay.........................................32
Section 14.4.
Paramedic Pay.....................................................................32
Section 14.5.
Longevity Pay.....................................................................
33
Section 14.6. Retroactivity....................................................................... 34
Section 14.7. Pay Rate for Firefighters Assigned Inspectional
Services Division Work...................................................................35
ARTICLE XV - INSURANCE............................................................................36
Section 15.1.
Coverage...........................................................................
36
Section 15.2.
Cost of Medical and Dental Insurance ........................................
36
Section 15.3.
Term Life Insurance..............................................................36
Section 15.4.
Employee Assistance Program.................................................37
Section 15.5.
Cost Containment.................................................................
37
Section 15.6.
Section 125 Flex Program.......................................................37
50
Section 15.7.
Insurance Coverage of Retirees ................................................
38
Section 15.8.
Terms of Insurance Policies to Govern .......................................
38
ARTICLE XVI - VACATIONS...........................................................................40
Section 16.1. Amount of Vacation.......................:......................................40
Section 16.2. Vacation Pay.......................................................................41
Section 16.3. Vacation Scheduling..............................................................41
Section 16.4. Limitation on Accumulation of Vacation ..................................... 41
Section 16.5. Pay for Earned but Unused Vacation Upon Termination..................42
ARTICLE XVII - LEAVES OF ABSENCE............................................................43
Section 17.1.
Sick Leave.........................................................................43
Section 17.2.
Emergency Leave.................................................................
43
Section 17.3.
Maternity Leave...................................................................45
Section 17.4.
Paternity Leave....................................................................45
Section 17.5.
Military Leave.....................................................................45
50
Section 17.6.
Jury or Witness Duty Leave....................................................46
50
Section 17.7.
Unpaid Personal Leave..........................................................47
Section 17.8.
Unpaid Personal Leave of Absence for Non -Illness
or Injury Related Activities..............................................................48
ARTICLE XVIII - HOLIDAYS AND HOLIDAY PAY..............................................49
Section 18.1.
Designation of Holidays.........................................................49
Section 18.2.
Eligibility Requirements.........................................................
49
Section 18.3.
Pay for Holiday Work...........................................................49
Section 18.4.
Holiday Time Off.................................................................50
Section 18.5.
Floating Holidays.................................................................
50
Section 18.6.
Scheduling of Floating Holidays and Paid Holiday Time Off .............
50
ARTICLE XIX - GENERAL PROVISIONS...........................................................51
Section 19.1.
Bulletin Boards....................................................................
51
Section 19.2.
Ratification and Amendment....................................................51
Section 19.3.
Termination Effect................................................................
51
Section 19.4.
Physical Fitness...................................................................
51
Section 19.5.
Uniforms...........................................................................
52
Section 19.6.
Secondary Employment..........................................................53
Section 19.7.
Fitness Examinations.............................................................
53
Section 19.8.
Subcontracting.....................................................................54
Section 19.9.
Maintenance of Specific Working Conditions ...............................
54
Section 19.10.
Notice of Fire Service Training Opportunities .............................
55
Section 19.11.
Safety Committee.......................................................................
56
Section 19.12
.Legal Counsel.............................................................................56
Section 19.13
On the Job Injury.........................................................................57
Section 19.14.
Shift and Station Assignments
57
Section 19.15.
Paychecks and Envelopes......................................................
57
Section 19.16.
Paramedics........................................................................57
Section 19.17.
Promotions.....................................................................
58
Section 19.18.
Personnel File....................................................................58
Section 19.19.
Residency.........................................................................
58
Section 19.20.
Rules and Regulations..........................................................
58
Section 19.21
Acting Officer Pay
.....58
ARTICLE XX - SAVINGS CLAUSE....................................................................59
ARTICLE XXI - ENTIRE AGREEMENT..............................................................60
ARTICLE XXII - TERMINATION...................................................................... 61
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 "IAFF" or the
"Union") effective May 1, 1999.
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ARTICLE II
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.
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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.
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
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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 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)
WE
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 Village. 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.
M
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.
M
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, Ill. 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/MS 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.
-tl-
(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 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.
(fj 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.
_12_
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,
-13 -
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. 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
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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. The management representative at this step shall be the Village
Manager or his designee. All conditions, time limits, and
constraints as were applied at previous steps apply to this step,
except that the Village Manager or his designee shall have
fourteen (14) calendar days to respond.
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
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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
arbitration 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 shall 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 Authority 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 during the processing
of the grievance at the steps prior to arbitration. The arbitrator shall be without
-16 -
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 Filina. No grievance shall be entertained or
processed unless it is submitted at Step 1 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 parry 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
- 17-
which
7-
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.
Section 9.9. Grievances Filed by the Union. Any grievance filed 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.
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.
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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.
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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.
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Section
2t-
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 there are excess paramedics, qualification to
perform paramedic duties as a certified paramedic will control over seniority in
determining the order of layoff, unless the more senior employee is also a certified
paramedic.
Section 12.5. Recall. Employees who are laid off shall be placed on a recall
list for a period of twenty-four (24) months. 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 without
further training, and subject to passing a physical examination to determine current
fitness to perform the work to which they are recalled. Notwithstanding the
foregoing, if a firefighter/paramedic or firefighter/EMT-B is eligible for recall but
is not currently certified, he shall nevertheless be reinstated to a firefighter position
with the understanding that the Fire Chief has the right, if the Fire Chief determines
there is a need, to direct him to regain his paramedic or EMT -B certification,
whichever is applicable.
Employees who are eligible for recall shall be given thirty (30) calendar days'
notice of recall (with the first of the thirty (30) days being the date the notice to the
employee is postmarked). The notice of recall shall be sent to the employee by
certified mail, return receipt requested, with a copy to the Union President. The
employee must notify the Fire Chief or his designee of his intention to return to
work within seven (7) calendar days after receiving notice of recall. The Village
shall be deemed to have fulfilled its obligations by mailing the recall notice by
_22_
certified mail, return receipt requested, to the mailing address last provided by the
employee, it being the obligation and responsibility of the employee to provide the
Fire Chief or his designee with his latest mailing address. If an employee fails to
timely respond to a recall notice, his name shall be removed from the recall list.
If the Village has not received confirmation that the employee has received the
recall notice within fourteen (14) calendar days of mailing a properly addressed
notice of recall, the employee's name shall be removed from the recall list.
Section 12.6. Termination of Seniority. Seniority for all purposes and the
employment relationship shall be terminated, subject to appropriate review by the
Board of Fire and Police Commissioners, if the employee:
(a) quits;
(b) is discharged and not reinstated;
(c) retires or is retired, subject to statutory reinstatement rights from a
disability pension;
(d) fails to report to work at the conclusion of an authorized leave of
absence, layoff or vacation, except for good cause shown due to
circumstances beyond the control of the employee;
(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
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(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.
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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 (112) 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.
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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.
Section 13.5. Applicability of Overtime Pay 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.
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An employee 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.
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,
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including
27 -
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.
ARTICLE XIV
WAGES
Section 14.1. Firefighters Salaries.
Effective May 1. 1999, all steps of the salary schedule shall be increased
across-the-board by three and one-half percent (3.5 %). In addition, firefighters shall
receive an equity adjustment of 3.7 % for 1999 only . Accordingly, effective May
1, 1999, employees covered by this Agreement shall be paid on the basis of the
following annual salaries:
Step
Description*
Annual Salary
1
Starting
$36,783
2
After completion of 1 year
40,135
3
After completion of 2 years
43,487
4
After completion of 3 years
46,839
5
After completion of 4 years
50,191
6
After completion of 5 years
53,546
* 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. 2000, all steps of the salary schedule shall be increased
across-the-board by three and one-half percent (3.5%). Accordingly, effective
May 1, 2000, employees covered by this Agreement shall be paid on the basis of
the following annual salaries:
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Step Description
Annual Salary
1 Starting
$38,070
2 After completion of 1 year
41,540
3 After completion of 2 years
45,010
4 After completion of 3 years
48,480
5 After completion of 4 years
51,950
6 After completion of 5 years
55,420
Effective May 1. 2001, all steps of the salary schedule shall be increased
across-the-board by three and one-half percent (3.5 %). Accordingly, effective May
1, 2001, employees covered by this Agreement shall be paid on the basis of the
following annual salaries:
Step Description
1 Starting
2 After completion of 1 year
3 After completion of 2 years
4 After completion of 3 years
5 After completion of 4 years
6 After completion of 5 years
Annual Salary
$39,402
42,994
46,568
50,178
53,770
57,360
Effective May 1.2002, all steps of the salary schedule shall be increased
across-the-board by three and one-half percent (3.5 %). Accordingly, effective May
1,2002, employees covered by this Agreement shall be paid on the basis of the
following annual salaries:
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Step
Description
Annual Salary
1
Starting
$40,781
2
After completion of 1 year
44,498
3
After completion of 2 years
48,215
4
After completion of 3 years
51,932
5
After completion of 4 years
55,649
6
After completion of 5 years
59,368
Section 14.2. Fire Lieutenants Salaries and Merit Adjustments.
1999-2000. Effective May 1,1999, the pay range maximum for fire
lieutenants shall be increased by seven and two tenths percent (7.2%) to $62,842.
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.
All Fire lieutenants will receive a seven and two tenths percent (7.2%)
increase not to exceed the range maximum, or an increase sufficient enough to bring
them up to the level of five percent (5 %) above the top step for a firefighter. (see
attached listing of lieutenants 1999-2000 pay)
2000-2001. Effective May 1,2000, the pay range maximum for fire
lieutenants shall be increased by four and one-half percent (4.5%) to $65,670. 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 "meets standards" shall receive a merit adjustment of between 0
percent and 2.5 percent. Employees whose annual average evaluation from their
immediate supervisor on a numeric standard "exceeds standards" shall receive a
merit adjustment of 3 percent. Employees whose annual average annual evaluation
"far exceeds standards" shall receive a merit adjustment of 3.5 percent. Employees
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may also be given an additional merit adjustment of up to 1 percent on the basis of
an evaluation by the fire chief.
In addition to the foregoing merit adjustments for the 2000-2001 fiscal year,
the Fire Chief may, with prior approval of the Village Manager, award a range
adjustment of up to 2 percent.
2001-2002. Effective May 1,2001, the pay range maximum for fire
lieutenants shall be increased by four and one-half percent (4.5%) to $68,625. 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 "meets standards" shall receive a merit adjustment of between 0
percent and 2.5 percent. Employees whose annual average evaluation from their
immediate supervisor on a numeric standard "exceeds standards" shall receive a
merit adjustment of 3 percent. Employees whose annual average annual evaluation
from their immediate supervisor "far 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.
In addition to the foregoing merit adjustments for the 2001-2002 fiscal year,
the Fire Chief may, with prior approval of the Village Manager, award a range
adjustment of up to 2 percent.
2002-2003. Effective May 1, 2002, the pay range maximum for fire
lieutenants shall be increased by four and one-half percent (4.5%) to $71,713. 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 "meets standards" shall receive a merit adjustment of between 0
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percent and 2.5 percent. Employees whose annual average evaluation from their
immediate supervisor on a numeric standard "exceeds standards" shall receive a
merit adjustment of 3 percent. Employees whose annual average annual evaluation
from their immediate supervisor "far 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.
In addition to the foregoing merit adjustments for the 2002-2003 fiscal year,
the Fire Chief may, with prior approval of the Village Manager, award a range
adjustment of up to 2 percent.
Section 14.3. Grievances Over Denial of Merit Pav. If a lieutenant alleges
that the Village has arbitrarily and capriciously denied him a merit adjustment, he
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. 1999, 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.
Effective May 1. 2000, 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 $2,850 per year.
Effective May 1. 2001, 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 $2,950 per year.
Effective May 1. 2002, 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 $3,000 per year.
An employee who is certified and assigned to paramedic duties for only part
of the year shall receive a prorated paramedic stipend.
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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 LongevitX. Effective May 1. 1999, 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.
Effective May 1, 2000, 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.
Effective May 1. 2001, 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 $300.00 amount per year;
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Firefighters with fifteen to twenty years of service shall receive an
additional $400.00 amount per year;
Firefighters with over twenty years of service shall receive an
additional $500.00 amount per year.
Effective May 1. 2002, 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 $400.00 amount per year;
Firefighters with fifteen to twenty years of service shall receive an
additional $500.00 amount per year;
Firefighters with over twenty years of service shall receive an
additional $650.00 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. Retroactivity. 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
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1, 1999 but before the effective date of this Agreement shall also be eligible to
receive retroactive pay based on the hours worked between May 1, 1999 and the
date of retirement. Payment shall be made on an hour for hour basis for all regular
hours actually worked since May 1, 1999, as well as all hours of paid leave and
vacation, holiday pay or overtime hours between May 1, 1999, 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.
Bros
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, 1999,
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 $3,000.00 for each dependent child
-37 -
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.
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 Coverage 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 converts a disability pension to a normal retirement pension, the
employee shall be eligible to 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
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with claimants, and such representatives will assist claimants in processing claims
which the Village agrees are well founded under the applicable policy or plan.
BERM
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
After 1 yr. through 4 yrs.
After 5 yrs. thru 9 yrs
After 10 yrs. through 14 yrs.
After 15 yrs. through 19 yrs.
After 20 yrs. through 24
After 25 yrs.
Annual Vacation
5-24 hour shifts
8-24 hour shifts
9-24 hour shifts
10-24 hour shifts
12-24 hour shifts
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
After 1 yr. through 4 yrs.
After 5 yrs. through 9 yrs.
After 10 yrs. through 14 yrs.
After 15 yrs. through 19 yrs.
After 20 yrs. through 24
After 25 yrs.
Annual Vacation
6-24 hour shifts
9-24 hour shifts
10-24 hour shifts
11-24 hour shifts
13-24 hour shifts
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,
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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 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,
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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.
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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.
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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.
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:
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.
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Section
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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 employee who, as a member
of a military reserve unit of the United States or the State of Illinois, attends summer
training, shall be given leave, not to exceed fourteen (14) consecutive calendar days
a year.
This reserve training leave shall in no way affect vacation, sick leave, or
other benefits.
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 Dg , 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.
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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 he 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
sm
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.
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.
K,sm
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. Eligibility Requirements. To be eligible for holiday pay
employees 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. Pay for Holiday Work. 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
IKIM
worked on said holiday. In addition, the employee shall be paid his regular pay for
the day in question.
Section 18.4. Holiday 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 employed for less than the entire calendar year, the employee
shall receive floating holidays in accordance with the following schedule:
Period of Employment
3 months or less
4th through 6th month
7th through 9th month
10th through 12th month
Number of F1oatinE Holidays
1
2
3
4
Section 18.6. Scheduling of Floating Holidays and Paid Holiday 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 XIX
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
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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.
(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
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with Village funds in good condition, less normal depreciation and destruction in the
course of employment.
Section 19.6. Secondar�ployment. 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 have an
examination by a qualified and licensed 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
MKIE
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 fit 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:
(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.
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(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.
W911
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 the
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
determines should be undertaken, assignment among 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. Safety 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
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employee, if he 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 Injury. Village employees who sustain on-the-
job duty connected injuries are entitled to benefits under the Worker'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, Station, and Apparatus Assignments. Shift, station, and
apparatus 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 ,
station, and apparatus. The bid may include reasons for a change in shift,
station,and apparatus 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. Operational needs may include,
and is not limited to issues such as personality disputes between employees. 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.
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
sec of the Illinois Revised Statutes by providing access to all official Village files.
Section 19.19. Residency. 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.
Section 19.21 Acting Officer Pay. From time to time Fire Department
management recognizes the need to appoint firefighters to "acting" fire lieutenant
positions and to appoint fire lieutenants to "acting" captain positions. In such
cases when such "acting" assignments are made, a five percent (5%) acting pay
stipend will be provided on an hour for hour basis.(This provision shall be
effective on the date this Agreement is signed by both parties.)
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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.
WINE
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 XXII
TERMINATION
Termination in 2003. Unless specifically provided otherwise herein, this
Agreement shall be effective as May 1, 1999 and shall remain in full force and
effect until 11:59 p.m. on the 30th day of April, 2003. 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 26th dav of October, 1999.
VILLAGE OF ELK GROVE VILLAGE
ELK GROVE VILLAGE
FIREFIGHTERS
ASSOCIATION, LOCAL NO.
3398
By Craig B. Johnson By Kevin Quinn