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HomeMy WebLinkAbout10-44 Resolution No. 10-44 RESOLUTION AUTHORIZING EXECUTION OF A VARIANCE AGREEMENT WITH LOCAL#439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a variance agreement on behalf of the City of Elgin with Local#439 International Association of Firefighters,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 10, 2010 Adopted: February 10, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk . VARIANCE AGREEMENT This Variance Agreement is entered into on the date set forth below by and between the City of Elgin ("City") and Local No. 439, IAFF ("Local 439") (collectively referred to as the "Parties"). WHEREAS, the City and Local 439 are parties to a collective bargaining agreement effective January 1, 2007 — December 31, 2010 (the "Collective Bargaining Agreement") WHEREAS, the City has notified Local 439 that due to the economy, it is seeking economic concessions from Local 439 bargaining unit employees; WHEREAS, Local 439, contends that it has no obligation to engage in mid-term bargaining to modify its wages, hours and other terms and conditions of employment; WHEREAS, the Parties agree that in accordance with Elgin Fire Department Policy No. 1031.01, minimum shift manning is currently thirty-six (36) including the Battalion Chief. WHEREAS, Local 439 has recognized the current state of the economy and wishes to assist the City in reducing its budget costs on a one time non-precedential basis without waiver of any of its contractual terms contained in the Agreement except as provided below; NOW, THEREFORE, the parties agree as follows: 1. This Variance Agreement is entered into on a non-precedential basis and cannot be relied on in any manner by the City or Local 439 after December 31, 2010, including, but not limited to, it being understood and agreed that the City cannot rely on the concessions made herein as precedent after December 31, 2010. The Parties hereby agree that there shall be no further concessions sought by the City from Local 439 to be effective through December 31, 2010. 2. The City shall not layoff any Local 439 bargaining unit employees through and including December 31, 2010. 3. The City will be making certain operational changes to enable it to reduce minimum shift manning from thirty-six (36) to thirty-four (34) including the Battalion Chief. The methodology for implementing such reduction of minimum shift manning from thirty-six (36) to thirty-four (34) shall be determined by the City. Local 439 agrees that for the duration of this Variance Agreement, it waives any and all rights it may have to bargain over and/or contest, and agrees it shall not request to bargain over and/or contest in any manner or forum, the reduction in minimum manning from thirty six (36) to thirty-four (34) and/or the methodology for implementing such reduction in minimum manning as determined by the City. I 4. The term of this Variance Agreement shall commence as of the date set forth below the signature lines hereof and shall terminate on December 31, 2010, whereupon this Variance Agreement shall terminate and be null and void as if it never occurred and of no further force and effect. The parties agree that at the conclusion of this Variance Agreement on December 31, 2010, the Parties shall return to the status quo ante which existed immediately prior to the entry into this Variance Agreement it being agreed and understood that the Parties shall have any and all rights they had which existed immediately prior to the entry into this Variance Agreement notwithstanding any of the provisions of this Variance Agreement and as if this Variance Agreement never occurred. Without limiting the foregoing, the return to status quo ante upon the expiration of this Variance Agreement with respect to minimum shift manning shall mean minimum shift manning returning to thirty-six (36) including the Battalion Chief and the operational changes to reduce such minimum shift manning determined by the City in paragraph 3 of this Variance Agreement shall cease. 5. The Parties agree that except as provided in this Variance Agreement that for the term of this Variance Agreement there shall be no other changes to the Parties' respective rights and obligations in the Collective Bargaining Agreement. 6. The Parties shall within seven (7) days of the execution of this Variance agreement, jointly request that the Foreign Fire Insurance Board disburse to the City of Elgin certain tax proceeds due to, and received by, the Board in the amount of One hundred thousand dollars ($100,000.00) pursuant to 65 ILCS 5/11-10-1 et seq., solely for the maintenance, use and benefit of the City of Elgin's Fire Department in order to abate a budget deficit. In the event that the Foreign Fire Insurance Board fails to disburse such monies to the City within forty-five (45) days of the entry into this Variance Agreement, the City may, at its option, terminate this Variance Agreement upon written notice to Local 439 whereupon this Variance Agreement shall be null and void and of no further force and effect. 7. Each of the parties represents that it has reviewed the terms of this Variance Agreement and by executing this document it agrees to its terms. Each of the parties whose signature appears below represents that he/she has authority to enter into this Variance Agreement. City of Elgi Local No. 439, IAFF ile-,a. .eZere/' ,L) - C - I Dated: February /0, 010 F:\Legal Dept\Agreement\IAFF Local#439\Variance Agreement-lAFF-WAC-clean-2-4-10.doc 2