HomeMy WebLinkAboutRESOLUTION - 24-06 - 6/20/2006 - POLICE LABOR AGREEMENTRESOLUTION NO. 24-06
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
13ETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ELK GROVE
VILLAGE POLICE OFFICERS -METROPOLITAN ALLIANCE OF POLICE ELK
GROVE POLICE CHAPTER #141
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
LABOR AGREEMENT
BETWEEN
METROPOLITAN ALLIANCE OF POLICE
ELK GROVE VILLAGE POLICE CHAPTER #141
AND
VILLAGE OF ELK GROVE VILLAGE
FOR THE PERIOD
MAY 1, 2005 THROUGH APRIL 30, 2010
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 documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 201h day of June 2006.
APPROVED this 201h day of June 2006.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann L Walsh, Village Clerk
AgreementPoliceUn ion
LABOR AGREEMENT
BETWEEN
METROPOLITAN ALLIANCE OF POLICE
ELK GROVE VILLAGE POLICE CHAPTER #141
ME
VILLAGE OF ELK GROVE VILLAGE
For the period
MAY 11 2005 THROUGH APRIL 30, 2010
TABLE OF CONTENTS
ARTICLE I
PREAMBLE..................................................................................................................1
Section 1.1 Preamble.................................................................................................1
ARTICLE II
RECOGNITION...........................................................................................................1
Section2.1 Recognition.............................................................................................1
ARTICLE III
NON-DISCRIMINATION............................................................................................1
Section 3.1 Discrimination Prohibited......................................................................1
Section3.2 Gender....................................................................................................1
ARTICLE IV
DUE5 CHECKOFF/UNION INDEMNIFICATION...................................................2
Section4.1 Dues Checkoff.........................................................................................2
Section4.2 Fair Share...............................................................................................2
Section 4.3 Union Indemnification...........................................................................3
Section4.4 Fair Representation ................................................................................3
ARTICLE V
MANAGEMENT RIGHTS...........................................................................................3
Section5.1 Basic Rights............................................................................................3
Section5.2 Budgetary Authority..............................................................................5
Section 5.3 Work Rules and Regulations.................................................................5
ARTICLE VI
NOSTRHCE/LOCKOUT..............................................................................................5
Section6.1 No Strike.................................................................................................5
Section6.2 Discinline................................................................................................5
ARTICLE VII
BILLOF RIGHTS........................................................................................................6
Section7.1 Basic Rights............................................................................................6
Section 7.2 Right To Representation ........................................................................6
ARTICLE VHI
GRIEVANCEPROCEDURE.......................................................................................6
Section8.1 Definition of a Grievance.......................................................................6
Section8.2 Procedure................................................................................................6
Section8.3 Arbitration..............................................................................................8
Section 8.4 Limitations on Authority of Arbitrator.................................................9
Section8.5 Paid Time................................................................................................9
Section8.6 Time Limits............................................................................................9
ARTICLE IX
LABOR MANAGEMENT MEETINGS....................................................................10
Section 9.1 Meeting Rennes t...................................................................................10
Section9.2 Content.................................................................................................10
Section9.3 Attendance...........................................................................................10
ARTICLE X
LAYOFF AND RECALL....................................................................14
HOURS OF WORK AND OVERTIME.....................................................................10
Section11.1
Section 10.1 Application of Article...........................................................................10
Section 10.2 Shift Schedule.......................................................................................10
Probationary Period.............................................................................14
Section 10.3 Work Cycle, Work Week and Workday.............................................11
Section11.3
Section10.4 Overtime Pay........................................................................................11
Section10.5 Court Time.........................................................................................11
Reductions in the Work Force............................................................15
Section10.6 Call Back..............................................................................................11
Section11.5
Section 11.6
Section10.7 Off-Duty................................................................................................12
Section10.8 Overtime...............................................................................................12
Reinstatement of Seniority..................................................................16
Section10.9 No Pyramiding......................................................................................12
Section10.10 Stand -By Pay.......................................................................................12
Section10.11 Duty Trades..........................................................................................12
Section 10.12 Travel Time and Meal Reimbursements.............................................13
Section 10.13 Educational Incentive...........................................................................13
Section10.14. Compensatory Time.............................................................................13
ARTICLE XI
SENIORITY.
LAYOFF AND RECALL....................................................................14
Section11.1
Definition of Seniority........................................................................14
Section11.2
Probationary Period.............................................................................14
Section11.3
Seniority List.......................................................................................15
Section 11.4
Reductions in the Work Force............................................................15
Section11.5
Section 11.6
Recall....................................................................................................15
Termination of Senioritv.....................................................................15
Section 11.7
Reinstatement of Seniority..................................................................16
ARTICLE XII
VACATION.................................................................................................................16
Section 12.1 Vacation Time Accrual and Eligibility................................................16
Section 12.2 Vacation -Taking Procedures...............................................................17
Section 12.3 Miscellaneous Vacation Provisions......................................................17
ii
ARTICLE XIII
UNION OFFICERS AND NOTIFICATIONS...........................................................18
Section13.1 Notification...........................................................................................18
ARTICLE XIV
BULLETIN BOARD...................................................................................................18
Section14.1 Available Space....................................................................................18
ARTICLE XV
WAGES AND OTHER COMPENSATION..............................................................18
Section 15.1 Waee Schedule for May 1, 2000 through April 30, 2005 ......................18
Section 15.2 Market -Based Equity Adiustment........................................................18
Section 15.3 Step Increases on Anniversary Date.....................................................19
Section 15.4 Longevity Schedule Effective May 1, 2000 ............................................19
ARTICLE XIV
SICK LEAVE AND LEAVES OF ABSENCE...........................................................19
Section16.1
Definition of Sick Leave........................................................................19
Section 16.2
Bereavement Leave. ..................
21
Section16.3
Emereency Leave..................................................................................21
Section16.4
New Infant Leave..................................................................................21
Section 16.5
Personal Temporary Leave of Absence...............................................21
Section16.6
Military Leave.......................................................................................22
Section16.7
Jury Leave.............................................................................................22
Section 16.8
Americans with Disabilities Act...........................................................22
Section 16.9
Family and Medical Leave Act of 1993 ................................................22
Section 16.10 Reauest for Time Off............................................................................22
Section16.11.Sick
Leave Buy-Back............................................................................23
ARTICLE XVII
INSURANCE..............................................................................................................23
Section17.1 Coverage...............................................................................................23
Section 17.2 Cost of Medical and Dental Insurance................................................23
Section17.3 Life Insurance.......................................................................................24
Section17.4 Flex Program........................................................................................24
Section17.5 Cost Containment.................................................................................24
ARTICLE XVIII
H LIDAYS AND PERSONAL DAYS.......................................................................24
Section18.1 Holiday Benefits...................................................................................24
Section 18.2 Eliaibilitv..............................................................................................25
Section 18.3 Pay for Work on Fixed Holidays.........................................................25
Section 18.4 Loss of Floatine Holiday......................................................................25
Section 18.5 Probationary Holiday Benefit..............................................................25
iii
ARTICLE XIX
EMPLOYEE ALCOHOL AND DRUG TESTING ...................................................
25
Section19.1
Statement of Policy...............................................................................25
Section19.2
Prohibitions..........................................................................................26
Section 19.3
Drug & Alcohol Testing Permitted......................................................26
Section 19.4
Order to Submit to Testing..................................................................26
Section 19.5
Tests To Be Conducted........................................................................
26
Section 19.6
Right to Contest....................................................................................28
Section 19.7
Right to Discioline................................................................................28
Section 19.8
Voluntary Requests for Assistance......................................................28
ARTICLE XX
UNIFORM BENEFPI'S...............................................................................................29
Section20.1 Benefits.................................................................................................29
ARTICLE XXI
EMPLOYEE WELLNESS AND FITNESS...............................................................29
Section21.1 Fitness Examination.............................................................................29
Section 21.2 Immunization and Inoculations...........................................................30
ARTICLE XXH
CONFLICTWITH LAW...........................................................................................30
ARTICLE XXHI
ENTIREAGREEMENT.............................................................................................30
ARTICLE XXIV
MISCELLANEOUS PROVISIONS...........................................................................30
Section 24.1 Light DuM............................................................................................30
Section24.2 Outside Emolovment............................................................................30
Section24.3 Personnel File.......................................................................................31
Section24.4 Direct Deposit.......................................................................................31
ARTICLE XXV
SOLICPI'ATION......................................................................................................... 31
ARTICLE XXVI
RESIDENCY...............................................................................................................32
ARTICLE XXVII
DO ATION OF AGREEMENT................................................................................ 32
APPENDIX"A"
WAGES.......................................................................................................................33
iv
M -l"510 11 KM HN
COMPARABLE TOWNS...............................................................................................34
APPENDIX"C"
GRIEVANCE REPORT.................................................................................................35
APPENDIX"D"
SIDE LETTER OF AGREEMENT...............................................................................37
k"I
ARTICLE I
PREAMBLE
Section 1.1
This agreement is entered into by the Village of Elk Grove Village, Illinois, (hereinafter
referred to as the "Village"), and the Metropolitan Alliance of Police, Elk Grove Village Police
Chapter #141 (hereinafter referred to as the "Chapter"), effective, unless otherwise specified, on
the day after signature by both Parties hereto.
ARTICLE II
Section 2.1 Recognition
The Village hereby recognizes the Chapter as the sole and exclusive Collective
Bargaining representative for:
All full-time sworn peace officers in the Village of Elk Grove
below the rank of sergeant.
Excluded: sergeants, commanders, deputy chiefs and chief and all
supervisory, managerial and confidential employees as defined by
the Act, and all other employees of the Village of Elk Grove. It is
agreed that the officers in the ranks of Sergeant and above are
"supervisors," as that term is defined in the Illinois Public Labor
Relations Act.
ARTICLE III
NON-DISCRIMINATION
Section 3.1 Discrimination Prohibited
In accordance with applicable law, neither the Village nor the Chapter shall discriminate
against any employee covered by this Agreement because of race, sex, age, religion, creed, color,
national origin, disability or Chapter membership. Other than Chapter membership, any dispute
concerning the interpretation and/or application of this Article shall be processed through the
appropriate federal or state agency or court rather than through the grievance procedure set forth
in this Agreement.
Section 3.2 Gender
Whenever a specific gender is used in this agreement, it shall be construed to include
both male and female police officers.
ARTICLE IV
DUES CHECKOFF/UNION INDEMNIFICATION
Section 4.1 Dues Checkoff
While this agreement is in effect, the Village will deduct from each Chapter member's or
employee's paycheck, once each pay period, a uniform, regular sum of money for Chapter dues
for each employee in the bargaining unit who has filed with the Village, a voluntary, check -off
authorization in the form set forth in Appendix "D" of this agreement, and shall forward such
amount to the Chapter on the tenth (10th) day of the month following the month in which the
deduction is made. Along with dues, the Village shall include a list indicating the names of the
Chapter members from whom the deductions were made. The Chapter agrees to refund to the
employee(s) any amounts paid to the Chapter in error on account of this dues deduction
provision.
A Chapter member desiring to revoke the dues check -off authorization may do so by
written notice to the Village and the Chapter at any time during a thirty (30) 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 Chapter, shall be a uniform amount for each
employee.
If an employee has no compensation due for a given pay period, the Village shall not be
responsible for collection of said Union dues. The Chapter agrees to refund to the employee any
amounts of money paid to the Chapter in error by the Village under this dues checkoff provision.
The Chapter may change the fixed uniform dollar amount not more than twice each calendar
year during the life of this agreement. The Chapter will give the Village thirty (30) days written
notice of any such change in the amount of uniform dues to be deducted.
Section 4.2 Fair Share
Any present officer who is not a member of the Chapter shall, as a condition of
employment, be required to pay a fair share fee (not to exceed the amount of Chapter dues) of
the cost of the collective bargaining process, contract administration in pursuing matters
affecting wages, hours, and other conditions of employment, but not to exceed the amount of
dues uniformly required of members per month. All officers hired on or after the effective date
of this agreement and who have not made application for membership shall, on or after the
thirtieth (30th) day of their hire, also be required to pay a fair share fee as defined above.
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 4.1 above, deduct from the wages of
the officer the fair share financial obligation, including any retroactive amount due and owing to
the effective date of the agreement, and forward such amount to the Chapter on the tenth (10th)
day of the month following the month in which the deduction is made, subject to the following:
(1) The Chapter has certified to the Village that the affected officer has been
delinquent in his obligations for at least thirty (30) days;
(2) The Chapter 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 Chapter of his obligations pursuant
to this Article and of the manner in which the Chapter has calculated the fair share
fee;
(3) The Chapter 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 Chapter for the purpose of
determining and resolving any objections the officer may have to the fair share
fee.
Any officer who objects to paying a fair share fee to the Chapter may in writing so notify
the Chapter 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 Chapter. The officer shall provide evidence of such
payments to the Village upon request.
Section 4.3 Union Indemnification
The Chapter 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 Chapter shall refund directly to
the employee any such amount and report same to the Village five (5) business days prior to the
issuance of the next payroll check.
Section 4.4 Fair Representation
The Chapter recognizes it's responsibility as bargaining agent and agrees to fairly
represent all employees in the bargaining unit, whether or not they are members of the Chapter.
ARTICLE V
MANAGEMENT RIGHTS
Section 5.1 Basic Rights
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;
To promote or demote employees; or to suspend, discipline or discharge
non -probationary employees for just cause (probationary employees
without just cause of right to appeal);
g. To lay off consistent with the requirements of this Agreement, or to
relieve employees from duty consistent with the requirements of law;
h. To make, publish, and enforce rules and regulations;
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.
1. To determine the means, methods, location, and personnel by which
operations are to be conducted including the right to determine what
services and operations shall be performed by bargaining unit members of
the Police Department and/or whether such services or operations shall be
performed by others both within and without the Department and/or
Village.
If in the sole discretion of the Mayor 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 Mayor or the
Village Manager provided that wage rates and monetary fringe benefits shall not be suspended
and that the provisions of this section shall not limit an employee's right to invoke the grievance
procedure and protection under the Bill of Rights.
It is agreed that the processing of any grievance occurring during this activity beyond
Step 1 of the grievance procedure shall be delayed until a time when this condition or the results
of this condition no longer hamper normal business activity.
Section 5.2 Budgetary Authority
The Mayor and Board of Trustees have 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.
Section 5.3 Work Rules and Regulations
The Village agrees to make available in the Department a copy of its applicable work
rules and regulations where such rules and regulations exist in writing. Whenever the Village
changes rules and regulations or issues new rules and regulations applicable to employees, the
Chapter will be given at least three (3) days prior notice, absent emergency, before the effective
date of the work rules and regulations in order that the Chapter may discuss (but not negotiate)
such rules and regulations with the Chief's designee within that three (3) day period before they
become effective if the Chapter so requests. Work rules and regulations shall be equitably
applied under similar circumstances and shall not conflict with any specific provision of this
agreement.
ARTICLE VI
NO STRIKE/LOCKOUT
Section 6.1 No Strike
During the term of this Agreement, neither the Chapter nor it's 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 statutory function or obligations of the Police
Department or the Village; or engage in any other intentional disruption of the operations of the
Police Department. During the term of this Agreement, neither the Village, nor its agents for any
reason shall authorize, institute, and/or promote any lock -out of police officers covered by this
Agreement. Neither the Chapter nor its agents or any officer shall refuse to cross any picket line,
while on duty, or not engage in activities that are contrary to or inconsistent with their oath of
office.
Section 6.2 Discipline
Any officer who violates the provisions of Section 6.1 of this Article may be subject to
disciplinary action. Any action taken by the Village against any officer who participates in action
prohibited by Section 6.1 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
Section 7.1 Basic Rights
The employer agrees to follow, and be bound by, the procedure set forth in 50 ILCS 725
commonly known as the Peace Officers Bill of Rights. Any alleged violation of this article shall
not be subject to the grievance procedure.
Section 7.2 Right To Representation
Before conducting an investigatory interview which may reasonably be expected to result
in disciplinary action against the employee being questioned, that employee may request that a
Chapter representative be present at Chapter expense. If the employee requests the presence of a
Chapter representative from the employees shift, the Village shall either suspend the
investigatory interview (for a reasonable period of time, not to exceed one (1) hour) until the
Chapter representative can be present or advise the employee that it will not proceed with the
interview unless the employee is willing to enter the interview unaccompanied by a
representative (in which case the Village may act on the basis of information obtained from other
sources).
ARTICLE VIII
Section 8.1 Definition of a Grievance
A grievance is defined as a dispute or difference of opinion raised by an employee, the
Chapter 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.
Section 8.2 Procedure
In order to officially file the grievance under this provision, the grievance must be
reduced to writing and submitted on a completed form identical to that which is attached hereto
as Appendix "C". The written form shall contain the following information:
1. Date submitted in writing;
2. Date of alleged violation;
3. Specific contractual provision(s) alleged to have been violated;
4. Statement of acts giving rise to the dispute;
5. Date presented to immediate supervisor; and
6. Signature of aggrieved party(s).
It is to the benefit of both parties that issues falling under the jurisdiction of this provision
be raised and settled in a prompt, timely fashion. Consequently, the following steps and time
limits shall be followed:
Sten 1 An employee with or without his Chapter representative, who has cause to feel
that the Village has violated an express written provision of the Agreement shall
present the issue to his immediate supervisor in writing. Nothing contained herein
shall be constructed as limiting the right of any employee having a grievance to
discuss the matter informally with an appropriate supervisor prior to filing a
written grievance, and having the grievance adjusted without the intervention of
the Chapter provided the adjustment is not inconsistent with the terms and the
meaning of this Agreement. The issue must be raised within seven (7) calendar
days from the time the grievant becomes aware of or had the opportunity to be
aware of the alleged violation.
The supervisor may meet with the employee, with or without a Chapter
representative, as either party may desire, at a mutually satisfactory time within
seven (7) calendar days of receipt of the written form. Following discussion of the
facts and any investigations of the circumstances surrounding the allegation, the
supervisor or his designees will respond to the employee. The written response
shall be made no later than seven (7) calendar days from the date of the receipt of
the written grievance.
Sten 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 seven (7) calendar days from the
date he has received the written response from the immediate supervisor or his
designee. The issue at the second step shall be submitted on the same written
form, or a copy thereof, to the employee's Commander or his designee.
The written form shall be dated upon receipt by the Commander or his designee.
The commander or his designee may meet with the employee, with or without a
Chapter representative, as either party may desire, at a mutually satisfactory time
within seven (7) calendar days of receipt of the written form. Following
discussion of all facts, and any investigation pertaining to the alleged violation,
the Commander or his designee shall respond in writing to the employee. The
written response will be made on the same grievance form, or a copy thereof, no
later than seven (7) calendar days following the date of receipt of the written step
2 grievance.
Step -3 If the issue is not resolved in step 2, the employee shall be entitled to take the
issue to the third step of the procedure within seven (7) calendar days from the
date he has received the written response from the commander or his designee.
The issue at the third step shall be submitted on the same written form, or a copy
thereof, to the Chief of Police. The written form shall be dated upon receipt by the
Chief of Police. The Chief of Police and/or his designee may meet with the
employee, with or without a Chapter representative, as either party may desire, at
a mutually satisfactory time within seven (7) calendar days of receipt of the
written form. Following any such discussion, and any investigation pertaining to
the alleged violation, the Chief of Police or his designee shall respond in writing
to the employee. The written response will be made on the same grievance form,
or a copy thereof, no later than seven (7) calendar days following the date of
receipt of the step 3 grievance.
Sten 4 If the issue is not resolved in step 3, the employee shall be entitled to take the
issue to the fourth step of the procedure within seven (7) calendar days from the
date he has received the written response from the Chief of Police or his designee.
The issue at the fourth step shall be submitted on the same written form, or a copy
thereof, to the Village Manager. The written form shall be dated upon receipt by
the Village Manager or his designee. The Village Manager or his designee shall
meet with the grievant and a representative of the Chapter within ten(10) days of
receipt of the written step 4 grievance. Within fifteen (15) calendar days of receipt
of the initial grievance form, the Village Manager shall respond in writing to the
Chapter representative.
If the issue is not satisfactorily resolved, the representative may advance the issue
to arbitration. Such request will be made within ten (10) calendar days from the
date of the Manager's response.
Section 8.3 Arbitration
The parties shall attempt to agree on an arbitrator within seven (7) calendar 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 seven (7) 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 Chapter each have the right to reject one panel of five names in its
entirety and request that a new panel of five (5) names be submitted. Both the Village and the
Chapter shall have the right to strike two (2) names from the panel. The party requesting
arbitration shall strike the first name. The other party shall strike a name, and so forth. The
person remaining shall be the arbitrator.
The arbitrator shall be notified of his selection and shall be requested to set a time for the
hearing, subject to the availability of Chapter and Village representatives. The Village shall
select the location for the hearing which shall be within the Village limits.
The Village and the Chapter shall have the right to request the arbitrator to require the
presence of witnesses or documents. The Village and the Chapter retain the right to employ
legal counsel. The arbitrator shall submit his decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties, whichever is later.
More than one grievance may be submitted to the same arbitrator if both parties
mutually agree in writing.
The fees and expenses of the arbitrator and the cost of a written transcript(s), if any, shall
be divided equally by the parties. All other costs shall be paid by the party which incurs such
costs.
Section 8.4 Limitations on Authority of Arbitrator
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the provisions of this Agreement during or as part of the arbitrator's 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, as well as determine
an appropriate remedy, if applicable. The arbitrator shall be empowered to determine the issue
raised by the grievance as submitted in writing at the Second Step. The arbitrator shall have no
authority to make a decision on any issue not submitted or raised. The arbitrator shall be without
power to make any decision or award which is contrary to or inconsistent with, in any way, this
Agreement or applicable laws. Any decision or award of the arbitrator rendered with the
limitations of this Section shall be final and binding upon the Village, the Chapter and the
employees in the bargaining unit.
Section 8.5 Paid Time
The grievant(s) and any employee Chapter representative will not be paid by the Village
for time associated with this procedure, unless requested to attend a meeting by management
called for under this grievance procedure which is held during their regularly scheduled shift
hours, in which case the grievant and one representative shall be paid for all normal work time
spent in the meeting. Employees may transmit a grievance to management during their working
time, or may discuss a grievance with management during working time if, in the supervisor's
judgment, circumstances warrant and work performance will not adversely be affected.
Employees may voluntarily choose to be absent from work under this procedure and may use
their earned vacation time, earned floating holidays, duty trades, or compensatory time off, or
any unpaid absence which will not adversely impact departmental operations or services as
determined by the Department Head or his designee.
Section 8.6 Time Limits
In any instance where the issue is not moved to the succeeding step of the procedure by
the grievant and/or Chapter, in a timely manner, it will be considered resolved on the basis of the
Village's last response. If the Village fails to respond within the time limits provided, the
grievant(s) may treat the matter as denied at the step and proceed in a timely manner to the next
step. The parties may mutually agree to extend any time limit or bypass any steps associated
with this Article.
ARTICLE IX
LABOR MANAGEMENT MEETINGS
Section 9.1 Meetine Request
The Chapter and the Village mutually agree that in the interest of harmonious employee
relations, it is desirable that meetings be held if mutually agreed between Chapter representatives
and appropriate administrative representative 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 9.2 Content
It is expressly understood and agreed that such meetings shall be exclusive of the
grievance procedure. Grievances being processed under the grievance procedure shall not be
considered at "labor-management meetings," nor shall negotiations for the purpose of altering
any or all of the terns of this Agreement be carried on at such meetings. Safety issues may be
raised and discussed at such meetings.
Section 9.3 Attendance
With supervisory permission, which shall not be unreasonably withheld, employees shall
be permitted reasonable time off from duty without loss of pay during their respective working
hours to attend "labor-management" meetings with Village officials in conjunction with this
Article. Officers who attend such meeting while off duty, will receive no compensation for their
attendance and no officer shall earn any overtime compensation under this provision for
attendance at this meeting.
ARTICLE X
HOURS OF WORK AND OVERTIME
Section 10.1 Application of Article.
This Article defines the normal hours of work, and establishes the basis for the
calculation of overtime. It is not, however, a guarantee of hours of work per day, work period,
month, or year. It is not intended to establish a right to compensation in any form for time not
worked except as specifically provided for in this Article.
Section 10.2 Shift Schedule.
Employees' regular shift assignment for the following calendar year shall be posted by
December 1 of the current year. Such assignments, and changes to such assignments, shall be
made consistent with the Side Letter of Agreement attached hereto as Appendix "D". While the
Village will be sole determinate of any changes, prior to implementing any changes the Village
will give affected employees at least forty eight (48) clock hours notice, if possible, as
determined by the department head. In the absolute discretion of the Village and subject to the
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approval of the Chief or the Chiefs designee employees may be permitted to change shifts on
occasion.
Scheduling needs permitted, watch assignments shall be effective on "change day" and
shall remain unchanged by the Employer for the duration of the twenty eight (28) day period
unless there are sound reasons for making such a change and not solely for the purpose of
avoiding overtime. Starting times may be adjusted by the Employer to insure the orderly
performance of services provided by the Village.
Section 10.3 Work Cycle, Work Week and Workday
Except as provided elsewhere in this Agreement or as provided in Appendix "I)", a
normal workday shall consist of eight (8) hours, including a thirty (30) minute lunch break, and
the normal work cycle shall be twenty-eight (28) days. A stated hour for reporting to work
shall be given to each employee. Subject to work needs, and with their supervisor's permission,
employees will generally be allowed a thirty (30) minute paid lunch break and two (2) paid
fifteen (15) minute breaks during a normal workday; if said breaks were not allowed as
scheduled as a result of manpower needs, the Village shall make reasonable efforts to allow each
covered employee to take said breaks at other times as reasonable during the shift.
Section 10.4 Overtime Pay.
Employees will be paid one and one-half (1 1/2) times their regular hourly rate of pay:
For all hours worked in excess of the employee's regularly scheduled work hours,
or
2. As provided in Section 10.7.
For the purposes of this Article "hours worked" shall include all hours worked and paid,
at straight time rates, and non -worked hours paid, including, but not limited to, vacations,
holidays, worker's compensation, jury duty, sick leave and funeral attendance.
Section 10.5 Court Time.
An employee who is required to make court appearances on behalf of the Village during
the employee's off-duty hours will receive pay for all hours worked at the rate of one and one-
half (1 1/2) times the employee's regular hourly rate with a minimum guarantee of two (2) hours
for each court appearance. The minimum guarantee shall not apply if court time continuously
precedes or follows an employee's regularly scheduled working hours, in which case the
employee will be paid only for actual hours worked. In addition, each officer covered by this
agreement shall receive as additional court time pay the payment of one (1) hour of straight -time
compensation at the affected officer's regular straight -time hourly rate of pay for each day in
which the affected officer appears in court on off-duty time.
Section 10.6 Call Back
A call-back is defined as an official assignment of work which does not immediately
precede or immediately follow an officer's scheduled working hours.
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All call-backs shall be compensated for at the appropriate rate of pay (rime and one-half)
with a two (2) hour minimum straight time guarantee.
Section 10.7 Off -Duty
An officer who is required to work on his off-duty day(s) 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 10.8 Required Overtime.
The Chief of Police or the Chiefs designee(s) shall have the right to require overtime
work and officers may not refuse overtime assignments.
For holdovers, in non -emergency situations, the Chief or the Chief s designee as a general
rule shall take reasonable steps to obtain volunteers for holdover overtime assignments among
employees in the division on the prior shift before assigning required overtime work, and if not
filled through a volunteer process by seniority, said assignments shall be filled by reverse
seniority, based on the prior shift. In addition, notwithstanding the above, the Village retains the
right to assign specific individuals to perform specific overtime assignments due to their
qualifications or to complete work in progress.
Section 10.9 No Pvramidina
Overtime compensation shall not be paid more than once for the same hours under any
provision of this Article, this Agreement, State or Federal law.
Section 10.10 Stand -By Pay
Effective May 1, 1997 officers in the bargaining unit shall be paid stand-by pay whenever
they are on "stand-by" based upon the following schedule:
Weekend
$45.00
Fixed Holiday
$60.00
Fixed Holiday on a Weekend
$105.00
Section 10.11 Duty Trades
Employees may request permission to exchange work days with other employees of
similar rank and section, but such request shall not be used to alter established work shifts or
schedules. Such request shall be made in a timely manner (normally twenty-four (24) hours) and
shall normally be granted unless either of the following circumstances are involved:
1. The trade will likely occasion overtime payments to one of the employees
involved in the trade; or
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2. The Department has other work-related reasons for denying the trade which are
neither arbitrary nor capricious.
All approved duty trades shall be paid back before the end of the next twenty-eight (28)
day work schedule of the employee requesting the trade. If a substitute employee works another
employee's scheduled work day in accordance with this section, then the hours worked by the
substitute employee shall only be counted as hours worked by the employee who was originally
scheduled to work that shift. It is expressly understood that as a result of approving a voluntary
request to exchange workdays, the Village will not incur any overtime liability.
Section 10.12 Travel Time and Meal Reimbursements
The employer shall provide police officers covered by this Agreement with travel and
meal reimbursement benefits in accordance with current Village policies.
Section 10.13 Educational Incentive
The Village encourages job-related undergraduate and graduate level accredited college
study by its employees to the fullest extent budgeted by the Village Board. All permanent, full-
time employees with at least one (1) year of service are eligible are eligible for educational
incentive consideration.
In order to encourage self-improvement, thereby increasing the employee's efficiency on
the job, the Village will reimburse a portion of the cost of tuition for courses related to the
employee's job after receiving prior approval by the Chief of Police and Village Manager
consistent with budgetary constraints established by the Village Board. The Village's
contribution will not exceed 75% for undergraduate and graduate study and 100% for study
undertaken at the direction of the Village.
Generally, such courses will only be approved when taken outside normal working hours.
No reimbursement will be authorized unless a grade of "C" or better (satisfactory) has been
awarded. Proof must be presented. To be considered, reimbursement must be applied for
immediately upon successful completion of the course.
All training and education expenditures for the Village are dependent upon a written
application from the employee and prior written approval of the Chief of Police and Village
Manager.
For those employees engaging in professional or specialized training or study wherein the
courses are lengthy and expensive (this includes college study), Village reimbursement will only
be granted when the participant has previously signed an agreement (contract with the Village)
for a specified additional period of work time. In the event this contract is unfulfilled, the
Village will place a claim on the individual's final paycheck for recovery of the reimbursement.
Section 10.14. Compensatory Time.
Effective upon execution of this agreement by the Parties, at the employees option,
overtime including the time and one-half premium pay earned on holidays worked, and pay for
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each holiday, may be accumulated as compensatory time due, calculated at the overtime rate in
lieu of pay. All compensatory time earned, from whatever source, may be earned /or
accumulated to a maximum six (6) days. There shall be no carryover of compensatory hours
unless approved in writing by the Employer; if the carryover is not allowed the accrued
compensatory time shall be paid out at the Officer's current rate on the last day of the fiscal year.
Compensatory time off may only be used in time blocks of eight (8) hours or as provided
in Appendix "D", at a time mutually agreed to between the employee and the employer, with a
minimum of twenty-four (24) hours notice and the following criteria must be met regarding shift
strength: When scheduling compensatory time on the "planning schedule" there must be a
minimum shift strength for public safety of ten (10) or greater for second and third shift and nine
(9) or greater for first shift. When scheduling compensatory time on the monthly duty schedule,
the minimum shift strength will follow department policy, that being a minimum shift strength
for public safety of six (6) for first shift, seven (7) for second shift and eight (8) for third shift.
Should the foregoing be held to violate the FLSA, then this section (10.14) shall automatically
expire by its terms. Minimum shift strength may be increased during specific times of the year or
otherwise as deemed appropriate by the Chief in order to accomplish Departmental needs.
Compensatory time cannot be scheduled on the annual vacation schedule, but can be scheduled
on the planning schedule and/or the monthly duty schedule on a "first come, first served" basis
once the vacation schedule is completed. A compensatory time off day is subject to the same
criteria as a floating holiday or vacation day, i.e. a block of three (3) floating holidays, vacation
days or compensatory days will supercede a compensatory time off day, floating holiday or
vacation day.
ARTICLE XI
SENIORITY. LAYOFF AND RECALL
Section 11.1 Definition of Seniority.
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 Police and Fire
Commission.
Section 11.2 Probationary Period.
The probationary period shall be defined as a twelve month period beginning with the
employees date of hire and ending twelve (12) months from the time the employee begins
employment or receives certification as an Illinois Police Officer, whichever is later. Time spent
absent from work, except for accrued vacation and holiday time, shall not count toward
completion of the probationary period. Probationary employees may be disciplined or discharged
with or without cause.
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Section 11.3 Seniority List.
On or before January 1 each year, the Village will provide the Chapter with a seniority
list setting forth each employee's seniority date. The Village shall not be responsible for any
errors in the seniority list unless such errors are brought to the attention of the Village in writing
within fourteen (14) calendar days after the Chapter's receipt of the list.
Section 11.4 Reductions in the Work Force
Should it become necessary to reduce the work force in the police officer classification
for any reason as approved by the Village Board, the Village will layoff police officers in the
order specified in 65 I.L.C.S.5/10-2.1-18, and as from time to time amended.
Section 11.5 Recall.
Employees who are laid off shall be placed on a recall list for the period required by law.
If there is a recall, employees who are still on the recall list shall be recalled in the inverse order
of their layoff, provided they are qualified to perform the work to which they are recalled with a
minor amount of training.
Employees who are eligible for recall shall be given a notice of recall which shall be sent
to the employee by certified or registered mail, with a copy to the Chapter President. The
employee must give notice to the Village of his intent to return within ten (10) calendar days
after receiving such notice, but this time can be mutually extended. The Village shall be deemed
to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt
requested, to the mailing address last provided by the employee, it being the obligation and
responsibility of the employee to provide the Police Chief or his designee with his latest mailing
address. If an employee fails to timely respond to a recall notice his name shall be removed from
the recall list.
Section 11.6 Termination of Seniority.
Seniority and the employment relationship may be terminated subject to the appropriate
procedures of the Board of Fire and Police Commissioners, when an employee:
(a) quits;
(b) retires (or is retired pursuant to a legal mandatory retirement age adopted and
implemented by the Village);
(c) is discharged for just cause;(probationary employees without cause)
(d) fails to report with or without prior notice for work for two (2) consecutive
working days unless such failure was without just cause.
(e) is laid off and fails to report for work within sixteen (16) calendar days after
having been recalled unless otherwise mutually agreed;
(f) does not report for work immediately following completion of a scheduled
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vacation, or approved leave of absence unless such failure was for just cause.
(g) is laid off during the life of the current agreement, and is not recalled within a
period of time equal to the total duration of the agreement;
Section 11.7 Reinstatement of Seniority
A Police Officer covered by this Agreement shall have any seniority rights reinstated due
to dismissals, layoffs or retirements provided that the Officer who has a break of service of more
than one (1) year must successfully complete a retraining program prescribed and approved by
the Chief of Police and at the Village's expenses under the following conditions:
a. A Police Officer retires due to a disability and is later certified by the Police
Pension Board to be capable of resuming his duties and is returned to work by
the Chief of Police.
b. A Police Officer is separated due to a layoff or reduction in force and is later
reinstated under conditions provided in the Illinois Revised Statutes.
ARTICLE XII
VACATION
Section 12.1 Vacation Time Accrual and Eligibility
Vacation is earned in the year prior to its being taken.
A. Vacation Accrual
YEARS OF SERVICE ACCRUAL RATE
Start Date to end of 48mos 6.67hrs/month
Start of 49 mos. to end of 108mos 10.00hrs/month
Start of 109 mos. to end of 168mos 12.00hrs/month
Start of 169 mos. to end of 228mos 13.34hrs/month
Start of 229 mos. to end of 288mos 15.33hrs/month
Start of 289 mos. 16.67hrs/month
B. Vacation Eligibility
YEARS OF SERVICE ELIGIBILITY
After 1 year 80 hrs
After 5 years 120 hrs
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After 10 years 144 hrs
After 15 years 160 hrs
After 20 years 184 hrs
After 25 years 200 hrs
Section 12.2 Vacation-Takine 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 (I) full year of service,
except that employees hired in the last quarter of the calendar year will have their accrued
vacation for the first twelve (12) months of service automatically carried over into the
next calendar year unless otherwise directed by the Department Head.
B. Employees not covered by "A" above must take vacation accrued in the previous twelve
month period prior to December 31 of the vacation -taking year.
C. Vacations schedules will be determined by the Department Head based on seniority on
the shift to be scheduled. However, the needs of the Village in scheduling work shall be
the controlling criterion.
D. Vacations shall be taken in increments of full work days and shall be taken in intervals of
three (3) days or more. The Employer agrees that it will continue its current practice as
regards the vacation requests per shift allowance. Officers may use all earned vacation at
one time provided necessary manpower requirements as determined by the Village can be
maintained. 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 or will be compensated at the discretion of the chapter member.
Section 12.3 Miscellaneous Vacation Provisions
Upon voluntary or involuntary termination of employment, a full time employee shall
receive compensation for all accrued and unused vacation time at 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 canceled or changed by the Department Head or his
designee when the needs of the Department as determined by the Department Head or his
designee dictate.
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If an approved vacation is canceled and, at the time of the cancellation, the affected
officer informs his supervisor that he will suffer non-refundable out-of-pocket losses (and the
dollar amount of such losses) because of the cancellation, then upon presentation and
confirmation of receipts to that effect, the Officer shall be reimbursed for such amount resulting
from the cancellation. The canceled vacation time shall be credited to the affected Officer's
vacation time.
ARTICLE XIII
UNION OFFICERS AND NOTIFICATIONS
Section 13.1 Notification
For purposes of this Agreement, the term "Chapter" shall refer to the representatives
whose names and addresses shall be provided to the Village. All formal notifications to the
Chapter, unless expressly provided otherwise, shall be addressed to the Metropolitan Alliance of
Police Elk Grove Village Police Chapter #141, President. P. O. Box #122, Elk Grove Village
Illinois 60009 unless otherwise instructed.
ARTICLE XIV
BULLETIN BOARD
Section 14.1 Available Space
The Village shall install a bulletin board with a locking mechanism in an appropriate
location within the police department. The Chief shall be supplied with a key to said bulletin
board. The bulletin boards are to be limited to information to keep employees advised about
Chapter matters and social matters and it shall be non-political and non-inflammatory. The
Chapter shall submit a dated, written and signed copy to the Police Chief or his designee of any
posting at the time of posting.
Under the same conditions as provided above, the Chapter will also have access to
distribution of material with the understanding that copies for distribution and the distribution
itself be done at Chapter expense and/or on non -work time.
ARTICLE XV
WAGES AND OTHER COMPENSATION
Section 15.1 Wade Schedule for May t, 2005 through April 30, 2010.
All current employees shall receive a one-time lump sum $200.00 payment compensating
them for the market based equity adjustment for the 2004/2005 contract year. In addition, all
current employees shall be in accordance with the wage schedule attached to this Agreement as
Appendix "A" effective May 1, 2005 through April 30, 2010.
Section 15.2 Market -Based Equity Adiustment
The Parties agree that effective on May 1, 2005 all employees covered by this Agreement
shall, in addition to their annual increases, have their wages adjusted based upon a "market-based
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equity adjustment" calculated in a percentage amount necessary to place the wage of the Elk
Grove Police Department at the seventh (7 ) step of the wage scale in the ninth (9's) ranked
position of the twenty (20) comparable towns attached hereto as Exhibit "B". The parties further
agree that such computation will be completed no later than September 1 of each year of this
Agreement. All subsequent adjustments shall be retroactive to May I" on each of the respective
contract years.
The Parties also can mutually agree to eliminate certain towns from the comparables
which would not affect the calculation of the wage adjustment. Further, the parties agree that
time is of the essence and that this adjustment shall be made and paid as soon as it is
calculatable.
Section 15.3 Step Increases on Anniversary Date
Employees who are otherwise eligible for a step increase shall move to the next step on
their anniversary date rather on May 1. Example: A police officer who was hired on July 1,
1989, and who is at Step 2 as of May 1, 1991, shall be eligible to move to Step 3 on July 1, 1991,
rather than May 1, 1992.
Section 15.4 Longevity Schedule Effective May 1. 2005
All officers covered by this Agreement, who have completed the appropriate length of
service as stated below, shall receive a lump sum longevity payment on a separate check on that
officers anniversary date of hire: and said payment shall be calculated into the affected officers
regular straight -time hourly rate of pay if, and to the extent required by law.
LONGEVITY AMOUNTS
FULL YEARS OF
SERVICE
5-1-05 to
4-30-06
5-1-06 to
4-30-07
5-1-07 to
4-30-08
5-1-08 to
4-30-09
5-1-09 to
4-30-10
10-14 years
$575.00
$600.00
$625.00
$650.00
$675.00
15-19 years
$675.00
$700.00
$725.00
$750.00
$775.00
20 years and over
$775.00
$800.00
$825.00
$850.00
$875.00
ARTICLE XIV
SICK LEAVE AND LEAVES OF ABSENCE
Section 16.1 Definition of Sick Leave
Sick leave is a benefit provided by the Village to protect an employee against loss of pay
if that employee is unable to work by reason of the employee's non -work related illness, injury or
pregnancy.
In the event of a serious illness in an employee's immediate family, an employee may
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utilize paid sick leave under this section. For purposes of this section, the employee's immediate
family shall be defined as spouse and children of the employee and mother, father, brother and
sister of the employee and the employee's spouse. The employee shall verify the existence of a
serious illness in his/her immediate family when requested to do so in a specific instance by the
Village.
Misuse or abuse of this sick leave benefit may be cause for disciplinary action. The
Chapter 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.
A. 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. For purposes of using
sick leave days, a sick leave day for employees assigned to an eight (8) hour shift will be
eight (8) hours. Employees become eligible for Sick Leave Pay to the extent accrued.
B. Proof of Illness
Medical proof of illness and/or recovery of an employee, after three (3) or more
consecutive work 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 by the Village, or at the time
any employee returns to work, whichever is shorter, may be grounds for disciplinary
action.
C. Usage
Sick leave shall be used on an hour -for -hour basis, with one (1) hour of sick time
deducted for every individual hour absent from work. Sick leave shall also, with as much
advance notice as possible, include any form of preventive medicine or treatment that
requires the employee to take time off during normal hours to see his/her doctor, receive
hospital or clinical services, dental care, optometrist appointment, and other similar
medical attention.
D. 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 report an illness will be treated as an absence without pay and may
subject the employee to disciplinary action.
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Section 16.2 Bereavement Leave.
In the event of a death in the employee's immediate family, as defined in Section 16.3
below, an employee will be granted up to three (3) consecutive work days off, with no loss in
pay. Sick leave accruals will not be reduced by use of this benefit.
Section 16.3 Emereencv Leave.
Employees are eligible for Emergency Leave benefits in the event of serious illness
and/or injury in the immediate family. The days and/or part days used for Emergency Leave
shall reduce the employee's sick leave accumulation by an equal amount.
In an attempt to define this emergency leave benefit, the parties agree that in the case
where an employee experiences an emergency situation which seriously endangers the life and/or
well being of a member of his/her immediate family and/or of his property, the department head
may authorize the use of one (1) emergency leave day. Each situation will be reviewed and
approval will not be unreasonably withheld by the employee's department head, subject to the
overriding needs of the Village to provide police services to the public in the event of
emergency. This Section (16.3) shall not be used by an Officer to justify disobedience of a lawful
order to perform services.
For purposes of this Section immediate family is defined as child; spouse; brother or
sister, parent; grandparents; grandchild; brother- or sister-in-law; parents-in-law; son- or
daughter-in-law; grandparents -in-law (no matter where they live); and any other relative living in
the employee's household.
Section 16.4 New Infant Leave
An employee who is the parent of a newly born infant or adopted infant is eligible to
receive up to three (3) days of New Infant Leave which shall reduce the amount of an employee's
accrued sick leave by an equal amount. Use will be permitted on the day the baby is born, the
day when the parent delivering the baby and the baby come home, and the day after the baby
comes home, provided that they are normal work days.
Section 16.5 Personal Temporary Leave of Absence
Employee(s) who suffer an off -the -job injury or illness and is (are) unable to return to
work following exhaustion of all his/her accrued sick leave benefits, vacation days, and holidays,
and 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 will be forfeited.
Failure to apply for such leave upon expiration of sick leave benefits will result in
automatic termination.
An employee on temporary leave, or on layoff up to eighteen (18) months or until the
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officer on layoff obtains other health insurance coverage, will be permitted to continue his
coverage under the Village's Group Health Insurance, Life Insurance and/or Dental Insurance at
his own expense. Payment for such coverage shall be made by the 1st of the month to the
Village.
The Village does not guarantee the employee's reinstatement to his/her 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.
Section 16.6 Military Leave
The parties agree that the Village may, notwithstanding with any other provision of this
Agreement, take action that is in accord with what is legally permissible under the Act in order to
be in compliance with the Military Leave of Absence Act, so long as it does not diminish or alter
any current contractual or statutory benefit.
Section 16.7 Jury Leave.
Should any bargaining unit employee covered by this agreement be legally required to
serve on a jury, that employee shall be excused from work without loss of regular straight -time
pay in accordance with the current Village Policy for the days or portions thereof on which the
employee must be present for such service and on which the employee would have otherwise
been scheduled to work.
Section 16.8 Americans with Disabilities Act.
The parties agree that the Village may, notwithstanding any other provision of this
Agreement, take action that is in accord with what is legally permissible under the Act in order to
be in compliance with the American With Disabilities Act, so long as it does not diminish or
alter any current contractual or statutory benefit.
Section 16.9 Family and Medical Leave Act of 1993.
The parties agree that the Village may adopt policies to implement the Family and
Medical Leave Act of 1993 that are in accord with what is legally permissible under the Act, and
that do not diminish or limit any benefit currently provided by the Village.
Section 16.10 Renuest for Time Off.
All employees requesting time off, including, but not limited to, vacation, personal time,
or other authorized leave time, shall do so in the following manner:
a. Each employee shall submit a written request on a form designated by the Village
for approval by the Chief of Police or his designee.
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b. It is expressly understood that the final right to approve a request for time off is
reserved by the Chief of Police in order to insure the orderly performance of
services rendered by the Village.
C. Requests for time off shall not be denied without reason.
d. Reasons for denial shall be stated on the requesting form.
Section 16.11. Retirees Sick Leave Buy -Back
Employees covered by this Agreement who retire from the service of the Elk Grove
Village Police Department with at least twenty (20) years of service in the department at the time
of their retirement, shall be compensated upon retirement for certain unused sick days as
described below.
A. Threshold: In order to qualify for any sick leave buyback, the employee must
have in his accrued sick leave bank, at a minimum, 640 of accrued sick leave at
the time of retirement.
B. Amount of Sick Leave Buyback: Effective on the day following the execution of
this Agreement by both Parties, and thereafter, employees qualifying for sick
leave buyback shall receive fifty percent (50%) of the value of all accrued sick
leave hours at the employees rate of pay at the time of retirement.
C. Qualified Medical Savings Plan: If the requisite number of bargaining unit
members so elect, and if otherwise qualified pursuant to Internal Revenue Service
rules and regulations, the affected bargaining unit members sick leave buyback
payments shall be deposited in a qualified medical savings plan in pre-tax dollars.
The use of said funds shall be regulated by the plan, and any administrative costs
shall be paid by the plan or plan participants.
ARTICLE XVII
INSURANCE
Section 17.1 Coverage
The Village shall continue to make available to full time police officers and their
dependents, substantially similar group health and hospitalization insurance, group dental
benefits, and life insurance coverage as existed prior to the signing of this Agreement.
The Village reserves the right to self -insure or utilize group insurance carriers, as it
deems appropriate. The Village will notify the Chapter of any changes in insurance, and upon
request, will discuss these changes prior to implementation.
Section 17.2 Cost of Medical and Dental Insurance
Effective for the term of this Agreement, the Village will contribute 85% of the
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designated premium cost of participation in the Village Plan (including the dental plan) for both
single and family coverage and the employee shall contribute 15% of the cost for the program
and coverage selected.
The Village's insurance plan will not be materially changed during the term of this
Agreement. At no time during the term of this Agreement will bargaining unit employees be
required to pay more for insurance than any other non-union Village employee.
Section 17.3 Life Insurance
The Village will provide term 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 17.4 Flex Program
Effective upon ratification of the Agreement by both parties, employees will have the
right to participate in the Village Section 125 Flex Program on the same terms and conditions
applicable to other Village employees.
Section 17.5 Cost Containment
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 of weekend admissions except in
emergency situations, and mandatory outpatient elective surgery for certain designated surgical
procedures.
ARTICLE XVIII
HOLIDAYS AND PERSONAL DAYS
Section 18.1 Holiday Benefits
Effective May 1, 2005, each full time police officer wilt be given four (4) floating
holidays and eight (8) fixed holidays. The fixed holidays shall be New Year's Day, Martin
Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
Floating Holidays can be scheduled when vacation schedules are set. Floating Holidays
shall be taken in increments of full work days. Floating Holidays may be scheduled together but
in no case shall more than four (4) Floating Holidays be scheduled consecutively. Floating
Holidays schedules wilt be determined by the Department head based on seniority on the shift to
be scheduled. The Employer agrees that it will continue its current practice as regard the floating
holiday requests per shift allowance. 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,
24
shall be compensated at a straight time rate. No carryover of Floating Holidays shall be allowed
Section 18.2 Eligibility
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 dues to claimed illness, the Village may require medical proof of such illness within
twenty-four (24) hours of the employees return to work.
Section 18.3 Pay for Fixed Holidays (worked or not)
Officers not scheduled to work on any of the designated Fixed Holidays shall receive
the normal eight (8) hours holiday pay benefit.
Officers who work on any of eight (8) designated Fixed Holidays, New Years Day,
Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day, shall be paid straight time for all regular scheduled hours
worked and , in addition shall also be paid at the rate of time and one-half (1 1/2) of all hours
worked on the designated Fixed Holidays.
Section 18.4 Loss of Floating Holiday
Employees who terminate their employment with the Village during the calendar year
shall not receive any compensation for unused Floating Holidays, not scheduled.
Section 18.5 Probationary Holiday Benefit
Officers hired in the first quarter of the year shall be eligible for four (4) Floating
Holidays in addition to any Fixed Holidays.
Officers hired in the second quarter of the year shall be eligible for three (3) Floating
Holidays.
Officers hired in the third quarter of the year shall be eligible for two (2) Floating
Holidays in addition to any Fixed Holidays.
Officers hired in the last quarter of the year will be eligible for one (1) Floating Holiday
and will be eligible for any Fixed Holidays occurring in the last quarter after their date of hire.
ARTICLE XIX
EMPLOYEE ALCOHOL AND DRUG TESTING
Section 19.1 Statement of Policy
It is the policy of the Village that the public has the absolute right to expect persons
employed by the Village in its Police Department will be free from the effects of drugs and
alcohol. The Village, as the employer, has the right to expect its employees to report for work fit
and able for duty and to set a positive example for the community. The purposes of this policy
shall be achieved in such manner as not to violate any established constitutional rights of the
officers of the Police Department.
25
Section 19.2 Prohibitions
Officers shall be prohibited from:
(a) Abusing prescribed drugs, or consuming or possessing alcohol at any time during
or just prior to the beginning of the work day or anywhere on any Village
premises or job sites, including Village Building's properties, vehicles, or the
officer's personal vehicle while engaged in Village business, except as may be
necessary in the performance of duty.
(b) Possessing, using, selling, purchasing or delivering any illegal drug at any time
and at any place, except as may be necessary in the performance of duty.
(c) Failing to report to the employee's supervisor any known adverse side effects of
medication or prescription drugs which the employee may be taking.
Section 19.3 Drug & Alcohol Testing Permitted
Where the Village has reasonable suspicion to believe that: (a) an officer is being affected
by the use of alcohol; or (b) has abused prescribed drugs; or (c) has used illegal drugs, the
Village shall have the right to require the officer to submit to alcohol or drug testing as set forth
in this Agreement. The Village may also require an officer to randomly submit to alcohol or
drug testing where the employee is voluntarily assigned to a departmental drug enforcement
group for a period of at least thirty (30) days and where such officer's duties are primarily related
to drug enforcement. The foregoing shall not limit the right of the Village to conduct any tests if
may deem appropriate for persons seeking employment as police officers prior to their date of
hire, or upon promotion to another position within the Department.
Section 19.4 Order to Submit to Testing
Within forty-eight (48) hours of the time the officer is ordered to testing authorized by
this Agreement, the Village shall provide the officer with a written notice setting forth the facts
and inferences which form the basis of the order to test. Refusal to submit to such test may
subject the employee to discipline, but the officer's taking of the test shall not be construed as a
waiver of any objection or rights that he or she may possess.
Section 19.5 Tests To Be Conducted
In conducting the testing authorized by this Agreement, the Village shall:
(a) Use only a clinical laboratory or hospital facility which is certified by the State of
Illinois to perform drug and/or alcohol testing.
(b) Establish a chain of custody procedure for both sample collection and testing that
will insure the integrity of the identity of each sample and test result.
(c) Collect a sufficient sample of the same bodily fluid or material from an officer to
allow for initial screening, a confirmatory test and a sufficient amount to be set
aside reserved for later testing if requested by the officer.
26
(d) Collect samples in such a manner as to preserve the individual officer's right to
privacy while insuring a high degree of security for the sample and its freedom
from adulteration. Officers shall not be witnessed by anyone while submitting a
sample except in circumstances where the laboratory or facility does not have a
"clean room' for submitting samples or where there is reasonable suspicion that
the officer may attempt to compromise the accuracy of the testing procedure.
(e) Confirm any sample that tests positive in initial screening for drugs by testing the
second portion of the same sample by gas chromatography/mass spectrometry
(GC/MS) or an equivalent or better scientifically accurate and accepted method
that provides quantitative data about the detected drug or drug metabolites.
(f) Provide the officer tested with an opportunity to have the additional sample tested
by a clinical laboratory or hospital facility of the officer's choosing, at the
officer's own expense, provided the officer notifies the Village within seventy-
two (72) hours of receiving the results of the test that he desires to have the
additional sample tested.
(g) Require that the laboratory or hospital facility report to the Village that a blood or
urine sample is positive only if both the initial screening and confirmation test are
positive for a particular drug. The parties agree that should any information
concerning such testing or the results thereof be obtained by the Village consistent
with the understandings expressed herein (e.g., billing for testing that reveal the
nature or number of test administered), the Village will not use such information
in any manner or form adverse to the officer's interests.
(h) Require that with regard to alcohol testing, for the purpose of determining
whether the officer is under the influence of alcohol, test results showing an
alcohol concentration of .020 or more based upon the grams of alcohol per 100
milliliters of blood shall be considered a positive test result, while test results
showing an alcohol concentration of .0199 or less shall be considered a negative
test result.
(i) Provide each officer tested with a copy of all information and reports received by
the Village in connection with the testing and the test results.
(j) Insure that no officer is the subject of any adverse employment action except
emergency temporary reassignment or relief of duty with pay during the pendency
of any testing procedure, except that an officer may be suspended without pay or
otherwise disciplined for reasons unrelated to the test, or if the test result registers
positive.
Section 19.6 Right to Contest
If disciplinary action is not taken against an employee based in whole or in part upon the
27
results of a drug or alcohol test, the Union and/or the officer, with or without the Union, shall
have the right to file a grievance concerning any testing permitted by this Agreement, contesting
the basis for the order to submit to the test, the right to the test, the administration of the tests, the
significance and accuracy of the test, or any other alleged violation of this Agreement. Such
grievances shall be commenced at Step 2 of the Grievance Procedure. Further, if disciplinary
action is taken against an officer based in part upon the results of a test, then the Union and/or
the officer, with or without the Union, shall have the right to file a grievance concerning any
portion of the test if the discipline is not so extreme as to invoke the jurisdiction of the Village
Board of Fire and Police Commissioners. If the discipline is sufficiently extreme as to invoke
the jurisdiction of the Village Board of Police Commissioners, then the Union and/or the officer,
with or without the Union, shall have the right to contest any testing permitted by this Agreement
before the Board of Fire and Police Commissioners. Any evidence concerning test results which
is obtained in violation of the standards contained in this Article shall not be admissible in an
disciplinary proceeding involving the officer.
Section 19.7 Richt to Discipline
The Village shall have the right to discipline officers, or recommend discipline against
officers as may be appropriate, for violations of this Article. Where a violation of Section 19.2(a)
is found, the Village for a first-time offender may recommend disciplinary action up to but not
including termination, so long as the offender voluntarily seeks treatment, counseling or other
support for the alcohol or prescribed drug abuse problem, so long as:
(a) The officer agrees to appropriate treatment as determined by the physician(s)
involved.
(b) The officer discontinues his abuse of prescribed drugs, use of illegal drugs or
abuse of alcohol.
(c) The officer completes the course of treatment prescribed, including an "after-
care" group for a period of up to twelve (12) months.
(d) The officer agrees to submit to random testing during work hours throughout the
period of "after-care."
Officers who do not agree to or act in accordance with the foregoing shall be subject to
discipline, up to and including discharge. Additionally, where a violation of Section 192(b) is
found, officers shall be subject to discipline up to and including discharge.
Section 19.8 Voluntary Requests for Assistance
The Village shall take no adverse employment action against any officer who voluntarily
seeks treatment, counseling, or other support for an alcohol or drug related problem, other than
the Village may require reassignment of the officer with pay if he is unfit for duty in his current
assignment. The foregoing is conditioned upon:
(a) The officer agreeing to appropriate treatment as determined by the physician(s)
28
involved.
(b) The officer discontinuing his abuse of prescribed drugs, use of illegal drugs or
abuse of alcohol.
(c) The officer completing the course of treatment prescribed, including an "after-
care" group for a period of up to twelve (12) months.
(d) The officer agreeing to submit to random testing during work hours throughout
the period of "after-care."
Officers who do not agree to or act in accordance with the foregoing shall be subject to discipline
up to and including discharge.
Nothing in this Section or Article shall allow an officer to avoid discipline resulting from
an ongoing investigation, or discipline for violation of Departmental rules other than rules
prohibiting an officer from being under the influence of alcohol or prescribed drugs. This Article
shall not be construed as an obligation on the part of the Village to retain an employee on active
status throughout the period of rehabilitation if it is appropriately determined that the officer's
current use of alcohol or drugs prevents such individual from performing the duties of a police
officer or whose continuance on active status would constitute a direct threat to the property and
safety of others. Such officer shall be afforded the opportunity, at his option, to use accumulated
paid leave or take an unpaid leave of absence pending treatment.
ARTICLE XX
UNIFORM BENEFITS
Section 20.1 Benefits
Effective May 1, 2000 non -probationary employees assigned as investigators for an entire
fiscal year shall be eligible for reimbursement for purchases of necessary work clothing up to a
maximum of six hundred dollars ($600.00) per fiscal year. Employees assigned to the position of
C.P.O. for an entire year shall be eligible for reimbursement for purchases of necessary work
clothing up to a maximum of three hundred fifty dollars ($350.00) per fiscal year. All other non -
probationary employees covered by this agreement shall be on a quartermaster system
maintained and administered by the Village for uniform repair or replacement, including body
armor.
ARTICLE XXI
EMPLOYEE WELLNESS AND FITNESS
Section 21.1 Fitness Examination
If there is any reasonable questions concerning an employee's fitness for duty, or fitness
to return to duty, the Police Chief may require that the employee have an examination by a
qualified, licensed physician of the Village's choice. The Village will pay the cost of any such
examination.
29
Section 21.2 Immunization and Inoculations
The Village agrees to provide to all members covered by this Agreement inoculations and
immunizations which are determined by the Village's medical Authority to be necessary and
appropriate to the season or the risk. Said inoculations and immunizations shall be provided at
no cost to the employee.
ARTICLE XXH
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 and parties will meet and bargain over replacement of the unlawful or
unenforceable provision.
ARTICLE XXHI
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement between parties, and
concludes collective bargaining between the parties for its term. Before the Employer
implements an overall change in past practice which has a direct and significant effect on
employee wages, hour or working conditions, the Employer will offer to discuss the change with
the Union (except in case of emergency).
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 XXIV
MISCELLANEOUS PROVISIONS
Section 24.1 Liaht Duty
Any Officer who is injured and unable to perform his full-time duty may, with a written
physician's approval, request the opportunity to work light duty subject to the Chiefs and the
Village Manager's approval in their absolute discretion and in accordance with the needs of the
Department, and according to the applicable Village policy and/or resolution, or may be ordered
to work such duty. The Village and the Chapter agree that there shall be no pyramiding of
benefits of light duty assignments with workmen's compensation or other disability benefits.
Section 24.2 Outside Employment
The Chief of Police may restrict off-duty employment in the best interests of the
30
Department. Employees may be allowed to engage in off-duty employment up to a maximum of
twenty-five (25) hours per week, subject to the prior written approval of the Chief of police or
the Chief s designee, and such requirements as may be set forth by general order or departmental
rules and regulations. The Chief of Police may, at his discretion, waive the twenty-five (25) hour
per week limitation for an employee in a specific instance.
Section 24.3 Personnel File
The Village agrees to abide by the lawful requirements of Illinois Access to Personnel
Records Act, 820 ILCS. 40/12001 et sect, The parties agree that any violation of this section
shall not be subject to the grievance procedure.
Section 24.4 Direct Deposit
The Village agrees that it will make available to all employees covered by this agreement
direct deposit for wages received by employees. This benefit shall be available to those covered
employees who elect to utilize such benefit.
ARTICLE XXV
SOLICITATION
While the Village acknowledges that bargaining unit employees may conduct solicitation
of Elk Grove Village merchants, residents or citizens, the Chapter agrees that no bargaining unit
employee will solicit any person or entity for contributions on behalf of the Elk Grove Village
Police Department or the Village of Elk Grove Village.
Bargaining unit employees agree that the Village name, shield or insignia,
communication systems, supplies and materials will not be used for solicitation purposes.
Solicitation for the benefit of the collective bargaining representative by bargaining unit
employees may not be done on work time or in a work uniform. The bargaining unit employees
agree that they will not use the words "Elk Grove Village Police Department" in their name or
describe themselves as the "Village of Elk Grove Village." Bargaining unit employees shall
have the right to explain to the public, if necessary, that they are members of an organization
providing collective bargaining, legal defense and other benefits to all patrol -rank police officers
employed by the Village.
The foregoing shall not be construed as a prohibition of lawful solicitation efforts by
bargaining unit employees directed to the general public. Each party hereto agrees that they will
comply with all applicable laws regarding solicitation.
This Agreement does not apply to the solicitation efforts of the Metropolitan Alliance of
Police or any of its agents who are not bargaining unit employees.
31
ARTICLE XXVI
RESIDENCY
The Parties agree that for the duration of this agreement the Village will not enforce or
restrict the location of the residence of any employee covered by this agreement.
AB LE XXVU
DURATION OF AGREEMENT
This Agreement shall be effective, unless otherwise provided herein or in Appendix "D",
on the day after execution of this Agreement by both Parties, and shall remain in full force and
effect until 11:59 p.m. on the 30th day of April, 2010. It shall be automatically renewed from
year to year thereafter unless either party shall notify the other in writing at least one hundred
twenty (120) days prior to the expiration date of this Agreement. In the event that such notice is
given, negotiations shall begin no later than ninety (90) days prior to the anniversary date. The
provisions of this Agreement shall continue in of ect so long as the parties are engaged in good
faith negotiations or are exercising their impasse procedure rights under the Illinois Public Labor
Relations Act.
day of 2006.
p6r the Vil ge of For Metropolitan
Elk Gro,f of Police Elk Gra
Date
32
KP. Date
Ilage Chapter #141
ina, President Date
Alliance of Police
APPENDIX"A"
WAGES
ELK GROVE VILLAGE
WAGES
33
EFF 511/08
CURRENT
$
52,532.16
$ 54,239.45
EFF 5/1/05
EFF 5H/06
EFF 5/1/07
STEP 1
$47,726.00
$ 49,277.10
$50,878.60
STEP 2
$50,790.00
$ 52,440.68
$54,145.00
STEP 3
$53,855.00
$ 55,605.29
$57,412.46
STEP 4
$56,919.00
$ 58,768.87
$60,678.86
STEP 5
$59,980.00
$ 61,929.35
$63,942.05
STEP 6
$63,027.00
$ 65,075.38
$67,190.33
STEP 7
$67,074.00
$ 69,253.91
$71,504.66
33
EFF 511/08
EFF 5/1/09
$
52,532.16
$ 54,239.45
$
55,904.71
$ 57,721.61
$
59,278.36
$ 61,204.91
$
62,650.92
$ 64,687.07
$
66,020.17
$ 68,165.83
$
69,374.01
$ 71,628.67
$
73,828.56
$ 76,227.99
1.
ADDISON
2.
ARLINGTON HEIGHTS
3.
BARTLETT
4.
CAROL STREAM
5.
DES PLAINES
6.
DOWNERS GROVE
7.
ELMHURST
8.
GLENDALE HEIGHTS
9.
HOFFMAN ESTATES
10.
LISLE
11.
LOMBARD
12.
MOUNT PROSPECT
13.
NILES
14.
PALATINE
15.
ROLLING MEADOWS
16.
STREAMWOOD
17.
VILLA PARK
18.
WESTMONT
19.
WHEATON
20.
WHEELING
APPENDIX "B"
COMPARABLE TOWNS
34
M.A.P. GRITi;VANrF nr.POPT e.,, .",i;. «r»
Arbitration: [ j ] ES [ I NO
APPENDIX "D"
SIDE LETTER OF AGREEMENT
This Side Letter of Agreement is entered into between the Metropolitan Alliance of
Police, Elk Grove Village Police Chapter No. 141 (the "Union") and the Village of Elk Grove
Village (the "Village"). The purpose of this Side Letter is to memorialize understandings
reached between the parties during collective bargaining negotiations concerning a change in the
work schedule of Village Patrol Officers.
The parties acknowledge that the Village has the authority, within the guidelines set forth
herein, to set work schedules for Patrol Officers. In the exercise of that authority, and upon
agreement with the Union, the Village has agreed to implement a new work schedule for Patrol
Officers effective on the first complete work cycle in 2007 through April 30a', 2010. Effective
on the first work cycle in 2007, all Patrol employees covered by the parties' collective bargaining
agreement shall work what is normally referred to as a "six days on/three days off' work
schedule ("6/3"). The parties do agree that the Chief may not change this schedule unless
mutually agreed to by the Parties or in order to accomplish the reasonable objectives and
missions of the Village's Police Department.
On this "6/3" work schedule, shift selection (days -afternoons -midnights) will be bid
annually, by seniority. Each officer having his/her bid approved by the Chief or his designee
shall remain on that selected shift for a twelve (12) month period, from the first day of the new
work cycle in January through the last day of the year's work cycle year. The parties do agree
that the Chief may disregard a seniority selection in order to accomplish the reasonable
objectives and missions of the Village's Police Department. Normally, such shift bids shall be
37
made and completed on and between November 1 and November 15 of each year of the
agreement, with vacation selection to follow immediately thereafter.
Patrol Officers working on the "6/3" work schedule will have a regular work day of 8.5
hours. Such officers will be compensated at the overtime rate of pay for all hours worked
beyond 8.5 hours in their regularly scheduled work day and shall also receive overtime for all
hours worked on all off-duty days.
Application of Compensation Time
An Officer assigned to Patrol accrues compensatory time off at the current contractual
rate, said officer will take compensatory time off at a rate of 8.5 hours for each compensatory
day taken. If an Officer assigned to patrol accrues 51 hours of compensatory time and elects to
take 8.5 hours of compensatory time off per day, that Officer after 6 days will have used 51
hours of compensatory time.
An Officer not assigned to Patrol accrues compensatory time off at the current
contractual rate, said officer will take compensatory time off at a rate of 8 hours for each
compensatory day taken. If an Officer not assigned to Patrol accrues 48 hours of compemsatory
time and elects to take 8 hours of compensatory time off per day, that Officer after 6 days will
have used 48 hours of compensatory time.
Patrol Officers working the "6/3" work schedule shall have their vacation, floating
holidays and sick time accrual rates changed as described below:
(a) Vacation Application
M
Current 8 -Hour Schedule
With 8.5 -Hour Schedule
1 year
80 hours — 10 days
9 days and 3.5 hours
M
5 years
120 hours —15 days
14 days and 1.0 hours
10 years
144 hours —18 days
16 days and 8 hours
15 years
160 hours — 20 days
18 days and 7 hours
20 years
184 hours — 23 days
21 days and 5.5 hours
25 years
200 hours — 25 days
23 days and 4.5 hours
(b) Application of Floating Holidays
Floating Holidays
Current 8 -Hour Schedule
With &5 Hour Schedule
Hired in I� quarter
32 hours
4 days
3 days and 6.5 hours
Hired in 2° quarter
24 hours
3 days
2 days and 7 hours
Hired in 3T' quarter
18 hours
2 days
1 day and 7.5 hours
Hired in 4 quarter
8 hours
1 day
8 hours
(c) Sick Time Accrual and Use
Accrued at rate of 8 hours per month
8 hour work day officers take at 8 hours per day
8.5 hour work day officers take at 8.5 hours per day
Compensatory time as shown above, can be combined with "dangling vacation hours"
and/or "dangling floating holiday hours" for a full day (8.5 hours) off.
39
The parties acknowledge that this Side Letter of Agreement accurately sets forth their
understanding concerning Patrol Officer work schedules reached between them.
FOR THE UNION:
W
FOR
4 •,z.u. o
MEMORANDUM OF UNDERSTANDING
BETWEEN
VILAGE OF ELK GROVE VILLAGE
AND
METROPOLITAM ALLIANCE OF POLICE ELK GROVE
VILLAGE POLICE CHAPTER 4141
This Memorandum of Understanding modifies the Labor Agreement between the Village
of Elk Grove Village and Metropolitan Alliance of Police Elk Grove Village Police
Chapter 9141 from the period of May 1, 2005 through April 30, 2010. Upon the signing
of this Memorandum, the 2005-2010 Memorandum of Understanding shall be modified
to incorporate these changes.
Appendix "D' Side Letter of Agreement of the Labor Agreement
Appendix "D" Side Letter of Agreement shall be modified as follows
Page 38, the first paragraph of "Application of Compensation Time" shall be replaced
with the following two paragraphs:
"An Officer assigned to Patrol accrues compensatory time off at the current contractual
rate, said officer will take compensatory time off at a rate of 8.5 hours for each
compensatory day taken. If an Officer assigned to patrol accrues 51 hours of
compensatory time and elects to take 8.5 hours of compensatory time off per day, that
Officer after 6 days will have used 51 hours of compensatory time.
An Officer not assigned to Patrol accrues compensatory time off at the current
contractual rate, said officer will take compensatory time off at a rate of 8 hours for each
compensatory day taken. If an Officer not assigned to Patrol accrues 48 hours of
compensatory time and elects to take 8 hours of compensatory time off per day, that
Officer after 6 days will have used 48 hours of compensatory time."
Page 39, the first paragraph after subsection (c) shall be replaced with the following
paragraph:
"Compensatory time as shown above, can be combined with "dangling vacation hours"
and/or "dangling floating holiday hours" for a full day (8.5 hours) off."
The changes above shall replace pages 38, and 39 of the Labor Agreement with new
pages 38, 39 and 40.
The new amended pages shall be inserted and incorporated into the labor contract as
binding by all parties beginning May 1, 2005 through April 30, 2010.
FOR THE VILLAGE OF
ELK GROVE VILLAGE
0 a
iL./arl�
FOR MAP ELK GROVE VILLAGE
POLICE CIIMTER #141