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HomeMy WebLinkAbout76-0503 EPD -4b - 40503 AGREEMENT Between CITY OF ELGIN And UNIT #54 POLICEMEN 'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1976-1977 ' . � . . . This agreement is made by and between the City of Elgin (herein called "City") and the Unit #54 Policemen's Benevolent and Protective Association (herein called "Association") for and on behalf of all full-time patrolmen employed by the City, and sets forth the wages and benefits for the period January 4, 1076 through December 31 , 1977. Each employee represented by the Association will receive a copy of this Agreement. Item 1 . Recognition The City recognizes the Association as the sole and exclusive bargaining representative of all full-time employees holding the official rank of Police Patrolman for the purpose of negotiating wages and benefits. Item 2. Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and the Police 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 Agreement. 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 over- time; to plan, direct, control , and determine the operations or services to be conducted in or at the Police Department or by employees of the City; to assign and transfer employees within the Police Department; to hire, promote, demote, suspend, discipline, or discharge for just cause, or 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 pro- visions of this Agr2ement. Any matters within the jurisdiction of the Elgin Board of Fire and Police Commissioners shall not be affected by the terms of this paragraph. Item 3. 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 for any other action which results in interruption of operations. Any or all employees who violate any of the provisions of this Article may be dis- charged or otherwise disciplined by the City in accordance with the procedures of the Elgin Board of Fire and Police Commissioners. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Association; however, this pro- vision shall not apply to a reduction in the work force or layoffs. -1- . . ^ ' . . . Item 4. 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 two percent (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, All 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. 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 two percent (2%) salary incred3S' 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 increases 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 multiplying 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 adjustment dates. - 2 - �� Item 5. Overtime Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, all overtime over twenty (20) minutes following the regularly scheduled work day; court calls during non-scheduled work periods; emergency callouts; or assignments on scheduled days off shall be one and one-half times the hourly rate based on a 41 .25-hour average workweek, except for training which shall be compensated at the employee's straight time hourly rate based on a 41 .25-hour average workweek. Court calls and emergency callouts shall be compensated a minimum of two (2) hours or actual time worked during non-scheduled work periods. Compensation shall not be paid more than once for the same hours under any provisions of this Item or Agreement. Item 6. Court Standby Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, all employees covered by this Agreement will receive $25.00 per day when they are on court standby or their actual pay for being called to court, whichever is greater. Item 7. Life Insurance Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, the life insurance coverage will be increased to $5,000 including double indemnity. Item 8. Holidays The number of approved holidays shall be increased from seven (7) to nine (9) to include Easter Sunday and the afternoon (four hours) of Christmas Eve and New Year's Eve. Item 9. Uniforms Employees covered by this Agreement shall receive an annual uniform allowance of $250 with payments of $125 being issued during January and July of each year. Uniformed employees covered by this Agreement shall maintain their uniforms at their cost, except uniforms damaged in the line of duty shall be replaced by the City with the approval of the Police Chief. -3- Item 10. Vacations Effective January 2, 1977 , employees covered by this Agreement with eight years of continuous service with the City will be eligible to earn vacation leave at the rate of three weeks per year and employees with seventeen years of continuous service with the City will be eligible to earn vacation leave at the rate of four weeks per year. Vacations shall be scheduled insofar as practicable at times most desired by each employee, with the determination of preference being made on the basis of an employee's length of continuous service. It is expressly understood that the final right to designate the vacation period and the maximum number of employees who may be on vacation at any one time is exclusively reserved by the Chief of Police in order to insure the orderly performance of the services provided by the City. Item 11 . Benefit Program Items identified in this 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 31 , 1977 . 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 Agreement 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 Watch Commander. By discussion between the employee and the Watch Commander. The Watch Commander shall answer verbally within seven (7) calendar days of this discussion. STEP 2: Appeal to Deputy Chief. If the grievance is not settled in Step 1 , the aggrieved employee within seven (7) calendar days following receipt of the Watch Commander 's answer shall file with the Deputy Chief for Operations a written grievance signed by the employee on a form provided by the City setting forth the complete facts on which it is based, the specific contract provision(s) allegedly violated, and the relief sought. The Deputy Chief for Operations, or his designee, shall give a written answer in seven (7) calendar days after receipt of the written grievance. -4- ' . . . . 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 agreeable time. If no agreement is reached in such discussion, the Chief, or his designee, will give his answer in writing within seven (7) calendar days of the discussion. STEP 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 settlement 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: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Association may refer the grievance to 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 arbitrator prO0ptly. In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) 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 arbitrator; provided, that either party, before striking any names, shall have the right to reject one panel of arbitrators. The 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 availability of the City and Association representatives. The 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 interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be final and binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be borne entirely by the party originating the grievance provided, however, that each party shall be responsible for compensating its own attorneys, representa- tives, or witnesses . -5- 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 arbitrator. Investi_gation 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 neogitations 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 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. - 6 - , • . Item 15. Board of Fire and Police Commissioners It is understood that to the extent that such matters as selection, promotion, suspension are subject to the jurisdiction of the Board of Fire and Police Commissioners, such matters not being subject to this Agreement. It is further understood that nothing in this Agreement shall limit the right of the Chief of Police to suspend a member of the Police Department in accordance with applicable law. Nor shall this Agreement limit whatever right an employee so suspended may have to appeal to the Board of Fire and Police Commissioners within 24 hours after such suspension for a review thereof. Item 16. Term This Agreement shall be effective as of the 4th day of January, 1976, except where otherwise sepcified, and shall remain in full force and effect until the 31st day of December, 1977. 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 or 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 agreement is ratified by both parties. If the parties fail to reach agreement after having in good faith , made every effort to reach agreement through bargaining and it is evident to the parties that an impasse exists, either party may request the Federal Mediation and Conciliation Service to appoint a mediator to assist the parties to resolve the item or items in dispute. eA EXECUTED THIS day of N\.;, , 1976 after approved by the City Council , City of Elgin and after ratiffcation by the Association membership. FOTE CITY, Attest: \I By LI(Hvyt4-4P--- i y Manager \\ City Clerk FOR THE ASSOCIATION, Attest: ///` / '1. By President Secr 'tary -7-