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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