HomeMy WebLinkAbout16-101 Resolution No. 16-101
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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, 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 2014-2017 and the side letters associated with the
agreement, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2016
Adopted: July 13, 2016
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
Between
CITY OF ELGIN
and
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
January 1, 2014
through
December 31, 2017
January 1,2014—December 31,2017—Final Document for Ratification
Table of Contents
Page
Article 1. Recognition and Purpose of Agreement 6
Article 2. Gender Clause 6
Article 3. Management Responsibilities 6
Article 4.Non-Interruption of Work 6
Article 5. Dues Checkoff and Fair Share 7
Article 6. Duties of Employees 8
Section a. Duties 8
Section b. Subcontracting 8
Article 7. Notice of Medical Treatment 9
Article 8. Salary Range 9
Section a. Rate Review 9
Section b. Working Out of Class 9
Section c. Rank Security 9
Article 9. Wages 10
Section a. Ranges 10
Section b. Retroactivity 13
Section c. Pension Pickup 14
Section d. Longevity Pay 14
Article 10. Firefighter/Paramedics, Lieutenant/Paramedics, Captain/Paramedics, Mechanic, and
Driver Engineer 15
Section a. Compensation 15
Section b. Opt Out Provisions if Number of EMT-P's Exceeds Number
Established by the Fire Chief 15
Section c. Mandatory Decertification 15
Section d. Mechanic Pay 16
Section e. Assigned Driver Engineer Pay 16
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January 1,2014—December 31,2017—Final Document for Ratification
Table of Contents
Page
Article 11. Hours of Work and Overtime 16
Section a. Application of This Article 16
Section b.Normal Work Period 16
Section c. Regular Overtime Pay 16
Section d. FLSA Overtime and Work Period 16
Section e. Computation of Straight Time Hourly Rate of Pay 16
Section f. Time Off Scheduling 16
Section g. Trading of Kelly Days 17
Section h. Call Back 17
Section i. Shift Transfers 17
Section j. No Pyramiding 17
Section k. Light Duty Pool 17
Section 1. Shift Hold Over 18
Section m. Shift Staffing 18
Article 12. Training 18
Section a. Mandatory Training 18
Section b. Voluntary Training 18
Section c. Assignment to 40 Hour Work Week for Training 19
Section d. Posting of Fire Service Training Opportunities 19
Article 13. Holiday Pay 19
Article 14. Vacation 20
Section a. Accrual 21
Section b. Vacation Pay 21
Section c. Increasing Vacation 21
Section d. Scheduling 21
Article 15. Sick Leave 21
Section a. Accrual 22
Section b. Disability 22
Section c. Injury or Surgery.. 22
Section d. Conversion 22
Section e. Sick Leave Incentive Recognition 23
Article 16. Group Hospitalization and Life Insurance 23
Section a. Medical Insurance(PPO) 24
Section b. Health Maintenance Organization(HMO) 24
Section c. Retiree Participation 24
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January 1,2014—December 31,2017—Final Document for Ratification
Table of Contents
Page
Section d. Life Insurance 24
Section e. Subsidized Retiree Participation 25
Section f. Health Club Membership 25
Section g. Dental Insurance 25
Section h. Section 125 Plan 25
Article 17. Uniform 25
Section a. Quartermaster System 25
Section b. Uniform Items: Initial Uniform Issue for New Employees 26
Section c. Uniform Maintenance Allowance.. 26
Article 18. Separation Pay 26
Article 19. Death of an Employee 26
Article 20. Grievance Procedure 26
Section a. Definition of Grievance 26
Section b. Grievance Procedure 27
Section c. Time Limits 28
Section d. Investigation and Discussion 28
Article 21. Discipline 28
Article 22. Access to Personnel File 30
Article 23. Safety 30
Article 24. Firemen's Disciplinary Act 31
Article 25. Drug and Alcohol Testing 31
Article 26. General Conduct 32
Article 27. Labor-Management Committee 32
Article 28. Worker's Compensation Benefits 33
Article 29. Promotions 33
Section a. General 33
Section b. Eligibility 33
Section c. Rating Factors and Weights 33
Section d. Maintenance of Promotion Lists 34
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January 1,2014—December 31,2017—Final Document for Ratification
Table of Contents
Section e. Demotions or Removals from Non-Bargaining Unit Positions 34
Article 30. Miscellaneous 35
Section a. Duty Trades 35
Section b. Meal Shopping 35
Section c. Inoculation/Immunization Shots 35
Section d. Physical Fitness Program 35
Section e.Non-City Employment 35
Section f. Residency 36
Section g. Station/Shift/Vehicle Assignment Bidding 36
Section h. Steward Transfers 37
Article 31. Entire Agreement 37
Article 32. Savings 37
Article 33. Impasse Resolution 37
Article 34. Direct Deposit 38
Article 35. Term 38
APPENDIX A- CHECKOFF 39
APPENDIX B - VARIANCES FROM STATUTORY IMPASSE PROCEDURES 40
SIDE LETTER- DRIVER ASSIGNMENTS 42
SIDE LETTER- SUBCONTRACTING 43
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January 1,2014—December 31,2017—Final Document for Ratification
Article 1. Recognition and Purpose of Agreement
This Agreement is made by and between the City of Elgin (herein called "City") and
Local #439, I.A.F.F. (herein called "Association") for and on behalf of all full-time Firefighters,
Fire Lieutenants and Captains employed by the City. Each employee represented by the
Association will receive a copy of this Agreement.
The City recognizes the Association as the sole and exclusive bargaining representative
for all full-time employees holding the official rank of Firefighter, Fire Lieutenant and Captain.
It is the intent and purpose of this Agreement to set forth the parties' entire agreement
with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of
employment that will be in effect during the term of this Agreement for employees covered by
this Agreement; to prevent interruptions of work and interference with the operations of the City;
to encourage and improve efficiency and productivity; and to provide procedures for the prompt
and peaceful adjustment of grievances as provided herein.
Article 2. Gender Clause
The use of the masculine pronoun throughout this Agreement has been adopted by the
parties for clerical convenience and shall in all instances include the feminine gender as well as
the masculine.
Article 3. Management Responsibilities
The City shall retain the sole right and authority to operate and direct the affairs of the
City and the Fire Department in all its various aspects, including,but not limited to, all rights and
authority exercised by the City prior to the execution of this Agreement, except as modified in
this Agreement. Among the rights retained are the City's right to make and implement decisions
to determine its mission and set standards of service offered to the public; to direct the working
forces; to assign overtime, to plan, direct, control and determine the operations or services to be
conducted in or at the Fire Department or by employees of the City; to assign and transfer
employees within the Fire Department; to hire, promote or demote, or to lay off employees due
to lack of work or for other legitimate reasons; to suspend, discipline or discharge for just cause;
to make, modify and enforce reasonable rules, regulations, policies and orders concerning any
aspect of the operations of the department, including rules, regulations, policies and orders that
affect the conditions under which employees covered by this Agreement work; to change
methods, equipment, or facilities; provided, however, that the exercise of any of the above rights
shall not conflict with any of the specific provisions of this Agreement. Any matters within the
jurisdiction of the Elgin Board of Fire and Police Commissioners shall not be affected by the
terms of this paragraph nor shall this paragraph be deemed to limit the authority or jurisdiction of
said Board in any way.
Article 4. Non-Interruption of Work
The Association, its officers and agents, and the employees covered by this Agreement
agree not to instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted
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January 1,2014-December 31,2017-Final Document for Ratification
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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.
Accordingly, the Union agrees to do the following:
1. Give timely notice to fair share fee payors of the amount of the fee and an explanation of
the basis for the fee, including the major categories of expenses, as well as verification of
same by an independent auditor.
2. Advise fair share fee payors of an expeditious and impartial decision making process
whereby fair share fee payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any
objections raised by fair share fee payors to the amount of the fair share fee.
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January 1,2014—December 31,2017—Final Document for Ratification
It is specifically agreed that any dispute concerning the amount of the fair share fee
and/or the responsibilities of the Union with respect to fair share fee payors as set forth above
shall not be subject to the grievance and arbitration procedure set forth in this Agreement.
Non-members who object to this fair share fee based upon bona fide religious tenets or
teachings shall pay an amount equal to such fair share fee to a non-religious charitable
organization mutually agreed upon by the employee and the Union. If the affected non-member
and the Union are unable to reach agreement on the organization, the organization shall be
selected by the affected non-member from an approved list of charitable organizations
established by the Illinois State Labor Relations Board and the payment shall be made to said
organization.
Fair Representation. The Union recognizes its responsibility as bargaining agent, and agrees to
fairly represent all employees in the bargaining unit, whether or not they are members of the
Union. The Union further agrees to indemnify, defend and hold harmless the City and its
officials, representatives and agents from any and all claims, demands, suits, or other forms of
liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of
the Union to fulfill its duty of fair representation.
Indemnification. The Union shall indemnify and hold harmless the City, its elected
representatives, officers, administrators, agents and employees from and against any and all
claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise)
that rise out of or by reason of any action taken or not taken by the City for the purpose of
complying with the provisions of this Article, or in reliance on any written checkoff
authorization, affidavit, or list furnished under any of such provisions.
Article 6. Duties of Employees
Section a. Duties. Employees covered by the terms of this Agreement shall be required to
perform those duties assigned to them as described in the applicable position description;
provided, however, no bargaining unit employee shall be required to engage in work amounting
to personal servitude for another employee, e.g., making beds and washing dishes. If the City
revises any job description for employees covered by this Agreement or issues any new job
description for employees covered by this Agreement, the City will provide the Union with a
copy of any such revised or new job description. The Union may request that any new or revised
job description be placed on the agenda of the next meeting of the Labor Management
Committee.
Section b. Subcontracting. The City reserves the right to contract out any work it deems
necessary in the interest of efficiency and economy, and in emergency situations. No employee
shall be laid off as a result of any decision by the City to subcontract any work performed by
employees covered by this Agreement.
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January 1,2014—December 31,2017—Final Document for Ratification
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.
The beginning Captain will start in a salary range as reflected in Article 9, which shall be
one (1) full step above the maximum pay step of the Lieutenant'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, or c) the top step of the
Fire Captain's salary range and the next full step of the Battalion Chief's salary range when a
Captain is so assigned, not to exceed maximum Battalion Chief pay.
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.
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January 1,2014—December 31,2017—Final Document for Ratification
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Article 9. Wages
Section a. Ranges. Effective January 1, 2014 the monthly and yearly salary ranges for
employees covered by this Agreement shall be:
Position I II III IV V VI VII
Firefighter $5,199 $5,541 $5,889 $6,238 $6,583 $6,929 n/a
$62,385 $66,492 $70,659 $74,858 $78,996 $83,148 n/a
Lieutenant $7,468 $7,801 $8,123 n/a
$89,622 $93,622 $97,469 n/a
Captain $8,847 $9,289 $9,753 $10,241
$106,156 $111,464 $117,038 $122,889
The foregoing base monthly and yearly salary ranges for 2014 for the ranks of Firefighter,
Lieutenant and Captain reflect an across-the-board increase of two and one-half percent(2.5%).
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January 1,2014—December 31,2017—Final Document for Ratification
Effective January 1, 2015, the monthly and yearly salary ranges for employees covered by this
Agreement shall be:
Position I II III IV V VI VII
Firefighter $5,329 $5,680 $6,036 $6,394 $6,747 $7,102 n/a
$63,944 $68,154 $72,426 $76,729 $80,971 $85,227 n/a
Lieutenant $7,655 $7,996 $8,326 n/a
$91,862 $95,963 $99,906 n/a
Captain $9,068 $9,521 $9,997 $10,497
$108,810 $114,250 $119,964 $125,962
The foregoing base monthly and yearly salary ranges for 2015 for the ranks of Firefighter,
Lieutenant and Captain reflect an across-the-board increase of two and one-half percent(2.5%).
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January 1,2014—December 31,2017—Final Document for Ratification
Effective January 1, 2016, the monthly and yearly salary ranges for employees covered by this
Agreement shall be:
Position I II III IV V VI VII
Firefighter $5,462 $5,822 $6,187 $6,554 $6,916 $7,280 n/a
$65,543 $69,858 $74,237 $78,647 $82,995 $87,357 n/a
Lieutenant $7,846 $8,196 $8,534 n/a
$94,159 $98,362 $102,404 n/a
Captain $9,295 $9,759 $10,247 $10,759
$111,530 $117,106 $122,963 $129,111
The foregoing base monthly and yearly salary ranges for 2016 for the ranks of Firefighter,
Lieutenant and Captain reflect an across-the-board increase of two and one-half percent(2.5%).
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January 1,2014-December 31,2017-Final Document for Ratification
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Effective January 1, 2017, the monthly and yearly salary ranges for employees covered by this
Agreement shall be:
Position I II III IV V VI VII
Firefighter $5,599 $5,967 $6,341 $6,718 $7,089 $7,462 n/a
$67,181 $71,604 $76,092 $80,614 $85,070 $89,541 n/a
Lieutenant $8,042 $8,401 $8,748 n/a
$96,513 $100,821 $104,964 n/a
Captain $9,527 $10,003 $10,503 $11,028
$114,319 $120,034 $126,037 $132,338
The foregoing base monthly and yearly salary ranges for 2017 for the ranks of Firefighter,
Lieutenant and Captain reflect an across-the-board increase of two and one-half percent(2.5%).
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.
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 execution of the
Agreement, unless the parties agree to a different date. 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 hours actually worked since January 1,
2014 including all hours of paid leave, holiday, additional pay or overtime hours between
January 1, 2014 and a date no later than sixty (60) days following the date of the execution of the
Agreement,unless the parties agree to a different date.
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January 1,2014-December 31,2017-Final Document for Ratification
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Section c. Pension Pickup. The City agrees to pickup the employee's required pension
contribution out of the employee's compensation and remit same to the Elgin Firemen's Pension
Fund. The parties agree that the "pickup" of employees' required pension contributions
represents an accounting procedure whereby employee pension contributions are treated as a
form of deferred compensation, thereby tax sheltering such pension contributions until such time
as pension payments are received. The provisions of this Section are subject to applicable
Internal Revenue Service provisions governing same.
The City shall through May 31, 2010, maintain for Captains the existing ICMA 401(a)
Plan. The City shall through May 31, 2010, contribute 4% of the Captain's regular pay for each
Captain employee contributing 2% to the City's Deferred Compensation Program pursuant to
Section 401(a) of the Internal Revenue Code. Effective May 31, 2010, the ICMA 401(a) Plan
will be terminated and thereby all future payments by the City and retirement benefit accruals
(equal to the annual four percent (4%) of earnings) will cease. Notwithstanding anything else to
the contrary in this Addendum or in the 2007-2010 Agreement, Captains shall not receive the
ongoing four percent (4%) longevity pay to be paid by the City in lieu of the 401(a) Plan to
certain non-bargaining unit employees.
Starting June 1, 2010, the Plan will begin to be wound down and Captains can commence
filing their distribution request paperwork to either take a distribution from the Plan or rollover
the Plan account to another qualified eligible retirement plan or qualified Individual Retirement
Account (IRA). Any such distribution or rollover shall be subject to all applicable requirements
and limitations of law, including, but not limited to, all applicable Internal Revenue Service
requirements and regulations. The parties acknowledge that the Captains are fully vested in the
Plan benefit as of June 1, 2010, and their Plan benefit accrued through June 1, 2010, shall not be
decreased.
Section d. Longevity Pay. Effective January 1, 2014, 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 2.0% of Step VI of the yearly salary for the
Firefighter position
15 years but less than 20 years 2.5% of Step VI of the yearly salary for the
Firefighter position
20 years or more 3.0% of Step VI of the yearly salary for the
Firefighter position
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.
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January 1,2014—December 31,2017—Final Document for Ratification
Article 10. Firefighter/Paramedics,Lieutenant/Paramedics, Captain/Paramedics,
Mechanic, and Driver Engineer
Section a. Compensation. All Firefighter/Paramedics, Lieutenant/Paramedics and
Captain/Paramedics who are certified and assigned as Paramedics shall receive a monthly
stipend of 0.41% of Step VI of the yearly salary for the Firefighter Position.
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:
(1) Employees shall notify the Fire Chief in writing of their desire to decertify or assume
inactive status.
(2) If the number of employees who request to decertify or assume inactive status would
result in the number of paramedics dropping below the number established by the Fire
Chief, first preference shall be given to employees who have a valid medical reason for
requesting decertification or assumption of inactive status, and second preference shall be
given to Firefighter/Paramedics who have the greatest period of service as a paramedic in
the Elgin Fire Department. 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
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January 1,2014—December 31,2017—Final Document for Ratification
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.
Section d. Mechanic Pay. 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.
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 of 0.29% of Step VI of the yearly salary for the Firefighter
Position.
Article 11. Hours of Work and Overtime
Section a. Application of this Article. This Article is intended to define the normal hours of
work and provide the basis for the calculation and payment of overtime and shall not be
construed as a guarantee of hours of work per day or per week, or guarantee of days of work per
week.
Section b. Normal Work Period. The normal hours of work shall be 24 consecutive hours of
duty starting at 7:00 a.m. and ending the following 7:00 a.m., followed by 48 consecutive hours
off duty. A Kelly Day (i.e., what would otherwise be a 24 hour duty day) shall be scheduled off
every ninth duty day, thereby reducing the normal work week to an average of 50.15 hours.
Section c. Regular Overtime Pay. Employees covered by this Agreement shall be paid one and
one-half times their regular straight time hourly rate of pay for all hours worked in excess of the
normal 24 hour work shift.
Section d. FLSA Overtime and Work Period. The work period for FLSA purposes shall be 28
consecutive days. An employee, in addition to regular compensation, shall be paid one-half(1/2)
times his 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 notwithstanding, at no time
will more than five (5) lieutenants be scheduled off at the same time on a combination of
vacation, Kelly Day, Kelly Trade, duty trade or sick time conversion. In addition, no more than
one (1) captain (two (2) captains if a battalion chief is on duty for the shift)may be scheduled off
at the same time on a combination of vacation, Kelly Day, Kelly Trade, duty trade or sick time
conversion. This restriction shall not apply to sick leave or worker's compensation.
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January 1,2014—December 31,2017—Final Document for Ratification
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.
The City shall comply with the Illinois Law regarding the transfer of a pregnant firefighter to a
less strenuous or hazardous position in accordance with 775 ILCS 5/2-102(I) and (J).
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.
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January 1,2014—December 31,2017—Final Document for Ratification
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 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.
Section m. Shift Staffing. The Fire Chief shall determine the number of personnel on each shift
necessary to provide the level of fire and EMS protection to City residents deemed necessary and
appropriate by the Mayor and City Council. Before any changes in the number of personnel on
each shift necessary to provide such level of protection are made by the Fire Chief and/or the
City, which such changes shall not be arbitrary and/or capricious, the City shall provide thirty
(30) days' written notice to the Union setting forth the reason(s) for the changes(s) and the Union
shall be given thirty (30) days from such notice to provide its input to the Fire Chief. No such
changes shall be made until such time as this procedure has been complied with. The notice
procedure in this section shall not apply to temporary changes in shift staffing which are
necessary to meet temporary demonstrated operational needs of the Fire department or which are
based upon unforeseen emergency circumstances including, but not limited to, equipment
deficiencies and/or facility outages.
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 III certification (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 select 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 duty.
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.
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January 1,2014—December 31,2017—Final Document for Ratification
' -.6.'sf)
College level course work that an employee may volunteer to attend in agreement with the Fire
Chief prior to attendance will be considered under the City of Elgin's current tuition
reimbursement policy.
Section c. Assignment to 40 Hour Work Week for Training. For 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 a week or longer
while assigned to a 40 hour work week for training, then the employee will be guaranteed at least
one (1) calendar day off prior to returning to his regular shift assignment. Example - If an
employee returns home Friday afternoon, he would receive either the rest of his shift off on
Friday or an entire shift day off Saturday before returning to his regular shift.
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 Christmas Eve and Christmas Day shall be distributed among the three 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.
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January 1,2014—December 31,2017—Final Document for Ratification
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.
Holiday pay for 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, 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 January 1 (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.
Article 14. Vacation
Employees covered by this Agreement, with the exception of Captains, shall be eligible for paid
vacation as follows:
Years of Continuous Service Vacation Time Off
From the completion of one(1) year to the Five (5) shifts
seventh(7th)anniversary date
After seven(7)years to the fourteenth (14th) Seven(7) shifts
anniversary date
After fourteen(14)years to the twenty-second Ten(10) shifts
(22nd) anniversary date
After twenty-two (22) years and over Twelve(12) shifts
Captains shall be eligible for paid vacation as follows:
Years of Continuous Service Vacation Time Off
From the completion of one(1) year through Two (2) weeks
five(5) years
From six(6)years through eleven(11) years Three(3) weeks
From twelve(12)years through twenty-one Four(4) weeks
(21)years
After twenty-two (22) years and over Five (5) weeks
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January 1,2014—December 31,2017—Final Document for Ratification
The employee's anniversary date of employment from the last day of hire as a full-time
employee shall be the basis of determining length of continuous service.
Section a. Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is
paid for all his scheduled hours of work inclusive of vacation, sick leave, 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.
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.
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January 1,2014-December 31,2017-Final Document for Ratification
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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.
In addition to the above, employees shall have placed on account, when promoted to the
rank of Captain, fifteen(15)days in twelve hour increments.
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; 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 sick leave, employees may convert
accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall
be at the rate of three (3) 12-hour days of sick leave for one (1) 12-hour period of vacation or one
(1) 12-hour period of severance pay.
(1) Vacation leave conversion requires an accumulation of sick leave of over 60
accrued sick days which is the equivalent of 720 hours of sick leave. Such
conversion is limited to a maximum of 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 of sick leave of over 90 accrued sick
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January 1,2014—December 31,2017—Final Document for Ratification
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 not total less than the required base
accumulations of 60 or 90 twelve(12)hour sick days.
Section e. Sick Leave Incentive Recognition. In recognition of the non-use of sick leave, all
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.
The deductible amounts are $200 and $600 for employee and dependent coverage, respectively,
and major medical coverage is $5,000,000.
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January 1,2014—December 31,2017—Final Document for Ratification
Pr)
Section a. Medical Insurance (PPO)
• For employees hired prior to July 1, 2012, the City will pay eighty-eight percent (88%) 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 twelve percent (12%) of the
specified premium.
• For employees hired on or after July 1, 2012, the City shall pay eighty percent (80%) 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 twenty percent (20%) of the
specified premium.
Section b. Health Maintenance Organization(HMO)
• For employees hired prior to July 1, 2012, the City will pay eighty-eight percent (88%) 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 twelve percent (12%) of the
specified premium.
• For employees hired on or after July 1, 2012, the City shall pay eighty percent (80%) 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 twenty percent (20%) 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 basis or through a
monthly pension deduction. Participation may continue according to law or until the
discontinuation of the required payments.
Section d. Life Insurance. The City shall provide each employee covered by this Agreement,
with the exception of Captains, who has been employed full-time for thirty (30) days or more,
with a $50,000 group term life insurance policy (including accidental death and
dismemberment). The City shall provide each Captain with a life insurance policy in an amount
equal to the nearest $1,000 of the Captain's annual base salary.
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.
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January 1,2014—December 31,2017—Final Document for Ratification
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Section e. Subsidized Retiree Participation. Notwithstanding anything to the contrary in
Ordinance G70-02, as amended, employees hired on or after July 1, 2012, shall not be eligible
for any retiree premium subsidy for the City's group health insurance plan pursuant to Ordinance
G70-02, as amended, or otherwise.
Section f. Health Club Membership. Notwithstanding any prior City ordinances to the contrary,
the City shall agree to provide a health club membership benefit, applicable only at The Centre
of Elgin, for all bargaining unit employees. The value of such membership shall be equal in
amount to what is currently defined as the silver membership level. Should the City, during the
term of this Agreement, increase the cost of such silver membership, or its equivalent, the
amount of benefit per covered bargaining unit member shall increase accordingly. The health
club membership benefit provided in this section shall be the only health club membership
benefit provided by the City to bargaining unit employees.
Section g. 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 h. 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.
Article 17. Uniform
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.
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January 1,2014—December 31,2017—Final Document for Ratification
E0-°)
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).
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 three (3) of the grievance
procedure.
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January 1,2014—December 31,2017—Final Document for Ratification
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 Assistant Chief. The aggrieved employee, within seven(7) calendar
days following the occurrence of the first event giving rise to the grievance,
shall file with the Assistant Chief a grievance signed by the employee on a
form provided by the City setting forth the complete facts on which it is based,
the specific contract provision(s) allegedly violated and the relief sought. The
Assistant Chief, or his designee, shall give a written answer within seven (7)
calendar days after receipt of the written grievance.
Step 2: Appeal to Chief. If the grievance is not settled in Step 1, and the aggrieved
employee and the Association decide to appeal, the Association shall, within
seven (7) calendar days from receipt of the Step 1 answer, file with the Chief
an appeal signed by the aggrieved employee and the appropriate Association
representative. The Association representative (not to exceed two) and the
chief, or his designee, will discuss the grievance at a mutually agreeable time.
If no agreement is reached in such a discussion, the Chief, or his designee, will
give his answer in writing within seven(7) calendar days of the discussion.
Step 3: Appeal to City Manager. If the grievance is not settled in Step 2 and the
Association decides to appeal the Association shall, within seven (7) calendar
days after receipt of the Step 2 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 4: 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 3. 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. In the case
of interest arbitration, the panel members shall also have experience in interest
arbitration. 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
Association representatives. The arbitrator shall have no authority to amend,
modify, nullify, ignore, add to, or subtract from the provisions of this
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January 1,2014—December 31,2017—Final Document for Ratification
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.
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.
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January 1,2014—December 31,2017—Final Document for Ratification
3. Any Employee found to be unjustly suspended or discharged 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 investigations 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
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.
A disciplinary order will not be redundant in nature by restating the same violation under
multiple rule sections. For the purposes of example and clarification, if an employee is
charged with violations of various rules and regulations including for example
insubordination, citing both the relevant section in the City of Elgin employee manual for
insubordination and the relevant section under the Fire Department Operational Directive
for insubordination, the resulting disciplinary order will identify the violations of various
rules and regulations and the violation for insubordination but will cite either the section
from the City of Elgin employee manual for insubordination or the section from the Fire
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January 1,2014—December 31,2017—Final Document for Ratification
9e—f-))
Department Operational Directive for insubordination, but not both sections for
insubordination.
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 a response to any such adverse material. An employee may request that a
copy of any of the non-confidential documents in his personnel file be copied. If such a request
is made, the employee shall reimburse the City for the reasonable cost of copying any such
documents (not to exceed the charges the City assesses for Freedom of Information Act
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
writing his response to the report and recommendations. Matters subject to review by the
Accident Review Board shall not be subject to review by the Safety Committee for the purpose
of determining cause or disciplinary action.
Any conclusions/recommendations (as opposed to facts) contained in a Safety Committee
report shall not be used in any disciplinary proceeding.
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January 1,2014—December 31,2017—Final Document for Ratification
If both the City and Union members of the Safety Committee mutually agree that a
seminar or training opportunity within 350 miles of Elgin would be beneficial in carrying out the
duties of the Safety Committee, the City shall reimburse each Union member of the Safety
Committee up to $250 per year for the cost of tuition and/or expenses to attend such seminar or
training opportunity.
Article 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 Chief s
discretion; or (c) to the extent required by any level of EMT school 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 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.
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January 1,2014—December 31,2017—Final Document for Ratification
Use of prescribed 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 Statutes, 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 the effective date of any written changes made in the written personnel rules and
regulations of the City of Elgin or the written rules and regulations excluding standard operating
procedures and codes of the Elgin Fire Department, the Association will receive a five (5) day
written notice.
Article 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 additions to this Agreement.
Absent circumstances where it would not be reasonably practicable, the Fire Chief or his
designee will review at a Labor-Management Committee meeting any substantive changes or
modifications to the Department's rules, regulations or policies of general application prior to the
implementation of same.
Nothing contained herein shall preclude the Union President from meeting directly with
the City Manager.
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January 1,2014—December 31,2017—Final Document for Ratification
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 Department Promotion Act, 50 ILCS
742/1 et seq., as amended (hereinafter referred to as the "Act"), shall be made in accordance with
the provisions of the Act except as expressly modified by the terms 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 Depaitinent. For the purpose of this provision, anniversaries of
service shall be calculated as of the date of the written examination. Any employee who does
not complete any portion of the promotional process will be excluded from the remainder of the
promotional process.
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.
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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 (or provisional) 25 Fire Officer II (or provisional) 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 60 (to be added to Associate Degree or 60
hour points) 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.
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 Fire 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
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January 1,2014—December 31,2017—Final Document for Ratification
employee 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 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
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January 1,2014—December 31,2017—Final Document for Ratification
medical insurance, life insurance and pension disability benefits will be
determined by the respective carrier or agency.
(b) Such non-city employment shall not be incompatible or create a conflict of
interest with City duties.
(c) Private business, non-city employment or activity shall not be performed or
entered into during working hours or in City offices,buildings and facilities.
(d) Employees covered by this Agreement shall file, and keep current with the Fire
Chief, a secondary employment form.
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.
After the bi-annual Lieutenant picks are completed, Firefighters with twenty(20) or more
years of service with the Elgin Fire Department shall then have an opportunity to pick their
Assignments on the same bi-annual schedule following the bi-annual Lieutenant picks. The
procedure for such bidding shall be by seniority based on the date of original appointment for
Firefighters,with each such employee 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 all Assignments will be determined by the Fire Chief based upon the
bids as submitted by the Lieutenants and the eligible Firefighters 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 or other employees who have been assigned
pursuant to the procedure 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 positions that occur outside of the aforementioned
bi-annual bidding period shall be determined exclusively by the Fire Chief.
January 1st of the year a schedule is to become effective shall be the date used to
determine whether a Firefighter has twenty (20) or more years of service with the Elgin Fire
Department for purposes of this section.
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January 1,2014—December 31,2017—Final Document for Ratification
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 prior practices and agreements, whether
written or oral, unless expressly stated to the contrary herein, constitutes the complete and entire
agreement between the parties, and concludes collective bargaining for its term unless otherwise
expressly provided herein.
The City and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter referred to or covered in this Agreement. 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. This paragraph also does not
waive the Union's right to impact/effects bargaining.
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.
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.
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January 1,2014—December 31,2017—Final Document for Ratification
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, 2014 and shall remain in
full force and effect until the 31st day of December, 2017. 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 26th day of July , 2016.
FOR THE CITY,
Atte By:
City Cle City Mana r
FOR THE ASSOCIATION,
� f
Attest: By:
Prdsident
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January 1,2014—December 31,2017—Final Document for Ratification
APPENDIX A
Checkoff
The Union will supply all the necessary papers for checkoff upon mutual agreement
between the Employer and the Union.
The Employer shall check off union dues on presentation of checkoff authorization cards,
voluntarily and individually authorized, from employees in accordance with law. The Employer
will then deduct such dues in the amount certified to the Employer by the Secretary or Treasurer
of the Local Union, and send to the Local Union their respective shares as certified by the
Secretary or Treasurer of the Local Union.
In the event a non-union employee shall not voluntarily sign a checkoff, then in that
event, an involuntary checkoff of a service charge not to exceed the amount of union dues shall
be made by the City upon the written direction of the Union.
New employees may voluntarily sign checkoff authorization and application blanks upon
receiving employment. The Employer shall then process each new employee in accordance with
this Article. The Local Union shall supply the Employer with all such necessary forms.
However, nothing in this paragraph shall supersede any existing ordinance and/or statute as
pertains to the rights of the City to place new employees on an eighteen(18) month probationary
status.
There shall be one copy of the checkoff sheet sent to the Local No. 439. All money so
deducted shall be paid bi-weekly on payroll days (the Friday immediately following the payroll
period). The employee request forms shall be as follows:
"PAYROLL DEDUCTION AUTHORIZATION"
By
Last Name First Name Middle Name
TO: The City of Elgin- Human Resources Dept.
Effective:
I hereby request and authorize you to deduct bi-
weekly from my earnings union dues or service
charge equal to 1.75% of top Firefighter pay. This
amount deducted shall be paid to the Elgin
Association of Firefighters, Local 439.
Signed:
Address:
39
P3rrn
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:
(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 declaratory 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.
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January 1,2014—December 31,2017—Final Document for Ratification
c2?-r(-)
d) Conduct of Hearings. The parties agree that 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.
January 1,2014—December 31,2017—Final Document for Ratification
41
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, 2014 to December 31, 2017.
The procedure for making driver assignments shall be as follows:
MINIMUM QUALIFICATIONS:
All drivers shall be (a) non-probationary firefighters; (b) certified fire apparatus engineers; and
(c) if employed after September 1, 2006, shall have completed the Elgin Fire Department Initial
Driver Training Program.
PROCEDURE:
Applicants may submit requests from any shift. Company officers are required to notify their
personnel of new, regular driver assignment opportunities. Applicants are required to notify
their officer and submit a letter of interest to their Battalion Chief by the designated due date
provided in the announcement. The Chief considers seniority within the Elgin Fire Department
as a significant factor in making assignments, among well qualified applicants. Depending on
operational needs in making assignments to an ambulance/ladder truck, paramedic certification
may also be required by the Chief.
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 Elgin
Local#439
By: V (,i 7 BY: /(.�//-
Date: 1 ( 2S 120((Q Date: 7
January 1,2014—December 31,2017—Final Document for Ratification
42
SIDE LETTER BETWEEN THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL#439
AND THE CITY OF ELGIN
Notwithstanding the subcontracting provision of the parties' 2014-2017 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: 6-‘4-\ By:
Date: � 2 S 20/10 Date: 1,46
January 1,2014—December 31,2017—Final Document for Ratification
43
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