HomeMy WebLinkAboutRESOLUTION - 4-16 - 2/9/2016 - FIREFIGHTERS AGREEMENTRESOLUTION NO. 4-16
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AND ELK GROVE
FIREFIGHTERS ASSOCIATION, LOCAL NO. 2340, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, AFL-CIO, CLC
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 Illinoisas follows:
Section 1: That the Mayor and Board of Trustees hereby accept the
AGREEMENT
Between
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
And
ELK GROVE VILLAGE FIREFIGHTERS ASSOCIATION,
LOCAL NO. 2340, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO,CLC
(May 1, 2016 through April 30, 2019)
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: 6 NAYS: 0 ABSENT: 0
PASSED this 91" day of February 2016.
APPROVED this 9" day of February 2016.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
All -Ice,, ICI It Fire Uniou=016
AGREEMENT
Between
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
and
ELK GROVE VILLAGE FIREFIGHTERS ASSOCIATION,
LOCAL NO. 2340, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC
May 1, 2016 Through April 30, 2019
TABLE OF CONTENTS
ARTICLE I PREAMBLE...
ARTICLE II RECOGNITION .....................
ARTICLE III NON-DISCRIMINATION.....
Page
..............................................................1
....................................................... 2
....................................................... 3
Section 3.1.
Discrimination Prohibited............................................................................3
Section3.2.
Gender..........................................................................................................3
ARTICLE IV UNION SECURITY AND RIGHTS.................................................................4
Section 4.1.
Dues Checkoff.............................................................................................4
Section4.2.
Fair Share.....................................................................................................4
Section 4.3.
Union Indemnification.................................................................................5
ARTICLE V UNION OFFICERS AND NOTIFICATION....................................................6
Section 5.1.
Union Officers and Notification to the Union.............................................6
Section 5.2.
Notification to the Village...........................................................................6
ARTICLE VI MANAGEMENT
RIGHTS...............................................................................7
ARTICLE VIT DISCIPLINE AND DISCHARGE....................................................................8
Section 7.1.
Employee Rights..........................................................................................8
Section 7.2.
Employer's Authority..................................................................................8
ARTICLE VIII DRUG AND ALCOHOL TESTING.................................................................9
ARTICLE IX GRIEVANCE PROCEDURE.........................................................................11
Section 9.1.
Definition of a Grievance... ........... -- ........... -- ........ ............ - ..........
Section9.2.
Procedure...................................................................................................11
Section9.3.
Arbitration..................................................................................................12
Section 9.4.
Limitations on the Authority of the Arbitrator..........................................13
Section9.5.
Paid Time...................................................................................................13
Section 9.6.
Time Limit for Filing.................................................................................13
Section 9.7.
Responses to Grievances by Supervisory Employees who are
UnionMembers.........................................................................................14
Section 9.8.
Employee Right to Self-Representation....................................................14
Section 9.9.
Grievances Filed by the Union..................................................................14
I
ARTICLE X NO STRIKE{NO LOCKOUT..........................................................................15
Section10.1. No Strike....................................................................................................15
Section 10.2. Obligations of Union.................................................................................15
Section10.3. No Lockout................................................................................................15
Section 10.4. Judicial Restraint.......................................................................................15
ARTICLE XI LABOR MANAGEMENT MEETINGS.........................................................16
Section 11.1.
Meeting Request.........
Section 11.2.
Content ........................
Section 11.3.
Attendance ..................
Section 11.4.
Representation ............
ARTICLE XII SENIORITY .....................
Section 12.1. Definition .......................
Section 12.2. Probationary Period .......
Section 12.3. Seniority List .................
Section 12.4. Layoff ............................
Section 12.5. Recall .............................
Section 12.6. Termination of Seniority
...........................................................16
...........................................................16
...........................................................16
...........................................................16
........................................................17
ARTICLE XIII HOURS OF WORK AND OVERTIME.........................................................20
Section 13.1.
Application of Article................................................................................20
Section 13.2.
Normal Work Period and Workday...........................................................20
Section13.3.
Hourly Rate................................................................................................21
Section13.4.
Overtime Pay.............................................................................................21
Section 13.5.
Applicability of Overtime Pay Provisions to Lieutenants .........................21
Section13.6.
Hirebacks...................................................................................................21
Section 13.7.
Duty Trades...............................................................................................22
Section 13.8.
Call -Back Pay............................................................................................22
Section 13.9.
No Pyramiding...........................................................................................22
ARTICLEXIV WAGES...........................................................................................................23
Section 14.1. Firefighters Salaries...................................................................................23
Section 14.2. Fire Lieutenants Salaries and Merit Adjustments......................................24
Section 14.3. Grievances Over Denial of Merit Pay.......................................................25
Section 14.4. Paramedic Pay...........................................................................................25
Section 14.5. Longevity Pay............................................................................................25
Section 14.6. Retroactivity..............................................................................................26
Section 14.7. Pay Rate for Firefighters Assigned Inspectional Services Division
Work..........................................................................................................26
ARTICLE XV INSURANCE..................................................................................................27
ii
Section15.1.
Coverage....................................................................................................27
Section 19.2.
Section 15.2.
Cost of Medical and Dental Insurance.......................................................27
Termination Effect ................
Section 15.3.
Term Life Insurance..................................................................................27
Section 19.5.
Section 15.4.
Employee Assistance Program..................................................................28
Secondary Employment........
Section 15.5.
Cost Containment......................................................................................28
Section 15.6.
Section 125 Flex Program.........................................................................28
Section 15.7.
Insurance Coverage of Retirees.................................................................28
Section 15.8.
Terms of Insurance Policies to Govern .....................................................29
Section 15.9.
Open Enrollment Sessions.........................................................................29
ARTICLE XVI VACATIONS..................................................................................................30
Section 16.1.
Amount of Vacation..................................................................................30
Section 19.2.
Section 16.2.
Vacation Pay..............................................................................................30
Termination Effect ................
Section 16.3.
Vacation Scheduling..................................................................................30
Section 19.5.
Section 16.4.
Limitation on Accumulation of Vacation..................................................31
Secondary Employment........
Section 16.5.
Pay for Earned but Unused Vacation Upon Termination ..........................31
ARTICLE XVII LEAVES OF ABSENCE.................................................................................32
Section17.1.
Sick Leave.................................................................................................32
Section 19.2.
Section 17.2.
Emergency Leave......................................................................................33
Termination Effect ................
Section 17.3.
Maternity Leave.........................................................................................34
Section 19.5.
Section 17.4.
Paternity Leave..........................................................................................34
Secondary Employment........
Section 17.5.
Military Leave.........................................................................................345
Section 17.6.
Jury or Witness Duty Leave......................................................................35
Section 17.7.
Unpaid Personal Leave............................................................................356
Section 17.8.
Unpaid Personal Leave of Absence for Non -Illness or Injury
RelatedActivities.......................................................................................36
Section 17.9.
Retirees Sick Leave Buy-Back..................................................................36
ARTICLE XVIII HOLIDAYS AND HOLIDAY PAY...............................................................38
Section 18.1.
Designation of Holidays............................................................................38
Section 19.2.
Section 18.2.
Eligibility Requirements............................................................................38
Termination Effect ................
Section 18.3.
Pay for Holiday Work................................................................................38
Section 19.5.
Section 18.4.
Holiday Time Off for Lieutenants.............................................................38
Secondary Employment........
Section 18.5.
Floating Holidays.......................................................................................39
Section 18.6.
Scheduling of Floating Holidays...............................................................39
ARTICLE XIX GENERAL PROVISIONS..............................................................................40
Section 19.1.
Bulletin Boards .....................
Section 19.2.
Ratification and Amendment
Section 19.3.
Termination Effect ................
Section 19.4.
Physical Fitness ....................
Section 19.5.
Uniforms ...............................
Section 19.6.
Secondary Employment........
iii
Section 19.7.
Fitness Examinations.................................................................................41
Section 19.8.
Subcontracting...........................................................................................42
Section 19.9.
Maintenance of Specific Working Conditions..........................................42
Section 19.10.
Notice of Fire Service Training Opportunities..........................................42
Section 19.11.
Safety Committee......................................................................................44
Section19.12.
Legal Counsel............................................................................................44
Section 19,13.
On -The -Job Injury.....................................................................................44
Section 19.14.
Shift, Station, and Apparatus Assignments...............................................44
Section 19.15.
Paychecks and Envelopes..........................................................................45
Section 19.16.
Paramedics.................................................................................................45
Section 19.17.
Personnel File............................................................................................45
Section19.18.
Residency...................................................................................................45
Section 19.19.
Rules and Regulations...............................................................................45
Section 19.20.
Acting Officer Pay.....................................................................................45
Section 19.21.
Cost of Training and Equipment for New Employees...............................45
Section 19.22.
Reimbursement of Costs of Providing Information to the Union..............46
Section 19.23.
IRS Section 457 Deferred Compensation Plan..........................................46
Section 19.24.
Smoking Ordinance...................................................................................46
Section19.25.
Staffing......................................................................................................46
ARTICLE XX PROMOTIONS
...............................................................................................48
Section20.1.
General.......................................................................................................48
Section 20.2.
Eligibility Requirements............................................................................48
Section 20.3.
Components of the Promotional Process and the Weighting of
Components...............................................................................................48
Section 20.4.
Promotion Process Components................................................................48
Section20.5.
Monitors.....................................................................................................50
Section 20.6.
Scoring of Components and Posting of Preliminary Promotion List ........50
Section 20.7.
Veteran's Preference Points and Posting of Final Promotion List ............50
Section 20.8.
Order of Selection......................................................................................51
Section 20.9.
Duration of Final Promotion List..............................................................51
Section 20.10.
Right of Review.........................................................................................51
Section 20.11.
Relationship of Article to the Fire Department Promotion Act.. ............
—52
ARTICLE XXl SAVINGS CLAUSE.......................................................................................53
ARTICLE XXII ENTIRE AGREEMENT ...
ARTICLE XXIII TERMINATION....
............................... 54
I .................. 55
APPENDIX A - TRAINING AND EQUIPMENT WITHHOLDING AGREEMENT
SICK LEAVE SIDE LETTER
ry
ARTICLE I
PREAMBLE
This Agreement is entered into by the Village of Elk Grove Village, Illinois (hereinafter
referred to as the "Employer" or the "Village"), and the Elk Grove Village Firefighters
Association, Local No. 2340 of the International Association of Firefighters, AFL-CIO, CLC
(hereinafter referred to as the "[AFF" or the "Union") effective May 1, 2016. This Agreement
supersedes and is a successor collective bargaining agreement to the collective bargaining
agreement effective May 1, 2012 to April 30, 2017.
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ARTICLE II
RECOGNITION
The Village hereby recognizes the Union as the sole and exclusive Collective Bargaining
representative for a bargaining unit consisting of:
All full-time sworn Fire Lieutenant Paramedics, Fire Lieutenants, Firefighter
Paramedics, Firefighters and Probationary Firefighters in the Village of Elk Grove
Village below the rank of Battalion Chief.
Excluded are all other employees, including but not limited to Battalion Chiefs,
Assistant Chief, Deputy Chiefs, Chief, Training Officer, Fire Inspector, and all
Supervisory, Managerial, Confidential, and professional employees as defined by
the Act, and all other employees of the Fire Department and the Village of Elk
Grove Village.
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ARTICLE III
NON-DISCRIMINATION
Section 3.1. Discrimination Prohibited. The Village and the Union agree that they will
not discriminate against any person with respect to Union membership or non -membership, age,
sex, marital status, race, creed, national origin, religion, disability or political affiliation in
violation of State or Federal Law.
Section 3.2. Gender. Whenever a specific gender is used in this agreement, it shall be
construed to include both male and female employees.
ARTICLE IV
UNION SECURITY AND RIGIITS
Section 4.1. Dues Checkoff. While this Agreement is in effect, the Village will deduct
from each employee's paycheck once each pay period the uniform, regular monthly Union dues
for each employee in the bargaining unit who has filed with the Village a lawful, voluntary,
effective checkoff authorization form. The Village will honor all executed check off
authorization forms received not later than ten (10) working days prior to the next deduction
date. If a conflict exists between the checkoff authorization form and this Article, the terms of
this Article and Agreement control.
Total deductions collected for each calendar month shall be remitted by the Village to the
Treasurer of the Union together with a list of employees for whom deductions have been made
not later than the tenth (10th) of the following month. The Union agrees to refund to the
employee any amounts paid to the Union in error on account of this dues deduction provision.
A Union member desiring to revoke the dues checkoff may do so by written notice to the
Village at any time during a sixty (60) day period prior to April 30 of each year of the contract.
Dues shall be withheld and remitted to the Treasurer of the Union unless or until such time as the
Village receives a notice of revocation of dues checkoff from an employee, or notice of an
employee's death, transfer from covered employment, termination of covered employment, or
when there are insufficient funds available in the employee's earnings after withholding all other
legal and required deductions. Infon cation concerning dues not deducted under this Article shall
be forwarded to the Treasurer of the Union, and this action will discharge the Village's only
responsibility with regard to such cases. Deductions shall cease at such time as a strike or work
stoppage occurs in violation of Article X (No Strike -No Lockout).
The actual dues amount to be deducted shall be certified to the Village by the Treasurer
of the Union, and shall be uniform in dollar amount for each employee in order to ease the
Employer's burden of administering this provision. The Union may change the fixed uniform
dollar amount which will be the regular monthly dues once each calendar year during the life of
this Agreement. The Union will give the Village thirty (30) days' notice of any such change in
the amount of uniform dues to be deducted.
Section 4.2. Fair Share. (a) During the term of this Agreement, employees who are
not members of the Union shall, commencing thirty (30) days after their date of hire, pay a fair
share fee to the Union for collective bargaining and contract administration services rendered by
the Union as the exclusive representative of the employees covered by this Agreement, provided
said fair share fee shall not exceed the dues attributable to being a member of the Union. Such
fair share fees shall be deducted by the Village from the earnings of non-members and remitted
to the Union in the same manner as dues are deducted for Union members. The Union shall
periodically submit to the Village a written list of the employees covered by this Agreement who
are not members of the Union.
(b) The Union agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in such cases as Chicago Teachers
Union v. Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share fee
4
payors as well as all applicable provisions of the Illinois Public Labor Relations Act and the rules
and regulations promulgated thereunder relating to fair share fees. It is specifically agreed that
any dispute a fair share fee payor may have with the Union concerning the amount of the fair
share fee and/or the responsibilities of the Union with respect to fair share fee payors shall not be
subject to the grievance and arbitration procedure set forth in this Agreement.
(c) Non-members who object to this fair share fee based upon bona fide religious
tenets or teachings shall pay an amount equal to such fair share fee to a non -religious charitable
organization mutually agreed upon by the employee and the Union. If the affected non-member
and the Union are unable to reach agreement on the organization, the organization shall be
selected by the affected non-member from an approved list of charitable organizations
established by the Illinois State Labor Relations Board and the payment shall be made to said
organization.
Section 4.3. Union Indemnification. The Union shall indemnify, defend and hold
harmless the Village and its officials, representatives and agents against any and all claims,
demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall
arise out of or by reason of action taken or not taken by the Village in complying with the
provisions of this Article. If an improper deduction is made, the Union shall refund directly to
the employee any such amount.
5
ARTICLE V
UNION OFFICERS AND NOTIFICATION
Section 5.1. Union Officers and Notification to the Union. For purposes of this
Agreement, the tern "Union Officers" shall refer to the duly elected representatives whose
names and addresses shall be provided to the Village. All formal notifications to the Union shall
be hand delivered to the Union President and Secretary while they are on duty and also mailed to
their home addresses on file with the Personnel Office.
Section 5.2. Notification to the Village. All formal notifications to the Village shall be
hand delivered to the Fire Chief or his designee in his absence and mailed to the Village
Manager, Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois
60007-3499.
ARTICLE VI
MANAGEMENT RIGHTS
Except as specifically modified by any and all other articles of this Agreement, the Union
recognizes the exclusive right of the Village to make and implement decisions with respect to the
operation and management of its operations in all respects. Such rights include but are not
limited to the following: to plan, direct, control and determine all the operations and services of
the Village; to supervise and direct the working forces; to establish the qualifications for
employment and to employ employees; to schedule and assign work; to establish work and
productivity standards and, from time to time, to change those standards; to assign overtime; to
determine the methods, means, organization and number of personnel by which operations are
conducted; to determine whether services are to be provided by employees covered by this
Agreement or by other employees or persons not covered by this Agreement; to make, alter and
enforce reasonable rules, regulations, orders and policies; to evaluate employees; to discipline,
suspend and discharge employees for just cause; to change or eliminate existing methods,
equipment or facilities; and to carry out the mission of the Village; provided, however, that the
exercise of any of the above rights shall not conflict with any of the express written provisions of
this Agreement.
7
ARTICLE VII
DISCIPLINE AND DISCHARGE
Section 7.1. Employee Rights. Employees shall have all rights as set forth in Chapter
24, Ill. Rev. Stat., Section 10-2, 1-17, to have their discipline cases reviewed by the Board of Fire
and Police Commissioners. Employees shall have the alternative right to file grievances
concerning discipline cases. The grievance procedure in Article IX and the hearing process by
the Board of Fire and Police Commissioners are mutually exclusive and no relief shall be
available under the grievance procedure for any action heard before the Board of Fire and Police
Commissioners. Furthermore, the filing of a grievance involving employee discipline shall act
as a specific waiver by the Union and the employee involved of the right to challenge the same
matter before the Board of Fire and Police Commissioners and a form containing such a specific
waiver shall be executed by the Union and the involved employee before a grievance may be
filed under the grievance procedure. Employees initially seeking review by the Board of Fire
and Police Commissioners may not subsequently elect to file a grievance under the grievance
procedure. The election by an employee for review by the Board of Fire and Police
Commissioners shall act as a waiver by the Union and the employee to proceed under the
grievance procedure.
Discipline charges shall be filed with the Board of Fire and Police Commissioners and
copies shall be sent to the Union.
Section 7.2. Employer's Authority. The authority of the Fire Chief shall be governed
by Chapter 24, Ill. Rev. Stat., regardless of which forum the employee may select in which to
contest the disciplinary action.
0
ARTICLE VIII
DRUG AND ALCOHOL TESTING
The Village may require applicants to submit to a urinalysis test and/or other appropriate
test as part of a pre-employment medical examination and may also require employees to submit
to urinalysis test and/or other appropriate test as part of the biennial medical examination or if
the Village determines there is reasonable suspicion that the employee has been using alcohol
and/or drugs as defined in paragraph (c) hereof. If an employee is directed to take such a test
based on reasonable suspicion, the Village shall provide the employee, upon request, with a
written statement of the basis for the Village's reasonable suspicion within 48 hours of the
request. There shall be no random testing. The "other appropriate test" shall not include
breathalyzer tests conducted by the Village's Police Department.
(a) The Village shall use only licensed clinical laboratories for such testing and shall
be responsible for maintaining a proper chain of custody. The taking of urine samples shall not
be witnessed unless there is reasonable suspicion to believe that the employee is tampering with
the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or
a scientifically accurate equivalent) shall be conducted. An initial positive test result shall not be
submitted to the Village unless the confirmatory test result is also positive as to the same sample.
If the Village, contrary to the foregoing, receives the results of a positive first test which is not
confirmed as provided above, such information shall not be used in any manner adverse to the
employee. Upon request, the Village shall provide an employee with a copy of any test results
which the Village receives with respect to such employee.
(b) A portion of the tested sample shall be retained by the laboratory so that the
employee may arrange for another confirmatory test (GC/MS or a scientifically accurate
equivalent) to be conducted by a licensed clinical laboratory of the employee's choosing and at
the employee's expense. Once the portion of the tested sample is delivered to the clinical
laboratory selected by the employee, the employee shall be responsible for maintaining the
proper chain of custody for said portion of the tested sample.
(c) Use of proscribed drugs at any time while employed by the Village, abuse of
prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol
while on duty, shall be cause for discipline, including termination. All issues relating to the drug
and alcohol testing process (e.g., whether there is reasonable suspicion for ordering an employee
to undertake a test, whether a proper chain of custody has been maintained, etc.) may be grieved
in accordance with the grievance and arbitration procedure set forth in this Agreement.
(d) Voluntary requests for assistance with drug and/or alcohol problems (i.e., where
no test has been given pursuant to the foregoing provisions) shall be held strictly confidential by
the Village and no one in the Fire Department shall be informed of any such request or any
treatment that may be given unless the employee consents to the release of any such information,
except that the Fire Chief and\or Deputy Fire Chief may be informed of the request for assistance
when necessary to accommodate scheduling needs or when deemed necessary by the
professional providing the assistance.
E
(e) Unless there are circumstances warranting discipline in the first instance of testing
positive for alcohol, such employee shall be referred to professional assistance without
discipline.
(f) Any evidence concerning test results which is obtained in violation of the
standards contained in this Article shall not be admissible in any disciplinary proceedings
involving the employee.
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ARTICLE IX
GRIEVANCE PROCEDURE
Section 9.1. Definition of a Grievance. A "grievance" is defined as a complaint arising
under and during the term of this Agreement raised by an employee or the Union against the
Village alleging that there has been a violation, misinterpretation or misapplication of an express
written provision of this Agreement.
Section 9.2. Procedure. In order to officially file a grievance under this Article, the
grievance must be reduced to writing and submitted in a timely fashion on a mutually agreeable
grievance form. The grievance shall contain a complete statement of the facts, the provision or
provisions of this Agreement which are alleged to have been violated, and the specific relief
requested.
Grievances submitted on which only partial information is supplied will be returned to
the grievant(s) immediately for completion. It will not be considered as accepted until all
information required on the form is provided.
It is to the benefit of both parties that issues falling under the jurisdiction of this provision
be raised and settled in a timely fashion. Consequently, the steps and time limits as stated in this
section shall be followed.
Step—] An employee, with or without the Union representative, who has cause to
believe that the Village or its agent(s) has violated a specific expressed
written provision of the Agreement, may present in writing the issue to his
immediate supervisor or a properly appointed designee. (A Firefighter's
immediate supervisor is his Lieutenant. A Lieutenant's immediate
supervisor is the Battalion Chief.)
The issue must be raised within ten (10) calendar days after the occurrence
of the event first giving rise to the grievance or within ten (10) calendar
days of when the grievant should have, through the use of' reasonable
diligence, become aware of the first event giving rise to the grievance.
The supervisor (or designee) shall be considered as having accepted the
grievance when he signs the form in the manner indicated on the grievance
form.
Acceptance of the grievance allegation does not waive the Village's right
to respond that the grievance was submitted in an untimely or incomplete
fashion. The issue may or may not require discussion for clarification
purposes. If the supervisor determines that it is necessary to meet to
discuss the matter, such meeting shall be held at a time convenient to all
parties involved, but no later than seven (7) calendar days following the
official date of submission.
Following discussion of the issue the supervisor has a period of no longer
than seven (7) calendar days to submit his written response to the
grievant(s).
I
If no meeting is held on the allegation, the supervisor shall have no longer
than seven (7) calendar days to respond.
Failure of the Village to respond in a timely fashion shall constitute a
denial of the request of the grievance.
Sten -2 If the issue is not resolved in the first step of this procedure, the employee
will be entitled to take the allegation,of violation to this next step. The
issue shall be submitted in the written form as was submitted in the first
step. The second step grievance shall', to the extent possible, specifically
state the basis upon which the grievant believes the grievance was
improperly denied at the previous step in the grievance procedure.
i
The second step allegation shall be submitted to the next level supervisor
or his designee within five (5) calendar days of receipt of the prior step
response or within five (5) calendar days of when the response was due.
In the case of a Firefighter's grievance, the next level supervisor is the
Battalion Chief. In the case of a Lieutenant's grievance, the next level
supervisor is the appropriate Deputy Chief.
The grievance shall be considered as being accepted at this step upon
signature by the next level supervisor. The same time limits and
conditions apply at this step as applied at the previous step.
Step 3 All conditions, time limits and constraints as were applied at previous
steps apply to this step. The management representatives at this step shall
be the Chief or his designee and the ; Village's Personnel Officer in the
case of either a Firefighter's or Lieutenant's grievance.
Step 4 The management representative at this step shall be the Village Manager
or his designee. All conditions, time limits, and constraints as were
applied at previous steps apply to this step, except that the Village
Manager or his designee shall have fourteen (14) calendar days to respond.
Section 9.3. Arbitration. if the grievance is not ;resolved following completion of
Step 4, the Union may advance the case to arbitration. A request for arbitration must be filed
with the Village Manager's office within ten (10) calendar days following receipt of the
Manager's response or within ten (10) calendar days of when the Manager's response was due.
i
(a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar
days after receipt of the notice of referral. In the event the parties are unable to agree upon the
arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation
and Conciliation Service to submit a panel of seven (7) arbitrators who are all members of the
National Academy of Arbitrators. Each party retains the right to reject one panel in its entirety
12
and request that a new panel be submitted. Both the Village and the Union shall have the right to
strike three (3) names from the panel. The party requesting arbitration shall strike the first name.
The other party shall strike a name, and so forth. The person remaining shall be the arbitrator.
(b) The arbitrator shall be notified jointly by the parties of his/her selection and shall
be requested to set a time and place for the hearing, subject to the availability of Union and
Village representatives.
(c) The Village and the Union shall have the right to request the arbitrator to require
the presence of witnesses or documents. The Village and the Union retain the right to employ
legal counsel.
(d) The arbitrator shall submit his/her decision in writing within thirty (30) calendar
days following the close of the hearing or the submission of briefs by the parties, whichever is
later.
(e) More than one grievance may be submitted to the same arbitrator only if both
parties mutually agree to do so in writing.
(f) The fees and expenses of the arbitrator shall be divided equally by the parties. All
other costs, including the cost for a court reporter and transcript if desired by either party, shall
be paid by the party which incurs such costs. If a court reporter and transcript is ordered by one
party, the other party may obtain a copy of the transcript by agreeing to split the cost for the
court reporter and transcripts.
Section 9.4. Limitations on the Authority of the Arbitrator. The arbitrator shall have
no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this
Agreement during or as part of the arbitrator's decision. The arbitrator shall consider and decide
only the question of fact as to whether there has been a violation or a misinterpretation of a
specific provision(s) of the Agreement, as well as determining the appropriate remedy, if
applicable. The arbitrator shall have no authority to render a decision on any issue not raised
during the processing of the grievance at the steps prior to arbitration. The arbitrator shall be
without power to make any decision or award which is contrary or inconsistent with, in any way,
this Agreement or applicable laws (subject to the provisions of Section 15 of the IPLRA). The
decision of the arbitrator rendered in accordance with this Section shall be final and binding on
the Union, the employees covered by this Agreement and the Village Board.
Section 9.5. Paid Time. Whenever practicable, the employer will schedule grievance
meetings during the work shift of the grievant(s). The grievant and, if requested by the grievant,
one Union representative who works on the same shift shall be permitted to attend the meeting
without loss of pay. Under no circumstances shall the Village be obligated to pay any employee
overtime pay for attendance at grievance meetings.
Section 9.6. Time Limit for Filing. No grievance shall be entertained or processed
unless it is submitted at Step 1 within ten (10) calendar days after the occurrence of the event
first giving rise to the grievance or within ten (10) calendar days of when the grievant should
have, through the use of reasonable diligence, become aware of the first event giving rise to the
grievance.
13
If a grievance is not presented by the employee or the Union within the time limits set
forth above, it shall be considered "waived" and may not be pursued further by the employee or
the Union; provided, however, that such a waiver shall not serve to waive an employee's right to
file a future grievance within the time limits specified herein involving similar facts and
circumstances. If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Village's last
answer. If the Village does not hold a meeting or answer a grievance or an appeal thereof within
the specified time limits, the aggrieved employee and/or' the Union may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step. The
parties may by mutual agreement in writing extend any of the time limits set forth in this Article
or waive any step of the grievance procedure. Any time limit for either party shall begin with the
date the receiving representative or designated replacement signs for receipt of the grievance.
Section 9.7. Responses to Grievances by Supervisory Employees who are Union
Members. Any response to a grievance of a Firefighter by: a Lieutenant which is found to be
without merit and/or contrary to the provisions of the current'agreement shall be void and subject
to response by the next level supervisor.
Section 9.8. Employee Right to Self -Representation. Nothing in this Agreement
prevents an employee or group of employees from presenting a grievance to the Employer and
having the grievance heard and settled without the intervention of the Union representative
provided that a Union representative is given an opportunity to be present at any grievance
meeting and that any settlement reached is not inconsistent with the terms of this Agreement.
Section 9.9. Grievances Filed by the Union. Any grievance filed by the Union for
more than one employee shall bypass Steps 1 and 2 and proceed directly to Step 3. All
conditions, time limits, and constraints as were applied at previous steps shall apply.
14
ARTICLE X
NO STRIKE/NO LOCKOUT
Section 10.1. No Strike. Neither the Union nor any officers, agents or employees
covered by this Agreement will instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, slowdown, sitdown, concerted stoppage of work, concerted refusal to perform
mandatory overtime, mass resignations or mass absenteeism, regardless of the reason for so
doing.
Section 10.2. Obligations of Union. In the event of a violation of Section 10.1 of this
Article, the Union agrees to inform its members of their obligations under this Agreement and to
direct them to return to work. Provided the Union complies with this Section 10.2 hereof, the
Village agrees that the Union shall not be liable for any actions in violation of this Article by
individual employees or any liability that might arise therefrom.
Section 10.3. No Lockout. The Village will not lock out any employees as a result of a
labor dispute with the Union.
Section 10.4. Judicial Restraint. Nothing contained herein shall preclude the Village or
the Union from obtaining judicial restraint and damages in the event the other party violates this
Article. There shall be no obligation to exhaust the grievance procedure before instituting court
action seeking such judicial restraint and/or damages.
15
ARTICLE XI
LABOR MANAGEMENT MEETINGS
Section 11.1. Meeting Request. The Union and the Village may meet in the interest of
promoting harmonious employee relations.
Such meetings shall be requested at least seven (7) calendar days in advance by either
party by placing in writing a request to the other for a "labor-management meeting" and
expressly providing the agenda for such meeting. Such meetings and locations when mutually
agreed upon shall be limited only to agenda items.
The seven (7) day notice period may be waived by written agreement of both parties.
Section 11.2. Content. It is expressly understood and agreed that such meetings shall be
exclusive of the grievance procedure. Grievances being processed under the grievance
procedure shall not be considered at "labor-management meetings," nor shall negotiations for the
purpose of altering any or all of the terms of this Agreement be carried on at such meetings.
Safety and subcontracting issues may be raised at such meetings.
Section 11.3. Attendance. With supervisory permission, which shall not be
unreasonably withheld, employees shall be permitted reasonable time off from duty during their
respective working hours to attend "labor-management meetings" with Village officials in
conjunction with this Article. Employees who attend such meetings while off duty will receive
no compensation for their attendance.
Section 11.4. Representation. The Village shall be represented by the Human Resources
Officer and the Fire Chief or his designee(s). The Union shall be represented by two (2) persons
designated by the union President.
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ARTICLE XII
SENIORITY
Section 12.1. Definition. For the purpose of this Agreement, seniority shall be defined
as an employee's length of continuous full time service with the Village as a sworn and
commissioned firefighter since his last date of hire. Seniority shall accumulate during all
authorized paid leaves of absence. Seniority shall not accumulate from the first day of an
authorized unpaid leave of absence or layoff of thirty (30) calendar days or more.
If more than one person is hired on the same day, seniority preference will be established
by final eligibility as posted on the official eligibility list by the Elk Grove Fire and Police
Commission.
Section 12.2. Probationary Period. The performance probationary period is defined as
eighteen (18) months of actual work beginning with the employee's last date of hire, or the
successful completion of Firefighter II State Certification, Hazardous Materials First Responder
Operations, Technical Rescue Awareness Certification, and EMT -B Certification, whichever
occurs later. Every reasonable attempt will be made by the Fire Department to schedule classes
necessary for such certifications within twelve (12) months of an employee's date of hire. Time
absent from duty that is not credited for seniority purposes shall not apply toward satisfaction of
the probationary period. During an employee's probationary period, the employee may be
suspended, laid off or terminated without cause at the sole discretion of the Village. Such
probationary employee shall have no recourse to the grievance procedure or to the Board of Fire
and Police Commissioners to contest such a suspension, layoff or termination.
There shall be no seniority among probationary employees, except for purposes of
bidding for scheduled time off where this Agreement establishes that bidding is to be done by
seniority. Upon successful completion of the probationary period, an employee shall acquire
seniority which shall be retroactive to his last date of hire with the Village in a position covered
by this Agreement.
Section 12.3. Seniority List. On or about October 1 of each year, the Village will
provide the Union with a seniority list of all employees in the bargaining unit setting forth each
employee's seniority date. The Village shall not be responsible for any errors in the seniority list
unless such errors are brought to the attention of the Village in writing within fourteen (14) days
after the Union's receipt of the list.
Section 12.4. Layoff. The Village, in its discretion, shall determine whether layoffs are
necessary. If it is determined that layoffs are necessary, employees covered by this Agreement
will be laid off in accordance with their length of service as provided in Illinois Statutes (Chapter
24, Section 10-2.1-18, as it existed on January 1, 1990), as well as paramedic certification.
Except where the Village determines in its discretion that there are excess paramedics,
qualification to perform paramedic duties as a certified paramedic will control over seniority in
determining the order of layoff, unless the more senior employee is also a certified paramedic.
Section 12.5. Recall. Employees who are laid off shall be placed on a recall list for a
period of twenty-four (24) months. If there is a recall, employees who are still on the recall list
17
shall be recalled in the inverse order of their layoff, provided they are fully qualified to perform
the work to which they are recalled without further training, and subject to passing a physical
examination to determine current fitness to perform the work to which they are recalled.
Notwithstanding the foregoing, if a firefighter/paramedic or firefighter/EMT-13 is eligible for
recall but is not currently certified, lie shall nevertheless be reinstated to a firefighter position
with the understanding that the Fire Chief has the right, if the Fire Chief determines there is a
need, to direct him to regain his paramedic or EMT -B certification, whichever is applicable.
Employees who are eligible for recall shall be given thirty (30) calendar days' notice of
recall (with the first of the thirty (30) days being the date the notice to the employee is
postmarked). The notice of recall shall be sent to the employee by certified mail, return receipt
requested, with a copy to the Union President. The employee must notify the Fire Chief or his
designee of his intention to return to work within seven (7) calendar days after receiving notice
of recall. The Village shall be deemed to have fulfilled its obligations by mailing the recall
notice by certified mail, return receipt requested, to the mailing address last provided by the
employee, it being the obligation and responsibility of the employee to provide the Fire Chief or
his designee with his latest mailing address. If an employee fails to timely respond to a recall
notice, his name shall be removed from the recall list. If the Village has not received
confirmation that the employee has received the recall notice within fourteen (14) calendar days
of mailing a properly addressed notice of recall, the employee's name shall be removed from the
recall list.
Section 12.6. Termination of Seniority. Seniority for all purposes and the employment
relationship shall be terminated, subject to appropriate review by the Board of Fire and Police
Commissioners, if the employee:
(i) quits;
(ii) is discharged and not reinstated;
(iii) retires or is retired, subject to statutory reinstatement rights from a
disability pension;
(iv) fails to report to work at the conclusion of an authorized leave of absence,
layoff or vacation, except for good cause shown due to circumstances
beyond the control of the employee;
(v) is laid off and fails to respond to a notice of recall within seven (7)
calendar days after receiving notice of recall or fails to report for work at
the time prescribed in the notice of recall, or does not otherwise timely
respond to a notice of recall as provided in Section 5 of this Article;
(vi) is laid off or otherwise does not perform bargaining unit work for the
Village for a period in excess of twenty-four (24) months, subject to
statutory reinstatement rights from a disability pension or military leave;
or
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(vii) is absent for two (2) consecutive scheduled work days without notice to
the Village, except for good cause shown due to circumstances beyond the
control of the employee.
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ARTICLE XIII
HOURS OF WORK AND OVERTIME
Section 13.1. Application of Article. This Article is intended only as a basis for
calculating overtime payments, and nothing in this Agreement shall be construed as a guarantee
of hours of work per shift, per week, per work period, or any other period of time.
Section 13.2. Normal Work Period and Workday.
(a) Generally. The normal workday in a normal workweek shall be 24 consecutive
hours of work (1 shift) followed by 48 consecutive hours off (2 shifts). The normal workday
for 24-hour employees shall begin and end at 8:00 a.m. The normal work week shall average
52.88 hours. The normal work cycle for employees assigned to 24-hour shifts shall be 27 days.
Employees on the same shift and in the same rank or position (i.e., firefighter for
firefighter, firefighter -paramedic for firefighter -paramedic, lieutenant for lieutenant, and
lieutenant -paramedic for lieutenant -paramedic) may trade work reduction days and/or previously
scheduled vacation or floating holidays, provided they give the department at least three (3) duty
days written notice in advance, and provided further that the Fire Chief or designee may, in his
reasonable discretion, permit notice of less than three (3) duty days where there are extenuating
circumstances.
(b) 24 -Hour Firefighters. A work reduction day (i.e., what would otherwise be a 24-
hour duty day) for Firefighters shall be scheduled off every eighteen (18) duty days. For FLSA
purposes, each Firefighter's work cycle shall be established so that the Firefighter's work
reduction day (i.e., every 18th shift) starts at 8 p.m. on the shift of the 27th day of his work cycle
and ends at 8 p.m. on the first day of the succeeding work cycle, The work reduction day slot
that each Firefighter has as of the day this contract is executed by both parties will be maintained
for the term of the 2007-2012 contract unless the Firefighter is assigned to a different shift.
In order to provide all Firefighters will seven (7) Kelly days each calendar year, effective
January 1, 2008, Firefighters who will be scheduled for only six (6) Kelly days in a calendar year
based on one (1) Kelly day every eighteen (18) duty days as provided immediately above shall
receive one additional Kelly day that will be treated and scheduled as a floating holiday in
accordance with the provisions of Section 18.6 (Scheduling of Floating Holidays) that are
applicable to the scheduling of floating holidays for Firefighters.
(c) Fire Lieutenants. Commencing with calendar year 2008, all lieutenants assigned
to 24-hour shifts shall receive seven (7) work reduction days (i.e., what would otherwise be a 24-
hour duty day). Such work reduction days shall be selieduled in the same way that floating
holidays are scheduled in accordance with the provisions of Section 18.6, except that not more
than one (1) work reduction day may be scheduled in any 27 -day work cycle.
(d) 8 -Hour Employees. The normal workday and workweek shall be five consecutive
days of 8 consecutive hours each, excluding any unpaid lunch period that may be scheduled.
The normal work cycle for employees assigned to 8 -hour shifts shall be 28 days.
20
Section 13.3. Hourly Rate. An employee's regular rate of pay shall be based upon a
52.88 hour work week for 24-hour shift personnel (both Firefighters and Lieutenants) and a 40 -
hour week for 8 -hour personnel and shall be determined by dividing the employee's annual
salary by 2750 for 24-hour shift personnel and by 2080 for 8 -hour shift personnel.
Section 13.4. Overtime Pay. Employees assigned to 24-hour shifts shall receive an
additional one-half the employee's regular straight -time equivalent hourly rate of pay for all
hours worked in excess of their regularly scheduled hours of work.
Employees assigned to 8 -hour shifts shall be paid an additional one-half (1/2) time their
regular hourly rate of pay for all regularly scheduled hours worked in excess of forty (40) in a
seven (7) day work period.
All overtime pay shall be received in fifteen (15) minute segments in accordance with the
FLSA.
Section 13.5. Applicability of Overtime Pay Provisions to Lieutenants. Except as
specifically provided for in this Section, the overtime pay provisions of Section 13.4 above apply
only to employees in the rank of Firefighter. Lieutenants are ineligible for overtime
compensation, except when they are called back to duty outside of their scheduled hours of work
to respond to an emergency or to satisfy minimum manpower requirements as established by the
Fire Department. Effective the first pay period following issuance of Arbitrator Hill's interest
arbitration award, in lieu of providing regular duty days off as provided in Operating Directive
45-81 for required training, Lieutenants shall work their regularly scheduled duty days and shall
be paid one and one-half times their straight time hourly rate of pay for such training that occurs
outside of their scheduled hours of work. In addition; effective the first pay period following
issuance of Arbitrator Hill's interest arbitration award, for required attendance at departmental
meetings outside of their scheduled hours of work, Lieutenants shall be paid one and one-half
their straight time hourly rate of pay.
Section 13.6. Hirebacks. Effective the first pay period following ratification of this
Agreement by both parties, where there is a need for a hireback, employees will be hired back
from an integrated seniority list of all employees by shift (i.e., lieutenants will be interspersed as
evenly as possible among firefighters), subject to the following:
(i) If there are less than four officers on duty, a lieutenant will be hired back
to fill the fourth officer position bypassing, if necessary, fire fighters on
the list.
(ii) If there are six officers on duty, a firefighter will be hired back bypassing,
if necessary, lieutenants on the list.
(iii) Any such employee who is passed over will remain on the eligible list for
the next hireback opportunity.
An employee who is not available for a hireback because he is on a scheduled day off,
sick leave, fire department details (e.g., public education), or department sponsored school
21
details/training will receive a pass. A pass shall not be issued for ISD Activities (FPB and
PFPP). An employee may not stack more than two such passes.
If there are no volunteers or an insufficient number of volunteers, employees may be
ordered back on the basis of reverse seniority, i.e., starting the rotation with the least senior
employee.
An employee may be held over to continue work in progress at the end of an employee's
normally scheduled shift (e.g., an ambulance run), provided that such a holdover does not affect
that employee's position on the hireback list.
If any employee establishes that he has not received his appropriate share of hireback
opportunities in accordance with the procedure set forth herein, such employee shall have first
preference to future hireback opportunities lie is properly qualified to perforrn until the mistake
has been corrected.
Absent emergency circumstances, employees shall not be scheduled to work more than
48 consecutive hours.
Section 13.7. Duty Trades. In accordance with the Fair Labor Standards Act, an
employee for his own convenience, may voluntarily have another bargaining unit employee in
the same rank or position (i.e., firefighter for firefighter, paramedic for paramedic, and lieutenant
or lieutenant/paramedic for lieutenant) substitute for him by performing all or part of the
employee's work shift, provided the substitution is requested at least one (1) duty day in
advance, does not interfere with the operation of the Fire Department (as determined by the Fire
Chief), and is subject to approval by the Fire Chief or his designees, provided that the Fire Chief
may, in his discretion, permit notice of less than one (1) duty day where there are extenuating
circumstances, and provided further, the Fire Chief shall not exercise his discretion in an
arbitrary or capricious manner. The hours worked by the substitute employee shall be excluded
by the Village in the calculation of hours for which the substitute employee would otherwise be
entitled to compensation, including overtime compensation. If a substitute employee works all
or part of another employee's scheduled work shift in accordance with this Section, then the
hours worked by the substitute employee shall be counted as hours worked by the employee who
was originally scheduled to work that shift.
Section 13.8. Call -Back Pay. Employees called back to work outside their normal hours
of work, i.e., hours not continuous to their normal shift or on two days not regularly scheduled)
shall be paid their applicable rate of pay for all hours worked outside their normal shift, with a
minimum of two (2) hours' pay.
Section 13.9. No Pyramiding. The overtime and premium pay provisions of this
Agreement shall not be pyramided. Accordingly, compensation shall not be paid more than once
for the same hours under any provision of this Article or Agreement.
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ARTICLE XIV
WAGES
Section 14.1. Firefighters Salaries.
2016-2017 FISCAL YEAR
Effective May 1, 2016, all steps of the salary schedule shall be increased across the board
by two percent (2.0%). Accordingly, effective May 1, 2016, employees covered by this
Agreement and hired before April 30, 2007 and those hired on or after May 1, 2007, shall be
paid on the basis of the following annual salaries:
Step
Description
May 1, 2016
Annual Salary
1
Starting
$63,870.77
2
After completion of 1 year
$68,723.66
3
After completion of 2 years
$73,575.50
4
After completion of 3 years
$78,429.72
5
After completion of 4 years
$83,282.61
6
After completion of 5 years
$88,134.71
7
After completion of 6 years
$92,987.34
2017-2018 FISCAL YEAR
On May 1, 2017, if the top step firefighter base salary is not within $170 of the top step
base salary of the Village's represented police officers as of May 1, 2017, the parties agree to
meet to discuss what percentage adjustment is needed to bring the top step base salary of
firefighters to $170 less than the negotiated top step base salary of the Village's represented
police officers for the 2017-2018 fiscal year. The parties agree if such a percentage adjustment
is needed for the fiscal year, all steps of the salary schedule shall be adjusted by the same
percentage.
Example: If as of May 1, 2017, the parties agree that the top step firefighter base salary
has to be increased by 2.444% in order to bring the top step firefighter base salary to
$170 less than the negotiated top step base salary of the Village's represented police
officers as of May 1, 2017, then the firefighter base salary at each of the remaining steps
shall likewise be increased by 2.444% for the 2017-2018 fiscal year.
2018-2019 FISCAL YEAR
Effective May 1, 2018, all steps of both the salary schedules for employees hired before
April 30, 2007 and for employees covered by this Agreement and hired before April 30, 2007
and those hired on or after May 1, 2007, shall be increased across the board by two percent (2%).
23
Section 14.2. Fire Lieutenants Salaries and Merit Adjustments. The Defined Merit Plan
uses set slots to move Fire Lieutenants from the entry rate to the 66"' percentile of the pay range
based upon merit. The slots range from the entry rate through Slot 5. Slot 2 is the 33`d percentile
of the range. Slot 5 is the 66`h percentile of the range. From the 66`h percentile forward, the Fire
Lieutenant is strictly open merit with the ability to move to 100% of the pay range (Maximum).
Fire Lieutenants will receive a general wage increase on May 1 as defined below. On the Fire
Lieutenant's promotional anniversary date, the Fire Lieutenant has the ability to move up to
his/her next slot. A Fire Lieutenant who moves into a specific slot on his/her promotional
anniversary date in the current year will remain in that specific slot until his/her evaluation on
his/her promotional anniversary date the following year. Salary adjustments in pay will continue
to be conditional upon meeting standards on the performance evaluation. A normal merit
increase in the Defined Merit Plan is one slot.
The Open Merit may be between 0 percent and 5 percent. The maximum percentage is
determined by the Village Board each fiscal year. The Open Merit percentage will be identical
for Village Management and Lieutenants. Salary adjustments in pay will continue to be
conditional upon meeting standards on the performance evaluation.
2016-2017 FISCAL YEAR
Effective May 1, 2016, the pay range for fire lieutenants shall be increased by two
percent (2%). No lieutenant can receive an annual wage below the minimum of the range nor
above the maximum of the range. All lieutenants shall be paid at least 8% higher than the top
step salary of firefighters. Accordingly, effective May 1, 2016, Lieutenants covered by this
Agreement shall be paid on the basis of the following annual salaries:
Merit
Description
Annual Salary
Entry
Starting
$100,426.33
I
Defined Merit Slot 1
$101,775.24
2
Defined Merit Slot 2 (33% of range)
$103,124.14
3
Defined Merit Slot 3
$104,023.41
4
Defined Merit Slot 4
$104,922.68
5
Defined Merit Slot 5 (66% of range)
$105,821.96
Open
Maximum
Open Merit
$108,601.52
2017-2018 FISCAL YEAR
(a) On May 1, 2017, if the maximum of the salary range for lieutenants is not within
$180 of the maximum of the salary range for the Village's police sergeants as of May 1, 2017,
the parties agree to meet to discuss what percentage adjustment is needed to bring the maximum
of the salary range of lieutenants to $180 less than the negotiated maximum of the salary range
of the Village's police sergeants for the 2017-2018 fiscal year. The parties agree if such a
percentage adjustment is needed for the fiscal year, all slots of the salary range shall be adjusted
by the same percentage.
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Example: If as of May 1, 2017, the parties agree that the salary range maximum of
lieutenants has to be increased by 2.555% in order to bring the salary range maximum of
lieutenants to $180 less than the salary range maximum of the Village's police sergeants
as of May 1, 2017, then all of the remaining slots of the lieutenant salary schedule for the
2017-2018 fiscal year shall likewise be increased by 2.555%.
(b) In the event the parties are unable to agree upon (1) the percentage adjustment
needed to bring the top step base salary of firefighters to $170 less than the negotiated top step
base salary of the Village's represented police officers for the 2017-2018 fiscal year, and/or (2)
the percentage adjustment needed to bring the maximum of the salary range for lieutenants to
$180 less than the salary range maximum of the Village's police sergeants for the 2017-2018
fiscal year, the parties reserve the right to exercise their rights under Section 14 of the Illinois
Public Labor Relations Act to resolve said issue(s).
2018-2019 FISCAL YEAR
Effective May 1, 2018, all steps of the salary schedules for Lieutenants shall be increased
across the board by two percent (2%).
Section 14.3. Grievances Over Denial of Merit Pay. If a lieutenant alleges that the
Village has arbitrarily and capriciously denied him a merit adjustment, he may file a grievance in
accordance with the grievance and arbitration procedure set forth in Article IX of this
Agreement.
Section 14.4. Paramedic Pay. Effective May 1, 2016, employees who are certified as
paramedics and who are assigned to perform paramedic duties for the Fire Department shall
receive a paramedic stipend of $ 4,400 per year.
Effective May 1, 2017, employees who are certified as paramedics and who are assigned
to perform paramedic duties for the Fire Department shall receive a paramedic stipend of $ 4,500
per year.
Effective May 1, 2018, employees who are certified as paramedics and who are assigned
to perform paramedic duties for the Fire Department shall receive a paramedic stipend of $ 4,600
per year.
An employee who is certified and assigned to paramedic duties for only part of the year
shall receive a prorated paramedic stipend.
The paramedic stipend shall be included in an employee's base salary for purposes of
computing overtime pay and sick leave buyback.
Section 14.5. Longevity Pay. Employees who have completed the appropriate length of
service as stated below shall receive longevity payments as follows:
25
FULL YEARS OF
Previous Amounts
5/1/16 to5.1117
to
5/1/18 to
SERVICE
for 5/1/15
4/30/17
4/30/18
4/30/19
10-14 years
$750.00
$975.00
$1,07
$1,100.0
5.00
0
15-19 years
$850.00
51,0
$1,17
$1,200.0
75.00
5.00
0
20 years and over
$1,000.00
$1,225.00
$1,325.00
$1,350.00
Section 14.6. Retroactivity. The increases in salaries for both firefighters and
lieutenants and the increases in the paramedic stipend and longevity pay shall be retroactive to
the effective dates specified herein for employees still on the active payroll on the effective date
of this Agreement, provided that any employee who retired after May 1, 2012 but before the
effective date of this Agreement shall also be eligible to receive retroactive pay based on the
hours worked between May 1, 2012 and the date of retirement. Payment shall be made on an
hour for hour basis for all regular hours actually worked since May 1, 2012, as well as all hours
of paid leave and vacation, holiday pay or overtime hours between May 1, 2012, and the
effective date of this Agreement. In calculating overtime for retroactivity purposes, paid time off
for vacations and holidays shall be counted as hours worked solely for the purpose of
determining eligibility for overtime pay.
Section 14.7. Pav Rate for Firefghters Assigned Insnectional Services Division Work.
Provided employees have signed a Section 7(g) agreement prepared by the Village in accordance
with the provisions of this Section, if the Village, in its discretion, hires back employees to work
in the Inspectional Services Division outside their regularly scheduled hours of work, such work
shall be compensated at $16.00 per hour.
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ARTICLE XV
INSURANCE
Section 15.1. Coverage. The comprehensive medical program in effect when this
agreement is ratified shall be continued during the term of this agreement; provided, however,
the Village reserves the right to change insurance carriers, HMO's, and benefit levels as long as
the coverage and benefits remain substantially similar. The deductibles and co-insurance
features shall not be changed absent mutual agreement of the parties.
Notwithstanding the language in this Article 15, the Village agrees on a non -precedential
basis to maintain the current level of benefits, insurance co -pays and deductibles at their May 1,
2015 levels, through April 30, 2016.
The Village reserves the right to self -insure or utilize group insurance carriers as it deems
appropriate. The Village will notify the Union of any changes in insurance, and upon request,
will discuss these changes prior to implementation and such changes shall be subject to Section
15.5 below.
Section 15.2. Cost of Medical and Dental Insurance. Effective May 1, 2012, the Village
will contribute 85 per cent of the designated premium costs of participation in the Village plan
(including dental plan) for single, single plus one dependent, and family coverage for 85 percent
of the cost participation in one of the HMOS for single, single plus one dependent, and family
coverage and the employee shall contribute 15 percent of the costs of the program and coverage
selected.
Notwithstanding any other provisions of this Article on insurance, the Village reserves
the right, after prior consultation with the Union, to make the minimal amount of changes in
insurance benefit levels which the Village reasonably believes are necessary to avoid imposition
of the Affordable Care Act's Excise Tax. Any such changes must also be made applicable to all
unrepresented Village employees covered by the Village's insurance plan(s) and all Fire
Department managerial or supervisory personnel who are covered by the Village's insurance
plan(s). Either party may, on May 1, 2017, elect to reopen negotiations over the previous two
sentences of this Agreement only, pertaining to the Affordable Care Act's Cadillac Tax, and such
reopener negotiations shall be subject to IPLRA, Section 14 interest arbitration, if agreement is
not reached during such reopened negotiations.
In 2014, the Village formed an informal Health Insurance Committee made up of
representatives from each department and/or employee (union) group. We meet a couple times a
year to discuss annual renewal projections, proposed plan changes and the overall affect on the
insurance plan based on the proposed changes. Such meetings are meant to keep employees
informed about the status of the Village's insurance plans and the effects of any proposed
changes. The Village will have the final decision in making appropriate changes to the plan as
needed.
Section 15.3. Term Life Insurance. The Village will continue to provide life insurance
coverage for each Firefighter and Fire Lieutenant in. amount equal to each Firefighter or Fire
Lieutenant's annual base salary. Dependent life insurance in the amount of $5,000.00 for the
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current spouse and $3,000.00 for each dependent child will also be provided. The Village will
contribute 100% of the total cost for this Basic Life Insurance Benefit.
A voluntary Supplemental Life Insurance program will continue to be made avaifable at
rates regulated by the insurance carrier. Firefighters and Fire Lieutenants who wish to
participate in this program will contribute 100% of the total cost once their participation is
approved by the insurance carrier.
Section 15.4. Employee Assistance Program. The employees covered by this
Agreement shall be eligible to participate in the portions of an EAP that are in effect for Village
employees on the same terms and conditions that are applicable to Village employees generally.
Section 15.5. Cost Containment. The Village reserves the right to institute any cost
containment measures relative to insurance coverage, provided that group health, medical and
hospitalization insurance and dental benefits will be substantially similar to those provided prior
to the signing of this Agreement. Such changes may include, but are not limited to, mandatory
second opinions for elective surgery, pre -admission and continuing admission review, preferred
provider options, prohibition on week -end admissions except in emergency situations, and
mandatory outpatient elective surgery for certain designated surgical procedures.
Should the Village elect to change providers or to add different types of plans for the
purpose of cost effectiveness, it shall be the sole right of the Village to do so, provided notice is
given to the Union and such changes are not made for arbitrary or discriminatory reasons, nor
shall any change, modification or authorization result in the unreasonable unavailability of health
care services for employees covered by this Agreement. Any such changes will not affect an
employee who is hospitalized or undergoing a course of treatment that has previously been
approved.
Section 15.6. Section 125 Flex Program. The Village will continue to offer Firefighters
and Fire Lieutenants the opportunity to participate in the Village Section 125 Flex program on
the same terms and conditions applicable to other Village employees generally. The Village will
continue to offer this program only so long as the program continues to be authorized by the
Internal Revenue Service.
Section 15.7. Insurance Coverage of Retirees.
(a) Generally. During the term of this Agreement, participation in health, dental, and
life insurance programs for retirees and their eligible dependents will continue in accordance
with the practice in effect as of December 1, 1993. Retirees shall be required to pay 100% of
the monthly premiums as may be established from time to time for health, dental, and life
insurance benefits.
(b) Insurance Coverage While on Disability Pension. Any employee who is receiving
a disability pension as a result of an on-the-job injury shall continue to receive the same health
insurance coverage for himself/herself and his/her dependents at no cost to said retiree for the
first one (1) year; thereafter, the retiree shall be required to pay 100% of the monthly premiums
as may be established from time to time.
9.1
Any employee who is receiving a disability pension as a result of an off -the -job injury
shall have the right to maintain health insurance coverage for himself/herself and his/her
dependents through participation in the Village's health plans by paying 100% of the monthly
premiums as may be established from time to time.
(c) Insurance Coverage at Time of Normal Retirement. If an employee retires and
converts a disability pension to a normal retirement pension, the employee shall be eligible to
maintain participation in the health insurance for himself/herself and his/her eligible dependents
by paying 100% of the monthly premiums as may be established from time to time.
Section 15.8. Terms of Insurance Policies to Govern. The extent of coverage under the
insurance policies (including HMO and self-insured plans) referred to in this Agreement shall be
governed by the terms and conditions set forth in said policies. No insurance policy (including
HMO and self-insured plans) referred to in this Agreement shall be considered a part of this
Agreement and any questions or disputes concerning said insurance policies or benefits
thereunder shall be resolved in accordance with the terms and conditions set forth in said
policies. The Village will designate representatives who will be available for consultation with
claimants, and such representatives will assist claimants in processing claims which the Village
agrees are well founded under the applicable policy or plan.
Section 15.9. Open Enrollment Sessions. Open enrollment sessions that bargaining unit
employees can attend without loss of pay in order to obtain information about the Village's
insurance plans will be conducted on three consecutive calendar days.
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ARTICLE XVI
VACATIONS
Section 16.1. Amount of Vacation. Firefighters shall be eligible for annual paid
vacation based upon their years of continuous service. The firefighter's anniversary date shall be
the basis of determining the number of completed years of service as follows:
Completed Years of Service
After 1 yr. through 4 yrs.
After 5 yrs. Thru 9 yrs
After 10 yrs. through 14 yrs.
After 15 yrs. through 19 yrs.
After 20 yrs. through 24
After 25 yrs.
Annual Vacation
5-24 hour shifts
8-24 hour shifts
9-24 hour shifts
10-24 hour shifts
12-24 hour shifts
13-24 hour shifts
Fire lieutenants shall be eligible for annual paid vacation based upon their years of
continuous service. The fire lieutenant's anniversary date shall be the basis of determining the
number of completed years of service as follows:
Completed Years of Service
After 1 yr. through 4 yrs.
After 5 yrs.
Thru 9 yrs
After 10 yrs.
through 14 yrs.
After 15 yrs.
through 19. yrs.
After 20 yrs.
through 24
After 25 yrs.
Annual Vacation
6-24 hour shifts
9-24 hour shifts
10-24 hour shifts
11-24 hour shifts
13-24 hour shifts
14-24 hour shifts
Vacations are to be scheduled and taken during the calendar year based on the number of
days of vacation the employee is eligible to earn for the anniversary year that ends during that
calendar year. If an employee terminates prior to his anniversary date and has taken more
vacation time off than earned during that year, the employee shall reimburse the Village for the
amount of vacation pay received which was not earned.
Section 16.2. Vacation Pay. Vacation pay shall be paid at the rate of the employee's
straight -time hourly rate in effect for the employee's job classification on the payday
immediately preceding the employee's vacation.
Section 16.3. Vacation Scheduling. Employees shall be granted vacation time by the
Village in accordance with the employee's desires to the extent provided in this Article. On or
about November 1, the Fire Chief or his designee shall post a notice for each shift to schedule
vacation from January 1 through December 31 of the next calendar year. The employees on each
shift shall then select their vacation preferences in the order of their seniority, with the most
senior employee having first choice, the next most senior employee having the second choice,
and so on; provided, however, only two lieutenants may be scheduled off on vacation on any
duty day. Any shift changes for the following calendar year shall, to the extent practicable, be
made prior to November 1.
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Employees may schedule only consecutive days off in their initial and subsequent picks
of vacation days. Vacation days must be scheduled in increments of at least one duty day at a
time. All vacation picks, as well as floating holiday and holiday time off picks shall be
completed by December 15.
After vacations have been scheduled in accordance with the foregoing, employees in the
same classification may trade or reschedule previously scheduled vacation days with the prior
approval of the Fire Chief or his designee. Ordinarily, requests to trade or reschedule a vacation
day will be granted if it will not result in more than five (5) employees being scheduled off on
vacations, floating holidays or holiday time off and the rescheduling will not require a hireback.
A sixth slot for vacation and other paid time off will made available if necessary to avoid
the loss of earned vacation and other paid time off.
Section 16.4. Limitation on Accumulation of Vacation. Except as provided below,
earned vacation may not accumulate from year to year and any vacation days not so taken shall
not create any obligation on the part of the Village. As a result, all vacation days must be taken
by the end of the calendar year in which they are supposed to be scheduled or they will be lost
unless one of the following two exceptions is applicable:
(a) An employee who is prevented from taking all his earned vacation prior to the end
of the calendar year because he/she is off on extended sick leave or disability
leave may carry over any such days to the next calendar year.
(b) An employee's request to carry over earned vacation days to the next calendar
year is specifically approved by the Village Manager.
Section 16.5. Pay for Earned but Unused Vacation Upon Termination. If at the time of
termination an employee has earned but not used vacation time, calculated through his last full
payroll period, said vacation time shall be paid at the employee's rate of pay at time of
termination. In the event of death, any vacation earned but unused shall be paid to the
designated beneficiary of the deceased employee. Employees with less than 12 months of
continuous service at termination shall not receive any vacation pay. Except as provided in this
section, there shall be no salary payment made in lieu of vacation.
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ARTICLE XVII
LEAVES OF ABSENCE
Section 17.1. Sick Leave.
The Village shall grant Sick Leave that is paid Leave of Absence due to Non -Service
injury/illness. The Sick Leave shall be accrued at the rate of twenty-four (24) hours for each
month of service. The Sick Leave shall continue to accumulate up to a maximum of 1,440 hours.
Employees become eligible for Sick Leave Pay immediately upon employment to the extent
accrued.
Sick Leave will be granted to an employee who is unable to report to work due to non -
work related illness or injury that prevents him/her from effectively performing his/her job.
To be granted sick leave the employee must call in during the time twelve (12) hours
prior to the start of his assigned shift, no later than 07:30 hours. The employee is required to
report only that he is requesting sick leave and will be unable to report for duty.
Sick leave shall also include any form of preventive medicine or treatment that requires
the employee to take time off during normal hours to see his/her doctor, receive hospital or
clinical services, dental care, optometrist appointment, and other similar medical attention.
An employee will not use his/her Sick Leave for a work related injury.
All outside employment activity that is inconsistent with the purpose of the sick leave
must be discontinued while on approved sick leave.
It is specifically agreed that the Village has the right to audit, monitor, and/or investigate
sick leave usage and, if an employee is suspected of abuse, or if the employee has prolonged
and/or frequent absences, to take corrective action, including such actions as discussing the
matter with the employee, requiring that the employee seek medical consultation, instituting sick
leave verification calls (for employees suspected of abuse, including employees who are
frequently absent), and/or taking disciplinary action, including dismissal.
For an employee to be suspected of abuse, it means that the employee has:
(i) had more than four (4) sick leave occurrences in a 12 month period, and/or
(ii) had more than three (3) sick leave occurrences tied in to a scheduled day
off (e.g. Kelly Day, a vacation day, a duty trade day) in a 12 month
period, and/or
(iii) had more than two (2) sick leave occurrences either tied to a specific event
or condition (e.g. hot drills, hazmat training, tower rescue, extremely hot
day, etc.), and/or
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(iv) used sick leave for secondary employment or any other inappropriate uses
on any occasion (e.g going to a Bears game after calling in sick with the
flu, playing in a baseball game after calling in sick with a sore ankle, etc.).
(Occurrence means each single event of calling in sick whether it be for two hours, 24
hours, or more, for which a medical note is not provided.)
For purposes of this language a 12 month period is defined as January 1 to December 31.
Employees suspected of sick leave abuse will not be disciplined. An employee meeting
any of the above criteria who is found to have abused sick leave may receive progressive
discipline in accordance with the current collective bargaining agreement, up to and including
dismissal; provided, however, that in cases of flagrant abuse (see paragraph iv above), it is not
necessary to use progressive discipline.
With regard to an employee suspected of sick leave abuse, should the Fire Chief, or his
designee, order an employee to obtain an examination to determine that employee's illness
and/or fitness for duty, the medical expense, including that employee's time off, shall be borne
by the Village.
Section 17.2. Emergency Leave.
(a) Employees are eligible for Emergency Leave benefits in the event of the death or
serious illness and/or injury in the immediate family. Except for a death in the immediate
family, the part day, day, or days used for Emergency Leave shall reduce the employee's sick
leave accumulation by an equal amount.
When Emergency Leave is requested, the employee shall state the nature of the
emergency, reason for request, and duration of absence. The shift commander may
require employee to return to work prior to the end of their shift.
(b) For purposes of this section, immediate family shall include current spouse, civil
union domestic partner, natural born, step, legally adopted, or foster child or grandchild, parent
(including step parent and foster parent) or grandparent, sister or brother, brother-in-law, or
sister-in-law, parent or grandparent of a current spouse, son-in-law or daughter-in-law, (no
matter where they live), and any other relative living in the employee's household.
(c) An Emergency Leave benefit of twenty-four (24) hours may be granted by the
Department Head. This twenty-four (24) hour period may be extended by the Village Manager.
Requests to use Emergency Leave shall not be unreasonably denied.
(d) Examples of legitimate reasons for use of the Emergency Leave Benefit are as
follows:
1. death or serious illness or injury to an employee's immediate family member;
2. when an employee is required to provide health care to an immediate family
member;
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3. when an employee is required to take an immediate family member to a medical
facility for Emergency care and/or urgent treatment;
4. the employee requires time away from the job to recover from emotional stress
caused directly from a death or serious illness or injury experienced by an
immediate family member;
5. where the employee experiences an emergency situation which seriously
endangers the life and/or well-being of an immediate family member and/or his
property.
Section 17.3. Maternity Leave. Absence from work for maternity reasons shall be
handled in the same manner as any other absence due to illness or injury which qualifies for the
sick leave benefit.
Section 17.4. Paternity Leave. An employee who is the father of a newly born infant or
adopted infant is eligible to receive up to three (3) days of Paternity Leave which shall reduce the
amount of an employee's accrued sick leave by an equal amount. Use will be permitted on days
the mother is in the hospital, the day the baby is born, the day when the wife and baby come
home, and the day after the baby comes home, provided that they are normal work days.
Section 17.5. Military Leave.
(a) Reserve Training Leave. Any full time employee who, as a member of a military
reserve unit of the United States or the State of Illinois, attends summer training, shall be given
leave, not to exceed fourteen (14) consecutive calendar days a year.
This reserve training leave shall in no way affect vacation, sick leave, or other benefits.
The employee will receive full pay during the leave computed at an amount equal to one
hundred (100) percent of an employee's current base pay, less any payments made by the reserve
unit.
(b) Regular Inductee. Any employee who leaves active employment for the purpose
of entering the armed forces or Coast Guard, either by enlistment, draft, or recall, (including
activation of a reserve unit), will be granted a Military Leave of Absence.
Upon the expiration of such Leave of Absence, each employee will be restored to his/her
former job classification or to a position of like seniority, status and pay, unless circumstances of
the Village have so changed as to make it impossible or unreasonable to do so. This will be done
provided:
1. Application for re-employment is made within ninety (90) days after discharge
from active service or hospitalization continuing after discharge for a period of
not more than one (1) year.
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2. Application for re-employment is made by the employee within thirty-one (31)
days after release from performing training duty or rejection before performing
any active duty, of not less than three (3) months.
3. Employee presents certificate showing satisfactory completion of service.
4. Employee's voluntary period of enlistment or recall to active duty does not
exceed four (4) years, plus a one (1) year additional voluntary extension of active
duty if this is at the request and for the convenience of the Government.
Section 17.6. Jury or Witness Duty Leave. An employee whose service on a jury or
appearance as a witness occurs during hours that the employee would have been regularly
scheduled to work shall receive full pay in addition to any fees received; provided, however, an
employee shall not be paid for any such hours in the following circumstances: (1) if the
employee's testimony is requested or subpoenaed by the Union; (2) if the employee's testimony
is before an arbitrator with respect to a pending grievance under this contract, or (3) if the
employee's testimony relates to any case in which the employee is a plaintiff or claimant.
If a bargaining unit employee is required to participate in legal proceedings as a result of
his employment with the Village on an off-duty day, such employee will be compensated for all
hours worked with a two (2) hour guarantee. Actual hours worked shall count as hours worked
for purpose of paying overtime.
Section 17.7. Unpaid Personal Leave.
(a) When a Firefighter or Fire Lieutenant, who has suffered a non -work related
illness or injury, exhausts all accrued sick leave benefits available to him, and he is still unable to
report for work, such employee may be placed on a personal unpaid leave of absence provided:
Written request for sick leave is made;
2. Undesignated benefit time is exhausted except that for a pregnancy leave the
employee may elect to retain up to six (6) sick leave days without being required
to exhaust same.
3. That written application for this personal unpaid leave is made prior to the
exhaustion of usable benefit days or prior to a requested pregnancy leave; and
4. That the leave request is approved by the Department Head and the Village
Manager, except as may otherwise be required by the Family and Medical Leave
Act of 1993. Such a request shall not be unreasonably denied.
(b) Personal unpaid leaves of absence will not exceed a one (1) year period.
(c) Benefits will not accrue during unpaid sick leave, except as may otherwise be
required by the Family and Medical Leave Act of 1993.
35
(d) Except as may otherwise be required by the Family and Medical Leave Act of
1993, the employee on leave will contribute 100% of all premium costs associated with Medical,
Dental, and Life hrsurances. Such payment will be made on a month to month basis, with
payments made by the 5th of any month.
(e) Although the Village does not guarantee the employee's reinstatement to their
current position, every attempt will be made to place the employee back in his original position.
If the position no longer exists or is filled, the Village will make every effort to place the
employee in the most comparable open position. If the employee is unable to be placed, their
status will be considered as if on layoff.
Section 17.8. Unpaid Personal Leave of Absence for Non -Illness or Iniury Related
Activities.
(a) Employees may upon written request, be granted a Leave of Absence without pay
or the accrual of any benefits for a designated purpose and period of time, not to exceed one (1)
year in duration.
(b) The written request must be approved by both the Department Head and the
Village Manager.
(c) Some of the reasons which are eligible for consideration under this provision are:
to pursue educational goals; and
2, other personal reasons.
(d) The request for such personal unpaid leave will be approved or disapproved on
the basis of operational requirements, the availability of qualified replacements, the performance
and attendance record of the employee, and the reason for the request. Such a request shall not
be unreasonably denied.
(e) Although the Village does not guarantee the employee's reinstatement to their
current position, every attempt will be made to place the employee back in his original position.
If the position no longer exists or is filled, the Village will make every effort to place the
employee in the most comparable open position. If the employee is unable to be placed, their
status will be considered as if on layoff.
Section 17.9. Retirees Sick Leave Buy -Back. Employees covered by this Agreement
who retire from the service of the Elk Grove Village Fire Department with at least twenty (20)
years of service in the department at the time of their retirement shall be eligible to be
compensated upon retirement for certain unused sick leave days in accordance with the
provisions set forth below:
A. Threshold: In order to qualify for any sick leave buyback, the employee must
have in his/her accrued sick leave bank, at a minimum, 900 hours of unused sick
leave.
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B. Amount of Sick Leave Buyback: Effective on the day following the execution of
Us Agreement by both parties and thereafter, employees qualifying for a sick
leave buyback shall receive fifty percent (50%) of the value of unused sick leave
hours to be bought back by the Village at the employee's rate of pay at time of
retirement, which shall include the value of the employee's paramedic stipend, if
any:
C. Qualified Medical Savings Plan: The amount attributable to unused sick leave in
accordance with the above schedule shall be deposited on an pre-tax basis (as
long as applicable IRS regulations allow such deposits to be made in pre-tax
dollars) at the time of the employee's retirement in the employee's Medical
Savings Account for use by the employee for purposes specified in the Village's
Medical Savings Account plan documents. The use of said funds shall be
regulated by the plan, and any administrative costs shall be paid by the plan or
plan participants.
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ARTICLE XVIII
HOLIDAYS AND HOLIDAY PAY
Section 18.1. Designation of Holidays. The following days shall be considered holidays
during the term of this Agreement:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
For purposes of this Article, if a majority of the hours of an employee's shift fall on the holiday
(12:00 midnight through 11:59 p.m.), the entire shift shall be considered as falling on the
holiday. On the other hand, if less than a majority of the hours of a given shift do not fall on the
holiday, the entire shift shall not be deemed to fall on the holiday. Example: An employee
whose regularly scheduled shift commences at 8:00 a.m. on Labor Day and who works the entire
24-hour shift shall be deemed to have worked 24 hours on said holiday for holiday pay purposes.
Section 18.2. Eligibility Requirements. To be eligible for holiday pay employees must
work their full scheduled day before and their full scheduled day immediately following the
holiday(s). To be eligible for holiday time off without loss of pay, employees must work their
full scheduled day before and their full scheduled day immediately following the duty day picked
for holiday time off. If absent either or both of these days dues to claimed illness, the Village
may require medical proof of such illness.
Section 18.3. Pay for Holiday Work. If an employee is regularly scheduled to work on a
holiday and does so work, the employee, if he meets the eligibility requirements set forth in
Section 18.2 above, shall be paid an hour's pay for all hours worked on said holiday. In addition,
the employee shall be paid his regular pay for the day in question.
If an employee is regularly scheduled to work on a holiday and the employee is
scheduled off on a vacation day or floating holiday, there shall be no deduction from the
employee's vacation or floating holidays. In addition, if an employee's work reduction day is
scheduled on a holiday, the employee shall receive an additional 24 hours off without loss of
pay.
Section 18.4. Holiday Time Off for Lieutenants. If a holiday falls on a Lieutenant's
regularly scheduled day off, the Lieutenant shall receive 24 hours off without loss of pay for
each such holiday ifhe meets the eligibility requirements set forth in Section 18.2 above. In lieu
of holiday time off for holidays that fall on a lieutenant's regularly scheduled day off, lieutenants
shall receive work reduction days as provided in Section 13.2(c).
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Section 18.5. Floating Holidays.
All 24-hour shift employees shall receive three (3) floating holidays (i.e., three (3) 24 -
hours shifts off without loss of pay) each calendar year. If an employee is employed for less than
the entire calendar year as a member of the bargaining unit, the employee shall receive floating
holidays in accordance with the following schedule:
Period of Employment
Number of Floating Holidays
4 months or less
1
5 thru 8` month
2
9" thru 12` month
3
Section 18.6. Scheduling of Floating Holidays. Floating holidays shall be scheduled in
accordance with the Department's policies and practices in effect during calendar 1993.
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ARTICLE XIX
GENERAL PROVISIONS
Section 19.1. Bulletin Boards. The Village shall permit the Union President or his
designee to utilize one bulletin board provided by the Union in each fire station in an approved
location readily visible to the Union members. All postings shall be initialed by the Union
official authorizing its posting and a copy shall be provided to the Fire Chief as it is posted. The
Union will limit the posting of Union notices to such bulletin boards and shall be responsible for
maintaining its bulletin boards. The Union will limit postings to information to keep employees
advised about Union matters and which are of a non-inflammatory and non-partisan political
nature.
In addition, the Union President or his designee can place Union materials of a non-
inflammatory and non-partisan political nature in the mail boxes of members of the bargaining
unit located in the Fire Administration Building, provided that the exercise of this privilege shall
be done during non -duty time and shall be at no cost to the Village.
Section 19.2. Ratification and Amendment. This Agreement shall become effective
when ratified by the Village Board and the Union membership and signed by authorized
representatives thereof and may be amended or modified during its term only with mutual
written consent of both parties.
Section 19.3. Termination Effect. Upon the termination of this Agreement, all benefits
and obligations hereunder shall be terminated and shall not survive the Agreement, unless
extended by written agreement. This provision shall not affect the right of the parties to
commence mediation or arbitration under the statute.
Section 19.4. Physical Fitness. (a) The Village may establish a reasonable mandatory
physical fitness program which, if established, will include individualized goals. No employee
will be disciplined for failure to meet any goals that may be established, as long as the employee
makes a good faith effort to meet any such goals. Before any new program is implemented, the
Village shall review and discuss the program at a meeting of the Labor -Management Committee
and such program will be based on individualized goals.
(b) An employee's participation in a mandatory physical fitness program shall
normally occur during an employee's tour of duty. Employees shall not be prohibited from
participating in a mandatory physical fitness program during assigned time if all regularly
assigned duties, including training, have been completed and approval has been granted, in
advance, by a non bargaining unit supervisor, provided that approval shall not be arbitrarily and
unreasonably denied. Participation in voluntary physical fitness activities shall not occur during
assigned time.
(c) The foregoing shall not be construed to either relieve an employee of his
obligation to meet reasonable job-related physical fitness standards that may be established by
the Village or interfere with the Village's right to terminate an employee who is unable to meet
reasonable job-related physical fitness standards.
.m
Section 19.5. Uniforms. Employees who are required to wear and regularly and
continuously maintain prescribed items of uniform clothing and personal equipment shall be
issued such clothing or equipment under the following circumstances:
1. The Fire Chief or his designee determines that an employee's clothing or
equipment is damaged beyond repair through causes other than negligence of the
employee; or
2. The Fire Chief or his designee determines that an employee's clothing or
equipment is worn and in need of replacement because of ordinary wear and tear;
or
3. The Fire Chief or his designee specifies new or additional items of uniform
clothing and personal equipment.
Employees shall be required to clean and maintain uniforms at their own expense, and
will be responsible for the return of uniforms and equipment purchased with Village funds in
good condition, less normal depreciation and destruction in the course of employment.
Section 19.6. Secondary Employment. The parties agree that the jobs held by the
employees covered by this Agreement are their primary jobs and that if there is any conflict
between their primary jobs with the Village and any secondary employment, the conflict shall be
resolved in favor of the primary job. Accordingly, all secondary employment (including self-
employment), including any changes in the nature and/or extent of such employment, shall be
subject to the approval of the Fire Chief and Village Manager; provided that such approval shall
not be arbitrarily and unreasonably withheld. The employee shall be advised within one week of
whether the request to engage in secondary employment has been approved or disapproved
unless the Fire Chief and or Village Manager are not available to act on said request within one
week.
Paid sick leave will not be provided for an employee who suffers an occupational
sickness, injury or disability as a direct result of outside employment. In addition, an employee
is not eligible for any medical coverage under the Village Health Plan for any occupational
sickness, injury or disability that occurs to him/her as a direct result of outside employment.
Section 19.7. Fitness Examinations. if there is any question concerning an employee's
fitness for duty or fitness to return to duty following a layoff or leave of absence, the Village
may require, at its expense, that the employee have an examination by a qualified and licensed
physician or other appropriate medical professional selected by the Village. The Village may
also require any or all employees to take a complete physical examination as often as once a
year, with one week's notice to the employee, at the expense of the Village.
All such examinations shall be in addition to any requirement that an employee provide at
his/her own expense a statement from his/her doctor upon returning from sick leave or disability
leave.
Where the Village directs an employee to be examined, the employee shall have the
option at the employee's expense of being examined by a medical professional of his/her own
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choosing who is qualified and licensed. If there is a difference of opinion between the Village's
medical professional and the employee's medical professional, and the Village does not accept
the opinion of the employee's medical professional, the employee shall be directed to obtain the
opinion of a third medical professional of equivalent qualification who shall be jointly selected
by the Village's medical professional and the employee's medical professional. In such event,
the decision of the third medical professional shall determine the employee's fitness for duty.
The cost of the third medical professional shall be equally divided by the employee and the
Village.
If it is determined that an employee is not fit for duty based on the foregoing, the Village
may place the employee on sick leave (or unpaid medical leave if the employee does not have
any unused sick leave days), or take other appropriate action. Nothing herein shall be construed
to alter or have any effect on either the statutory rights or the statutory requirements concerning
disability pensions.
Section 19.8. Subcontracting. (a) No employee shall be laid off as a result of any
decision by the Village to subcontract any work performed by employees covered by this
Agreement.
(b) Notwithstanding the foregoing, basic fire suppression work shall not be
subcontracted, provided that this provision shall not be applicable to any mutual aid agreements
that the Village has or may have with other fire departments or if there is a violation of section
10.1 (No Strike).
(c) If the Village subcontracts non -fire suppression work performed by employees
covered by this Agreement, no bargaining unit employee shall be directly supervised by non -
sworn personnel as a result thereof.
Section 19.9. Maintenance of Specific Working Conditions. During the term of this
Agreement, the Village will continue to maintain the following working conditions for
employees who are assigned to 24-hour shifts:
(a) Shift personnel shall be allowed, with the approval of their Company officer,
reasonable time to shop for food and kitchen supplies during their tour of duty.
(b) Employees shall be allowed to use non -Village TV sets and video equipment,
telephones, and hobby materials as may be available at the firehouse during their non -assigned
time, subject to such reasonable rules and regulations as the Village may prescribe.
(c) Each firehouse shall have a kitchen with sufficient seating, a dayroom with
sufficient seating, a bunkroom with sufficient bedding, bathroom and shower facilities, and a
sufficient number of lockers to accommodate personnel assigned to each firehouse and which
can be locked.
None of the foregoing shall interfere with the normal operations of the Fire Department.
Section 19.10. Notice of Fire Service Training Opportunities. Fire service training
opportunities which the Fire Department decides to offer to employees covered by this
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Agreement at its expense and at no loss of pay to the employee shall be posted on the main
bulletin board in each station. Within the time specified on the posting, any employee who
wants to be considered for the training shall submit a written statement of interest through the
chain of command to the Fire Chief or his designee. Such statement shall include any
information requested on the posting. Eligibility and assignment of these training opportunities
will be determined on the following three successive levels:
(a) Continuing participation in an area of departmental activity which are Hazardous
Materials Team, Vehicle Rescue, Water Rescue, E.M.S. Services, T&T, FAE, Confined Space,
Trench Rescue, and all State of Illinois certifications existing and future.
(b) Logical progression of skills training and/or certifications within above areas.
Example: An opportunity to take the Hazardous Materials Chemistry course would normally be
limited to members of the Haz Mat Team who have already been certified as Hazardous
Materials Technician.
(c) Entry level training in any area of departmental activity.
If at any successive level two or more employees are determined to have equal skill and ability
for the training opportunity, seniority shall govern in the making of the selection; provided,
however, where there are reoccurring conferences/workshops of a similar nature, seniority shall
not be a factor where the most senior applicant(s) have already attended such a
conference/workshop and there are other qualified less senior applicants who have not attended
such a conference/workshop. Where no employee expresses an interest in a given training
opportunity that the Fire Chief determines should be undertaken, assignment among
nonprobationary employees by rotation shall commence with the least senior qualified employee
who would meet departmental needs. Nothing herein shall be construed to require the Village to
offer the training even though it has been posted.
Train -the -Trainer: When "train the trainer" classes are available, the Fire Department will
send up to three (3) interested and qualified (Instructor I and/or Instructor II) personnel to attend
classes, prepare classes for presentation, and present classes to department personnel. The Fire
Department will secure the teaching materials that the qualified instructors believe they need to
teach the class effectively. If equally qualified personnel are interested in a class, the decision of
who attends will be decided by seniority.
Special Team members will be provided with an annual schedule of training
opportunities, as provided by Special Team leaders and approved by the Fire Chief. It will be
the responsibility of each team member to attend at least the minimum drills required, as
determined by the Team Leader and approved by the Fire Chief. Each team member will
attempt to attend all drills scheduled for their duty day, as well as training on his/her off days.
By July Ise of each year, all special team leaders will provide the D/C of Operations with an
attendance list for all team members. Those members who have not attended a minimum of half
the scheduled drills for the year by July 1ST of each year may be ordered by the Fire Chief to
attend the training on his/her normal day off. If there are insufficient special team training
opportunities off-duty, then team members will be ordered to attend on -duty to maintain
necessary training. All attempts should also be made to attend on -duty drills, but a mandatory
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hire -back of other personnel will only be implemented to assist the special team member lacking
in training hours as a last resort. Personnel will be a member of a Special Team for a minimum
of 5 years.
Where the Village pays the cost of an employee to attend fire service training
opportunities, compensation, if any, shall be in accordance with policy in effect.
The provisions of this paragraph shall not be applicable to training opportunities which
may be posted but which are not paid for by the Village.
The Fire Chief may assign training based on the strategic management objective of
succession training to Lieutenants. These classes will be exclusive to the preparation of
personnel for leadership positions.
This seniority exemption is not to be used for classes whose content is governed by the
OFSM, offered by IFSI, Illinois Fire Chiefs Association related to fire suppression, Fire Officer
1, Fire Officer 11, the EMS system, other fire departments/MABAS, team drills or generally
recognized as frontline Firefighters/Lieutenant training.
Section 19.11. Safety Committee. A Safety Committee composed of two (2) persons
designated by the Fire Chief and two (2) bargaining unit employees designated by the Union
President shall be established. If requested by either party, the Safety Committee shall meet
quarterly, or at such other times as a majority of the Committee may deem necessary, for the
purpose of discussing and investigating matters relating to safety in the Elk Grove Village Fire
Department. The Committee may make written recommendations concerning safety issues to
the Fire Chief. The Fire Chief shall have thirty (30) days to issue his written response.
If any Safety Committee meeting is scheduled during the working hours of any employee
who will be attending the meeting, the employee shall be released from duty to attend the
meeting without loss of pay.
Section 19.12. Legal Counsel. In the event an employee is subpoenaed as a witness,
required to provide a deposition or otherwise participate in a legal proceeding not instituted by
the Union which arises out of his employment with the Village and the employee is not a
claimant or plaintiff in such proceeding, the employee, if he makes a timely request through the
chain of command, will be provided an opportunity to discuss the matter with the Village
Attorney prior to testifying or otherwise participating in said proceeding.
Section 19.13. On -The -Job Injury. Village employees who sustain on-the-job duty
connected injuries are entitled to benefits under the Worker's Compensation Act. In order to
receive these benefits, injured employees are required to report the injury within twenty-four (24)
hours, or as soon thereafter as possible, to their immediate supervisor and file an injury report.
Section 19.14. Shift, Station, and Apparatus Assignments. gents. Shift, station, and apparatus
assignments for all positions shall be made by September 15 of each year. Employees shall be
given ten (10) days in which to submit bids for a given shift, station, and apparatus. The bid may
include reasons for a change in shift, station, and apparatus provided that such reasons shall be
considered as confidential. The Fire Chief and/or his designees shall make the determination of
44
shifts and assignments based upon the operational needs of the Department, provided that such
determinations shall not be arbitrary or capricious. Operational needs may include, and are not
limited to issues such as personality disputes between employees. Where requested, the Fire
Chief and/or his designees shall provide a written explanation to any employee as to the reasons
why his/her request was not granted.
Section 19.15. Paychecks and Envelopes. Paychecks will be delivered in sealed
envelopes addressed to individual employees and delivered to station 7 the Friday of the
payweek or the day prior to a holiday falling on a Thursday or Friday of the payweek.
Section 19.16. Paramedics. If an employee hired on or before the ratification date of this
Agreement, 2013, after a minimum of ten (10) years' participation in the Elk Grove Village Fire
Department's paramedic program desires to decertify, the employee may submit a written request
to the Fire Chief through the chain of command. Such requests shall not be arbitrarily or
discriminatorily denied. Voluntary decertification will be facilitated by training candidates for
the program or by the hiring of persons with such training. In the absence of a sufficient number
of volunteers for the program, the least senior non -probationary employee will be required to
enter the program. The Village and the Union will jointly call upon the Foreign Fire Insurance
Board to make a commitment to contribute to professional training to obtain or maintain EMT -B
or EMT -P certification, provided that this shall not be applicable if an employee has to repeat a
certification because he/she failed it in the first time around. The Village shall be responsible for
the remaining professional training costs not paid for by the Foreign Fire Insurance Board.
The Village shall continue to pay all costs to obtain or maintain EMT -B or EMT -P
certification, provided that this shall not be applicable if an employee has to repeat a certification
course because he/she failed it the first time around.
Section 19.17. Personnel File. The Village agrees to abide by the lawful requirements of
Illinois Access to Personnel Records Act, Ch. 48, Article 2001 et seq. of the Illinois Revised
Statutes by providing access to all official Village files.
Section 19.18. Residency. Effective with the signing of this Agreement, for the term of
this Agreement, there shall be no residency requirement.
Section 19.19. Rules and Regulations. Consistent with the provisions of Article VI of
this agreement, as new rules and regulations are established, the Village will provide the Union
with as much advance notice as possible prior to issuance. Such rules and regulations will be
enforced equitably throughout the Department.
Section 19.20. Acting Officer Pay. From time to time Fire Department management
recognizes the need to appoint firefighters to "acting" fire lieutenant positions and to appoint fire
lieutenants to "acting" Battalion Chief positions. In such cases when such "acting" assignments
are made, a five percent (5%) acting pay stipend will be provided on an hour for hour basis.
Section 19.21. Cost of Training and Eqment for New Employees. Each new employee
shall be required as a condition of employment to sign a Training and Equipment Withholding
Agreement, a copy of which is attached as Appendix B.
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Section 19.22. Reimbursement of Costs of Providing Information to the Union. If the
Union reasonably requests information relevant to negotiations or grievance processing, the
Village will provide the Union with reasonable access to such available information. The
Village will not be required to collect or collate such information. If the Union wishes to obtain
a copy of such relevant information and the Village does not have an extra spare copy to provide
to the Union, the Union will reimburse the Village at the rate of $.25 per page. In the alternative,
the Union may have such document(s) duplicated at its expense (e.g., at a copy center such as
Kinko's), with the understanding that the Union will not alter in any way the document(s) and
will promptly return the document(s) to the Village.
Section 19.23. IRS Section 457 Deferred Compensation Plan. Employees covered by this
Agreement shall be eligible to participate in the Village's Section 457 Plan on the same terms
and conditions as are in effect from time to time from the Village's unrepresented employees.
Section 19.24. Smoking Ordinance. Employees shall abide by the Village Smoking
Ordinance as may be amended from time to time.
Section 19.25. Staffing.
(A) Shift Staffing. The Fire Chief shall determine the number of personnel on each
shift necessary to provide the level of fire and EMS protection to Village residents deemed
appropriate by the Mayor and Village Board of Trustees. Before any permanent changes in the
number of personnel on each shift necessary to provide such level of protection are made by the
Fire Chief, which changes shall be neither arbitrary nor capricious, the Union shall be notified
and be given the opportunity to provide its input to the Chief.
(B) Apparatus Staffing. The normal minimum contractual apparatus staffing levels for
each Fire Department emergency responding vehicle when at the scene, which the Fire Chief
decides to place in service, shall when assembled and operational at the scene be;
Three persons on each in-service Engine Company
Three persons on each in-service Aerial (Ladder or Quint) Company
Two persons on each in-service Squad Company
Two persons on each in-service Ambulance Company
For purposes of unforeseeable emergencies (e.g. a firefighter is needed to drive an ambulance to
the hospital; a firefighter becomes incapacitated due to injury or illness), the Fire Department
may temporarily deviate from the above mentioned apparatus staffing levels, provided that the
Fire Department reasonably undertakes the necessary steps to restore the agreed-upon normal
minimum apparatus staffing levels. Efforts to restore apparatus to such normal minimum staffing
levels include, but are not limited to, detailing personnel from another apparatus, hiring back off-
duty personnel, or placing a vehicle out of service.
The Village reserves the right to change the above -referenced normal apparatus minimums if the
EMS System changes its minimum requirements. Further, if the Department decides to
implement new technologies of deployment, the Village will negotiate the implementation of
such new technologies with the Union as described in this paragraph.
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The parties agree that the safety and well-being of its firefighters are of great importance. If at
any time, a decision of the Fire Chief results in any additional, significantly increased unsafe
working condition(s) for bargaining unit members beyond that which is inherent in the normal
performance of firefighter duties, the Union reserves the right under the IPLRA to engage in
mid-term bargaining over this subject matter.
(C) Station Closure. The Village asserts that the number of fire stations opened and
operational or closed and not operational and shift minimums are permissive subjects of
bargaining, while the Union maintains the items are mandatory bargaining subjects.
Without either party waiving their position, the Village hereby voluntarily agrees, on
what it asserts is a permissive basis, that it will not close an existing fire station during the life of
this Agreement, through April 30, 2019. This Subsection (C), Station Closure, shall for all
purposes sunset on April 30, 2019, and shall not he considered to be the status quo after that
date, nor serve as precedent for the future.
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ARTICLE XX
Section 20.1. General. Promotions to the rank of Lieutenant shall be in accordance with
the provisions of this Article. The examination process for promotion to the rank of Lieutenant
shall be competitive among employees in the rank of Firefighter who meet the eligibility
requirements set forth in Section 20. 2 below and desire to submit themselves to such process.
Section 20.2. Eligibility Requirements. Members of the bargaining unit shall be eligible
to participate in the process for promotion to Lieutenant if they (1) have completed a minimum
of four (4) years on the Elk Grove Village Fire Department, including probation, as of the date of
the written examination, and (2) are certified as Advanced Firefighter or Firefighter III as
described by the Illinois Office of the State Fire Marshal.
Section 20.3. Components of the Promotional Process and the Weighting of
Components. The placement of eligible candidates on a Lieutenant promotion list shall be based
on the points achieved by the candidate on each of the following components:
Component
Percentage Weighting
Individual Oral Interview
10%
Chief's Points
10%
Assessment Center
20%
Ascertained Merit
10%
Seniority
10%
Written examination
40%
Each eligible candidate shall be entitled to participate in all components of the
promotional process. If a candidate wishes to withdraw from the promotional process before the
completion of all components of the promotional process, the candidate shall so advise the Board
of Fire and Police Commissioners in writing.
Section 20.4. Promotion Process Components. The components of the promotion
process shall be administered in the following order:
Individual Oral Interviews. The Board of Fire and Police Commissioners and the
Fire Chief shall conduct an individual oral interview with each candidate. Questions
asked during the oral interview shall be job-related and be applied uniformly to all
candidates.
Chiefs Points. The Fire Chief shall assign points based on his/her assessment of
each candidate's qualifications and abilities to perform the duties of Lieutenant. The
Fire Chief will meet with each candidate in private to discuss the assignment of points to
that candidate prior to moving on to the next component. The criteria used in assigning
Chief's points shall bejob-relatedand be applied uniformly to all candidates.
lH
Assessment Center. The Assessment Center shall be conducted by a panel of fire
officers from other comparable Illinois jurisdictions who are designated for this purpose
by the Illinois Fire Chiefs Association. The Assessment Center shall include job-related
exercises. All exercises will be based on Elk Grove Village Fire Department Standard
Operating Guidelines ("SOG's") contained in a single binder and/or generally accepted
published material (i.e., IFSTA).
Ascertained Merit. Ascertained merit shall be computed on the basis of the
following (maximum of 10 points):
1. Successful completion of one or more of the five prescribed classes
needed to be provisionally certificated as a Fire Officer I - 1 point for each
such class that is successfully completed (maximum of 5 points if
provisionally certificated as a Fire Officer 1).
2. Bachelor Degree from an accredited college or university - 3 points, or
Associate Degree from an accredited college or university - 2 points (i.e.,
an employee cannot receive points for both a Bachelor Degree and an
Associate Degree (maximum of 3 points).
3. One point for any of the following (up to a maximum of 6 points):
• Current active participation as a member of one of the Department's
specialized teams for at least one year as of the date the promotional
process begins or prior active participation as a member of one of the
Department's specialized teams for at least five years
Current paramedic certification or prior certification as a paramedic
for at least five years
• Fire Prevention Officer I certification
• Current active participation as a certified Fire Investigator or prior
active participation as a Fire Investigator for at least five years
• Quint certification
• Tower certification
• Served as acting lieutenant at least five times in past 12 months
• Active participation as a member of any Fire Department Committee
for at least one year as of the date the promotional process begins
Seniority. Seniority points shall be computed as of the date of the written
examination. One half (1/2) point shall be granted for each full six (6) months of service
as a sworn member of the Elk Grove Village Fire Department up to a maximum of ten
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(10) points. The seniority list shall include the seniority date, any breaks in service, the
total number of eligible years, and the number of seniority points.
Written Examination. The written examination shall be administered after all the
other components have been administered. The subject matter of the written examination
Shall fairly test the capacity of the candidate to discharge the duties of a Lieutenant. The
written examination shall be developed by an independent outside agency and shall have
been independently validated. The examination shall be based only on the contents of
written materials that the Fire Chief has identified as being appropriate for promotion to
the rank of lieutenant in the Elk Grove Village Fire Department. The written materials
that the examination is based on will be made available to potential examinees at each
fire station at least 90 days before the examination is administered and such written
materials may not be removed from any fire station. The written examination will be
graded on a scale of 0 (i.e., no questions answered correctly) to 100 (i.e., all questions
answered correctly). The written examination will be the last phase of the promotional
process.
Section 20.5. Monitors. One (1) impartial person who is not a member of the Elk Grove
Village Fire Department may be selected by the Union to serve as a monitor by giving written
notice to the Fire Chief at least seven (7) days prior to the first day that monitors are to be used.
If the Union designates a monitor, the Village may also designate a monitor. Each party shall be
responsible for all the costs and expenses of the its designated monitor. Monitors are authorized
to be present and observe the following components of the promotional process: written
examination, individual oral interviews, and assessment center. Monitors shall not interfere with
the promotional process, but shall report in writing the full details and facts concerning any
observed or suspected violations of the provisions of this Article applicable to the component
being observed to the Union, the Fire Chief, and the Board of Fire and Police Commissioners.
To be considered, such written report must be submitted within three (3) calendar days of the
date of the observed or suspected violation.
Section 20.6. Scoring of Components and Posting of Preliminary Promotion List. The
scores for each component of the promotional process shall be disclosed individually to each
candidate after each component is completed and before the next component is administered.
Once all candidates have completed all components of the promotional process, the scores for all
components for each candidate shall be tallied and a preliminary promotion list shall be prepared
by the Board of Fire and Police Commissioners on which candidates shall be ranked in rank
order based on the highest to the lowest points scored on all components of the promotional
process. This preliminary promotion list shall then be posted on the bulletin board at each fire
station.
Section 20.7. Veteran's Preference Points and Posting of Final Promotion List. A
candidate on the preliminary promotion list who is eligible for veteran's preference points under
applicable law may file a written application within 10 days after the initial posting of the
preliminary promotion list. If requested, the veteran's preference points shall be added to the
candidate's total score on the preliminary promotion list. The Board of Fire and Police
Commissioners shall then make adjustments to the rank order on the preliminary promotion list
based on any veteran's preference points that have been awarded. The final promotion list shall
50
then be posted on the bulletin board at each fire station listing in rank order from highest to
lowest the scores of all candidates whose scores for all components of the promotional process
and veteran's preference points, if any, are 70 or better.
Section 20.8. Order of Selection. When there is a vacancy (i.e., a position becomes
vacant due to resignation, discharge, promotion, death or the granting of a disability or
retirement pension, or any other cause) or a newly created position in the rank of Lieutenant that
the Village Board of Trustees has funded and authorized to be filled, the Fire Chief shall appoint
the person with the highest ranking on the final promotional list, except that the Fire Chief shall
have the right to pass over that person if the Fire Chief has reason to conclude that the highest
ranking person has since the posting of the promotion list demonstrated substantial shortcomings
in work performance or has engaged in misconduct affecting the person's ability to perform the
duties of Lieutenant. If the ranking person is passed over, the Fire Chief shall document the
reasons for the decision and shall so advise the person passed over. Unless the reason for
passing over the highest ranking person on the list at the time of the vacancy is not remediable,
no such person shall be passed over more than once. If there is a dispute over the selection of the
second highest ranked person, the highest ranked person may file a grievance in accordance with
the provisions of the grievance and arbitration procedure set forth in Article IX of this
Agreement; provided, however, any such grievance must be filed within seven (7) calendar days
of the date the employee is advised of the Fire Chiefs reason for passing him/her over.
Any candidate may refuse a promotion once without losing his or her position on the
final promotional list. Any candidate who refuses a promotion a second time shall be removed
from the final promotion list, provided that such action shall not prejudice a person's opportunity
to participate in future promotional processes.
Section 20.9. Duration of Final Promotion List. A final promotion list shall be effective
for a period of two years from the date of its posting or the date that the list is exhausted,
whichever occurs earlier. If a vacated Lieutenant position is not filled due to the lack of funding
or authorization and is subsequently reinstated (i.e., funded and authorized by the Village), the
final promotion list shall be continued in effect until all Lieutenant position(s) that were vacated
and not filled due to the lack of funding or authorization have been filled or for a period of five
(5) years beginning from the date on which the applicable position was vacated, whichever
occurs first. In such event, the candidate or candidates who would have otherwise been
promoted when the vacancy originally occurred shall be promoted.
Section 20.10. Right of Review. Any individual participant in the promotional process
who believes that an error has been made with respect to eligibility to take an examination,
examination result, placement or position on a promotion list may file a grievance at Step 4 in
accordance with the provisions of the grievance and arbitration procedure set forth in Article IX
of this Agreement, subject to the following provisions:
A. Any such grievance must be filed within seven (7) calendar days of the date the
final promotion list is posted.
B. The grievance shall be limited to disputes relating to a claim that the Fire Chief or
the Board of Fire and Police Commissioners failed to follow the requirements of
51
this Article in administering the promotional process. Only such objective
grievances shall be allowed under the parties' grievance and arbitration procedure
set forth in Article IX.
C. The grievance shall not involve any claims relating to disputes over the level of
the ratings or points awarded by an evaluator as to any component of the
promotion process, other than the accuracy of the computations of the points
awarded.
If a timely grievance is filed, the promotion shall be held in abeyance pending completion of the
grievance process. During the pendency of any such grievance, the Fire Chief may assign an
employee on a temporary basis to serve as acting Lieutenant.
Section 20.11. Relationship of Article to the Fire Department Promotion Act. If there is
any conflict or inconsistency with either the Fire Department Promotion Act (P.A. 93-0411) or
the rules and regulations of the Elk Grove Village Board of Fire and Police Commissioners, the
provisions of this Article shall be applicable and control. The provisions of the Fire Department
Promotion Act that shall be applicable and control with respect to any subject that is not covered
by the provisions of this Article.
52
ARTICLE XXI
SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision, is or shall at any
time be contrary to or unauthorized by law, or modified or affected by the subsequent enactment
of law, or held invalid and unenforceable by operation of law or by any board, agency or court of
competent jurisdiction, then such provision shall not be applicable or performed or enforced,
except to the extent permitted or authorized by law; provided that in such event all other
provisions of this Agreement shall continue in effect.
In such event, the parties shall, upon the request of either party, commence good faith
bargaining over possible replacement language for the invalidated article, section or portion of
this Agreement.
53
ARTICLE XXIII
TERMINATION
Termination in 2019. Unless specifically provided otherwise herein, this Agreement
shall be effective as May 1, 2016 and shall remain in full force and effect until 11:59 p.m. on the
30th day of April, 2019. It shall be automatically renewed from year to year thereafter unless
either party shall notify the other in writing at least one hundred twenty (120) days prior to the
April 30 anniversary date that it desires to modify this Agreement. In the event that such notice
is given, negotiations shall begin no later than ninety (90) days prior to the anniversary date.
In the event that either party desires to terminate this Agreement, written notice must be
given to the other party no less than ten (10) days prior to the desired termination date which
shall not be before the anniversary date set forth in the preceding paragraph.
Executed this Lth day of 2016.
VILLAGE OF ELK GROVE VILLAGE ELK GROVE VILLAGE FIREFIGHTERS
ASSOCIATION, LOCAL NO. 2340
By rip rj,' c t?L lye SaV� By
55
ARTICLE XXII
ENTIRE AGREEMENT
This Agreement, upon ratification, supersedes all prior practices and agreements, whether
written or oral, unless expressly stated to the contrary herein, and constitutes the complete and
entire agreement between the parties, and concludes collective bargaining for its term unless
otherwise expressly provided herein.
The Village and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter referred to or covered in this Agreement,
including the impact of the Village's exercise of its rights as set forth herein on wages, hours or
terms and conditions of employment. This paragraph does not waive the right to bargain over
any subject or matter not referred to or covered in this Agreement which is a mandatory subject
of bargaining and concerning which the Village is considering changing during the term of this
Agreement, provided the Union makes a timely and proper request to bargain over the change
being considered by the Village.
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APPENDIX A
TRAINING AND -EQUIPMENT WITHHOLDING AGREEMENT
The undersigned hereby authorizes the deduction of $75.00 ($35.00 if the undersigned
has already completed the Fire Academy) from each payroll check paid to him/her by the Village
of Elk Grove Village until the employee completes his/her probationary period.
The undersigned understands that upon attainment of permanent employment status,
he/she will be reimbursed for the total amount that has been withheld.
The undersigned understands that if he/she fails to attain permanent status, the amount
that has been withheld will be used to reimburse the Village for its umeimbursed training and
equipment costs. The undersigned further understands and authorizes the Village of Elk Grove
Village to deduct any additional amount that may be needed to cover the Village's unreimbursed
training and equipment costs from monies due himfher should the undersigned fail to attain
permanent employment status.
Signed:
Date:
SICK LEAVE SIDE LETTER
In return for the Village's willingness to withdraw its proposal to reduce sick leave
accrual from 24 -hours per -month to -12 hours -per month -in Section -17.1 (Sick -Leave), the Union
agrees to participate on a Sick Leave Usage Committee that will be established and that will
consist of three members selected by the Fire Chief and three bargaining unit members selected
by the Union Executive Board. The purpose of this committee shall be to annually review sick
leave usage and to make recommendations to the Fire Chief on ways to reduce average sick
leave usage during the term of this 2007-2012 collective bargaining agreement.