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HomeMy WebLinkAbout07-259 Resolution No. 07-259 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Local #439 International Association of Firefighters for 2007-2010,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Sclock, Mayor Presented: October 24, 2007 Adopted: October 24, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT Between CITY OF ELGIN and LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS January 1, 2007 through December 31, 2010 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 3 Section a. Duties 3 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 4 Section c. Rank Security 4 Article 9. Wages 5 Section a. Ranges 5 Section b. Retroactivity 7 Section c. Pension Pickup 7 Section d. Longevity Pay 7 Article 10. Firefighter/Paramedics, Lieutenant/Paramedics, M-chanic and Driver Engineer 7 Section a. Compensation 7 Section b. Opt Out Provisions if Number oi EMT-P's Exceeds Number Established by the Fire Chief 8 Section c. Mandatory Decertification 8 Section d. Mechanic Pay 9 Section e. Assigned Driver Engineer Pay 9 ill)Article 11. Hours of Work and Overtime 9 Section a. Application of This Article 9 Section b. Normal Work Period 9 Section c. Regular Overtime Pay 9 Section d. FLSA Overtime and Work Period 9 Section e. Computation of Straight Time Hourly Rate of Pay 9 Section f. Time Off Scheduling 9 Section g. Trading of Kelly Days 10 Section h. Call Back 10 Section i. Shift Transfers 10 Section j. No Pyramiding 10 Section k. Light Duty Pool 10 Section 1. Shift Hold Over 11 Article 12. Training 11 Section a. Mandatory Training 11 Section b. Voluntary Training 11 Section c. Assignment to 40 Hour Work Week for Training 11 Section d. Posting of Fire Service Training Opportunities 12 Article 13. Holiday Pay 12 Article 14. Vacation 13 Section a. Accrual 13 Section b. Vacation Pay 13 Section c. Increasing Vacation 14 Section d. Scheduling 14 Article 15. Sick Leave 14 Section a. Accrual 15 Section b. Disability 15 Section c. Injury or Surgery 15 Section d. Conversion 15 Section e. Sick Leave Incentive Recognition 16 Article 16. Group Hospitalization and Life Insurance 16 Section a. Medical Insurance (PPO) 16 Section b. Health Maintenance Organization (HMO) 17 Section c. Retiree Participation 17 Section d. Life Insurance 17 ii rimbk Section e. Dental Insurance h 17 Section f. Section 125 Plan 17 Article 17. Uniform 18 Section a. Quartermaster System 18 Section b. Initial Uniform Issue for New Employees 18 Section c. Uniform Maintenance Allowance 18 Article 18. Separation Pay 18 Article 19. Death of an Employee 19 Article 20. Grievance Procedure 19 Section a. Definition of Grievance 19 Section b. Grievance Procedure 19 Section c. Time Limits 20 Section d. Investigation and Discussion 20 Article 21. Discipline 21 Article 22. Access to Personnel File 22 Article 23. Safety 23 Article 24. Firemen's Disciplinary Act 23 Article 25. Drug and Alcohol Testing 23 Article 26. General Conduct 24 Article 27. Labor-Management Committee 25 Article 28. Worker's Compensation Benefits 25 Article 29. Promotions 25 Section a. General 25 Section b. Eligibility 25 Section c. Rating Factors and Weights 26 Section d. Maintenance of Promotion List 27 Section e. Demotions or Removals from on-Bargaining Unit Positions 27 Article 30. Miscellaneous 27 iii Section a. Duty Trades 27 Section b. Meal Shopping 27 Section c. Inoculation/Immunization Shots 28 Section d. Physical Fitness Program 28 Section e. Non-City Employment 28 Section f. Residency 28 Section g. Station/Shift/Vehicle Assignment Bidding 28 Section h. Steward Transfers 29 Article 31. Entire Agreement 29 Article 32. Savings 29 Article 33. Impasse Resolution 30 Article 34. Direct Deposit 30 Article 35. Term 30 APPENDIX A 31 APPENDIX B 32 SIDE LETTER RE AUTOMATIC AID AGREEMENT 34 SIDE LETTER RE PROCEDURE FOR DRIVER ASSIGNMENTS 35 SIDE LETTER RE ONE TIME ONLY RETIREMENT 36 iv Article 1. Recognition and Purpose of Agreement This Agreement is made by and between the City of Elein(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 exc usive 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 fothe 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 Agreeent 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 pr vide 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 opeate and direct the affairs of the City and the Fire Department in all its various aspects, includin , but not limited to, all rights and authority exercised by the City prior to the execution of this A reement, except as modified in this Agreement. Among the rights retained are the City's right t 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 o erations or services to be conducted in or at the Fire Department or by employees of the City; to a sign and transfer employees within the Fire Department;to hire,promote or demote, or to lay off mployees due to lack of work or for other legitimate reasons; to suspend, discipline or discharge or just cause to make, modify and enforce reasonable rules, regulations, policies and orders con erning any aspect of the operations of the department, including rules, regulations,policies and or ers that affect the conditions under which employees covered by this Agreement work; to chang methods, equipment, or facilities; provided, however, that the exercise of any of the above righ s shall not conflict with any of the specific provisions of this Agreement. Any matters within the jrisdiction of the Elgin Board of Fire and Police Commissioners shall not be affected by the ter s of this paragraph nor shall this paragraph be deemed to limit the authority or jurisdiction of s id Board in any way. 1 1 AI)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 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. 2 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 scrow account pending resolution of any objections raised by fair share fee payors t 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 p yors as set forth above shall not be subject to the grievance and arbitration procedure set forth in t is 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 n n-religious charitable organization mutually agreed upon by the employee and the Union. If the a fected non-member and the Union are unable to reach agreement on the organization,the organiza ion shall be selected by the affected non-member from an approved list of charitable organizations e tablished by the Illinois State Labor Relations Board and the payment shall be made to said organi ation. 1 Fair Representation. The Union recognizes its responsibility a bargaining agent,and agrees fairly to represent all employees in the bargaining unit, whether or of they are members of the Union. The Union further agrees to indemnify, defend and hold h rmless the City and its officials, representatives and agents from any and all claims, demand , suits, or other forms of liability (monetary or otherwise) and for all legal costs resulting from my failure 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 ag.inst 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 authorizat on,affidavit,or list furnished under any of such provisions. Article 6. Duties of Employees Section a. Duties. Employees covered by the terms of this Agement shall be required to perform those duties assigned to them as described in the applicable posi ion description;provided,however, no bargaining unit employee shall be required to engage in wdrk amounting to personal servitude for another employee, e.g., making beds and washing dishes. Section b. Subcontracting. The City reserves the right to contr ct out any work it deems necessary in the interest of efficiency and economy, and in emergency si uations. No employee shall be laid off as a result of any decision by the City to subcontract any work performed by employees covered 4111) by this Agreement. Article 7. Notice of Medical Treatment If a Fire Department supervisor is notified that an employee has provided care 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 or 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 Worker's Compensation 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 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 to 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. Compensation for such assigned responsibility shall be the difference between the straight time 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, or 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. 4 Article 9. Wages Section a. Ranges. Effective January 1,2007,the monthly and''.yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,249 4,529 4,813 5,099 5,381 5,664 50,993 54,350 57,757 61,189 64,572 67,966 Lieutenant 6,105 6,377 6,639 73,258 76,527 79,672 The foregoing base monthly and yearly salary ranges for 2007 or both the ranks of Firefighter and Lieutenant reflect an across-the-board increase of four percent(4.0%). Effective January 1, 2008, the monthly and yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,419 4,710 5,006 5,303 5,596 5,890 53,033 56,524 60,068 63,637 67,154 70,685 Lieutenant 6,349 6,632 6,905 76,188 79,588 82,859 The foregoing base monthly and yearly salary ranges for the ranks of Firefighter and Lieutenant for 2008 reflect an across-the-board increase of four(4.0%). Effective July 1, 2008, the monthly and yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,442 4,734 5,031 5,330 5,624 5,920 53,298 57,807 60,368 63,955 67,490 71,038 Lieutenant 6,381 6,666 6,939 76,569 79,986 83,274 The foregoing base monthly and yearly salary ranges for the ranks of Firefighter and Lieutenant for July 1, 2008 through December 31, 2008 reflect an across-the-board increase of(0.5%). 5 4111)Effective January 1, 2009, the monthly and yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,619 4,923 5,232 5,543 5,849 6,157 55,430 59,079 62,783 66,513 70,190 73,880 Lieutenant 6,636 6,932 7,217 79,632 83,186 86,604 The foregoing base monthly and yearly salary ranges for the ranks of Firefighter and Lieutenant for 2009 reflect an across-the-board increase of four percent(4.0%). Effective July 1, 2009, the monthly and yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,642 4,948 5,258 5,570 5,878 6,187 55,707 59,375 63,097 66,846 70,541 74,429 Lieutenant 6,669 6,967 7,253 80,030 83,602 87,037 The foregoing base monthly and yearly salary ranges for the ranks of Firefighter and Lieutenant for July 1, 2009 through December 31, 2009 reflect an across-the-board increase of 0.5%. Effective January 1, 2010, the monthly and yearly salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 4,851 5,171 5,495 5,821 6,143 6,466 58,214 62,047 65,936 69,854 73,715 77,590 Lieutenant 6,969 7,280 7,580 83,631 87,364 90,954 The foregoing base monthly and yearly salary ranges for the ranks of Firefighter and Lieutenant for 2010 reflect an across-the-board increase of four and one-half percent(4.50%). The foregoing salary increases are in addition to all in-range step increases to which employees may be eligible for on their anniversary dates during the term of this Agreement. 6 Section b. Retroactivity. Employees covered by this Agreement who are still on the active payroll and employees who have retired, taken a disability pension and/or have disability pension applications pending shall be entitled to retroactive payment',under this Agreement. Retroactive checks shall be issued no later than sixty(60)days from the date of the last ratification by the parties to this Agreement or by a date agreed upon by the parties. Employees who have been involuntarily separated, resigned or were not eligible for a pension shall not be entitled to retroactive pay. Payment shall be on an hour-for-hour basis for all regular hors actually worked since January 1, 2007 including all hours of paid leave, holiday additional pay or overtime hours between January 1, 2007 and a date no later than sixty(60)days following the date of last ratification by the parties hereto. Section c.Pension Pickup. The City agrees to pickup the empl yee's required pension contribution out of the employee's compensation and remit same to the lgin Firemen's Pension Fund. The parties agree that the "pickup" of employees' required p nsion contributions represents an accounting procedure whereby employee pension contribute ns are treated as a form of deferred compensation,thereby tax sheltering such pension contribution until such time as pension payments are received. The provisions of this Section are subject toplicable Internal Revenue Service provisions governing same. Section d. Longevity Pay. Effective January 1,2007, employes with continuous service with the City in a position covered by this Agreement shall receive anndal longevity pay in accordance with the following schedule: Years of Continuous Service Amount of Longevity Pay 10 years but less than 15 years $ 800 15 years but less than 20 years $1,200 20 years or more $1,600 Effective January 1, 2009, employees with continuous service) with the City in a position covered by this Agreement shall receive annual longevity pay in accordance with the following schedule: Years of Continuous Service Amount of Longevity Pay 10 years but less than 15 years $1,150 15 years but less than 20 years $1,550 20 years or more $1,950 Longevity pay shall be considered as part of the employe 's base salary for the purpose of computing the hourly rate of pay for overtime pay purposes. Article 10. Firefighter/Paramedics,Lieutenant/Paramedics,Mechanic,and Driver Engineer Section a. Compensation. All Firefighter/Paramedics and Lieutenant/Paramedics who are certified and assigned as Paramedics shall receive a stipend of$320.00 per month. 7 411111) 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 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: (I) 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. Third 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 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 consideration; provided, however,that the desires of an employee who is within one year of retirement shall be given special consideration. 8 Section d. Mechanic Pay. Mechanics covered by this contract shall receive a stipend of$110.00 per month in addition to their base pay. Mechanics shall be selected from voluntary applicants and application for the positions shall be accepted from all interested employees. Section e. Assigned Driver Engineer Pay. Effective January 1, 2008, all Firefighters who are certified as Fire Apparatus Engineers and regularly assigned as'drivers of engines and ladder trucks shall receive a monthly stipend of$150 in addition to their base pay. Effective January 1,2010,all Firefighters who are certified as Fire Apparatus Engineers and regularly assigned as drivers of engines and ladder trucks shall receive a monthly stipend of$225 in addition to their base pay. 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 sall be 24 consecutive hours of duty starting at 7:00 a.m.and ending the following 7:00 a.m.,follow, d by 48 consecutive hours off duty. A Kelly Day(i.e., what would otherwise be a 24 hour duty da ) shall be scheduled off every ninth duty day, thereby reducing the normal work week to an avera1e of 50.15 hours. Section c. Regular Overtime Pay. Employees covered by thisgreement shall be paid one and one- half times their regular straight time hourly rate of pay for all hh urs 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 regular straight time hourly rate of pay for all hoUrs of actual work on his 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. The annual hours of duty used to compute the regular straight time hourly rate of pay shall be 2,608. Section f. Time Off Scheduling. Other provisions of this Agreement not withstanding, at no time will more than four(4) lieutenants(effective January 1,2008, ive(5)lieutenants)be scheduled off at the same time on a combination of vacation, Kelly Day, elly Trade, duty trade or sick time conversion. This restriction shall not apply to sick leave or w rker's compensation. r 9 Section g. 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, provided that both employees are currently performing shift work and there is a reasonable expectation that the trade can be completed, 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 h. Call Back. 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 i. 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 j. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article of Agreement. Section k. 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. Light duty assignments shall not exceed and shall automatically expire in six months. Light duty assignments may be extended up to an additional six months at the discretion of the City Manager. Employees assigned to the Light Duty Pool will be compensated at the regular rate of pay. An employee on extended sick leave may request assignment to light duty if available. A pregnant Firefighter may also request assignment to light duty upon the determination of her physician that she can no longer safely perform regular Firefighter duties by virtue of her pregnancy. 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. Section 1. Shift Hold Over. A hold over occurs when an employee is required to stay past his/her scheduled shift. An employee that is held over after his/her scheduled shift shall be paid for his/her 10 eibk actual time worked, at the overtime rate of one and a half times his/her hourly rate, rounded off to the nearest tenth of an hour. Article 12. Training Section a. Mandatory Training. Mandatory training is any training that is considered essential by the Fire Chief to enable the employee to function and carry out-the duties required of the employee's position. Such training shall include but shall not be limited to: Recruit training for Firefighter II certification Fire Apparatus Engineer Certification Haz-Mat Operations Certification Journeyman training for Firefighter IIIlcertification (This is applicable to all employees hired after January 1, 2004) Initial EMT-B certification Initial EMT-P certification Skills maintenance training In addition to the above training, the Fire Chief may scllect other training opportunities that he deems necessary and designate them as mandatory training] Mandatory training shall be paid at time and a half when performed while an employee is off dut(. Section b. Voluntary Training. Employees that volunteer to attend Fire Department approved training may have the associated costs of such training paid for by the Employer. The Employer may pay for these costs and shall reimburse employees for expenses incurred only when agreed upon in advance between the Fire Chief and the employee. College level course work that an employee may voluteer to attend in agreement with the Fire Chief prior to attendance will be considered under the City of Elgin's current tuition reimbursement policy. Section c. Assignment to 40 Hour Work Week for Training. or certain types of training that are 40 hours or longer in duration(i.e.National Fire Academy attendance),the employee may be placed on a 40 hour work week. The employee shall continue to receive his/her regular compensation for the duration of this assignment. If the employee is away for 4 week or longer while assigned to a 40 hour work week for training,then the employee will be guaranteed at least(1) calendar day off prior to returning to his regular shift assignment. Example - $f an employee returns home Friday afternoon, he would receive either the rest of his shift off On Friday or an entire shift day off rob.' Saturday before returning to his regular shift. 11 Section d. Posting of Fire Service Training Opportunities. Training Opportunities which the Fire Department decides to offer to employees (i.e. courses offered by the University of Illinois or the Illinois Fire Chief's Association) 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. Those qualified employees interested in attending such training opportunities shall notify the Training Officer in writing,within the time specified,of his/her desire to attend such training. 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 back 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 callback provisions of Article 11, Section h. of this Agreement. For the purposes of this section, the holidays shall be the following: New Year's Day; Martin Luther King's Birthday;President's Day,Easter Sunday;Memorial Day;Independence Day;Labor Day;Veteran's Day;Thanksgiving Day;Christmas Day;Christmas Eve(1/2 Day);and New Year's Eve (1/2 Day). For the purpose of Holiday Pay on Christmas Eve, the hours of 00:00 (midnight)to 12:00 (noon)on December 24 are considered holiday hours. Holiday pay for the Christmas Eve and Christmas Day shall be distributed among the three '41) shifts as follows: (a) The shift working December 23 (24 hours, 07:00 a.m. to 07:00 a.m.) shall receive seven (7)hours holiday pay from midnight to 07:00 a.m. (b) The shift working December 24 (24 hours, 07:00 a.m.to 07:00 a.m.) shall receive twelve (12)hours holiday pay from 07:00 a.m. to 12:00 p.m. (5 hours) and from midnight to 07:00 a.m. (7 hours). (c) The shift working December 25 (24 hours, 07:00 a.m. to 07:00 a.m.) shall receive seventeen (17) hours holiday pay from 07:00 a.m. to midnight. For the purpose of holiday pay on New Year's Eve,the hours of 00:00 (midnight)to 12:00 (noon) on December 31 are considered holiday hours. 12 Holiday pay for the New Year's Eve and New Year's Day shall be distributed among the three shifts as follows: (a) The shift working December 30 (24 hours, 07:00 a.m. to 07:00 a.m.) shall receive seven (7) hours holiday pay from midnight to 07:00 a.m. (b) The shift working December 31 (24 hours, 07x00 a.m. to 07:00 a.m.) shall receive twelve (12) hours holiday pay from 07:00 a.m. to 12:00 p.m. (5 hours) and from midnight to 07:00 a.m. (7 hours). (c) The shift working January 1 (24 hours, 07:00 1.m. to 07:00 a.m.) shall receive seventeen (17) hours holiday pay from 07:00 �.m. to midnight. Article 14. Vacation Employees covered by this Agreement shall be eligible for paid vacation as follows: Years ContinuedService V e sofacation Time Off From the completion of one (1) year to the Five (5) shifts seventh (7`'') anniversary date After seven (7) years to the fourteenth (14`h) Seven (7) sifts 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 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 continudus 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, silk leave, worker'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 out accrued vacation hours upon retirement. Section b. Vacation Pay. An eligible employee shall be entitled to vacation pay at the employee's regular straight time hourly rate of pay. 13 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,three (3)slots per shift per duty day shall be available for vacation picks by bargaining unit employees. After all three(3)vacation slots on all duty days per shift have been picked, which shall be completed by January 1, a fourth 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 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. The City retains the right to monitor sick leave usage. The City will automatically require an employee to present appropriate documentation for each sick leave used after the use of in excess of forty-eight (48) consecutive shift hours of sick leave. 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 50.15 hours; inclusive of holidays; personal days; vacation; sick leave; worker's compensation; 14 rk 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 up to six months. While on such disability leave, the employee shall continue 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. Before returning to work,an employee on such a disability leave must present to the Human Resources 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 for in excess of 48 consecutive hours because of a severe injury or surgery must present a written statement by a physician specifying that the employee was unable to perform his or her duties while absent and certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Human Resources Department before the employee is allowed to return to work. Section d. Conversion. In recognition of non-use of sigk leave, employees may convert accumulated sick leave for additional vacation leave or for sey'erance 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 72,10 hours of sick leave. Such conversion is limited to a maximum of five (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 oflsick 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. In lieu of taking severance pay, an employee may elect to have an equivalent contribution made to a retirement health savings plan to be created by the City, provided that such plan is determined to be lawful, and provided such arrangement is revenue-neutral to the City. If such plan is determined to be unlawful, the parties shall meet and discuss a mutually agreeable alternative to such plan. (3) In the process of converting sick leave to additional vacation or severance pay, the remaining balance of unused sick leave may riot total less than the required base accumulations of 60 or 90 twelve (12) hour sick days. [ 15 Section e. Sick Leave Incentive Recognition. In recognition of the non-use of sick leave, all '4111) employees on the payroll for the full payroll year(actually working a minimum of 1,956 hours)shall be eligible for a sick leave incentive recognition bonus in accordance with the following schedule: Sick Leave Hours Used in Payroll Year Recognition 0 $85.00 1 to 48 55.00 49 to 96 30.00 Following the end of the payroll year, payment will be made for any bonus recognition for which an employee may be eligible. Article 16. Group Hospitalization and Life Insurance Medical 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(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. 411) The deductible amounts are$200 and$600 for employee and dependent coverage,respectively,and major medical coverage is $5,000,000. Section a. Medical Insurance (PPO) • Up to March 1, 2010, the City will pay 91.5% of the specified premium for the coverage selected(i.e.,single,single plus 1,or family)and the employee will pay via payroll deduction the remaining 8.5% of the specified premium. • Effective March 1, 2010, the City will pay 90% of the specified premium for the coverage selected(i.e.,single,single plus 1,or family)and the employee will pay via payroll deduction the remaining 10% of the specified premium. 16 Section b. Health Maintenance Organization (HMO) • Up to March 1, 2010, the City will pay 91.5% of the specified premium for the coverage selected (i.e., single or family) and the employee will pay via payroll deduction the remaining 8.5% of the specified premium. • Effective March 1, 2010, the City will pay 90/0 of the specified premium for the coverage selected (i.e., single or family) and the employee will pay via payroll deduction the remaining 10% of the specified premium. 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 bsis or through a monthly pension deduction. Participation may continue according to law or untU the discontinuation of the required payments. Section d. 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'ia$50,000 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 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 e. 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. Section f. Section 125 Plan. The City shall maintain a Section,125 Plan that will enable employees to tax shelter the amount they pay towards the cost of insurance coverage, as well as tax shelter amounts used to pay for unreimbursed medical expenses and Child care/dependent care expenses. 17 Article 17. Uniform 411) Section a. Quartermaster System. 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 Battalion 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 when requested, except where such item or items were damaged in the line of duty, shall be required to pay for the replacement. Section b. Uniform Items: Initial uniform issue for new employees: Long Sleeve Shirts Belt Uniform Patches Uniform Hat Jackets (One Uniform/One EMS) Overcoat Summer Style Shirts Short Sleeve Shirts Badges Shoes/Boots Pairs of Trousers Sets of Collar Insignia Complete Dress Uniform Name Tags Workout gear to be determined by the Chief Items will be replaced as stated in Section 17 (a) above. All Turn Out Gear must meet NFPA standards at the date of issue. All uniform items that may be worn during structural firefighting must be mutually agreed upon by the Union and the City. Section c. Uniform Maintenance Allowance. Annual maintenance allowance of$200 per employee shall be paid in two equal installments in January and July. 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). 18 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 expressed terms of this Agreement and matters involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this Agreement. Such disciplinary grievances shall be initiated at step one of the grievance procedure. 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: Written to On Duty Shift Captain (not an acting captain). By written grievance from the employee to the Shift Captain on duty. The Shift Captain on Duty shall answer in writing within seven(7) calendar days of the submission. Step 2: Appeal to Battalion 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 Battalion Chief a written grievance signed by the employee or,i a form provided by the City setting forth the complete facts on which it i$ based, the specific contract provision(s) allegedly violated and the relief sought. The Battalion 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. (ow 19 Step 4: Appeal to City Manager. If the grievance is not settled in Step 3 and the 41) 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 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 Association4.1) 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 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. 20 Article 21. Discipline 1. Disciplinary actions instituted by the Employer shall be for just cause. Where appropriate, the following progressive discipline will be utilized,it being understood that,dependent upon the severity of the offense,discipline may be initiated at any of the steps mentioned below: (a) Oral Reprimand (b) Written Reprimand (c) Suspension (d) Discharge Oral reprimands and written reprimands may be appealed through the grievance procedure but are not subject to arbitration. If the Employer has reason to reprimand an employee, it should be done, if possible, in a manner that will not embarrass the employee before other employees or the public. 2. Copies of all suspensions and discharge notices shall be provided to the employee and the Union. Discipline shall be subject to the grievance procedure, up to and including arbitration. All disciplinary actions set forth in Section 1 of this Article shall be within the authority of the Fire Chief or his designee to impose. The grievance and arbitration procedure for this Agreement is hereby declared to be the exclusive mechanism for appealing such disciplinary actions, expressly supplanting any appeal rights that an employee might otherwise have under City of Elgin Fire and Police Commission rules and regulations and/or Fire and Police Commissioners Act 65 ILCS 5/10-1-1, et seq. 3. Any Employee found to be unjustly suspended or disdharged shall be reinstated with full compensation for all lost time and full restoration of all other rights, benefits, and other conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a grievance settlement or deemed appropriate by an arbitrator. 4. Disciplinary actions recorded in an employee's personnel file shall not be used after twelve (12)months for oral and written reprimands and shall not be used after thirty-six(36)months for suspensions to justify subsequent disciplinary actions. All records of disciplinary actions in an employee's file shall be removed by the City upon request from an employee and given to the employee after the above time periods have elapsed. This provision shall take effect as of the date of the last ratification by the parties to this Agreement and shall be considered the status quo only for the duration of this Agreement. 5. The Employer will conduct disciplinary investigation when it receives complaints or has reason to believe an employee has violated the rules and regulations of the Elgin Fire Department and/or just cause for disciplinary action exists. If practicable, after concluding any necessary investigation but prior to taking any final rim6' 21 411)disciplinary action,the Employer shall notify the employee of the contemplated measure of the discipline to be imposed, and shall meet with the employee involved and inform him of the reasons for such contemplated disciplinary action. Copies of the following documents shall be given to the employee, if so requested in writing, at this notification and review meeting: (a) Allegation of violations of the rules and regulations, and who made them. (b) Statement of charges. (c) Chief's disciplinary recommendation. (d) Copies of the employee's relevant past discipline. The Employee shall provide written acknowledgement of his receipt and review of the above-listed documents. The employee shall be entitled to Union representation at such meeting if so requested prior to the meeting and shall be given the opportunity to rebut the reason for such proposed discipline. It is agreed however that in no case shall the suspension or discharge of a probationary employee be subject to the grievance and arbitration procedure of this Agreement. 6. A day of discipline for 24-hour shift personnel will be considered 12 hours off. 7. For grievances involving the suspension or discharge from employment with the City of non- probationary employees covered by this Agreement, the parties agree to request that the arbitrator schedule a hearing for such discipline grievance within thirty (30) days of the arbitrator's notification of selection, and shall also request that each arbitrator in such disciplinary grievance render a decision within thirty (30) days of the date of any such hearing. In the event any arbitrator fails to conform to the aforementioned time restrictions it shall be without prejudice to either party. Article 22. 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. An employee shall be notified when adverse material,excluding court orders, garnishment letters or other materials unrelated to the employee's performance or employment with the City, is placed in his personnel file and the employee shall have the right within 30 days thereafter to submit 22 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 al 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 Requests). Nothing herein shall require the City to collate or compile any information. Article 23. Safety A Safety Committee composed of two persons designated by the Fire Chief and two persons designated by the Union shall meet upon request of either party, but not less than once each ninety (90) days, 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 wEiting 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 r 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 24. Firemen's Disciplinary Act Nothing in this Agreement shall be construed to preclude the applicability of the Firemen's Disciplinary Act as set forth in 50 ILCS 745/1,et seq.,but said Firemen's Disciplinary Act shall not be incorporated herein by reference. Article 25. Drug and Alcohol Testing The City may require an employee to submit to urine and/or blood tests (a) if the City determines there is reasonable suspicion for such testing; or (b) post-accident at the Chiefs discretion; or(c) to the extent required by any level of EMT swhool for employees in such school. Upon request, the City shall provide any employee who is ordered to submit to any such test 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 eimik23 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. 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, etc.)may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. Article 26. 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 24 Pik t procedures and codes of the Elgin Fire Department, the Association will receive a five (5) day written notice. Article 27. Labor-Management Committee At the request of either party,the Union President and the Fire Chief or their designees shall meet to discuss matters of mutual concern that do not involve negotiations. The Union President may invite other bargaining unit members (not to exceed three)to attend such meetings. The Fire Chief may invite other City representatives(not to exceed three)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 addition$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. Article 28. Worker's Compensation Benefits The City shall not enact any ordinance, rule, regulation or other law that bars or has the effect of barring the rights of employees injured in the line of duty from continuing to exercise their rights to file and have their claims heard and determined according to the provisions of the Illinois Worker's Compensation Act(820 ILCS 305/1, et seq.). For employees injured in the line of duty the Illinois Worker's Compensation Act and the Public Employee Disability Act(5 ILCS 345/0.01 et seq.) shall govern the City's handling of claims, including, but not limited to, claim processing, and other proceedings before the Worker's Compensation Commission. Article 29. Promotions Section a. General. Promotion as defined by the Fire Departnpent Promotion Act, 50 ILCS 742/1 et seq., as amended (hereinafter referred to as the "Act"), shill be made in accordance with the provisions of the Act except as expressly modified by the terns of this Article. Section b. Eligibility. All candidates seeking promotion to the rank of Lieutenant shall be made from Elgin Fire Fighters who have at least five (5) years of service in the Elgin Fire Department. All candidates seeking promotion to the rank of Captain or the next highest rank above Lieutenant shall be made from Lieutenants who have at least two(2)years seniority as a Lieutenant in the Elgin Fire Department. For the purpose of this provision, anniversaries of service shall be calculated as of the date of the written examination. 25 Section c. Rating Factors and Weights. All examinations shall be impartial and shall relate to those matters which will test the candidate's ability to discharge the duties of the position to be filled. The placement of employees on promotional lists shall be based on the points achieved by the employee on promotional examinations consisting of the following components weighted as specified: (1) Seniority 15% (2) Education Incentive 10% (3) Oral Assessment 25% (4) Written Assessment 40% (5) Department Points 10% 1. Seniority— Seniority points for Lieutenants testing shall start at ten(10)points at five (5) years of service to the Elgin Fire Department and have ten (10) points added for each year of service to a maximum of one hundred (100) points. Seniority points for Captain or the next highest rank above Lieutenant shall start at ten(10) points at two (2)years in grade as a Lieutenant on the Elgin Fire Department and have ten (10)points added for each year in grade,after two (2)years,to a maximum of one hundred (100)points. Seniority points shall be calculated as of the date of the written examination. 2. Education Incentive Points—For the ranks of Lieutenant and Captain, educational points shall be given as follows: Lieutenant Captain Points Points Fire Officer I 25 Fire Officer II 25 Associate Degree or 60 hours 25 Associate Degree or 60 hours 25 Bachelor's Degree 50 Bachelor's Degree 50 (to be added to Associate Degree or (to be added to Associate Degree or 60 hour points) 60 hour points) 3. Oral Assessment—The assessment shall be conducted by an independent organization mutually agreed upon by the City and the Union. If both parties cannot agree upon an independent organization, a list of three (3) organizations shall be presented to the Union. Starting with the City each side shall strike one(1)name from the list until an organization is selected. All such assessments and all components related thereto shall be job related and uniformly applied. Scores shall be made available to the candidates as soon as may be reasonably practicable. 4. Written Exam—The written exam shall be the last component given in the testing process. All reading materials that are to be used in the written exam shall be posted and made available in all fire stations not less than ninety(90)days prior to the applicable examination. 26 5. Department Points—The process of awarding departmental points shall be in accordance with the Act. Section d. Maintenance of Promotion Lists. Final eligibility lists shall be effective for a period of three (3)years. The City shall take all reasonable steps to ensure that the Board of Fire and Police Commissioners maintains in effect current eligibility lists. If a vacancy occurs in the last fifteen(15) days of the current eligibility list,the person who is on top of that list shall be the next eligible for promotion to such vacancy. Section e. Demotions or Removals from Non-Bargaining Unit Positions. In the event a non- bargaining unit employee is involuntarily demoted or removed from a non-bargaining unit position within the Fire Department, or voluntarily demoted or removed from such a non-bargaining unit position within the Fire Department with the approval of the City Manager in the City Manager's sole discretion,but is not discharged or is not retiring from the Fife Department,such employee shall in the City Manager's sole discretion revert to such employee's prior rank within the bargaining unit, without regard to whether a vacancy then exists in such rank and without regard to whether there then exists any applicable eligibility list for such rank. Any such demotion or removal of a non- bargaining unit employee to his/her prior rank shall not be considered as having created an additional position or vacancy within such rank. Any such demotion or removal shall also not be construed so as to entitle any bargaining unit employee to any promotion. However, nothing contained herein shall allow the City to demote an employee from a non-bargaining unit position to a bargaining unit position and then reassign such employed to act in a higher classification in order to avoid promoting a bargaining unit employee from a valid eligibility list. Article 30. 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 calendar day 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 Battalion 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. Meal shopping shall be permitted at a time that does not interfere with department 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 (Pk 27 4111)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 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 City position nor restrict the performance of his 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. Al) (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. Section f. Residency. There shall be no residency requirement for employees covered by this bargaining unit. Section g. Station /ShiftNehicle Assignment Bidding. Lieutenants shall be permitted to bid for their shift, station and vehicle assignment (collectively "Assignments") on a bi-annual basis beginning in October 2007 to become effective January 1st of the following year. The procedure for such bidding shall be by seniority in the rank of Lieutenant (based on date of promotion) with each Lieutenant picking his/her shift,station and vehicle assignment at that station. The assignment at the particular station shall mean the vehicle assignment. The selection of Assignments will be determined by the Fire Chief based upon the bids as submitted by the Lieutenants taking into account the demonstrated operational needs of the department. Notwithstanding any of the foregoing, the Fire Chief or his designee shall in his sole discretion have the right to transfer Lieutenants who have been assigned pursuant to the procedure 28 described herein in order to meet a demonstrated operational need of the department. Operational needs of the department shall be deemed to include, but not be limited to, a balance of seniority at stations and on shifts. The method of replacement for vacant Lieutenant positions that occur outside of the aforementioned bi-annual bidding period shall be determined exclusively by the Fire Chief. Section h. Steward Transfers. Union Stewards shall not be transferred from the station from which they are elected for the term of their office unless agreed to by the Union and the affected Union Steward. Article 31. Entire Agreement This Agreement, upon ratification, supersedes all priorpractices 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 salaries, 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 32. Savings If any provision of this Agreement is subsequently ';declared by legislative or judicial authority to be unlawful,unenforceable,or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. If any of these provisions are in conflict with', existing Federal or State laws or ordinances of the City of Elgin or Counties of Cook or Kane, then those provisions shall continue in effect only to the extent permitted by law or ordinance. Such invalidity shall not affect any other term of this Agreement. 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. 29 All)Article 33. 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 set forth in Section 14 of the Illinois Public Labor Relations Act (5 ILCS 315/14, as amended), 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 34. Direct Deposit All new members of the bargaining unit covered by this Agreement shall establish and maintain a bank account which will permit such employees to receive their paychecks via direct deposit. All members who receive their paychecks via direct deposit as of December 25,2006 shall continue to maintain a direct deposit account. Current employees receiving checks may continue to do so. Article 35. Term This Agreement shall be effective as of the 1st day of January,2007,and shall remain in full '44) force and effect until the 31st day of December,2010. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty (60) days prior to the expiration date set forth above or each yearly period thereafter if applicable. Notwithstanding the expiration date set forth above,this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties. EXECUTED THIS 29th day of October , 2007. FOR THE CITY, B Attest: \ �,� \ 1.�...`.�� y: . _ sae,,, -„ City Clerk - City 'anager FOR THE • _i ATION, Attest:,..4W J 1 By: L PA—au--� Secretary President 30 r 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 shores 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 ordinace and/or statute as pertains to the rights of the City to place new employees on an eighteen (18) inonth 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 Cit} of Elgin - Human Resources Dept. Effective: I hereby regiest and authorize you to deduct bi- weekly from'I 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: 31 411)APPENDIX B VARIANCES FROM STATUTORY IMPASSE PROCEDURE Selection Of The Chairman Of The Arbitration Panel. a) If either party serves a Demand For Compulsory Interest Arbitration,the Chairman shall be selected by utilizing the procedures specified in Step 5 of Article XX (Grievance Procedure) of this agreement. The parties may mutually agree to waive the statutory requirement for a tripartite panel. b) Concurrent with the period during which the Chairman of the Panel is being selected and any period prior to the date(s) set for hearing,the parties agree to continue good faith collective bargaining as long as there is a reasonable prospect of narrowing the differences between the parties, with the advice and assistance of a mediator from FMCS if mutually requested by the parties. c) Issues In Dispute And Final Offers. Within seven (7) calendar days of the service of a demand that the arbitrator selection process commence,the representatives of the parties shall meet and develop a written list of those issues that are in dispute. Unless the parties agree to a different time frame, not later than fourteen (14) days prior to the arbitration hearing the representatives shall prepare a Stipulation Of Issues In Dispute for each party to then execute. It is further agreed that: 44111) (i) Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory subject of bargaining;provided,however,that each party agrees that it will notify the other of any issue that it regards as a non-mandatory subject of bargaining not later than thirty (30) days prior to the arbitration hearing. Should any disputes arise as to whether a subject is a mandatory subject of bargaining, the parties agree to cooperate in obtaining a prompt resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board(Section 1200.140(b)). Either party may file a petition with the Board's General Counsel for a declamatory ruling after receiving such notice from either party that it regards a particular issue a non-mandatory subject of bargaining. (ii) Unless the parties agree to a different time frame, not less than seven (7) calendar days prior to the date when the first day the arbitration hearings are scheduled to commence,the representatives of the parties shall simultaneously exchange in person their respective written final last offers of settlement prior to arbitration as to each issue in dispute as shown on the Stipulation Of Issues In Dispute. The foregoing shall not preclude the parties from mutually agreeing to resolve any or all of the issues identified as being in dispute through further collective bargaining or by modifying their final offers as provided by Section 14(g) of the Act. 32 d) Conduct of Hearings. The parties agree tha all arbitration hearings shall be conducted as follows: (i) Hearing shall be held in the City of Elgin, Illinois at a mutually agreed location. Hearings may be conducted outside the City of Elgin only by written mutual agreement. (ii) The party requesting arbitration shall proceed with the presentation of its case first as to the issues as to which it is the moving party. The non-requesting party shall then present its case. Each party shall have the right to submit rebuttal evidence and testimony, as well as to submit a post-hearing brief. Two (2) copies of each party's post-hearing brief shall be submitted directly to'the arbitrator within thirty(30)days of receipt of a transcript of the hearing or such Other time period granted by the Chairman of the panel. After receipt of the parties' briefs,the arbitrator shall provide for the simultaneous exchange of the parties' briefs. (iii) The arbitrator's decision and award shall be issued in writing directly to each party's representative within thirty (30) days of the close of the hearings or the submission of post-hearing briefs, whichever is later. r 33 SIDE LETTER BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #439 AND THE CITY OF ELGIN Notwithstanding the subcontracting provision of the parties' 2007-2010 collective bargaining agreement,the City hereby assures the Association that during the term of said Agreement,the City will only use "Automatic Aid Agreement" to provide any fire service that may be necessary as a supplement to, but not as a replacement for, existing services. International Association of Firefighters City of Elgin Local #439 By: By: 41.M._ Date: 0 --g9-0 Date: "• " 411) 34 rk SIDE LETTER BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #439 AND THE CITY OF ELGIN This side letter is intended to set forth the procedure for driver assignments referenced in Article 10, Section(e)of the Agreement between the City of Elgin and International Association of Firefighters, Local#439 effective January 1, 2007 to December 31, 2010. The procedure for making driver assignments shall be as follows: MINIMUM QUALIFICATIONS: All drivers shall be(a)non-probationary firefighters; (b)certif ed fire apparatus engineers; and(c) if employed after September 1,2006,shall have completed the lgin Fire Department Initial Driver Training Program. PROCEDURE: Applicants may submit requests from any shift. Company fficers are required to notify their personnel of new, regular driver assignment opportunities. A plicants are required to notify their rk officer and submit a letter of interest to their Battalion Chief y the designated due date provided in the announcement. The Chief considers seniority withi the Elgin Fire Department as a significant factor in making assignments, among well qu lified applicants. Depending on operational needs in making assignments to an ambulance/ladd r truck,paramedic certification may also be required by the Chief. 1 The foregoing procedure shall not apply to driver assignments previously implemented nor shall it apply to short-term or unanticipated assignments. International Association of Firefighters City of Egin Local #439 By: By: ti, , ,,_ AIIP Date: �?—) - C.) Date: WN, , i 35 c. r SIDE LETTER BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #439 AND THE CITY OF ELGI This side letter is intended to implement Paragraph 11 'f the settlement agreement entered into by the parties hereto on September 27, 2007, relative to the collective bargaining agreement ("Agreement") between the parties hereto effective January 1, 2007 to December 31, 2010. The parties hereto agree that on a one-time basis only, for all eligible employees who submit an irrevocable written notice to retire from active service with the Fire Department,such retirement to commence within ninety (90) days from the date of the last ratification by the parties, the City shall pay fifty percent (50%) of the premium cost for the health insurance coverage that the employee had at the time of retirement until age 60, or for a maximum of five years from the date of retirement, whichever occurs first. Such premium cost shall not exceed fifty percent (50%) of the amount paid for a "single plus one" at the time of separatioh. At age 60, such retirees shall be eligible for the City's retiree health insurance benefit in accordance with Article 16, Section (c)of the Agreement. The terms of this one-time benefit shall be non-precedential. Individuals who are not eligible for pension (i.e., deferred retirements) shall not be eligible for this benefit. International Association of Firefighters City of Elgin Local #439 p By: .,.. - e L . BY: '140!llll� IP Date: —O Date: 36 C C L