HomeMy WebLinkAboutRESOLUTION - 101-86 - 12/16/1986 - LABOR AGREEMENTRESOLUTION NO. 101-86
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
A LABOR AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND THE FRATERNAL ORDER OF POLICE LABOR COUNCIL/ELK GROVE
VILLAGE LODGE NO. 35
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1: That the Village Manager be and is hereby authorized
to sign the attached document marked:
"AGREEMENT BETWEEN VILLAGE OF ELK GROVE VILLAGE,
ILLINOIS AND FRATERNAL ORDER OF POLICE LABOR
COUNCIL/ELK GROVE VILLAGE LODGE NO. 35 -
EFFECTIVE JANUARY 1, 1987 THROUGH APRIL 30, 1991"
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said document upon the
signature of the Village Manager.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this
APPROVED this
ATTEST:
Patricia S. Smith
Village Clerk
16th
day
of
December
, 1986.
16th
day
of
December
, 1986.
Charles J. Zettek
Village President
AGREEMENT
BETWEEN
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
RAONi07
FRATERNAL ORDER OF POLICE LABOR COUNCIL/
ELK GROVE VILLAGE LODGE NO. 35
JANUARY 1, 1987 THROUGH APRIL 30, 1991
INDEX
Page
ARTICLE
I
PREAMBLE ................................. 1
ARTICLE
II
RECOGNITION .............................. 1
ARTICLE
III
NON-DISCRIMINATION ....................... 2
ARTICLE
IV
DUES CHECK OFF/UNION INDEMNIFICATION ..... 3
Section
Section 1 - Dues Checkoff ................ 3
11
Section 2 - Fair Share ................... 4
2 - Procedure ....................
12
Section 3 - Union Indemnification ........ 6
Section
3 - Paid Time ....................
Section 4 - Fair Representation .......... 6
ARTICLE
V
MANAGEMENT RIGHTS ........................ 7
17
Section 1 ................................. 7
5 - Limitations on Authority of
Section2 ................................ 9
ARTICLE VI NO STRIKE/LOCKOUT ........................ 9
Section 1 ................................ 9
Section2
................................
10
ARTICLE VII
BILL OF
RIGHTS ...........................
10
ARTICLE VIII
GRIEVANCE
PROCEDURE ......................
11
Section
1 - Definition of a Grievance ....
11
Section
2 - Procedure ....................
12
Section
3 - Paid Time ....................
16
Section
4 - Arbitration ..................
17
Section
5 - Limitations on Authority of
Arbitrator ...................
19
ARTICLE IX
LABOR-MANAGEMENT MEETINGS ................
20
Section
1 - Meeting Request ..............
20
Section
2 - Content ......................
20
Section
3 - Attendance ...................
21
ARTICLE X
HOURS OF
WORK/OVERTIME ...................
21
Section1
.. .. ............................
21
Section
2 - Shift Schedule ...............
22
Section
3 - Normal Workweek and Workday ..
22
Section
4 - Overtime Pay .................
23
Section
5 - Court Time ...................
23
Section
6 - Call -Back Pay ................
23
Section
7 - 1st & 2nd Off Duty Day Work ..
24
Section
8 - Required Overtime ............
24
Section
9 - No Pyramiding ................
24
ARTICLE XI SENIORITY.... 25
Section 1 - Definition ................... 25
Section 2 - Termination of Seniority
and Employment ............... 25
Section 3 - Reductions in the Work Force . 26
ARTICLE XII UNION OFFICERS AND NOTIFICATIONS ......... 27
Section 1 ................................ 27
Section2 ................................ 27
ARTICLE XIII BULLETIN BOARD ........................... 28
ARTICLE XIV SUB -CONTRACTING .......................... 28
ARTICLE XV VACATION....... 29
Section 1 - Vacation Time Accrual and
Eligibility .................. 29
Section 2 - Vacation -Taking Procedures ... 31
Section3 ................................ 32
ARTICLE XVI HOLIDAYS ................................. 33
Section 1 ................................ 33
Section2 ................................ 34
Section3 ................................ 34
Section4 ................................ 35
ARTICLE XVII SICK LEAVE ............................... 35
Section1 .. ........................... 35
Section 2 - Sick Leave Accrual ........... 36
Proof of Illness ............. 36
Usage ................... 37
Notification of Usage ........ 37
Section 3 - Emergency Leave .............. 37
Personal Temporary Leave of
Absence...................... 38
Military Leave ............... 39
ARTICLE XVIII INSURANCE
................................
41
Section1
- Coverage .....................
41
Section
2
- Cost of Medical, Dental and
Life Insurance ...............
42
Section
3
- Cost Containment .............
43
Section
4
- Alternative Health Care Plans.
44
ARTICLE XIX WAGES ....................................
44
Section
1
- Wage Schedule for May 1, 1987,
1988 and 1989 ................
44
Section
2
- Wage Reopener for May 1, 1990.
45
Section
3
- Legislative Cost Increases ...
45
ARTICLE
XX
DRUG TESTING .............................
46
ARTICLE
XXI
CONFLICT WITH LAW ........................
47
ARTICLE
XXII
ENTIRE AGREEMENT .........................
47
ARTICLE
XXIII
TERMINATION OF AGREEMENT .................
48
APPENDIX "A" - UNION DUES CHECKOFF FORM
APPENDIX "B" - WAGE SCHEDULE
C
ARTICLE I
PREAMBLE
This agreement is entered into by the Village of Elk Grove
Village, Illinois, (hereinafter referred to as the "Village"), and
the Illinois Fraternal Order of Police Labor Council/Elk Grove
Village Lodge No. 35, (hereinafter referred to as the "Union"),
effective January 1, 1987.
ARTICLE II
RECOGNITION
The Village hereby recognizes the Union as the sole and exclusive
Collective Bargaining representative for full time permanent
police officers only (hereinafter referred to as "employees"), but
excluding all non -sworn, civilian, and supervisory employees (this
includes all officers of the rank of sergeant and above), and all
other supervisory and non -supervisory employees of the Department
and Village, for the purpose of collective bargaining in respect
to rates of pay, wages, hours of employment and conditions of
employment applicable to this bargaining unit.
2
ARTICLE III
NON-DISCRIMINATION
Section 1.
The Village and the Union agree they will not discriminate against
any person with respect to employment in accordance with Title VII
of the 1964 Civil Rights Act, Section 503 of the Rehabilitation
Act of 1973, the Equal Pay Act of 1963, the Age Discrimination in
Employment Act of 1967, or the Vietnam Era Readjustment Assistance
Act of 1973.
Nor shall the Village or the Union discriminate against any
employee on the basis of membership or nonmembership in the
Union.
Section 2.
Whenever a specific gender is used in this agreement, it shall be
construed to include both male and female police officers.
3
ARTICLE IV
DUES CHECK OFF
UNION INDEMNIFICATION
Section 1. Dues Checkoff
while this Agreement is in effect, the Village will deduct from
each Union member's paycheck once each pay period a uniform,
regular sum of money for Union dues for each employee in the
bargaining unit who has filed with the Village a voluntary
checkoff authorization in the form set forth in Appendix A of this
Agreement.
A Union member desiring to revoke the dues checkoff authorization
may do so by written notice to the Village at any time during a
sixty (60) day period prior to the annual anniversary date of the
contract, in each year during the life of the contract.
The actual dues amount deducted, as determined by the Union, shall
be a uniform amount for each employee.
If an employee has no compensation due for a given pay period, the
Village shall not be responsible for collection of said Union
12
dues. The Union agrees to refund to the employee any amounts of
money paid to the Union in error by the Village under this dues
checkoff provision. The Union may change the fixed uniform dollar
amount not more than once each year during the life of this
Agreement. The Union will give the Village sixty (60) days written
notice of any such change in the amount of uniform dues to be
deducted.
Section 2. Fair Share
Any present officer who is not a member of the Union shall, as a
condition of employment, be required to pay a fair share fee (not
to exceed the amount of Union dues) of the cost of the collective
bargaining process, contract administration in pursuing matters
affecting wages, hours, and other conditions of employment, but
not to exceed either the amount of dues uniformly required of
members or eight dollars ($5.00) per officer per month. All
officers hired on or after the effective date of this Agreement
and who have not made application for membership shall, on or
after the thirtieth (30) day of their hire, also be required to
pay a fair share fee as defined above.
The Village shall with respect to any officer in whose behalf the
Village has not received a written dues checkoff authorization as
provided in Section 1 above, the Village shall deduct from the
5
wages of the officer the fair share financial obligation,
including any retroactive amount due and owing to the effective
date of the Agreement, and shall forward such amount to the Union
on the tenth (10th) day of the month following the month in which
the deduction is made, subject to the following:
(1) The Union has certified to the Village that the affected
officer has been delinquent in his obligations for at least
thirty (30) days;
(2) The Union has certified to the Village that the affected
officer has been notified in writing of the obligation and
the requirement for each provision of this Article and that
the employee has been advised by the Union of his obligations
pursuant to this Article and of the manner in which the Union
has calculated the fair share fee;
(3) The Union has certified to the Village that the affected
officer has been given a reasonable opportunity to prepare
and submit any objections to the payment and has been
afforded an opportunity to have said objections adjudicated
before an impartial arbitrator assigned by the employee and
the Union for the purpose of determining and resolving any
objections the officer may have to the fair share fee.
E
Any officer who objects to paying a fair share fee to the Union
may in writing so notify the Union and the Village of such
objection. The officer may thereafter make arrangements to
transmit each month the regular fair share amount to a bona fide
charity of the officer's choosing in lieu of transmitting such
amount to the Union. The officer shall provide evidence of such
payments to the Village upon request.
Section 3. Union Indemnification
The Union shall indemnify, defend and save the Village harmless
against any and all claims, demands, suits or other forms of
liability (monetary or otherwise) and for all costs that shall
arise out of or by reason of action taken or not taken by the
Village in complying with the provisions of this Article. If an
improper deduction is made, the Union shall refund directly to the
employee any such amount and report same to the Village five (5)
days prior to the issuance of the next payroll check.
Section 4. Fair Representation
The Union recognizes its responsibility as bargaining agent and
agrees to fairly represent all employees in the bargaining unit,
whether or not they are members of the Union.
W
ARTICLE V
MANAGEMENT RIGHTS
Section 1.
It is understood and agreed that the Village possesses the sole
right, authority and responsibility to operate and direct the
employees of the Police Department and the Village in all aspects,
including, but not limited to, all rights and authority exercised
by the Village prior to the execution of this Agreement, except as
modified in this Agreement. These rights include, but are not
limited to:
a. The right to determine its mission, policies, and all
standards of service offered to the public;
b. To plan, direct, schedule, control and determine the
operations or services to be conducted by the employees of
the Police Department and the Village.
c. To determine the methods, means, and number of personnel
needed to carry out the departmental operations and services;
d. To direct the work force;
e. To hire and assign or to transfer employees within the
department or police related functions;
f. To promote, demote, suspend, discipline or discharge
employees for cause;
i-3
g. To lay off or relieve employees of duty;
h. To make, publish, and enforce rules and regulations including
reasonable rules pertaining to secondary employment;
i. To introduce and use new or improved methods, equipment, or
facilities;
j. To contract for goods and services;
k. To take any and all actions that may be necessary to carry
out the mission of the Village and the Police Department in
situations of civil emergency or marshall law.
If in the sole discretion of the President and Board of Trustees,
the Village Manager, or other authorized representative, it is
determined that a civil emergency or marshall law condition
exists, including, but not limited to, riots, civil disorders,
tornado conditions, floods, accidents or other similar situations,
the provisions of this Agreement may be suspended by the President
of the Board of Trustees or the Village Manager provided that wage
rates and monetary fringe benefits shall not be suspended and that
the provisions of this section shall not limit an employee's right
to invoke the grievance procedure and protection under the Bill of
Rights.
It is agreed that the processing of any grievance occurring during
this activity beyond step 1 of the grievance procedure shall be
delayed until a time when this condition or the results of this
condition no longer hamper normal business activity.
M
Section 2.
The President and Board of Trustees has the sole authority to
determine the purpose and mission of the Village and the amount of
budget necessary to accomplish those purposes and missions
thereto.
ARTICLE VI
NO STRIKE/LOCKOUT
Section 1.
During the term of this Agreement, neither the Union nor its
agents, nor employees or members, for any reason will authorize,
institute, aid, encourage, condone or engage or participate in a
slow down, speed-up, work stoppage, strike or any other organized
interference, such as the "blue flu," with the work and the
statutory function or obligations of the Police Department or the
Village; or engage in any other concerted activity contrary to
established Police Department policy. During the term of this
10
Agreement neither the Village, nor its agents for any reason shall
authorize, institute, aid, or promote any lock -out of police
officers covered by this Agreement. Neither the Union nor it's
agents or any officer shall refuse to cross any picket line, while
on duty, or engaged in activities associated with their oath of
office.
Section 2.
Any officer who violates the provisions of Section 1. of this
Article shall be subject to immediate discharge. Any action taken
by the Village against any officer who participates in action
prohibited by Section 1. above shall not be considered as a
violation of this Agreement and shall not be subject to the
provisions of the grievance or arbitration procedure.
ARTICLE VII
BILL OF RIGHTS
The employer agrees to follow, and be bound by, the procedures set
forth in Chapter 85 -2551 -through 2569 of the Illinois Revised
11
Statutes, commonly known as the Peace Officers Bill of Rights.
Any alleged violation of this article shall not be subject to the
grievance procedure.
ARTICLE VIII
GRIEVANCE PROCEDURE
Section 1. Definition of a Grievance
A grievance is defined as a dispute or difference of opinion
raised by an employee, the Union, or the Village claiming that an
expressed written provision of this Agreement has been violated,
except that any dispute or difference of opinion concerning
disciplinary matters including but not limited to suspension
without pay or discharge, or other issues subject to the
jurisdiction of the Elk Grove Village Fire and Police Commission
shall not be considered a grievance under this Agreement and
therefore are not subject to the grievance or arbitration
procedures. Appeals to the Elk Grove Village Fire and Police
Commission will be limited to the propriety of the discipline
imposed or the issue in question.
12
Section 2. Procedure
It is to the benefit of both parties that issues falling under the
jurisdiction of this provision be raised and settled in a prompt,
timely fashion. Consequently, the following steps and time limits
shall be followed:
Step 1 An employee, with or without his Union representative, who
has cause to feel that the Village has violated an expressed
written provision of the Agreement may verbally discuss the issue
with his immediate supervisor. If verbally identified, the
grievant must specifically state that he is raising a grievance
under the contract and he must identify the specific article(s)
and section(s) of the contract which he alleges have been
violated. If identified in the written form, the grievance shall
include all appropriate facts as listed in the second step of the
procedure. The issue must be raised within seven (7) calendar
days from the time the grievant becomes aware of or had the
opportunity to be aware of the alleged violation.
The supervisor may address the issue immediately or may postpone
discussion with the employee to a mutually satisfactory time.
Following discussion of the facts and any investigations of the
circumstances surrounding the allegation, the supervisor will
13
respond to the employee in a manner equal to the method of
identification. The supervisor shall respond no later than seven
(7) calendar days from the date of submission.
Step 2 If the issue is not resolved in step one, the employee
shall be entitled to take the issue to the second step of the
procedure within five (5) calendar days from the date he has
received the response from the immediate supervisor. The issue at
the second step shall be submitted in written form to the
employees shift Lieutenant or his designee. The written form
shall contain the following information:
1.
Date
submitted
in writing,
2.
Date
of alleged
violation,
3. Specific contractual provision(s) alleged to have
been violated,
4. Statement of facts giving rise to the
dispute,
5. Date discussed with immediate supervisor,
6. Date of and the substance of the response of
the immediate supervisor,
7. Point(s) of disagreement with supervisor's
response, and
8. Signature of aggrieved party(s).
The written form shall be dated upon receipt by the Lieutenant.
14
The Lieutenant or his designee shall meet with the employee, with
or without a Union representative, as the employee may desire, at
a mutually satisfactory time within five (5) calendar days of
receipt of the written form. Following discussion of all facts,
and any investigation pertaining to the alleged violation, the
Lieutenant shall respond in writing to the employee. The written
response will be made no later than five (5) calendar days
following the date of the last discussion.
Step 3 If the employee is not satisfied with the answer from the
Lieutenant in step two, he shall be entitled to advance the issue
to the next step of the procedure within five (5) calendar days
from the date of receipt of the Lieutenant's written response.
The issue(s) at the third step shall be submitted in written form
by the employee(s) to the grievant's Police Commander or his
designee as set forth in second step; the response in the second
step; and the points of disagreement.
The Police Commander or his designee, upon receipt of the written
form, will date it.
Within five (5) calendar days, or on a mutually agreed upon date,
following receipt of the written form, the Police Commander or his
designee will schedule a meeting to discuss the issue(s).
Attendance at the meeting by the grievant shall be mandatory.
Following discussion of the issues(s) in this meeting, the Police
15
Commander shall direct a written response to the grievant(s).
This shall occur no later than ten (10) calendar days following
the date the issue was discussed in said meeting.
Step 4 If the Grievant is not satisfied with the answer in step
three, he will be entitled to meet with the Police Chief or his
designee regarding the issue. Notice of such request for a
meeting shall occur within three (3) calendar days following the
date of response by the Police Commander. The issue(s) at the
fourth step shall be submitted in writing by the employee(s) as
set forth in the third step; the response in the third step; and
the point(s) of disagreement, to the Police Chief or his designee.
The Police Chief will, upon receipt, date the written form
submitted. Within five (5) calendar days, or on a mutually agreed
upon date, following receipt of the written form the Police Chief
or his designee will schedule a meeting to discuss the issue(s).
In attendance shall be one person representing the FOP Labor
Council (if it will not delay the meeting), the local Union
President and the grievant(s). The Village will be represented by
persons designated by the Police Chief, and the Village Personnel
Officer or his designee who shall chair the meeting. Following
discussion of the issue(s), the Personnel Officer or designee
shall direct a written response to the grievant(s). This shall
occur no later than ten (10) calendar days following the date the
issue was discussed in said meeting.
OR
Step 5 If the grievant(s) is not satisfied with the answer from
the Personnel officer in step four, a meeting with the Village
Manager will be arranged by the Personnel Officer. The Union's
request for a meeting with the Village Manager shall include a
summary of results and responses given at each preceding step and
a statement detailing unresolved differences. The request shall
be made within three (3) calendar days from the date of receipt of
the Personnel Officer's written response. The Village Manager at
the fifth step will meet with one Union representative on a
mutually agreed upon date. Within ten (10) calendar days of this
discussion, the Village Manager shall respond in writing to the
Union representative.
If the issue is not satisfactorily resolved, the Union
representative may advance the issue to arbitration only if the
Village has failed to respond to the issue or has failed to
accurately interpret the relevant specific provision(s) of the
Agreement. Such request will be made within ten (10) calendar
days from the date of the Manager's response.
Section 3. Paid Time
The grievant(s) and the Union representatives will not be paid by
the Village for any time associated with this procedure.
17
Employees required to be absent from work may use their earned
vacation time, earned floating holidays, or duty trades or an
unpaid absence which will not adversely impact departmental
operations or services as determined by the Department Head or his
designee.
In any instance where the issue is not moved to the succeeding
step of the procedure by the grievant and/or the Union, in a
timely manner, it will be considered resolved on the basis of the
Village's last response. If the Village fails to respond within
the time limits provided, the Grievant(s) may treat the matter as
denied at that step and proceed in a timely fashion to the next
step.
Section 4. Arbitration
The parties shall attempt to agree upon an arbitrator within five
(5) business days after receipt of the notice of arbitration.
Said notice shall contain a full summary of the grievance,
responses made, and grievances not responded to. In the event
that parties are unable to agree upon the arbitrator within said
five (5) day period, the parties shall jointly request the Federal
Mediation and Conciliation Service or the American Arbitration
Association to submit a panel of five (5) arbitrators. The
Village and the Union each have the right to reject one panel of
five names in its entirety and request that a new panel of five
names be submitted. Both the Village and the Union shall have the
right to strike two (2) names from the panel. The party
requesting arbitration shall strike the first two names; the other
party shall then strike two names. The person remaining shall be
the arbitrator.
The arbitrator shall be notified of his selection and shall be
requested to set a time for the hearing, subject to the
availability of Union and Village representatives. The Village
shall select the location for the hearing which shall be within
the Village limits.
The Village and the Union shall have the right to request the
arbitrator to require the presence of witnesses or documents. The
Village and the Union retain the right to employ legal counsel.
The arbitrator shall submit his decision in writing within thirty
(30) calendar days following the close of the hearing or the
submission of briefs by the parties, whichever is later.
More than one grievance may be submitted to the same arbitrator if
both parties mutually agree in writing.
The fees and expenses of the arbitrator and the cost of a written
transcript(s), if any, shall be divided equally by the parties.
19
All other costs shall be paid by the party which incurs such
costs.
Section 5. Limitations on Authoritv of Arbitrator
The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the provisions of this Agreement
during or as part of the arbitrators decision. The arbitrator
shall consider and decide only the question of fact as to whether
there has been no response or a misinterpretation of the specific
provisions of this Agreement. The arbitrator shall be empowered
to determine the issue raised by the grievance as submitted in
writing at the Second Step. The arbitrator shall have no
authority to make a decision on any issue not so submitted or
raised. The arbitrator shall be without power to make any
decision or award which is contrary to or inconsistent with, in
any way, this agreement or applicable laws. Any decision or award
of the arbitrator rendered within the limitations of this Section
shall be advisory to the village and advisory on the Union and the
grievant(s).
20
ARTICLE IX
LABOR-MANAGEMENT MEETINGS
Section 1. Meeting Request
The Union and the Village shall mutually agree that in the
interest of harmonious employee relations, it is desirable that
meetings be held if mutually agreed between Union representatives
and responsible administrative representatives of the Village.
Such meetings shall be requested at least seven (7) days in
advance by either party by placing in writing a request to the
other for a "labor-management meeting" and expressly providing the
agenda for such meeting. Such meetings and locations when
mutually agreed upon, shall be limited to a sharing of general
information of interest to the parties. The seven (7) day notice
period may be waived by written agreement of both parties.
Section 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
21
altering any or all of the terms of this Agreement be carried on
at such meetings. Safety issues may be raised and discussed at
such meetings.
Section 3. Attendance
Attendance at labor-management meetings shall be voluntary on the
employee's part, and attendance during such meetings shall not be
considered time worked for compensation purposes.
ARTICLE X
HOURS OF WORK/OVERTIME
Section 1.
This Article defines the normal hours of work, and establishes the
basis for the calculation of overtime. It is not, however, a
guarantee of hours of work per day, work period, month, or year.
It is not intended to establish a right to compensation in any
form for time not worked except as specifically provided for in
this Article.
22
Section 2. Shift Schedule
The Village shall establish the work schedule for Police Officers
which may be changed from time to time by the Village as
circumstances warrant. While the Village will be the sole
determinant of any changes, prior to implementing any changes the
Village will give affected employees at least 48 clock hours
notice, if possible, as determined by the Department Head.
The Employer's right to assign officers for duty at any time and
at different times during each 28 -day police period remains
unrestricted and unchallenged. Scheduling needs permitting, and
subject to the above sentence, watch assignments effective on
"change day" -shall remain unchanged by the Employer for the
duration of each 28 -day police period. Starting times may be
adjusted by the Employer as circumstances warrant.
Section 3. Normal Workweek and Workday
Except as provided elsewhere in this Article, the normal workweek
shall be a seven (7) day period beginning with the first shift (11
P.M. to 7 A.M.) Sunday night. The normal workday shift will
consist of eight (8) consecutive hours.
23
Section 4. Overtime Pa
Employees shall be paid one and one-half (1-1/2) times their
regular hourly rate of pay: (1) for all hours worked beyond one
hundred sixty (160) which may occur in the designated twenty-eight
(28) day departmental work schedule as required by the Fair Labor
Standards Act; or (2) as provided in Section 7.
For the purposes of this Article, "hours worked" shall mean hours
actually worked and shall not include vacation time, sick leave
time, holiday time, or any other non -work time, as stated in the
Fair Labor Standards Act.
Section 5. Court Time
An officer, who is required by the Village to be in court while
off duty, shall receive a guaranteed minimum of two (2) hours pay
at his regular straight time hourly rate. Actual time spent in
court will be counted toward the accumulation of hours under the
Fair Labor Standards Act for the purpose of determining time and
one-half payment. This provision shall not apply to an officer
beginning or ending his tour of duty.
Section 6. Call -Back Pa
24
A Call Back is defined as an official assignment of work which
does not immediately precede or immediately follow an officer's
regularly scheduled working hours.
All Call Back shall be compensated for at a straight time rate
with a two (2) hour minimum guarantee. Actual time spent on call
back will be counted toward the accumulation of hours under the
Fair Labor Standards Act for the purpose of determining time and
one-half payment.
Section 7. 1st and 2nd Off Duty Day Work
An officer who is required to work on his first or second off-duty
day, will be compensated at a time and one-half rate per hour for
all hours worked during such day(s). This provision shall not
apply to duty trades or other voluntary work period changes.
Section S. Required Overtime
The Chief of Police or his designee(s) shall have the right to
require overtime work and officers may not refuse overtime
assignments.
Section 9. No Pyramiding
Overtime compensation shall not be paid more than once for the
25
same hours under any provision of this Article, this Agreement,
State or Federal law.
ARTICLE XI
SENIORITY
Section 1. Definition
Seniority shall for the purpose of this Agreement be defined as an
employee's length of continuous full-time service with the
Village, excluding temporary service, since his last date of hire
less any deductions due to layoff, leave of absence(s) without pay
or other non -paid breaks in service.
If more than one person is hired on the same day, seniority
preference will be established by final eligibility test score as
posted on the official eligibility list by the Fire and Police
Commission.
Section 2. Termination of Senioritv and Emnlovment
26
Seniority and the employment relationship shall be terminated
when, an employee:
a) quits;
b) retires or is retired;
c) is discharged for cause;
d) fails to report with or without prior notice
for work for two (2) consecutive working
days;
e) is laid off and fails to report for work
within three (3) working days after having
been recalled;
f) does not report for work immediately
following termination of a scheduled
vacation, leave of absence, conclusion of
sick leave except for circumstances completely
beyond his control;
g) is laid off for a period in excess of
two (2) years;
h) accepts employment with one or more
employers elsewhere consisting of
twenty-five (25) hours or more per week.
Section 3. Reductions in the Work Force
Should it become necessary to reduce the work force in the Police
Officer classification for any reason as approved by the Village
27
Board, seniority, skill, and ability will be the criteria used to
determine which Police Officer(s) will be laid off, with seniority
controlling where skill and ability are equal.
ARTICLE XII
UNION OFFICERS AND NOTIFICATIONS
Section 1.
For purposes of this Agreement, the term "Union Officers" shall
refer to the Union's Labor Council duly elected President,
Vice -President, and Secretary. All formal notifications to the
Union shall be addressed to the Fraternal Order of Police Labor
Council, President, Lodge No. 35, P. 0. Box 122, Elk Grove
Village, Illinois 60007.
Sectinn 2.
All formal notifications to the Village shall be addressed to the
Village Manager, Village of Elk Grove Village, 901 Wellington
Avenue, Elk Grove Village, Illinois 60007-3499.
HE
ARTICLE XIII
BULLETIN BOARD
The Village shall permit the Union to utilize sufficient space on
a current bulletin board in.a location readily visible to the
Union members. The bulletin board is to be limited to information
to keep employees advised about Union matters and it shall be
non-political and non-inflammatory, only items approved shall be
posted on the bulletin board. The Union shall submit a written
request to the Department Head for approval accompanied by a copy
of the material requested to be posted.
ARTICLE XIV
SUB -CONTRACTING
It is the policy and practice of the Village to continue to
utilize its employees to perform work they are qualified and
available to perform. However, the Village reserves the right to
contract out any work it deems necessary, consistent with the
Village's lawful authority under Illinois statutes, at any time
29
and in any manner it deems appropriate, without restrictions and
without discussing it with the Union before, during or after such
a decision is made. This provision or its use shall not be
subject to the grievance procedure.
ARTICLE XV
VACATION
Section 1. Vacation Time Accrual and Eligibility
Vacation is earned in the year prior to its being taken.
A. Vacation Accrual
1. From 0 months of service through completion of 48 months
of service eligible employees will accrue vacation credits at
the rate of 6.67 hours per month of service.
2. From 49 months of service through completion of 108
months of service eligible employees will accrue vacation
credits at the rate of 10.0 hours per month of service.
30
3. From 109 months of service through completion of 168
months of service eligible employees will accrue vacation
credits at the rate of 12.0 hours per month of service.
4. From 169 months of service through completion of 228
months of service eligible employees will accrue vacation
credits at the rate of 13.34 hours per month of service.
5. From 229 months of service through completion of 288
months of service eligible employees will accrue vacation
credits at the rate of 15.33 hours per month of service.
6. From 289 months of service and thereafter, eligible
employees will accrue vacation credits at the rate of 16.67
hours per month of service.
B. Vacation Eligibility
1. After completing one (1) full year of continuous service,
an employee is eligible for 10 Days of vacation.
2. After completing five (5) full years of continuous
service, an employee is eligible for 15 Days of vacation.
31
3. After completing ten (10) full years of continuous
service, an employee is eligible for 18 Days of vacation.
4. After completing fifteen (15) full years of continuous
service, an employee is eligible for 20 Days of vacation.
5. After completing twenty (20) full years of continuous
service, an employee is eligible for 23 Days of vacation.
6. After completing twenty-five (25) full years of
continuous service, an employee is eligible for 25 Days of
vacation.
Section 2. Vacation-Takina Procedures
A. Eligible employees, upon completion of one (1) full year of
continuous service, must take accrued vacation from their
first twelve (12) months of continuous service prior to
December 31, of the calendar year in which they complete one
(1) full year of service, except that employees hired in the
last quarter of the calendar year will have their accrued
vacation for the first twelve (12) months of service
automatically carried over into the next calendar year unless
otherwise directed by the Department Head.
32
B. Employees not covered by "A" above must take vacation accrued
in the previous twelve month period prior to December 31 of
the vacation -taking year.
C. Vacations schedules will be determined by the Department Head
based on seniority on the shift to be scheduled. However,
the needs of the Village in scheduling work shall be the
controlling criterion.
D. Vacations shall be taken in increments of full workdays and
shall be taken in week-long intervals. The Police Chief may,
for organizational reasons, permit the use of vacation time
in less than week-long intervals. officers may use all
earned vacation at.one time provided necessary manpower
requirements as determined by the Village can be maintained.
Unused vacation shall be forfeited without compensation. If
vacation is denied by the Village and there is insufficient
available time in the current year to schedule such vacation,
it may be carried over into the following calendar year.
Section 3.
Upon voluntary or involuntary termination of employment, a full
time permanent employee shall receive compensation for all accrued
33
and unused vacation time at the average of the pay rate in force
when the vacation was first accrued and the pay rate in force at
the time of termination. Specifically excluded from this
provision are all probationary employees who terminate, or are
terminated, prior to the completion of their full probationary
period.
Advancements in the use of vacation days may be made at the
discretion of the Department Head with the Village Manager's
approval.
Scheduled vacations may be cancelled or changed by the Department
Head or his designee when the needs of the Department require as
determined by the Department Head or his designee dictate.
ARTICLE XVI
HOLIDAYS
Section 1.
Each full time police officer will be given 8 floating holidays
and 3 fixed holidays. The fixed holidays shall be New Year's Day,
RIP
Thanksgiving Day and Christmas Day.
Floating Holidays can be scheduled when vacation schedules are
set. Floating Holidays shall be taken in increments of full work
days. Floating Holidays may be scheduled together but in no case
shall more than five (5) floating holidays be scheduled
consecutively. Floating Holiday schedules will be determined by
the Department Head based on seniority on the shift to be
scheduled. The needs of the Village in scheduling work shall be
the controlling criterion in scheduling Floating Holidays.
Holidays which remain unused as of December 31 of each year and
which were unable to be taken through no fault of the employee
shall be compensated at a straight time rate. No carry-over of
floating holidays shall be allowed.
Section 2.
To be eligible for pay for holiday(s), employees must work the
full scheduled day before and the full scheduled day immediately
following the holiday(s). If absent either or both of these days
due to claimed illness, the Village may require medical proof of
such illness.
Section 3.
35
Employees who terminate their employment with the Village during
the calendar year shall not receive any compensation for any
unused floating holidays, scheduled or not.
Section 4.
Employees classified as permanent full-time employees, and whose
probationary period ended subsequent to January 1, shall receive
an equal number of floating holidays, less the number of any fixed
or floating holidays already celebrated during their probationary
period.
ARTICLE XVII
SICK LEAVE
Section I_.
Sick leave is not a right but a benefit granted by the Village in
order to provide an employee protection against a loss of pay for
a specific period of time due to illness. Sick leave has no other
36
economic value and it cannot be converted into any other form of
compensation at any time during or after employment with the
Village. Upon separation from the Village, accrued, unused sick
leave will be forfeited.
Misuse or abuse of sick leave is a serious matter which cannot be
tolerated by the Village or the Union. The Union shall join the
Village in making efforts to correct the misuse or abuse of sick
leave wherever and whenever it may be suspected of occurring.
Abuse of the sick leave benefit shall be cause for disciplinary
action up to and including discharge.
Section 2.
Sick Leave Accrual
Employees will accrue sick leave at a rate of one work day for
each calendar month of service up to a maximum of one hundred and
twenty (120) days.
Proof of Illness
Medical proof of illness and/or recovery, of an employee, after
three or more consecutive days of absence due to claimed illness,
or after absence(s) due to illness of an employee's family member,
may be required by the Department Head before any employee may
return to work or receive sick leave benefits. Failure to provide
such proof within five (5) calendar days from the date of request
37
by the Village, or at the time any employee returns to work,
whichever is shorter, shall be grounds for disciplinary action up
to and including discharge.
Usage
Sick leave shall be used in increments of no less than one-half
(1/2) of a work day. Employees who request sick leave prior to
the expiration of one-half of their work day shall be charged with
one day of sick leave. Employees who request such time off after
the expiration of one-half of their work day shall be charged
one-half (1/2) sick day leave.
Notification of Usage
Notification of absence due to sickness shall be given to the
on -duty supervisor as soon as possible on the first day of such
absence and every day thereafter (unless this requirement is
waived by the Department Head), but no later than sixty (60)
minutes before the start of the employee's work shift unless it is
shown that such notification was impossible. Failure to properly
report an illness will be treated as an absence without pay and
may subject the employee to disciplinary measures up to and
including discharge.
Section 3_
Emergency Leave
Employees are eligible for Emergency Leave benefits in the event
M
of the death or serious illness and/or injury in the immediate
family. The days and/or part days used for Emergency Leave shall
reduce the employees sick leave accumulation by an equal amount.
For purposes of this section, immediate family shall include:
spouse; child; brother or sister; parent; grandparents;
grandchild; brother- or sister-in-law; parents-in-law; son- or
daughter-in-law; (no matter where they live), and any other
relative living in the employee's household.
Personal Temporary Leave of Absence
Employee(s) who suffers an off -the -job injury or illness and is
unable to return to work following exhaustion of all of his/her
accrued sick leave benefits, vacation days, and holidays, that
employee upon request may be granted a temporary leave of absence
with the approval of the Village Manager. Such leave of absence
shall begin following the use of all accrued benefits as described
above. If the employee is permitted a temporary leave of absence,
the Village Manager shall set the time period based on the
circumstances in each specific case. No sick leave, vacation,
holiday, or seniority benefits will accrue to the employee during
the temporary leave of absence and any holidays which may occur
during the leave shall be forfeited.
Failure to apply for such leave upon expiration of sick leave
benefits will result in automatic termination.
39
An employee on temporary leave will be permitted to continue his
coverage under the Villages Group Health Insurance, Life Insurance
and/or Dental Insurance at his own expense. Payment for such
coverage shall be made by the 1st of each month to the Village.
The Village does not guarantee the employee's reinstatement to his
position upon return from a temporary leave of absence, however,
the Village will permit the employee to resume his last full time
status if the position is still in existence and vacant. If the
position no longer exists, or is filled, the Village will make an
active effort to place the employee in the most comparable
position as soon as one becomes available in the Police
Department.
If an employee is determined by appropriate professionals to be
permanently disabled as the result of an off -the -job injury or
illness, the employee shall be terminated effective on the date of
such decision by the Village Manager.
Military Leave
A. Full time, non -probationary employee(s) who leave active
employment for the purpose of being inducted, entering,
40
determining physical fitness to enter, or performing training
duty in the armed forces or Coast Guard, either by
enlistment, draft or recall, will be granted a Leave of
Absence.
Upon the expiration of such Leave of Absence, each employee
will be restored to his/her former job classification or to a
position of like seniority, status and pay, unless
circumstances of the Village have so changed as to make it
impossible or unreasonable to do so. This will be done
provided:
1. Application for re-employment is made within ninety (90)
days after discharge from active service or hospitalization
continuing after discharge for a period of not more than one
(1) year.
2. Application for re-employment is made by the employee
within thirty-one (31) days after release from performing
training duty or rejection before performing any active duty,
of not less than three (3) months.
3. Employee presents certificate showing satisfactory
completion of service.
4. Employee's voluntary period of enlistment or recall to
41
active duty does not exceed four (4) years, plus a one (1)
year additional voluntary extension of active duty if this is
at the request and for the convenience of the Government.
B. Any employee who, as a member of a military reserve unit of
the United States or State of Illinois, attends special
training assignments, shall be given leave - not to exceed
fourteen (14) calendar days a year. This special leave shall
in no way affect Vacation, Sick Leave or other Emergency
Leave benefits of the employee's job status. The employee
will receive full pay during the absence which shall be
computed at an amount equal to one hundred percent (1000) of
base pay, less any wage payments made by the reserve unit of
the United States or the State of Illinois.
ARTICLE XVIII
INSURANCE
Section 1. Coverage
The Village shall continue to try to make available to full time
police officers and their dependents, substantially similar group
42
health and hospitalization insurance, group dental benefits, and
life insurance coverage as existed prior to the signing of this
Agreement.
The Village reserves the right to self -insure or utilize group
insurance carriers, to affix benefit levels, and to establish
premium rates, as it deems appropriate. The Village will notify
the Union of any changes in insurance, and upon request, will
discuss these changes prior to implementation.
Section 2. Cost of Medical, Dental and Life Insurance
A. Group Medical Coverage
Prior to January 1, 1987, and each succeeding January 1 for the
duration of this agreement, the Village will continue to make
available to full-time police officers, three health and
hospitalization insurance programs from which each officer will
select one program for his or her coverage. Those programs are
the Village's self-insurance program, and two Health Maintenance
Organization programs. The Village will contribute 100% of the
designated premium cost of participation in the Village Plan for
both single and family coverage. For participation in one of the
two HMO's, the Village will make a contribution equal to 1000 of
the premium rates of the Village Plan toward the premiums of the
43
HMO's. If the premium for either or both of the HMO's is greater
than the premium designated for the Village Plan, officers will be
required to make up the difference. If the HMO premium is equal
to or less than that designated for the Village Plan, the Village
will contribute 1000 of the premium.
B. Dental Program Coverage
The Village will contribute 100% of the monthly premiums each
month for each officer for coverage in the Village's Dental
Insurance Program. Officers wishing dental insurance coverage of
their dependents will contribute 100% of the monthly premiums for
such coverage as identified by the Village.
C. Life Insurance Coverage
The Village will provide life insurance coverage for each officer
in an amount equal to each officer's basic annual salary.
Dependent life insurance in the amounts of $5,000 for an officers
spouse and $3,000 for each dependent will also be provided by the
Village. A Supplemental Life Insurance Program will also be
available. Officers wishing to participate in this coverage will
contribute 100% of the total cost if approved by the insurance
company.
Section 3. Cost Containment
44
The Village reserves the right to institute cost containment
measures relative to insurance coverage so long as the basic level
of insurance benefits remains substantially the same. Such
changes may include, but are not limited to, mandatory second
opinions for elective surgery, pre -admission and continuing
admission review, prohibition on weekend admissions except in
emergency situations, and mandatory outpatient elective surgery
for certain designated surgical procedures.
Section 4. Alternative Health Care Plans
The Village will continue to offer alternative health care plan(s)
more commonly referred to as Health Maintenance Organizations.
The Village will continue to pay an equivalent dollar amount
toward these premiums as it contributes towards the self-insurance
program.
ARTICLE XIX
WAGES
Section 1. Wage Schedule for May 1, 1987, 1988 and 1989
C
45
Employees shall be compensated for the periods following May 1,
1987, 1988 and 1989 in accordance with the following wage schedule
attached to this Agreement as Appendix B. No employee shall
suffer a reduction in base pay as a result of this Agreement.
Wage increases shall occur on May 1st of each year and at no other
time.
Section 2. Wage Reopener for May 1, 1990
The parties agree to reopen negotiations between forty-five (45)
and sixty (60) days prior to May 1, 1990 for the purpose of
negotiating wage rates for the fiscal year beginning May 1, 1990.
No other items or subjects shall be negotiated at this time except
upon mutual agreement of the parties.
Section 3. Leaislative Cost Increases
Should the Illinois General Assembly enact legislation benefitting
officers or immediate families of officers covered by this
Agreement, where the effect is to increase costs to the Village
beyond those which exist at the time this Agreement is executed,
such increased costs shall be charged against the total
compensation package of the employees covered by this Agreement at
the time they are incurred. The Village may thereafter deduct
[-
from wages or benefits provided in this Agreement the amount of
such increased costs. "Legislation benefitting officers of
immediate families of officers" includes but is not limited to
pensions or other retirement benefits, workers compensation or
other disability programs, sick leave, holidays, other paid
leaves, uniform or clothing allowances, training, certification or
educational incentive compensation.
ARTICLE XX
DRUG TESTING
The Village has a responsibility to ensure that its employees have
the physical stamina and emotional stability to perform their
assigned duties. Consequently, the Village may require employees
to submit to urinalysis or other appropriate testing when cause
for such testing is shown to exist. Unlawful use or abuse of
drugs shall be cause for disciplinary action up to and including
discharge.
47
ARTICLE XXI
CONFLICT WITH LAW
If any provision of this Agreement is subsequently declared by
legislative or judicial authority to be unlawful, unenforceable,
or not in accordance with applicable statutes or ordinances, all
other provisions of this Agreement shall remain in full force and
effect for the duration of this Agreement.
ARTICLE XXII
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement
between parties, and concludes collective bargaining between the
parties for its term except for the May 1, 1990 wage reopener
provisions as stated in Article XIX, Schedule B. Before the
Employer implements an overall change in past practice which has a
direct and significant effect on employee wages, hours or working
conditions, the Employer will offer to discuss the change with the
Union (except in case of emergency).
I
48
The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any
subject or matter not removed by law or ordinance from the area of
collective bargaining, and that the understandings and agreement
arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. The Union
specifically waives any right it might have to impact or effects
bargaining for the life of this Agreement.
ARTICLE XXIII
TERMINATION OF AGREEMENT
This Agreement shall be effective as of January 1, 1987, and shall
remain in full force and effect until 11:59 P.M. on the 30th day
of April, 1991. It.shall be automatically renewed from year to
year thereafter unless either party shall notify the other in
writing at least ninety (90) days prior to the anniversary date
that it desires to modify this Agreement. In the event that such
notice is given, negotiations shall begin no later than forty-five
(45) days prior to the anniversary date.
HE
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.
Executed this
For the Village of
Elk Grove Village
day of December, 1986.
For the Union
y
APPENDIX "r3"
WAGE SCHEDULE
Section 1. Starting rates and Step rates effective May 1, 1967.
STEP
ANNUAL SALARY
1.
(Entrance)
$ 21,757
2.
After
1
full
year
of
service
23,543
3.
After
2
full
years
of
service
25,328
4.
After
3
full
years
of
service
27,114
5.
After
4
full
years
of
service
28,900
6.
After
5
full
years
of
service
30,685
7.
After
6
full
years
of
service
32,471
Section 2. Starting rates and Step rates effective May 1, 1988.
F'il4ai9
ANNUAL SALARY
1.
(Entrance)
$ 22,301
2.
After
1
full
year
of
service
24,159
3.
After
2
full
years
of
service
26,017
4.
After
3
full
years
of
service
27,876
5.
After
4
full
years
of
service
29,734
6.
After
5
full
years
of
service
31,592
7.
After
6
full
years
of
service
33,950
Section 3. Starting rates and Step rates effective May 1, 1989.
STEP
ANNUAL SALARY
1.
(Entrance)
$ 22,859
2.
After
1
full
year
of
service
24,754
3.
After
2
full
years
of
service
26,650
4.
After
3
full
years
of
service
28,545
5.
After
4
full
years
of
service
30,440
6.
After
5
full
years
of
service
32,336
7.
After
6
full
years
of
service
34,731