HomeMy WebLinkAbout94-48 Resolution No. 94-48
RESOLUTION
RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH
LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
WHEREAS, representatives of the City of Elgin and
representatives of Local #439 International Association of
Firefighters have met and discussed wages, fringe benefits and
other working conditions; and
WHEREAS, said representatives have submitted for review
and approval by the City Council an agreement pertaining to
such matters; and
WHEREAS, the City Council has reviewed said agreement and
finds that it is fair and equitable for the City of Elgin and
employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves
the proposed agreement between the City of Elgin and Local
#439 International Association of Firefighters, a copy of
which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Robert O. Maim, Interim City
Manager, and Dolonna Mecum, City Clerk, be and are hereby
authorized and directed to execute said agreement on behalf of
the City of Elgin.
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: February 23, 1994
Adopted: February 23, 1994
Omnibus Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
Between
•
CITY OF ELGIN
and
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
1994 - 1996
TABLE OF CONTENTS
Page
Article 1 . Recognition and Purpose of Agreement 1
Article 2 . Gender Clause 1
Article 3. Management Responsibilities 1
Article 4 . Non-Interruption of Work 2
Article 5 . Dues Checkoff and Fair Share 2
Article 6 . Duties of Employees 4
Section a. Duties 4
Section b. Subcontracting 4
Article 7 . Notice of Medical Treatment 4
Article 8. Salary Range 4
Section a. Rate Review 4
Section b. Working Out of Class 5
Section c. Rank Security 5
Article 9 . Wages 5
Section a. Salary Ranges 5
Section b. Retroactivity 6
Section c. Pension Pickup 6
Article 10 . Firefighter/Paramedics, Lieutenant/ 6
Paramedics and Mechanics
Section a. Compensation 6
Section b. Opt Out Provisions if Number of EMT-P's 6
Exceeds Number Established by the
Fire Chief
Section c. Mandatory Decertification 7
Section d. Mechanic Pay 8
Article 11 . Hours of Work and Overtime 8
Section a. Application of This Article 8
Section b. Normal Work Period 8
Section c. Regular Overtime Pay 8
Section d. FLSA Overtime and Work Period 8
Section e. Computation of Straight-Time Hourly 8
Rate of Pay
Section f. Trading of Kelly Days 9
Section g. Callouts 9
Section h. Shift Transfers 9
Section i . No Pyramiding 9
Section j . Light Duty Pool 9
Article 12 . Training 10
•
Section a. Mandatory Training 10
Section b. Voluntary Training 10
Section c. Posting of Fire Service Training 11
Opportunities
Article 13. Holiday Pay 11
Article 14 . Vacation 11
Section a. Accrual 12
Section b. Vacation Pay 12
Section c. Increasing Vacation 12
Section d. Scheduling 12
Article 15. Sick Leave 12
Section a. Accrual 13
Section b. Disability 13
Section c. Injury or Surgery 14
Section d. Conversion 14
Article 16 . Group Hospitalization and Life Insurance 14
Section a. Medical Insurance 15
Section b. Health Maintenance Organization 15
Section c. Retiree Participation 15
Section d. Health Maintenance 15
Section e. Life Insurance 15
Section f. Dental Insurance 16
Article 17 . Uniform Allowance 16
Article 18. Separation Pay 17
Article 19 . Death of an Employee 17
Article 20. Grievance Procedure 17
Section a. Definition of Grievance 17
Section b. Grievance Procedure 17
Section c. Time Limits 19
Section d. Investigation and Discussion 19
Section e. Board of Fire and Police Commissioners 19
Section f. Discipline 19
Article 21. Access to Personnel File 19
Article 22 . Safety 20
Article 23 . Bill of Rights 20
Article 24 . Drug and Alcohol Testing 20
Article 25 . General Conduct 22
Article 26 . Labor-Management Committee 22
Article 27 . Miscellaneous 23
Section a. Duty Trades 23
Section b. Meal Shopping 23
Section c. Inoculation/Immunization Shots 23
Section d. Physical Fitness Program 23
Section e. Non-City Employment 24
Article 28 . Entire Agreement 24
Article 29 . Savings 24
Article 30. Impasse Resolution 25
Article 31 . Term 25
Appendix A
Appendix B
Article 1 . Recognition and Purpose of Agreement
This Agreement is made by and between the City of Elgin
(herein called "City") and Local #439, I .A.F.F. (herein called
"Association" ) for and on behalf of all full-time Firefighters
and Fire Lieutenants employed by the City. Each employee
represented by the Association will receive a copy of this
Agreement.
The City recognizes the Association as the sole and
exclusive bargaining representative for all full-time
employees holding the official rank of Firefighter and Fire
Lieutenant.
It is the intent and purpose of this Agreement to set
forth the parties ' entire agreement with respect to the rates
of pay, hours of employment, fringe benefits, and other
conditions of employment that will be in effect during the
term of this Agreement for employees covered by this
Agreement; to prevent interruptions of work and interference
with the operations of the City; to encourage and improve
efficiency and productivity; and to provide procedures for the
prompt and peaceful adjustment of grievances as provided
herein.
Article 2 . Gender Clause
The use of the masculine pronoun throughout this
Agreement has been adopted by the parties for clerical
convenience and shall in all instances include the feminine
gender as well as the masculine.
Article 3. 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 Agreement. Among the rights retained are the City' s
right to make and implement decisions 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 Fire Department or by employees of the
City; to assign and transfer employees within the Fire
Department; to hire, promote or demote, or to lay off
employees due to lack of work or for other legitimate reasons;
to suspend, discipline or discharge for just cause; to make,
modify and enforce reasonable rules, regulations, policies and
orders concerning any aspect of the operations of the
department, including rules, regulations, policies and orders
that affect the conditions under which employees covered by
1
•
this Agreement work; 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 if any way.
Article 4 . 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 provisions 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
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.
Article 5 . Dues Checkoff and Fair Share
During the term of this Agreement, 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
authorization card from an employee covered by this Agreement,
the City shall during the term of this Agreement deduct the
uniform bi-weekly Union dues of such employees from their pay
and remit such deductions to the 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.
During the term of this Agreement, 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, commencing thirty (30) days after successfully
completing their probationary period or thirty (30) days after
the effective date of this Agreement, whichever is later, make
an involuntary deduction from the pay of the employee of the
employee's proportionate share of the service charge to
administer this Agreement in an amount that does not exceed
85% of the uniform bi-weekly Union dues and shall remit such
deduction to the Treasurer of the Union. Upon written request
2
from the City, the Union shall submit prior to the start of
the payroll year, an affidavit which specifies the amount
which constitutes a non-member's proportionate share of the
cost of administering this Agreement. The amount certified by
the Union shall not include any cost for contributions related
to the election or support of any candidate for political
office or for any member-only benefit.
The Union agrees to assume full responsibility to insure
full compliance with the requirements laid down by the United
States Supreme Court in Chicago Teachers Union v. Hudson,
105 U.S. 1066 ( 1986) , with respect to the constitutional
rights of fair share fee payors. Accordingly, the Union
agrees to do the following:
1 . Give timely notice to fair share fee payors of the amount
of the fee and an explanation of the basis for the fee,
including the major categories of expenses, as well as
verification of same by an independent auditor.
2. Advise fair share fee payors of an expeditious and
impartial decision making process whereby fair share fee
payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow
account pending resolution of any objections raised by
fair share fee payors to the amount of the fair share fee.
It is specifically agreed that any dispute concerning the
amount of the fair share fee and/or the responsibilities of
the Union with respect to fair share fee payors as set forth
above shall not be subject to the grievance and arbitration
procedure set forth in this Agreement.
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.
Fair Representation. The Union recognizes its
responsibility as bargaining agent, and agrees fairly to
represent all employees in the bargaining unit, whether or not
they are members of the Union. The Union further agrees to
indemnify, defend and hold harmless the City and its
officials, representatives and agents from any and all claims,
demands, suits, or other forms of liability (monetary or
otherwise) and for all legal costs resulting from any failure
3
•
on the part of the Union to fulfill its duty of fair
representation.
Indemnification. The Union shall indemnify and hold
harmless the City, its elected representatives, officers,
administrators, agents and employees from and against any and
all claims, demands, actions, complaints, suits or other forms
of liability (Monetary or otherwise) that rise out of or by
reason of any action taken or not taken by the City for the
purpose of complying with the provisions of this Article, or
in reliance on any written checkoff authorization, affidavit,
or list furnished under any of such provisions.
Article 6 . Duties of Employees
Section a. Duties. Employees covered by the terms of this
Agreement shall be required to perform those duties assigned
to them as described in the applicable position description;
provided, however, no bargaining unit employee shall be
required to engage in work amounting to personal servitude for
another employee, e.g. , making beds and washing dishes .
Section b. Subcontracting. The City reserves the right to
contract out any work it deems necessary in the interest of
efficiency and economy, and in emergency situations. No
employee shall be laid off as a result of any decision by the
City to subcontract any work performed by employees covered by
this Agreement.
Article 7 . Notice of Medical Treatment
If a Fire Department supervisor is notified that an
employee has provided emergency care of life support services
to a patient who is suspected of having or has been diagnosed
as having, a dangerous communicable or serious infectious
disease, the employee shall be immediately notified. The
costs for any related medical examination and/or other
diagnostic tests for the employee in question shall be paid by
the City. Costs for treatment, if any, shall be in accordance
with either Worker's Compensation if it is covered by Worker' s
Compensation of the health plan selected by the employee
pursuant to Article 16 if it is not covered by Worker's
Compensation. If there is any question concerning whether it
is covered by Worker's Compensation, the determination shall
be made by the Illinois Industrial Commission, subject to the
provisions for judicial review set forth in the Worker's
Compensation Act.
Article 8 . Salary Range
Section a. Rate Review. The beginning Firefighter shall
start at step one of the salary range as reflected in Article
9 . He will be eligible to advance to step two of the
Firefighter pay range after six (6) months employment and will
4
be eligible to advance to further steps in said pay range at
twelve ( 12) month increments thereafter until reaching the
range maximum.
The beginning Fire Lieutenant will start in a salary
range as reflected in Article 9, which shall be one ( 1) step
above the maximum pay step of the Firefighter's salary range
and will be eligible to advance tb further steps in said pay
range at twelve ( 12) month increments thereafter until
reaching the range maximum.
Section b. Working Out of Class. Employees covered by this
Agreement shall receive additional compensation for assigned
work in a higher job classification during either: a minimum
ten ( 10) hour period on a scheduled work shift, or a minimum
ten ( 10) hour period when called in from off duty status to
fill a vacancy. Compensation for such assigned responsibility
shall be the hourly difference between the straight-time
hourly rate of: a) the top step of the Firefighter' s salary
range and the first step of the Fire Lieutenant's salary range
when a Firefighter is so assigned, of b) the top step of the
Fire Lieutenant's salary range and the first step of the Fire
Captain's salary range when a Fire Lieutenant is so assigned.
Section c. Rank Security. All promotions of Firefighters
to Fire Lieutenant shall be to a salary level one ( 1) step
above the maximum step of the salary range of the position
occupied by the Firefighter prior to the promotion. This
promotion policy will apply to the Firefighter regardless of
the salary step occupied by the employee prior to the
promotion.
Article 9 . Wages
Section a. Salary Ranges. Effective December 26, 1993, the
salary ranges for employees covered by this Agreement
currently on the payroll shall be:
Position 1. IL
Firefighter 2639 2814 2990 3166 3342 3517
Fire Lieutenant 3746 3913 4075
Effective December 25, 1994, the salary ranges for
employees covered by this Agreement shall be:
Position I II III IV V VI
Firefighter 2718 2898 3080 3261 3443 3623
Fire Lieutenant 3859 4030 4195
5
Effective December 24, 1995, the salary ranges for
employees covered by this Agreement shall be:
Position I II III IV V VI
Firefighter 2800 2985 3172 3359 3546 3732
Fire Lieutenant 3974 4151 4321
Section b. Retroactivity. 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. Said retroactive payment shall be made at a rate
reflective of the difference between the pay ranges in effect
immediately prior to the ratification of this Agreement and
the new salary ranges reflected in Section a. above which are
effective the first payroll period following ratification.
Payment shall be on an hour-for-hour basis for all regular
hours actually worked since December 26, 1993, including all
hours of paid leave, holiday additional pay or overtime hours
between December 26, 1995, and the first payroll period
following ratification.
Section c. Pension Pickup. The City agrees to pickup the
employee's required pension contribution out of the employee's
compensation and remit same to the Elgin Firemen's Pension
Fund. The parties agree that the "pickup" of employees '
required pension contributions represents an accounting
procedure whereby employee pension contributions are treated
as a form of deferred compensation, thereby tax sheltering
such pension contributions until such time as pension payments
are received. The provisions of this Section are subject to
applicable Internal Revenue Service provisions governing same.
Article 10. Firefighter/Paramedics, Lieutenant/Paramedics •
and Mechanics
Section a. Compensation. Effective December 26, 1993, all
Firefighter/Paramedics and Lieutenant/Paramedics who are
certified and assigned as Paramedics shall receive a stipend
of $162 .50 per month. Effective December 25, 1994, said
stipend should be increased to $175.00 per month. Effective
December 24, 1995, said stipend should be increased to $187 .50
per month.
Section b. Opt Out Provisions if Number of EMT-P's Exceeds
Number Established by the Fire Chief. The Fire Chief shall
establish the number of bargaining unit employees (including
the number of Lieutenants) assigned to shift work who must
maintain current paramedic certification and shall have the
right to revise said number from time to time, provided that
the Fire Chief's determination of the number or the revision
of such number shall not be made for arbitrary and
6
•
unreasonable reasons . The Fire Chief shall advise the Union
President of the number of employees who must maintain current
paramedic certification and of any revision of such number.
If the number of employees who have paramedic certifications
exceeds the number that the Chief has established, employees
up to the number in excess of the number established by the
Chief shall have the right to be relieved of the requirement
that they maintain their paramedic certification, subject to
the following:
( 1) Employees shall notify the Fire Chief in writing of their
desire to decertify or assume inactive status .
(2) If the number of employees who request to decertify or
assume inactive status would result in the number of
paramedics dropping below the number established by the
Fire Chief, first preference shall be given to employees
who have a valid medical reason for requesting
decertification or assumption of inactive status, and
second preference shall be given to
Firefighter/Paramedics who have the greatest period of
service as a paramedic in the Elgin Fire Department.
Second preference shall be given to the
Lieutenant/Paramedics based on seniority as a Lieutenant.
( 3) Requests from Firefighter/Paramedics and
Lieutenant/Paramedics shall be separately considered in
accordance with the foregoing.
Notwithstanding the foregoing, the Fire Chief shall grant
permission for good cause shown to decertify as a paramedic.
Section c. Mandatory Decertification. If insufficient
employees voluntarily decertify or assume inactive status
under Section b. , and should the number of employees who have
paramedic certifications exceed the number the Fire Chief has
established, the Fire Chief may order employees to either
decertify as a paramedic or to cease functioning as a
paramedic with the Elgin Fire Department, thereby forfeiting
any additional compensation the employee would otherwise
receive pursuant to the provisions of this Agreement, provided
that the number of bargaining unit employees assigned to shift
work who are paramedics shall not be less than the number
established by the Fire Chief. If any employee elects not to
decertify, but merely to cease functioning as a paramedic in
the Elgin Fire Department and to forfeit additional
compensation, any arrangement necessary or costs incurred by
such employee to maintain his status as a paramedic shall be
borne solely by the employee and any time spent to maintain
such status outside the employee's regularly scheduled hours
of work shall not be considered compensable time for any
purpose. If the Fire Chief orders any employees to decertify
or cease functioning as a paramedic pursuant to this section,
the needs of the Department shall be the controlling
7
consideration; provided, however, that the desires of an
employee who is within one year of retirement shall be given
special consideration.
Section d. Mechanic Pay. Mechanics covered by this
contract shall receive a stipend of $62 .50 per month in
addition to their base pay. Assignments shall be made on a
voluntary basis and application for the positions shall be
accepted from all interested employees.
Article 11 . 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 a 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 hours of work
shall be 24 consecutive hours of duty starting at 7 : 00 a.m.
and ending the following 7 : 00 a.m. , followed by 48 consecutive
hours off duty. A Kelly Day (i.e. what would otherwise be a
24 hour duty day) shall be scheduled off every seventeenth
duty day, thereby reducing the normal work week to an average
of 52 .77 hours.
Effective December 25, 1994, a Kelly Day (i .e. , what would
otherwise be a 24 hour duty day) shall be scheduled off every
thirteenth duty day, thereby reducing the normal work week to
an average of 51.85 hours.
Effective December 24, 1995, a Kelly Day (i.e. , what would
otherwise be a 24 hour duty day) shall be scheduled off every
twelfth duty day, thereby reducing the normal work week to an
average of 51. 38 hours.
Section c. Regular Overtime Pay. Employees covered by this
Agreement shall be paid one and one-half times their regular
straight-time hourly rate of pay for all hours worked in
excess of the normal 24 hour work shift.
Section d. FLSA Overtime and Work Period. The work period
for FLSA purposes shall be 28 consecutive days. An employee,
in addition to regular compensation, shall be paid one-half
( 1/2) times his/her regular straight/time hourly rate of pay
for all hours of actual work on his/her regularly scheduled
shifts in excess of 212 hours of actual work in any regular 28
day work period.
Section e. Computation of Straight-Time Hourly Rate of
Pay. The straight-time hourly rate of pay for employees
shall be calculated by dividing the employee's annual base
salary by the annual hours of duty. For the period through
8
December 24, 1994, the annual hours of duty used to compute
the regular straight-time hourly rate of pay shall be 2,744 .
Effective December 25, 1994, the annual hours of duty used to
compute the regular straight-time hourly rate of pay shall be
2,696 .
Effective December 24, 1995, the annual hours of duty used to
compute the regular straight-time hourly rate of pay shall be
2,672 .
Section f. Trading of Kelly Days. Once Kelly days have
been scheduled for the following year, an employee may request
to trade Kelly days with another employee on the same shift as
long as it does not result in more than four paramedics or
four lieutenants being off work on either end of the trade,
provided that such a request shall not be unreasonably
denied. Any approved Kelly day trade shall be considered a
duty trade for purposes of the FLSA.
Section g. Callouts . An employee called back to work while
off duty after having completed his assigned work shall
receive a minimum of two (2) hours compensation, or his actual
time, whichever is greater, at one and one-half ( 1-1/2) times
his straight-time rate of pay.
Section h. Shift Transfers . Except for emergency
situations (e.g. , where it is necessary to make a shift change
because an employee goes on disability leave, etc. ) , where the
Fire Chief or his designee decides to transfer 24-hour
employee(s) from one shift to another, at least two weeks
advance notice will be given to affected employee(s) . If an
employee wishes to request a voluntary transfer, he shall
submit such request for consideration in writing through the
chain of command.
Section i . No Pyramiding. Compensation shall not be paid
more than once for the same hours under any provision of this
Article of Agreement.
Section j . Light Duty Pool . The City may require an
employee who is on worker's compensation leave (as opposed to
disability pension) to return to work, on a 40-hour work week
basis, in an available light duty assignment that the employee
is qualified to perform in the department or elsewhere in the
City. The assignment will be made after the City's physician
has reasonably determined that the, employee is physically able
to perform the light duty assignment in question without
significant risk that such return to work will aggravate any
pre-existing injury and that there is a reasonable expectation
that the employee will be able to assume full duties and
responsibilities within six months. Employees assigned to the
Light Duty Pool will be compensated at the regular rate of pay.
9
An employee on extended sick leave may also request
assignment to light duty if available.
The City will not assign a Firefighter to the Light Duty
Pool elsewhere in the City if such assignment will violate the
terms of another collective bargaining agreement the City has
with another employee organization.
Nothing herein shall be construed to require the City to
create light duty assignments for an employee. Employees will
only be assigned to light duty assignments when the City
determines that the need exists and only as long as such need
exists .
Article 12 . Training
Section a. Mandatory Training. Mandatory training is any
training that is considered essential to enable the employee
to function and carry out the duties required of his
position. Examples of such training are:
Recruit training for Firefighter II certification
Initial EMT-A certification
Initial EMT-P certification
Skills maintenance training
In addition to the above training, the Fire Chief may
select other training opportunities deemed necessary and they
will be considered as mandatory.
Section b. Voluntary Training. Employees that volunteer to
attend Fire Department approved special training which
necessitates being absent from their normally scheduled tour
of duty shall continue to receive their regular compensation
for the duration of the special training. The Employer may
pay all of the costs of such special training and shall
reimburse the employees for all expenses incurred only when
agreed upon in advance between the Fire Chief and the
employee. These employees will be assigned to this training
on a 40-hour week schedule. If an employee is away for a week
or longer while assigned to a 40-hour work week for training,
then the employee will be guaranteed at least 1 day off prior
to returning to his regular shift assignment. Example: If an
employee returns home Friday afternoon, he would receive
either the rest of his shift off on Friday or an entire shift
day off Saturday before returning to his regular shift duty.
Other training courses, seminars, or college level course work
that an employee may volunteer to attend in agreement with the
Fire Chief prior to attendance will be considered under the
current reimbursement policy.
10
Section c. Posting of Fire Service Training Opportunities.
Training opportunities which the Fire Department decides to
offer to employees (e.g. , courses offered by the University of
Illinois of the Illinois Fire Chiefs Foundation) shall be
posted in all fire stations and such posting shall set forth
the cost and the amount of reimbursement provided by the City,
if any, and whether or not attendance will be. on the
employee's own time. As the Fire Chief or his designee
determines a need for training in a specialized area, and as
long as it is determined that the operational needs of the
Fire Department are being met, such training opportunities
shall be equitably distributed among qualified employees who
express in writing within the time specified in the posting an
interest in being considered for such training opportunities .
Other training opportunities which are not required to meet a
fire department operational need shall be equitably
distributed among qualified employees who express in writing,
within the time specified in the posting, an interest in being
considered for such training opportunities .
Article 13 . Holiday Pay
Employees shall receive holiday compensation at their
straight-time hourly rate on an hour-to hour basis for all
hours worked on the actual holiday in addition to their
regular pay. Employees who are not scheduled to work on a
holiday and who are called out to work on a holiday shall
receive holiday compensation of their straight-time hourly
rate on an hour-to hour basis for all hours actually worked in
addition to the callout provisions of Article 11, Section g.
of this Agreement. For the purposes of this section, the
holidays shall be the following: New Year's Day; Easter
Sunday; Memorial Day; Independence Day; Labor Day; Veteran's
Day; Thanksgiving Day, and Christmas Day.
Article 14 . Vacation
Employees covered by this Agreement shall be eligible for paid
vacation as follows:
Years of Continuous Service Vacation Time Off
From the completion of one ( 1) year Five (5) shifts
to the seventh (7th) anniversary date
After seven (7) years to the fourteenth Seven (7) shifts
( 14th) anniversary date
After fourteen ( 14) years to the twenty- Ten ( 10) shifts
second (22nd) anniversary date
After twenty-two (22) years and over Twelve ( 12) shifts
Effective 12/24/95.
11
The employee's anniversary date of employment from the
last day of hire as a full-time employee shall be the basis of
determining length of continuous service.
Section a. Accrual. Vacation hours are accrued each
bi-weekly pay period if the employee is paid for all his
scheduled hours of work inclusive of vacation, sick leave,
workmen' s compensation or authorized leave "with pay. " An
employee does not accrue additional vacation hours while he is
absent "without leave, " on "leave without pay" or extending
our accrued vacation hours upon retirement.
Section b. Vacation Pay. An eligible employee shall be
entitled to a vacation allowance at the employee's regular
straight-time hourly rate.
Section c. Increasing Vacation. The annual vacation leave
for which an employee is eligible in any one year may be
increased by the conversion of accumulated sick leave. The
employee with more than sixty (60) accrued twelve ( 12) hour
sick days, which equals 720 hours, may convert three (3)
12-hour days of sick leave for one ( 1) additional 12-hour
period of vacation. Such conversion shall be for a maximum of
five (5) additional 12-hour periods of vacation in any one
year, and may not decrease the remaining accrual of sick leave
below the base accumulation of sixty (60) 12-hour sick days.
Scheduling of any such increased vacation shall be done only
after the determination of the vacation schedules for all
other employees in the department.
Section d. Scheduling. Vacations shall be scheduled
insofar as practicable at times most desired by each employee,
in increments of one ( 1) shift or more, with the determination
of preference being made on the basis of an employee' s length
of continuous service. In order to provide an even
distribution of vacation picks over the course of an entire
year, two (2) slots per shift per duty day shall be initially
available for vacation picks by bargaining unit employees, as
well as a third slot on any day on which only one employee is
scheduled off on a Kelly day. After all two (2) vacation
slots on all duty days per shift have been picked, which shall
be completed by January 1, a third slot shall be made
available for any remaining vacation picks . A vacation pick
may "bridge" a scheduled Kelly day.
Article 15 . Sick Leave
Employees covered by this Agreement shall earn sick leave
by accumulating the equivalent of one ( 1) 12-hour sick day for
each full month of continuous , service. Employees may
accumulate sick leave up to a total maximum accrual of 240
sick days, which is the equivalent of 2880 hours of sick
leave. Sick leave is an insurance-type benefit that should be
12
used by the employee only when needed and may be charged 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) .
-- Funeral of a close friend or relative. Such
leave shall be limited to travel time and
necessary attendance at the funeral .
While the City retains the right to monitor sick leave
usage, the City will not automatically require an employee to
present appropriate documentation for each sick leave
occurrence until after the use of at least 72 hours of sick
leave and at least three sick leave occurrences during the
calendar year. Notwithstanding the foregoing,
( 1) the City may require appropriate documentation
for sick usage prior to the fourth occurrence if
the employee is off on sick leave for
seventy-two (72) consecutive shift hours or
more; and
(2) documentation will not normally be required
when the absence is due to the death of a family
member, close friend or relative.
Absence due to death of a family member or relative shall not
count as a sick leave occurrence for the purposes of this
paragraph.
Section a. . Accrual . Sick hours are accrued each payroll
period if the employee is paid a minimum of 52 .77 hours of
work inclusive of holidays (this will change to 51.85 hours
effective December 25, 1994 and 51.38 hours effective December
24, 1995) ; personal days; vacation; sick leave; workmen' s
compensation; or authorized leave "with pay. " An employee
does not earn sick hours while he is on "leave without pay";
absent "without leave" ; or extending out accrued vacation
hours upon retirement.
Section b. Disability. Any employee who is ill or
physically unable to perform his duties and has used all his
accumulated sick leave and vacation leave shall be placed on a
disability leave for a period of six 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
13
sick leave and vacation leave. Seniority shall continue to
accrue while on such leave.
Before returning to work, an employee on such a
disability leave must present to the Personnel Department
medical evidence satisfactory to the City that the employee is
capable of returning to work and resuming his normal duties .
Section c. Injury or Surgery. Employees who are absent
from work because of a severe injury or surgery must present a
written statement by a physician certifying that the employee
is capable of returning to work and resuming his full duties .
This statement must be brought to the Personnel Department
before the employee is allowed to return to work.
Section d. 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) 12-hour days of
sick leave for one ( 1) 12-hour period of vacation or one ( 1)
12-hour period of severance pay.
( 1) Vacation leave conversion requires an
accumulation of sick leave of over 60 accrued
sick days which is the equivalent of 720 hours
of sick leave. Such conversion is limited to a •
maximum of fire (5) ,12-hour periods 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 1080 hours of sick leave. This
type of conversion is limited to a maximum of
twenty (20) 12-hour periods or 240 hours upon
separation.
(3) In the process of converting sick leave to
additional vacation or severance pay, the
remaining balance of unused sick leave may not
total less than the required base accumulations
of 60 or 90 twelve ( 12) hour sick days.
Article 16 . Group Hospitalization and Life Insurance
Full-time employees who have been employed for at least
thirty (30) days will be eligible to elect one of the
following health and medical coverage options for themselves
and their dependents . The City reserves the right to change
insurance carriers, self-insure or implement cost containment
features so long as the overall coverage available to
employees employed upon the effective date of this Agreement
is substantially the same. Any difference between an employee
14
(or his beneficiary) and the health plan provider(s) or the
processor of claims shall not be subject to the grievance
procedure as set forth in this Agreement.
Section a. Medical Insurance. The City will offer a group
medical insurance plan for the employees and their
dependents . The City will contribute to this program a cost
equal to the full premium and liability of City's basic
comprehensive major medical insurance plan. Any costs for
medical insurance over and above the City' s contribution will
be paid by the employees .
The deductible amounts will be $200 and $600 for employee
and dependent coverage, respectively, and major medical
coverage is $500,000 .
Section b. Health Maintenance Organization. The employee
may as an option, elect to participate in any eligible Health
maintenance Organization (HMO's) certified with the City. The
City will contribute to the cost of an HMO plan a monthly
amount equal to that provided for the City's basic
comprehensive major medical insurance plan. Any costs for HMO
participation over this prescribed monthly amount will be paid
by the employee.
Section c. Retiree Participation. An employee who retires
with at least twenty (20) years of full-time active service
with the City of Elgin can elect to continue upon retirement
in the City's basic comprehensive major medical insurance
plan. Said participation shall be available only as
continuous coverage with the retiree paying 100% of the City's
monthly medical plan contribution. Such payment shall be
payable in advance on a quarterly basis or through a monthly
pension deduction. Participation may continue according to
law or until the discontinuation of the required payments.
Section d. Health Maintenance. Each employee covered by
this Agreement shall be eligible for a reimbursement up to
$50.00 annually for any health maintenance examination. Any
eligible employee may, at their option, elect to participate
in a City sponsored Wellness . Program in lieu of the
reimbursement.
Section e. Life Insurance. The City shall provide each
employee covered by this Agreement, who has been employed
full-time for thirty (30) days or more, with a $20,000 group
term life insurance policy (including accidental death and
dismemberment) .
It is agreed that the City's obligation under this item
is limited solely to the payment of the cost of the insurance
program provided thereunder, and employees and their
beneficiaries shall be entitled to benefits only in accordance
with and governed by the terms and conditions of the insurance
15
policies issued to provide such benefits. Neither the City
nor the Association shall themselves be obligated to pay any
insurance benefit provided under this item directly to
employees or their dependents or beneficiaries .
The City retains the right to change insurance carriers
or otherwise provide for coverage (e.g. , self insurance) as
long as the level of benefits remains substantially the same.
Section f. Dental Insurance. Employees covered by this
Agreement shall be eligible to , participate in the City's
dental insurance program at their own expense, subject to the
same terms and conditions which are applicable to City
employees generally, including any changes or modifications
which may be made from time to time. Employees who
participate in the City's Dental program will be notified
prior to any such changes or modifications.
Article 17 . Uniform
Section a. Quartermaster system. Effective as soon as
reasonably practicable after the ratification of this
agreement, a quartermaster system will be instituted
whereby the City will replace required uniform and
equipment items through vendors selected by the City as
they become worn out or damaged, provided that the
employee must turn in worn out/damaged uniform and
equipment items to his Deputy Chief and receive
authorization from him to replace the item or items in
question. It is understood that equipment items may be
appropriately repaired rather than replaced if it is
reasonable to repair the item. Any employee who does not
turn in worn out/damaged uniform and equipment items,
except where such item or items were damaged in the line
of duty, shall be required to pay for the replacement.
The uniform items covered under these provisions shall be
as follows :
Long Sleeve Shirts
Belt
Uniform Patches
Uniform Ha;t
Jackets (One Uniform/One EMS)
Summer Style Shirts
Short Sleeve Shirts
Badges
Shoes (4 Styles out of which an employee selects one)
Set Work Out Gear
Pairs of Trousers
Sets of Collar Insignia (if needed)
Complete Dress Uniform
Name Tags
16
All uniform items that may be worn during structural
firefighting must meet NFPA standards at the date of
issue. The cost of the quarter master system agreed to
shall not exceed the 1993 cost for Uniform Allowance for
the employees covered by this agreement in 1994 ..
Section b. Uniform Maintenance Allowance. Annual
maintenance allowance of $200 per employee payable in two
equal installments in January and July beginning January
of 1996 .
Article 18. 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 Article 15, Section d(2) .
Article 19 . Death of an Employee
Upon the death of an employee, the employee's spouse,
legal heir, or executor of his estate shall receive
compensation for all unused vacation leave, all eligible
severance pay pursuant to Article 18 above and the balance of
the pay period's compensation of the period in which the
employee died.
Article 20 . Grievance Procedure
Section a. 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.
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
occurrence of the first event giving rise to the grievance. A
grievance shall be processed as follows:
Step 1 : Verbal to Shift Captain on Duty. By
discussion between the employee and the Shift
Captain on Duty. The Shift Captain on Duty
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 answer from the Shift Captain on Duty,
shall file with the Deputy Chief a written
grievance signed by the employee on a form
provided by the City settingforth the complete
facts on which it is based, the specific
17
contract provision(s) allegedly violated and the
relief sought. The Deputy Chief, or his
designee, shall give a written answer within
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
(not to exceed two) and the chief, or his
designee, will discuss the grievance at a
mutually agreeable 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.
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 fourteen ( 14) 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 fourteen ( 14) 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 seven
(7) arbitrators from Illinois, Wisconsin or
Indiana who are members of the National Academy
of Arbitrators. The. parties shall alternatively
strike one name at a time from the list until
one name remains, with a coin toss being used to
determine who strikes first; provided that
either party, before striking any names, shall
have the right to reject one panel of
arbitrators . The arbitrator shall be notified
18
•
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
award and decision 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
divided equally between the City and the
Association.
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. Where the parties mutually agree in writing, more
than one grievance may be submitted to the same arbitrator.
Section d. Investigation and Discussion. All grievance
discussions and investigations shall take place in a manner
which does not interfere with 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 .
Section f. Discipline. A day , of discipline for 24-hour
shift personnel will be considered 12 hours off.
Article 21 . Access to Personnel File
Upon reasonable request, an employee shall have the right
to review the non-confidential documents in his personnel
file, departmental as well as central, provided that no
documents in an employee's file shall be marked or altered.
In the event the City refuses to allow review of confidential
documents, the employee will be advised of the general nature
of the documents and basis of the confidential classification.
19
An employee shall be notified when adverse material is
placed in his personnel file and the employee shall have the
right within 30 days thereafter to submit a response to any
such adverse material . An employee may request that a copy of
any of the non-confidential documents in his personnel file be
copied. If such a request is made, the employee shall
reimburse the City for the reasonable cost of copying any such
documents (not to exceed the charges the City assesses for
Freedom of Information Act request) . Nothing herein shall
require the City to collate or compile any information.
Article 22 . Safety
A Safety Committee composed of two persons designated by
the Fire Chief and two persons designated by the Union shall
meet monthly upon request for the purpose of discussing
matters of mutual concern relating to safety issues . The
Safety Committee, or a minority thereof, may make written
recommendations concerning safety issues to the Fire Chief or
Acting Chief, but such recommendations shall be advisory
only. Within fourteen ( 14) calendar days of receipt of the
report from the Safety Committee, or a minority of the
Committee, the Fire Chief or his designee shall set forth in
writing his response to the report and recommendations .
Matters subject to review by the Accident Review Board shall
not be subject to review by the Safety Committee for the
purpose of determining cause or disciplinary action.
Any conclusions/recommendations (as opposed to facts)
contained in a Safety Committee report shall not be used in
any disciplinary proceeding.
If both the City and Union members of the Safety
Committee mutually agree that a seminar or training
opportunity within 350 miles of Elgin would be beneficial in
carrying out the duties of the Safety Committee, the City
shall reimburse each Union member of the Safety Committee up
to $250 per year for the cost of tuition and/or expenses to
attend such seminar or training opportunity.
Article 23. Bill of Rights
Nothing in this Agreement shall be construed to preclude
the applicability of the Firefighter Bill of Rights as set
forth in Illinois Revised Statutes, Chapter 85, Section 2501,
et seq.., but said Bill of Rights shall not be incorporated
herein by reference.
Article 24 . Drug and Alcohol Testing
The City may require an employee to submit to urine
and/or blood tests if the City determines there is reasonable
suspicion for such testing. Upon request, the City shall
provide any employee who is ordered to submit to any such test
20
with a written statement of the basis for the City' s
reasonable suspicion within 48 hours of the request. There
shall be no random testing.
The City 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 City unless the
confirmatory test result is also positive as to the same
sample. If the City, 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 City shall
provide an employee with a copy of any test results which the
City receives with respect to such employee.
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.
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 Employee Assistance Program and the Fire
Department shall not be informed of any such request or any
treatment that may be given. Additionally, if an employee
tests positive in the testing procedure as outlined herein,
the employee may be advised and required to seek assistance
through the Employee Assistance Program or, if the
circumstances warrant, may be the recipient of appropriate
disciplinary action, which may include discharge. If the same
employee tests positive a second time, the test results shall
be submitted to the City for appropriate disciplinary action,
which may include discharge.
Use of proscribed drugs at any time while employed by the
City, 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,
subject to confirmation by the Elgin Board of Fire and Police
Commissioners. While all such disciplinary issues shall be
subject to the exclusive jurisdiction of the Elgin Board of
Fire and Police commissioners, all other 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,
21
etc. ) may be grieved in accordance with the grievance and
arbitration procedure set forth in this Agreement.
Article 25. General Conduct
As a member of the public service, employees covered by
this Agreement shall conduct themselves, both on and off the
job, so as to bring credit upon the service and shall abide by
all Federal laws, State Statues, the Manual of the Elgin Fire
Department rules and regulations, the Board of Fire and Police
Commissioners rules and regulations, and the personnel rules
and regulations of the City of Elgin pertaining to general
conduct which are currently in effect or as amended in the
future.
Prior to effective date of any written changes made in
the written personnel rules and regulations of the City of
Elgin or the written rules and regulations excluding standard
operating procedures and codes of the Elgin Fire Department,
the Association will receive a five (5) day written notice.
Article 26 . Labor-Management Committee
At the request of either party, the Union President and
the Fire Chief or their designees shall meet at least
quarterly to discuss matters of mutual concern that do not
involve negotiations . The Union President may invite other
bargaining unit members (not to exceed two) to attend such
meetings. The Fire Chief may invite other City
representatives (not to exceed two) to attend such meetings .
The party requesting the meeting shall submit a written agenda
of the items it wishes to discuss at least seven (7) days
prior to the date of the meeting. Employees scheduled to work
will notify the Fire Chief prior to their attendance at a
meeting and if such attendance is approved, the employee will
be permitted to attend the meeting during his regular hours of
work with no loss of pay.
A Labor-Management Committee meeting shall not be used
for the purpose of discussing any matter that is being
processed pursuant to the grievance procedure set forth in
this Agreement or for the purpose of seeking to negotiate
changes or additions to this Agreement.
Absent circumstances where it would not be reasonably
practicable, the Fire Chief or his designee will review at a
Labor-Management Committee meeting any substantive changes or
modifications to the Department's rules, regulations or
policies of general application prior to the implementation of
same.
22
Article 27 . Miscellaneous
Section a. Duty Trades . Any two employees on different
shifts may request to trade duty time so long as the two
employees are determined to be fully capable to perform each
other' s assigned duties for the duty time involved. . Requests
for such trades shall be submitted on the proper form by 5
p.m. on the shift prior to the requested trade and approved by
the Fire Chief or his designee. Such requests shall not be
unreasonably denied. All approved duty trades must be paid
back before the effective date of an employee's promotion to a
position not covered by this Agreement. Notwithstanding any
other provision of this Agreement, no additional compensation
shall be paid to any employee as a result of duty trades.
Section b. Meal Shopping. The employees assigned to one
apparatus at each fire station may be allowed, with the
approval of the Shift Deputy Chief or designee, which shall
not be unreasonably denied, reasonable time to shop in their
assigned still area for kitchen supplies and food to be eaten
at the fire station for all interested employees. Such
shopping shall normally be permitted and completed prior to 8
a.m. , or, if not, at another time that does not interfere with
departmental operations.
Section c. Inoculation/Immunization Shots. The City agrees
to pay all expenses for inoculation or immunization shots for
any employee wishing to be vaccinated or immunized where such
vaccination or immunization is normally available in the
Chicago metropolitan area and where such vaccination or
immunization is required or recommended by the EMS system
agency as a result of said employee's reasonably likely
exposure in the line of duty to contagious diseases . The cost
for any examination or diagnostic test necessary to confirm
the effectiveness of a vaccine or immunization shall be paid
for by the City. The City may require the employee to sign a
consent form prior to receiving any such vaccination or
immunization.
Section d. Physical Fitness Program. The parties agree
that it is in their mutual interest for employees to be in
good physical condition. Accordingly, a Physical Fitness
Committee shall be established for the purpose of discussing
matters of mutual concern relating to physical fitness
issues. The Physical Fitness Committee, or two members
thereof, may make written recommendations concerning Fitness
issues to the Fire Chief or Acting Chief, but such
recommendation shall be advisory only. Within a reasonable
number of days of receipt of the report from the Physical
Fitness Committee, or two members thereof, the Fire Chief or
his designee shall set forth in writing his response to the
report and recommendations. The Physical Fitness committee is
23
to be composed of two members appointed by the Fire Chief and
two members appointed by the Union President.
Section e. Non-City Employment. Non-city employment of any
employee shall not interfere with the duties and
responsibilities of his/her City position nor restrict the
performance of his/her assigned City work. Non-city
employment shall be subject to the following conditions:
(a) Any injury during non-city employment resulting in
time lost from the City, cannot be charged to
accumulated sick leave nor shall there be any
additional accrual of vacation and sick hours during
such lost time. Eligibility for group medical
insurance, life insurance and pension disability
benefits will be determined by the respective
carrier or agency.
(b) Such non-city employment shall not be incompatible
or create a conflict of interest with City duties .
(c) Private business, non-city employment or activity
shall not be performed or entered into during
working hours or in City offices, buildings and
facilities.
Article 28. Entire Agreement
This Agreement, upon ratification, supersedes all prior
practices and agreements, whether written or oral, unless
expressly stated to the contrary herein, constitutes the
complete and entire agreement between the parties, and
concludes collective bargaining for its term unless otherwise
expressly provided herein.
The City 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 City'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
City is considering a change during the term of this Agreement.
Article 29 . 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
24
Agreement. If any of these provisions are in conflict with
existing Federal or State laws of 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. In the event any such provision is found to
be invalid, the parties shall promptly meet for the purposes
of negotiating a lawful substitute provision.
Article 30 . Impasse Resolution
•
In the event that the terms and conditions of a successor
agreement cannot be resolved by negotiation, disputed items
shall be resolved in accordance with the statutory impasse
resolution procedures (IPLRA, Ch. 48, Section 1614) , except
that the parties agree that the variances from statutory
impasse procedures expressly set forth in Appendix B shall be
followed to resolve any impasse arising between the parties as
to the terms and conditions of the successor agreement to this
Agreement. The parties ' agreement to include such variances
in this Agreement shall not be construed as waiving any rights
either party may have to object to the inclusion of any or all
of such variances in a successor agreement or create any
obligation on the part of either party to agree to include any
such variances in a successor agreement.
Article 31. Term
This Agreement shall be effective as of the 26th day of
December, 1993, and shall remain in full force and effect
until the 21st day of December, 1996 . 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 +s,
both parties.
EXECUTED THIS &Lk da of hes r c r
yam. 1994 .
FO' HE ' ITY,
n
Attest: L X 12 = /111 enc w-- BY: /i .. Lc /. . _ . .
City Clerkity Manag-
FOR THE ASSOCIATION,
t
Attest: By: ' _ / ..AN i -tom vli (21„..-----
Secretary , -res dent
25
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 check off 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 non-union 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 supersede any existing ordinance and/or
statute as pertains to the rights of the City to place new
employees on a eighteen ( 18) 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 - Human Resources Dept.
Effective:
I hereby request and authorize you to deduct
bi-weekly from my earnings union dues or service
charge equal to 1% of top Firefighter pay.
This amount deducted shall be paid to the Elgin
Association of Firefighters, Local 439.
Signed:
Address: