The URL can be used to link to this page

Home My WebLink About08-253 Resolution No. 08-253 RESOLUTION RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF ELGIN AND LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of a Settlement Agreement and Release and Side Letter of Agreement between the City of Elgin and Local #439 International Association of Firefighters by Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into on the date set forth below by and between the Elgin Association of Firefighters,Local#439, IAFF ("Local 439"), and the City of Elgin("City"). WHEREAS, on June 16, 2006, Local 439 filed a representation/certification petition with the State Panel of the Illinois Labor Relations Board("Board"), docketed as Case No. S-RC-06- 195, seeking to represent firefighter employees in the rank of Captain("Petition"); WHEREAS, the City opposed the Petition and a hearing was held on April 11-12, and May 7, 10, and 16, 2007; WHEREAS, on or about June 22, 2006, Local 439 filed a Charge with the Board, docketed as Case No. S-CA-06-315, raising various allegations against the City, and a complaint issued on said charge on or about March 13, 2007 ("Complaint"); WHEREAS, the City and Union dispute the applicability of the Fire Department Promotion Act, 50 ILCS 742, as to the rank of Battalion Chief, WHEREAS, in lieu of filing an additional charge,the parties agreed that each reserved the right to fully litigate the facts and circumstances surrounding the most recent Battalion Chief promotion process as part of the Complaint; WHEREAS, on July 1, 2008,the ALJ issued a Recommended Decision and Order in the Petition ("Decision"), finding that the Captains were eligible to be part of the existing firefighters unit; WHEREAS, the City contests that finding and has filed exceptions to that decision and the Union has filed exceptions as well; WHEREAS,the parties wish to resolve the Petition, Complaint and any other pending unfair labor practice charges/complaints relating thereto as of the date of this Agreement without further proceedings before the Board or courts, NOW THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are acknowledged,the parties hereby agree as follows: 1. The City and the Union will,within seven(7) days of the execution of this agreement,withdraw their exceptions with prejudice and will not in any other way contest the ALJ's Decision, and upon certification of Local 439 as representative of the Captains in the existing bargaining unit, the City will recognize Local 439 as their duly appointed bargaining representative. 2. Upon the certification of Local 439 as representative of the Captains in the existing bargaining unit, the Union shall withdraw,with prejudice, all unfair labor practice charges and complaints pending as of the date this Agreement is signed below, including but not limited to the charge and Complaint in Case No. S-CA-06-315. 3. For as long as the City maintains the rank of Captain in its Fire Department,the parties agree that promotions to the rank of Battalion Chief shall not be subject to the Fire Department Promotion Act, that the provisions of that Act shall be waived as to the Battalion Chief, and promotions to said position shall not be a mandatory subject of bargaining. Promotions to this position shall be made as determined by the City in its discretion. In the event that the City eliminates the rank of Captain, this paragraph shall no longer be effective and the City agrees that it will be obligated to bargain over promotions to the rank of Battalion Chief except as follows: In the event of a change in the law as it existed on the date this Agreement is 2 signed,both parties reserve their right to dispute whether the City is obligated to bargain over Battalion Chief promotions. 4. The City agrees to execute a side letter of agreement to the 2007-2010 collective bargaining agreement with Local 439 which will provide that, effective upon its execution, paramedic,mechanic, driver and longevity stipends shall be converted to be a percentage of top base firefighter pay (Step VI). The initial conversion shall be cost neutral. A copy of the side letter of agreement is attached hereto as Exhibit 1. 5. Nothing contained in this Agreement shall be construed by either party as an admission of any wrongdoing or that a compromise of any claim or position constitutes an admission that its position was without merit. 6. Each party hereby releases the other from any and all further liability with respect to the subject matters of this Agreement except as is necessary to enforce the terms herein. 7. The parties acknowledge that this writing together with Exhibit 1 is the complete agreement. This Agreement constitutes the entire agreement between the parties, and no modifications of this Agreement shall be binding unless set forth in writing and signed by all of the parties hereto. g. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Each of the undersigned parties has read this Agreement, knows its contents, and signs it as a free and voluntary act,having had an adequate opportunity to consider its terms and conditions. The parties hereby affirm and acknowledge that they have read this Agreement,have authority to enter into the Agreement and have been advised to consult and, in fact,have consulted with an attorney prior to signing this Agreement. 3 r 10. This Agreement may be executed in any number of counterparts, each of which, when so executed shall be deemed to be an original and the counterparts shall together constitute one and the same agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth above. CITY OF ELGIN ELGIN ASSOCIATION OF FIREFIGHTERS, LOCAL#439,IAFF sy!Dated: i F 1` rin ana r er 15, 2008 l: October T, 20 8 Attested To By: Attested To By: V City Clerk DAP cap c�� 4 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF ELGIN AND LOCAL#439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS This Side Letter shall amend the provisions identified herein of the Collective Bargaining Agreement between the City of Elgin and Local # 439, International Association of Firefighters effective January 1, 2007, to December 31, 2010 (hereinafter referred to as the "Agreement"). Effective upon the date of last ratification by both of the parties hereto of this Side Letter of Agreement and the Settlement Agreement umbers S CA-06315 and S RC 06-95sthe parties hereby Illinois Labor Relations Board Case N -- agree that the Agreement shall be amended as follows: 1. Article 9 Section d is hereby amended in its entirety to provide as follows: "Section d Longevity PU. Employees with continuous service in the City in a position covered by this Agreement shall receive annual longevity pa in accordance with the following schedule: Effective July 1, 2008 Years of Continuous Service Amount of Longevity Pay 10 years but less than 15 years 1.13%of Step VI of the yearly salary for the Firefighter Position 15 years but less than 20 years 1.7% of Step VI of the yearly salary for the Firefighter Position 20 years or more 2.25% of Step VI of the yearly salary for the Firefighter Position Effective January 1, 2009 Years of Continuous Service Amount of Lon(levity Pay 10 years but less than 15 years 1.56% of Step VI of the yearly salary for the Firefighter Position EXHIBIT I 15 years but less than 20 years 2.10% of Step VI of the yearly salary for the Firefighter Position 20 years or more 2.64% of step VI of the yearly salary for the Firefighter Position Effective July 1, 2009 Years of Continuous Service Amount of Longevity PE 10 years but less than 15 years 1.55% of Step VI of the yearly salary for the Firefighter Position 15 years but less than 20 years 2.08% of Step VI of the yearly salary for the Firefighter Position 20 years or more 2.62% of Step VI of the yearly salary for the Firefighter Position Effective January 1, 2010 Years of Continuous Service Amount of Longevity Pay 10 years but less than 15 years 1.48% of Step VI of the yearly salary for the Firefighter Position 15 years but less than 20 years 2.00% of Step VI of the yearly salary for the Firefighter Position 20 years or more 2.51% of Step VI of the yearly salary for the Firefighter Position 2 Longevity pay shall be considered as part of the employee's base salary for the purpose of computing the hourly rate of pay for overtime pay purposes." 2. Article 10 Section a is hereby amended in its entirety to provide as follows: Section a Compensation. All Firefighter/Paramedics and Lieutenant/Paramedics who are certified and assigned as Paramedics shall receive a monthly stipend as follows: Effective July 1, 2008, 0.45% of Step VI of the yearly salary for the Firefighter Position. Effective January 1, 2009, 0.43% of Step VI of the yearly salary for the Firefighter Position. Effective July 1, 2009, 0.43% of Step VI of the yearly salary for the Firefighter Position. Effective January 1, 2010, 0.41% of Step VI of the yearly salary for the Firefighter Position. 3. Article 10 Section d is hereby amended in its entirety to provide as follows: Section d Mechanic Pay. Effective July 1,2008,Mechanics covered by this contract shall receive a monthly stipend of 0.15% of Step VI of the yearly salary for the Firefighter position 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. 4. Article 10 Section e is hereby amended in its entirety to provide as follows: Section e Assigned Driver Engineer Pay. All Firefighters who are certified as Fire Apparatus Engineers and regularly assigned as drivers of engines and ladder trucks shall receive a monthly stipend in addition to their base pay as follows: Effective July 1, 2008, 0.21% of Step VI of the yearly salary for the Firefighter Position. Effective January 1, 2009, 0.20% of Step VI of the yearly salary for the Firefighter Position. Effective July 1, 2009, 0.20% of Step VI of the yearly salary for the Firefighter Position. 3 Effective January 1, 2010, 0.29% of Step VI of the yearly salary for the Firefighter Position. The remainder of the Agreement shall remain in full force and effect. CITY OF ELGIN LOCAL#439 INTERNATIONAL ASSOCIATION OF IREFIGHTERS By ' By s P esident City Ma gar Attest: Attest:. City Cler Its Secretary CICV 4