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HomeMy WebLinkAbout80-0801 EPD i g0-0801 AGREEMENT Between CITY OF ELGIN And UNIT #54 POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1980 - 1981 . ^ . . TABLE OF CONTENTS PAGE Preamble 1 Item 1. Recognition 1 Item 2. Management Responsibilities 1 Item 3. Non-Interruption of Work 1 Item 4. Wages 2 Item 5. Hours of Work and Overtime 3 Item 6. Life Insurance 4 Item 7. Holidays 4 Item D. Uniform Allowance 5 Item 9. Vacations 5 Item 10. Sick Leave 6 Item 11. Separation Pay 8 Item 12. Death of an Employee 8 Item 13. Group Comprehensive Major Medical Insurance 8 Item 14. Grievance Procedure 9 Item 15. Entire Agreement 11 Item 16. Savings 11 Item 17. Board of Fire and Police Commissioners 12 Item 18. Term 12 , . . . AGREEMENT This Agreement is made by and between the City of Elgin (herein called "City") and Unit #54 Policemen's Benevolent and Protective Association (herein called "Association") for and on behalf of all full-time Police Patrol Officers employed by the City, and sets forth the wages, hours, and other terms and conditions of employment for the period December 30, 1979 through December 26, 1981. 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 for all full-time employees holding the official rank of Police Patrol Officer and for the purpose of negotiating wages, hours and other terms and conditions of employment. 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 of 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 overtime; 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 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. 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 concerted interruption or work, including, any strike, stoppage of work, slowdown, sympathy strike, or any other concerted action ' ' • - 2 - . . which results in interruption of operations . Any or all employees who violate any of the provisions of this Article may be discharged or other- wise 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 provision shall not apply to a reduc- tion in the work force or layoffs. Item 4. Wages The beginning Police Patrol Officer shall start at step one of the salary range set forth below. He/she will be eligible to advance to step two of the Police Patrol Officer salary range after six (6) months employ- ment and will be eligible to advance to further steps in said salary range at twelve (12) month increments thereafter until reaching the range maximum. Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, the monthly and yearly salary ranges for employees covered by this Agreement and who are on the payroll on the date this Agreement is ratified by both parties shall be: I II III IV V VI 1431 1472 1538 1608 1692 1788 17172 17664 18456 19296 20304 21456 Effective June 29, 1980, the base range of employees covered by this Agreement shall be: I II III IV V VI 1456 1498 1565 1636 1722 1819 17472 17976 18780 19632 20664 21828 Effective December 28, 1980, the base range of employees covered by this Agreement shall be: I II III IV V VI 1554 1599 }67} 1746 1838 1942 18648 19188 20052 20952 22056 23304 Effective June 28, 1981, the base range of employees covered by this Agreement shall be: I II III IV V VI 1598 1644 1718 1795 1890 1997 19176 19728 20616 21540 22680 23964 The foregoing salary increases are in addition to all in-range step increases to which employees may be eligible for an their anniversary dates during the term of this Agreement. - 3 - Any Police Patrol Officer designated at the discretion of the Police Chief as a Senior Patrol Officer shall be paid no less than an additional three and eight tenths percent (3.8%) above his/her step on the monthly salary schedule for the period of time so designated. Any Police Patrol Officer designated at the discretion of the Police Chief as an Administrative Police Patrol Officer shall be paid no less than an additional one and eight tenths percent (1.8%) above his/her step on the monthly salary schedule for the period of time so designated. Employees covered by this Agreement who are still on the active payroll the beginning of the next payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment which shall be made on the basis of the difference between the pay ranges existing immediately before December 30, 1979 and the above agreed salary range effective upon ratification for all payroll periods between December 30, 1979 and said payroll period. For the purpose of application of the retroactivity provision, no increased adjustments shall be made for any additional holiday pay or overtime hours worked between December 30, 1979 and said payroll period. Item 5. Hours of Work and Overtime Section a. Application of This Article. This article is intended to define the normal hours of work and provide the basis for the calculation and payment of overtime and shall not be construed as guarantee of hours of work per day or per week, or guarantee of days of work per week. Section b. Normal Work Period. The normal work period of employees assigned to work on a twenty-four (24) hour shift operation (herein called "shift employees") , shall not exceed fourteen (14) days. The normal work hours shall be based on an average forty-one and one- quarter (414) hour work week consisting daily of an average eight (8) hour shift assignment and an average one-quarter (4) hour training period. The normal work period of all other employees (herein called "non-shift employees") shall not exceed fourteen (14) days with normal work hours based on an average forty (40) hour work week. Section c. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half times their straight-time hourly rate of pay based on a forty-one and one-quarter (414) hour average workweek for all time in excess of twenty (20) minutes following the regularly scheduled workday or for court calls during non-scheduled work periods, except for training hours which shall be compensated at the employee's straight-time hourly rate of pay based on a forty-one and one-quarter (414) hour average workweek. For purposes of overtime pay calculations only, the regularly scheduled work day for shift employees shall terminate eight and one- quarter (84) hours after the employee is scheduled and required to report for duty. The regularly scheduled work day for non-shift employees shall terminate after eight (8) hours of scheduled duty time has elapsed. . ' - 4 - Section d. Court Standby. Employees covered by this Agreement shall receive $35.00 per day when they are on court standby or their actual pay for time required to be in court, whichever is greater. Section e. Callouts. An employee called back to work (including court calls in other than a court standby situation) while off duty after having completed his/her assigned work shall receive a minimum Of two (2) hours compensation, or his/her actual time, whichever is greater, at one and one-half times the employee's straight-time hourly rate of pay. This section shall not apply to holdovers. Section f. Biweekly Pay. The City hall continue its current practice relating to paying employees biweekly, (i .e. , once every -' -' two weeks) ; provided that if the City determines changes are necessary, any such changes shall be reviewed with the Association prior to implementation. Section g. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Item 6. Life Insurance At the beginning of the payroll period immediately following the ratification of this Agreement by both parties, the City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more with a paid $10,000 group term life insurance policy (including accidental death and dismemberment) . Item 7. Holidays The employees covered by this Agreement shall have the following ten (10) days considered as holidays: New Year's Day; Easter Sunday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; the afternoon four (4) hours on Christmas Eve; Christmas Day; and the afternoon four (4) hours on New Year's Eve. Section a. Observance. The standard observance of recognized holidays will be on the day they occur. However, for non-shift employees working Monday through Friday, when a holiday falls on a Sunday, the following Monday shall be observed as the holiday; or when a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday, except as provided in Section b of this Item. Section b. Christmas and New Year' s Eve. In order to implement the one-half /1/2\ day holiday on Christmas Eve (December 24) and New Year' s Eve (December 31) , non-shift employees shall be entitled to the following holiday provision depending on the day of the week on which Christmas Eve and New Year's Eve falls: - 5 - Day on Which Eves Fall Provision Monday the full day before Christmas (December 24) Tuesday, Wednesday, and one-half (2) day on both Christmas Eve Thursday and New Year's Eve Friday, Saturday, and Sunday one (1) floating holiday to be taken between Thanksgiving Day and December 31st. Section c. Remuneration. All eligible employees shall receive their regular pay for a holiday if worked or not, and in addition: 1. Non-shift employees who are scheduled to work on an observed holiday shall receive an additional eight (8) hours pay at their straight-time hourly rate. 2. Non-shift employees who are not scheduled to work on an observed holiday but who are called out to work on said holiday shall be paid in accordance with the callout provisions of Item 5, Section e. 3. Shift employees shall receive an additional eight (8) hours pay at their straight-time hourly rate whether worked or not. Section d. Eligibility Requirements. In order to be eligible for holiday pay, the employee must work his/her last full scheduled working day immediately preceding and his/her first full scheduled working day immediately following the day observed as a holiday, unless the employee's absence from work is excused by his/her supervisor and is chargeable to authorized paid leave. Item 8. Uniform Allowance Employees covered by this Agreement who have been employed full-time for ninety (90) days or more shall be eligible for a uniform allowance as hereinafter set forth. In July, 1980, eligible employees will receive a uniform allowance payment of $180. In 1981 eligible employees will receive an annual uniform allowance of $380, with equal payments of $190 being issued in January and July. Item 9. Vacations Employees covered by this Agreement who have been employed by the City for a period of at least one year shall be entitled to a vacation as follows: • - 6 - Years of Continuous Service Length of Vacation First (1st) year to eighth (8th) Two (2) weeks - 80 hours anniversary Ninth (9th) year to fifteenth Three (3) weeks - 120 hours (15th) anniversary Sixteenth (16th) year and over Four (4) weeks - 160 hours Effective December 28, 1980 the length of continuous service for three (3) weeks of vacation shall be "Ninth (9th) year to fourteenth (14th) anniversary" and the length of continuous service for four (4) weeks of vacation shall be "Fifteenth (15th) year and over". The employee's anniversary date of continuous employment from the last date of hire as a full-time employee shall be the basis of calculation for length of service. Section a. Accrual . Vacation hours are accrued each bi-weekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, worker's compensation or authorized leave "with pay". An employee does not earn vacation hours while he/she is absent "without leave"; or "leave without pay"; or is using accrued vacation hours over a period of time upon retirement. Section b. Vacation Pay. While on vacation, an eligible employee shall continue to receive his/her regular pay. Section c. Scheduling. 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 10. Sick Leave Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one (1) day for each full month of continuous service or a total of 96 hours per year. Employees may accumulate sick leave up to a total equivalent of 240 sick days. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time for the following reasons: -- Personal illness or injury -- Illness or death of a member of the immediate family necessitating the absence of the employee from his work. (Members of the immediate family shall include wife, husband, children, mother, father, sister, brother, mother-in-law or father-in-law) . - 7 - -- Funeral of a close friend or relative. Such leave shall be limited to travel time and necessary attendance at the funeral . Section a. Accural . Sick hours are accrued each payroll period if the employee is paid a minimum of sixty (60) hours work inclusive of holidays; vacation; sick leave; worker's compensation; or authorized leave "with pay". An employee does not earn sick hours while he/she is absent "without leave" ; on "leave without pay" ; or extending out accrued vacation hours upon retirement. Section b. Conversion. In recognition of non-use of sick leave, employees may convert accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall be at the rate of three (3) days of sick leave for one (1) vacation day or one (1) day of severance pay. (1) Vacation leave conversion requires an accumulation of sick leave of over 60 accrued sick days which is the equivalent of 480 hours of sick leave. Such conversion is limited to a maximum of five (5) days of vacation leave in any one year. (2) Retirement or severance pay is predicated on leaving the City's employment in good standing and requires an accumulation of sick leave of over 90 accrued sick days which is the equivalent of 720 hours of sick leave. Such conversion is limited to a maximum of 20 days of 160 hours upon separation. (3) In the process of converting sick leave to additional vacation of severance pay, the remaining balance of unused sick leave may not total less than the required base accumulations of 60 or 90 days. Section c. Disability. Any employee who is ill or physically unable to perform his/her duties and has used all his/her accumulated sick leave and vacation leave shall be placed on a disability leave for a period of six (6) months. While on such disability leave the employee shall be continued to be covered by the City on the hospitalization and life insurance programs but shall not be eligible for additional accrual of sick leave and vacation leave. Seniority shall continue to accrue while on such leave. Section d. Injury or Surgery. An employee on sick leave who is absent from work because of a severe injury or surgery; or an employee on disability leave, must present, before returning to work, a written statement by a physician certifying that he/she is capable of so returning to work and resuming his/her full duties. This statement must be brought to the Personnel Office before authorization is given the employee to return to work. • - 8 - Section e. Personal Day Reward. For employees covered by this Agreement if the total hours of sick leave used by said employees during the 1980 payroll year is reduced to less than sixty percent (60%) of the total hours of sick leave accrued by said employees during the 1980 payroll year, all employees on the payroll at the conclusion of the 1980 payroll year shall be eligible for and observe one (1) personal day during the 1981 payroll year. Any such time off for a personal day shall be scheduled with the approval of the Chief of Police. If the level of sick leave usage by said employees continues at a level less than sixty percent (60%) for the 1981 payroll year and any succeeding payroll year, said employees shall continue to be eligible for one (1) personal day in the subsequent payroll year as prescribed in this section. Should the level of sick leave usage by said employees be further reduced an additional ten percent (10%) from the total hours of sick leave accrued by said employees for the 1980 or any succeeding payroll year, employees shall be eligible for an additional personal day in the subsequent payroll year for each such additional ten percent (10%) reduction. Item 11. Separation Pay All regular employees separating from the City service in good standing are eligible for payment of all accrued vacation hours and severance pay pursuant to Item 10, Section b(2) . Item 12. Death of an Employee Upon the death of an employee, the employee's spouse, legal heir, or executor of his/her estate shall receive conpensation for all unused vacation leave, all eligible severance pay pursuant to Item 10, Section b(2) above and the balance of the period's compensation of the period in which the employee died. Item 13. Group Comprehensive Major Medical Insurance The City will pay the cost of the premium for the group comprehensive major medical insurance plan currently in effect for each employee including his/her dependents covered by this Agreement who has been employed full-time for thirty (30) days or more. The City retains the right to change insurance carriers or otherwise provide for coverage (e.2. , self-insurance) as long as the level of benefits remains substantially the same, with benefit changes to be reviewed with the Association prior to implementation. - 9 - Section a. Retiree Participation. An employee who retires with at least twenty (20) years of full-time active service with the City can elect to continue in the group medical plan upon retirement. Said participation shall be available only as continuous coverage and with the retiree paying 150% of the applicable premium, payable in advance on a quarterly basis or through any available monthly pension deduction. If a retiree fails to make the applicable quarterly payment by the beginning of the quarter or discontinues the pension deduction, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this item shall terminate when the retiree (1) reaches the age of 65, (2) becomes eligible for Medicare, or (3) on the effective date of group medical coverage at a new place of employment, whichever occurs earlier. Item 14. Grievance Procedure Section a. Definition of a 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 ap- plication of the express terms of this Agreement. Section b. Grievance Procedure. Recognizing that any grievances should be raised and settled promptly, a grievance must be raised within seven (7) calendar days of the occurance of the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurence of the grievance. A grievance shall be processed as follows: STEP 1: Verbal to Direct Supervisor. By the discussion between the employee and the Direct Supervisor. The Direct Supervisor 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 Direct Supervisor's answer shall file with the Deputy Chief for Operations a written grievance signed by the aggrieved employee and the appropriate association representative, if so requested 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 employee and the Association representative, if so requested by the em- ployee, will discuss the grievance at a mutually agreeable time with the Deputy Chief, or his designee. The Deputy Chief for Operations, or his designee, shall give a written answer in seven (7) calendar days after receipt of the written grievance. If the grievance is denied, the specific reason or reasons shall be set forth. 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 • - 10 - an appeal signed by the aggrieved employee and the appro- priate Association representative. The Association repre- sentative 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. If the grievance is denied, the specific reason or reasons shall be set forth. 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 (10) calendar days of the meeting. If the grievance is denied, the specific reason or reasons shall be set forth. 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 promptly. 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 selec- tion by a joint letter from the City and the Association re- questing 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, nul- lify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue(s) submitted to him and his opinion 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. Where the parties mutually agree in writing, more than one grievance may be submitted to the same arbi- trator. 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 equally by both parties; provided, however, that each party shall be responsible for compensating its own attorneys, representatives, or witnesses. - 11 - Section c. 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. Section d. Investigation and Discussion of Grievances. Unless specifically provided otherwise in this Agreement, all grievance discussions and investigations shall take place in a manner which does not interfere with the City operations. Section e. 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 15. Entire Agreement The parties acknowledge that during 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 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 16. Savings If any provision of this Ageeement is subsequently declared by legislative or judicial authority to be unlawful , unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, and the parties shall promptly meet for the purpose of negotiating a lawful substitute provision. - 12 - Item 17. Board of Fire and Police Commissioners It is understood that to the extent that such matters as selection, promotion, suspension or discharge are subject to the jurisdiction of the Board of Fire and Police Commissioners, such matters are not 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 18. Term Unless specifically provided otherwise, this Agreement shall be effective as of the date it is ratified by both parties and shall remain in full force and effect until the 26th day of December, 1981. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing seventy-five (75) days prior to the expiration date set forth above or each yearly period thereafter if applicable. If either party submits such written notice, the parties' designated representatives shall immediately commence negotiations. 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. EXECUTED THIS day of , 1980 after approval by the City Council , City of Elgin and after ratification by the Association membership. FOR HE CITY, Attest: By _ , , ka& dManager City Clerk FOR THE ASSOCIATION, Attest: / By , C- -cretary President February 7, 1980 MEMORANDUM TO: Richard Tucker, President Unit #54, P.B.P.A. FROM: Leo Nelson, City Manager SUBJECT: Side Agreement As part of the negotiated agreement between Unit #54, Policemen's Benevolent and Protective Association and the City of Elgin is the adoption of the Com- prehensive Major Medical insurance program. This is the same program as was adopted by management employees last year. The Schedule of Benefits for employees and their dependents includes: Major Medical Expenses Aggregate Benefit $ 250,000 Nervous and Mental Disorders (Calender year maximum) $ 10,000 Automatic Annual Restoration of Aggregate $ 2,000 Deductible $ 100 Accumulation Period Calender Year Insured Percentage 80% * Co-insurance Limit $ 500 Hospital Room and Board Semi-Private Convalescent Home Limit Sixty-Days Accident Expense Benefit $ 300 ** * 50% instead of 80% will be paid toward out-of-hospital expense incurred for mental illness and nervous disorders ** Coverage for charges incurred within three months of any individual accident not subject to deductible or coinsurance provisions. These Benefits will be the standard schedule when reference is made to the City of Elgin's Comprehensive Major Medical program. Leo Nelson