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HomeMy WebLinkAbout76-0119 EFD Union 439 AGREEMENT Between CITY OF ELGIN And LOCAL #439, INIIbRNATIONAL ASSOCIATION OF FIREFIGHTERS 1976-1978 The City of Elgin (herein called "City") recognizes the Fire Employee Relations Committee of Local #439, International Association of Firefighters (herein called "Association") as the sole representative and bargaining agent of all full-time firefighters, and fire lieutenants. This Memorandum of Agreement is made by and between the City and the Association for and on behalf of all full-time firefighters and fire lieutenants employed by the City, and sets forth the wages and benefits for the period January 4, 1976 through December 30, 1978. Each employee represented by the Fire Employee Relations Committee will receive a copy of this Memorandum of Agreement. Item 1. Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and the Fire Department in all its various aspects, including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified in this Agree- ment. Among the rights retained is the City's right to determine its mission and set standards of service offered to the public; to direct the working forces; to assign overtime; to plan, direct, control and determine the opera- tions or services to be conducted in or at the Fire Department or by employees of the City; to assign and transfer employees within the Fire Department; to hire, promote, demote, suspend, discipline, or discharge for just cause, or to relieve employees due to lack of work or for other legitimate reasons; to make and enforce rules and regulations; to change methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement. Any matters within the jurisdiction of the Elgin Board of Fire and Police Commissioners shall not be affected by the terms of this paragraph nor shall this paragraph be deemed to limit the authority or jurisdiction of said Board in any way. Item 2. Non-Interruption of Work The Association, its officers and agents, and the employees covered by this Agreement agree not to instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work, or any other intentional interruption of operations. Any or all employees who violate any of the pro- visions of this Article may be discharged or otherwise disciplined by the City in accordance with the procedures of the Elgin Board of Fire and Police Com- missioners. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Association. Item 3. Union Security All non-probationary employees covered by this Agreement who are members of the Union shall be required to pay Union dues. Employees are not required to join the Union as a condition of employment, but non-probationary employees shall, during the term of this Agreement, pay a service fee in an amount not to exceed the Union dues for the purpose of administering the provisions of this Agreement. Upon receipt of a voluntarily signed written dues checkoff authorization from an employee covered by this Agreement, the City shall during the term of this Agreement deduct the uniform biweekly Union dues of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. In the event a non-probationary employee covered by this Agreement does not voluntarily sign a written dues checkoff authorization, the City, after being requested to do so in writing by the Union, shall make an involuntary deduc- tion from the pay of the employee of a service charge to administer this Agree- ment in an amount that does not exceed the uniform biweekly Union dues and shall remit such deduction to the Secretary-Treasurer of the Union. A copy of the dues checkoff authorization to be used during the term of this Agreement is attached as Appendix A. The Union shall indemnify the City and hold it harmless for all legal costs or other forms of liability, monetary or otherwise, arising out of or by reason of any action taken by the City at the direction of the Union for the purpose of complying with the provisions. Item 4. Range Adjustment Effective January 4, 1976, the salary range of the position of Fire Lieutenant will be adjusted upward one full step. Item 5. Wages Effective January 4, 1976, employees covered by this Agreement shall receive a five and one-half percent (5-1/2%) salary increase. Effective July 4, 1976, employees covered by this Agreement shall receive a one and one-half percent (1-1/2%) salary increase. In addition to the salary increases provided above to take effect on January 4, 1976 and July 4, 1976, there shall be an additional salary increase effective July 4, 1976, if the Consumer Price Index for Urban Wage Earners $ Clerical Workers - Chicago, Ail Items (1967 = 100) (herein called "CPI") for the month of May, 1976 (as made available in June, 1976) has increased one-half of one percent (1/2%) or more above six and one-half percent (6-1/2%) over the preceding CPI for the month of May, 1975. The cost of living increase shall be calculated on the following basis: For each full one-half of one percent (1/2%) increase in the CPI between May, 1975 and May, 1976 above six and one-half percent (6-1/2%), there shall be a salary increase calculated by multiplying each such full one- half of one percent (1/2%) increase by .8. Example: If the CPI increases 8.1 percent (1.6 percent over the 6.5 percent stated above) between May, 1975 and May, 1976, the salary increase would be determined by multiplying 1.5 percent by .8 for a 1. 2 percent salary increase. -2- Effective January 2, 1977, employees covered by this Agreement shall receive a five and one-half percent (5-1/2%) salary increase. Effective July 3, 1977, employees covered by this Agreement shall receive a one and one-half percent (1-1/2%) salary increase. In addition to the salary increases provided above to take effect on January 2, 1977 and July 3, 1977, there shall be an additional salary increase effective July 3, 1977 if the CPI for the month of May, 1977 (as made available in June, 1977) has increased one-half of one percent (1/2%) or more above six and one-half percent (6-1/2%) for the preceding CPI for the month of May, 1976. The cost of living increase shall be calculated on the following basis: For each full one-half of one percent (1/2%) increase in the Index between May, 1976 and May, 1977 above six and one-half percent (6-1/2%) , there shall be a salary increase calculated by multiplying each such full one-half of one percent (1/2%) increase by .8. Example: If the CPI in- creases 8.1 percent (1.6 percent over the 6.5 percent stated above) between May, 1976 and May, 1977, the salary increase would be determined by multiply- ing 1.5 percent by .8 for a 1. 2 percent salary increase. The foregoing salary increases are in addition to all in-range step increases to which employees may be eligible for on their anniversary dates during the term of this Agreement. A decline in the Consumer Price Index during any adjustment period will not result in a reduction of the existing base pay rate on the effective adjust- ment dates. Item 6. Uniform Allowance Effective January 4, 1976, the annual uniform allowance shall be increased from $75 to $125, with payments of $62.50 being issued during January and July of each year. Effective January 2, 1977, the annual uniform allowance shall be increased from $125 to $150, with payments of $75 being issued during January and July of each year. Item 7. Overtime Effective January 4, 1976, the overtime rate for all employees covered by this Agreement shall be one and one-half time the hourly rate based on a 56-hour average workweek for all hours worked in excess of the standard work shift ex- cept for training which shall be compensated at the employee's straight time hourly rate based on a 56-hour average workweek. Item 8. Vacations Effective January 1, 1978, employees covered by this Agreement with eight years of continuous service with the City will be eligible for three weeks -3- vacation and employees with seventeen years of continuous service with the City will be eligible for four (4) weeks vacation. Employees eligible for additional vacation pursuant to this provision may take said additional vaca- tion during the calendar year 1978. Item 9. Personal Day Effective January 4, 1976, employees covered by this Agreement will be permitted to take one personal day per year off without loss of pay, said personal day to be scheduled with the approval of the Fire Chief. Effective January 2, 1977, employees covered by this Agreement shall be eligible to receive a total of two personal days per year off without loss of pay, said days to be scheduled with the approval of the Fire Chief. For the purposes of this provision a personal day shall be equal to an employee's normal shift, e.g. 24 hours for employees working 24 hour shifts and 8 hours for employees working 8 hour shifts. Item 10. Benefit Program Items identified in this Memorandum of Agreement are in addition to the benefit program presently in effect pursuant to applicable ordinances adopted by the City Council. Those benefit items set forth in said program not changed by this Agreement will remain in full force and effect through December 30, 1978. Item 11. Reopener Between October 1 and October 31, 1977, either party may notify the other party in writing of its desire to reopen the Agreement for negotiations. Upon such notice being given, the duly authorized representatives designated by the parties will meet to negotiate the sole issue of salaries for employees covered by this Agreement. Item 12. Grievance Procedure Definition of Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee covered by this Agree- ment and the City with respect to the meaning or application of the express terms of this Agreement. Grievance Procedure. Recognizing that any grievances should be raised and settled promptly, a grievance must be raised within seven (7) calendar days of the occurrence of the first event giving rise to the grievance. A grievance shall be processed as follows: STEP 1: Verbal to Station Captain. By discussion between the employee and the Station Captain. The Station Captain -4- shall answer verbally within seven (7) calendar days of this discussion. STEP 2: Appeal to Shift Deputy. If the grievance is not settled in Step 1, the aggrieved employee within seven (7) calendar days following receipt of the Station Captain's answer shall file with the Shift Deputy a written grievance signed by the employee on a form provided by the City setting forth the com- plete facts on which it is based, the specific contract provision(s) allegedly violated and the relief sought. The Shift Deputy, or his designee, shall give a written answer in seven (7) calendar days after receipt of the written grievance. STEP 3: Appeal to Chief. If the grievance is not settled in Step 2 and the aggrieved employee and the Association decide to appeal, the Association shall, within seven (7) calendar days from receipt of the Step 2 answer, file with the Chief an appeal signed by the aggrieved employee and the appropriate Association representative. The Association representative and the Chief, or his designee, will discuss the grievance at a mutually agree- able time. If no agreement is reached in such a discussion, the Chief, or his designee, will give his answer in writing within seven (7) calendar days of the discussion. SPEP 4: Appeal to City Manager. If the grievance is not settled in Step 3 and the Association decides to appeal, the Association shall, within seven (7) calendar days after receipt of the Step 3 answer, file a written appeal with the City Manager. A meeting between the City Manager, or his designee, and the appropriate Association representative will be held at a mutually agreeable time. If no settle- ment is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within ten (10) calendar days of the meeting. STEP 5: Advisory Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Association may refer the grievance to advisory arbitration by giving written notice to the City Manager within ten (10) calendar days after receipt of the City's answer in Step 4. The parties shall attempt to agree upon an advisory arbitrator promptly. In the event the parties are unable to agree upon an advisory arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. The Association shall strike two (2) names and the City shall then strike two (2) names; the person whose name remains shall be the advisory arbitrator; provided, that either party, before -5- striking any names, shall have the right to reject one panel of advisory arbitrators. The advisory arbitrator shall be notified of his selection by a joint letter from the City and the Association requesting that he set a time and place for hearing, subject to the avail- ability of the City and Association representatives. The advisory arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him, and his recommendation shall be based solely upon his inter- pretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the advisory arbitrator shall be advisory only. The costs of the advisory arbitration proceeding, including the fee and expenses of the advisory arbitrator, shall be divided equally between the City and the Associa- tion. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth above. If a grievance is not appealed within the time limits for appeal set forth above, it shall be deemed settled on the basis of the last answer of the City. If the City fails to provide an answer within the time limits so provided, the Association may immediately appeal to the next Step. The parties may mutually agree in writing to extend any time limits. Where the parties mutually agree in writing, more than one grievance may be submitted to the same advisory arbitrator. Investigation and Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with City operations. Board of Fire and Police Commissioners. It is expressly understood that matters subject to the Board of Fire and Police Commissioners or matters which may be appealed to the Board of Fire and Police Commissioners are not subject to this grievance procedure and that the sole recourse for such matters is with the Board of Fire and Police Commissioners. Item 13. Entire Agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Association, 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, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subjects or matters may not have been within -6- the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the parties' mutual agreement in writing. Item 14. Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. If any of these provisions are in conflict with existing federal or state laws or ordinances of the City of Elgin or Counties of Cook or Kane, then those provisions shall continue in effect only to the extent permitted by law or ordinance. Such invalidity shall not affect any other term of this Agreement. Item 15. Term This Agreement shall be effective as of the 4th day of January, 1976, and shall remain in full force and effect until the 30th day of December, 1978. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty (60) days prior to the expiration date set forth above of each yearly period thereafter if applicable. Notwithstanding the expiration date set forth above, this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agree- ment is ratified by both parties. EXECUTED THIS ) 1 day of Nh meq‹N , 1976, after approval by the City Council, City of Elgin, and after ratif i ation by the„Association membership. FOR CI Y, i Attest: By: � f0 ;1 V 1 y Manager LA"-)1444-14-4 City Clerk ._ FOR THE ASSOCIATION, Attest: By: • , / 1i - 'res •f-nt 17J\ CL ty� S " ret2rry -7- Appendix A Checkoff The Union will supply all the necessary papers for checkoff upon mutual agreement between the Employer and the Union. The Employer shall checkoff union dues on presentation of checkoff authorization cards, voluntarily and individually authorized, from employees in accordance with law. The Employer will then deduct such dues in the amount certified to the Employer by the Secretary or Treasurer of the Local Union, and send to the Local Union their respective shares as certified by the Secretary or Treasurer of the Local Union. In the event a nonunion employee shall not voluntarily sign a checkoff, then, in that event, an involuntary checkoff of a service charge not to exceed the amount of union dues, shall be made by the City upon the written direction of the Union. New employees may voluntarily sign checkoff authorization and application blanks upon receiving employment. The Employer shall then process each new employee in accordance with this Article. The Local Union shall supply the Employer with all such necessary forms. However, nothing in this paragraph shall supercede any existing ordinance and/or statute as pertains to the rights of the City to place new employees on a twelve (12) month probationary status. There shall be one copy of the checkoff sheet sent to the Local No. 439. All money so deducted shall be paid bi-weekly on payroll days (the Friday immediately following the payroll period) . The employee request forms shall be as follows: "Payroll Deduction Authorization" BY Last Name First Name Middle Name TO: The City of Elgin - Finance Director Effective: I hereby request and authorize you to deduct bi-weekly from my earnings union dues or service charge equal to $48.00 annually. The amount deducted shall be paid to the Elgin Fire Fighters, Local No. 439. Signed: Address: AURLEMENT BETWEEN CITY OF ELGIN AND LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS , DATED: JANUARY 19, 1976