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78-0414 EPD AGREEMENT Between CITY OF ELGIN And UNIT #54 POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1978 - 1979 TABLE OF CONTENTS PAGE Preamble 1 Item 1. Recognition 1 Item 2. Management Responsibilities 1 Item 3. Non-Interruption of Work 2 Item 4. Wages 2 Item 5 . Hours of Work and Overtime 4 Item 6. Life Insurance 5 Item 7. Holidays 5 Item 8. Uniform Allowance 7 Item 9 . Vacations 7 Item 10 . Sick Leave 8 Item 11. Separation Pay 10 Item 12. Death of an Employee 10 Item 13 . Group Hospitalization and Major Medical 10 Insurance Item 14. Grievance Procedure 11 Item 15 . Entire Agreement 14 Item 16. Savings 14 Item 17. Board of Fire & Police Commissioners 15 Item 18. Term 15 AGREEMENT This Agreement is made by and between the City of Elgin (herein called "City" ) and Unit #54 Policemen' s Benevolent and Protective Association (herein called "Association" ) for and on behalf of all full-time police patrol officers employed by the City, and sets forth the wages, hours, and other terms and conditions of employment for the period January 1, 1978 through December 29, 1979. Each employee represented by the Association will receive a copy of this Agreement. Item 1. Recognition The City recognizes the Association as the sole and exclusive bargaining representative for all full-time employees holding the official rank of Police Patrol Officer and for the purpose of negotiating wages, hours and other terms and conditions of employment. Item 2. Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and the Police Department in all of 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 is the City' s right 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 Police Department or by employees of the City; to assign and transfer employees within the Police Department; to hire, promote, demote, suspend, discipline, or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce rules and regulations; 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. - 2 - Item 3. Non-Interruption of Work The Association, its officers and agents, and the employees covered by this Agreement, agree not to instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work, or for any other action which results in 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; however, this provision shall not apply to a reduction in the work force or layoffs. Item 4. Wages The beginning police patrol officer shall start at step one of the salary range set forth below. He/she will be eligible to advance to step two of the police patrol officer salary range after six (6) months employment and will be eligible to advance to further steps in said salary range at twelve (12) month increments thereafter until reach- ing the range maximum. Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, the monthly and yearly salary ranges for em- ployees covered by this Agreement and who are on the payroll on the date this Agreement is ratified by both parties shall be: I II III IV V VI 1, 200 1, 235 1, 290 1, 350 1 ,420 1, 500 14, 400 14, 820 15 , 480 16 , 200 17, 040 18 , 000 Effective July 2, 1978, employees covered by this Agree- ment shall receive a one and four-tenths percent (1. 4%) salary increase which shall be computed on the base ranges set forth above. This shall be in lieu of any provision providing for a possible cost of living increase effective July 2, 1978. - 3 - Effective December 31 , 1978, employees covered by this Agreement shall receive a five and one-half percent (5- 1/2%) salary increase which shall be computed on the previous base ranges of July 2, 1978. Effective July 1 , 1979 , employees covered by this Agree- ment shall receive a one percent (1%) salary increase which shall be computed on the previous base ranges of December 31 , 1978 . In addition to the salary increases provided above to take effect on December 31, 1978 and July 1 , 1979 , employees covered by this Agreement will be eligible for an additional salary increase to be added to the base ranges effective July 1 , 1979 if the Consumer Price Index for Urban Wage Earners $ Clerical Workers - Chicago, All items (1967=100 , revised) (herein called "CPI") for the month of May, 1979 (as made available in June , 1979) has increased one-half of one percent (1/2%) or more above six and one-half percent (6-1/2%) over the preceding CPI for the month of May, 1978 . The cost of living increase shall be calculated on the following basis : For each full one-half of one percent (1/2%) increase in the CPI between May, 1978 and May, 1979 above six and one-half percent (6-1/2%) there shall be a salary increase calculated by multiplying each full one-half of one percent (1/2%) increase by . 8 . Example : If the CPI increases 8. 1 percent (1. 6 percent over the 6 . 5 percent stated above) between May, 1978 and May, 1979 , the salary increase would be determined by multiplying 1. 5 percent by . 8 for a 1. 2 percent salary increase. 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. A decline in the Consumer Price Index during the adjustment period will not result in a reduction of the existing base pay rate on the effective adjustment date. Any police patrol officer designated at the discretion of the Police Chief as a senior patrol officer shall be paid no less than an additional $60 per month above his/her step on the monthly salary schedule for the period of time so designated. Any police patrol officer designated at the discretion of the Police Chief as an administrative patrol officer shall be paid no less than an additional $ 30 per month above his/her step on the monthly salary schedule for the period of time so designated. - 4 - Employees covered by this Agreement who are still on the active payroll the beginning of the next payroll period imme- diately following the ratification of this Agreement by both parties shall receive a retroactive payment which shall be made on the basis of the difference between the pay ranges existing immediately before January 1 , 1978 and the above agreed upon salary ranges for all payroll periods between January 1 , 1978 and said payroll period. For the purpose of application of the retroactivity provision, no increased ad- justments shall be made for any additional holiday pay or over- time hours worked between January 1 , 1978 and said payroll period. Item 5 . 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 guarantee of hours of work per day or per week, or guarantee of days of work per week. Section b . Normal Workweek. For shift employees the normal work period shall not exceed fourteen (14) days and the normal work hours shall be based on a forty-one and one- quarter (41-1/4) hour average workweek. For non-shift em- ployees the normal work period shall not exceed fourteen (14) days and the normal work hours shall be based on a forty (40) hour average workweek. Section c. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half times their straight- time hourly rate of pay based on a forty-one and one-quarter (41-1/4) hour average workweek for all time in excess of twenty (20) minutes following the regularly scheduled workday or for court calls during non-scheduled work periods , except for training hours which shall be compensated at the employee ' s straight-time hourly rate of pay based on a forty-one and one-quarter (41-1/4) hour average workweek. Section d. Court Standb . Employees covered by this Agreement s al receive ', 25. 00 per day when they are on court standby or their actual pay for time required to be in court , whichever is greater. Section e . Callouts . An employee called back to work (including court calls in other than a court standby situa- tion) while off duty after having completed his/her assigned - 5 - work shall receive a minimum of two (2) hours compensation, or his/her actual time, whichever is greater, at one and one-half times the employee' s straight-time hourly rate of pay. This section shall not apply to holdovers . Section f. Biweekly Pay. The City shall continue its current practice relating to paying employees biweekly, i.e. , once every two weeks; provided that if the City determines that changes are necessary, any such changes shall be reviewed with the Association prior to implementation. Section g. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Item 6. Life Insurance At the beginning of the payroll period immediately following the ratification of this Agreement by both parties, the City shall provide each employee covered by this Agree- ment who has been employed full-time for thirty (30) days or more with a paid $7, 500 term life insurance policy (including accidental death and dismemberment) . Effective December 31, 1978 , the City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more with a paid $9, 000 term life insurance policy (including accidental death and dismemberment) . Item 7. Holidays The employees covered by this Agreement shall have the following ten (10) days considered as holidays: New Year ' s Day; Easter Sunday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran' s Day; Thanksgiving Day; the afternoon four (4) hours on Christmas Eve; Christmas Day; and the after- noon four (4) hours on New Year' s Eve. Section a. Observance. The standard observance of recognized holidays will be on the day they occur. However, for employees working a forty (40) hour week, Monday through Friday except as provided in Section b below: when a holiday falls on a Sunday, the following Monday shall be observed as the holiday; or when a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. - 6 - Section b. Christmas and New Year' s Eve. In order to implement the one-half (1/2) day holiday on Christmas Eve (December 24) and New Year' s Eve (December 31) , non-shift employees shall be entitled to the following holiday pro- vision depending on the day of the week on which Christmas Eve and New Year' s Eve falls : Day on Which Eves Fall Provision Monday the full day before Christmas (December 24) Tuesday, Wednesday and one-half (1/2) day on both Thursday Christmas Eve and New Year' s Eve Friday, Saturday and one (1) floating holiday to be Sunday taken between Thanksgiving Day and January 31st. Section c. Remuneration. All eligible employees shall receive their regular pay for a holiday if worked or not, and in addition: 1. All non-shift employees who are scheduled to work on an observed holiday shall receive an additional eight (8) hours pay at their straight-time hourly rate. 2. All non-shift employees who are not scheduled to work on an observed holiday but who are called out to work on said holiday shall be paid in accordance with the call-out provisions of Item 5, Section e. 3. All employees who are assigned to a 24-hour shift operation shall receive an additional eight (8) hours pay at their straight-time hourly rate whether worked or not. - 7 - Section d. Eligibility Requirements . In order to be eligible for holiday pay, the employee must work his/her last full scheduled working day immediately preceding and his/her first full scheduled working day immediately following the day observed as a holiday, unless the employee is excused by his/her supervisor because said employee is off work as a result of authorized paid leave. Item 8. Uniform Allowance Employees covered by this Agreement who have been employed full-time for ninety (90) days or more shall be eligible for a uniform allowance as hereinafter set forth. In July 1978, eligible employees will receive a uniform allowance payment of $175 . In 1979 eligible employees will receive an annual uniform allowance of $330, with equal payments of $165 being issued in January and July. Item 9 . Vacations Employees covered by this Agreement who have been em- ployed by the City for a period of at least one year shall be entitled to a vacation as follows : Years of Continuous Service Length of Vacation First (1st) year to eighth (8th) Two (2) weeks - 80 hours anniversary Ninth (9th) year to fifteenth Three (3) weeks - 120 hours (15th) anniversary Sixteenth (16th) year and Four (4) weeks - 160 hours over The employee ' s anniversary date of continuous employment from the last date of hire as a full-time employee shall be the basis of calculation for length of service. - 8 - Section a. Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, workmen' s compensation or authorized leave "with pay. " An employee does not earn vacation hours while he/she is absent "without leave" ; or "leave without pay" ; or is using accrued vacation hours over a period of time upon retirement. Section b. Vacation Pay. While on vaction, an eligible employee shall continue to receive his/her regular pay. Section c. Scheduling. Vacations shall be scheduled insofar as practicable at times most desired by each employee, with the determination of preference being made on the basis of an employee' s length of continuous service. It is ex- pressly understood that the final right to designate the vacation period and the maximum number of employees who may be on vacation at any one time is exclusively reserved by the Chief of Police in order to insure the orderly performance of the services provided by the_ City. Item 10. Sick Leave Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one (1) 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 1920 hours of sick leave. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time 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 in- clude 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. - 9 - Section a. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum of sixty (60) hours work inclusive of holidays; vacation; sick leave; workmen' s compensation; or authorized leave "with pay. " An employee does not earn sick hours while he/she is absent "without leave" ; on "leave without pay" ; or extending out accrued vacation hours upon retirement. Section b. Injury or Surgery. Employees who are absent from work because of a severe injury or surgery must present a written statement by a physician certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Personnel Office before the employee is allowed to return to work. Section c. 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) days of sick leave for one (1) vacation day or one (1) day of severance pay. (1) Vacation leave converstion requires an accumula- tion of sick leave of over 60 accrued sick days which is the equivalent of 480 hours of sick leave. Such converstion is limited to a maximum of five (5) days of vacation leave in any one year. (2) Retirement or severance pay is predicated on leav- ing the City' s employment in good standing and requires an accumulation of sick leave of over 90 accrued sick days which is the equivalent of 720 hours of sick leave. Such converstion is limited to a maximum of 20 days or 160 hours upon separa- tion. (3) In the process of converting sick leave to addi- tional vacation or severance pay, the remaining balance of unused sick leave may not total less than the required base accumulations of 60 or 90 sick days. - 10 - Section d. Disability. Any employee who is ill or physically unable to perform his duties and has used all his/ her accumulated sick leave and vacation leave shall be placed on a disability leave for a period of six months . While on such disability leave the employee shall be continued to be covered by the City on the hospitalization and life insurance programs but shall not be eligible for additional accrual of sick leave and vacation leave . Seniority shall continue to accrue while on such leave. Before returning to work, an employee on such a dis- ability must present to the Personnel Office medical evidence satisfactory to the City that the employee is capable of re- turning to work and resuming his normal duties . Item 11. 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 Item 10 , Section c(2) . Item 12. Death of an Employee Upon the death of an employee , the employee' s spouse, legal heir, or executor of his estate shall receive compensa- tion for all unused vacation leave, all eligible severance pay pursuant to Item 10, Section c (2) above and the balance of the pay period' s compensation of the period in which the employee died. Item 13. Group Hospitalization and Major Medical Insurance The City will pay the cost of the premium for the group comprehensive major medical insurance plan currently in effect for each employee including his/her dependents covered by this Agreement who has been employed full- time for thirty (30) days or more. The City retains the right to change insurance carriers or otherwise provide for coverage (e.z. , self-insurance) as long as the level of benefits remains substantially the same, with benefit changes to be reviewed with the Association prior to implementation. - 11 - Item 14 . Grievance Procedure Section a. Definition of a Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee covered by this Agreement and the City with respect to the meaning or application of the express terms of this Agreement. Section b. Grievance Procedure. Recognizing that any grievances should be raised and settled promptly, a griev- ance must be raised within seven (7) calendar days of the occurrence of the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the grievance. A grievance shall be processed as follows: STEP 1 : Verbal to Direct Supervisor. By discussion between the employee and the Direct Super- visor. The Direct Supervisor shall answer verbally within seven (7) calendar days of this discussion. STEP 2: Appeal to Deputy Chief. If the grievance is not settled in Step 1, the aggrieved employee within seven (7) calendar days following receipt of the Direct Supervisor' s answer shall file with the Deputy Chief for Operations a written grievance signed by the aggrieved employee and the appropriate association repre- sentative, if so requested 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 employee and the Association representative, if so re- quested by the employee, will discuss the grievance at a mutually agreeable time with the Deputy Chief, or his designee. The Deputy Chief for Operations, or his designee, shall give a written answer in seven (7) calendar days after receipt of the written grievance. If the grievance is denied, the specific reason or reasons shall be set forth. - 12 , STEP 3 : Appeal to Chief. If the grievance is not settled in Step 2 and the aggrieved employee and the Association decide to appeal, the Association shall, within seven (7) calendar days from receipt of the Step 2 answer, file with the Chief an appeal signed by the aggrieved employee and the appropriate Asso- ciation representative. The Association representative and the Chief, or his designee, will discuss the grievance at a mutually agreeable time. If no agreement is reached in such discussion, the Chief, or his designee, will give his answer in writing within seven (7) calendar days of the discussion. If the grievance is denied, the specific reason or reasons shall be set forth. STEP 4 : Appeal to City Manager. If the grievance is not settled in Step 3 and the Association de- cides to appeal, the Association shall, within seven (7) calendar days after receipt of the Step 3 answer, file a written appeal with the City Manager. A meeting between the City Manager, or his designee, and the appropriate Association representative will be held at a mutually agreeable time. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within ten (10) calendar days of the meeting. If the grievance is denied, the specific reason or reasons shall he set forth. STEP 5: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Association may refer the grievance to arbitration by giving written notice to the City Manager within ten (10) calendar days after receipt of the City' s answer in Step 4 . The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Association shall - 13 - strike two (2) names and the City shall then strike two (2) names ; the person whose name remains shall be the arbitrator ; provided, that either party, before striking any names , shall have the right to reject one panel of arbitrators . The arbitrator shall be noti- fied 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 Associa- tion representatives . The arbitrator shall have no authority to amend, modify, nullify, ignore , add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue (s) submitted to him, and his opinion 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. Where the parties mutually agree in writing , more than one grievance may be submitted to the same arbitrator. The decision of the arbi- trator shall be final and binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be borne equally by both parties ; provided, however, that each party shall be responsible for compensat- ing its own attorneys , representatives , or witnesses . Section c. Time Limits . No grievance shall be enter- tained or processed unless it is filed within the time limits set forth above . If a grievance is not appealed within the time limits for appeal set forth above , it shall be deemed settled on the basis of the last answer of the City. If the City fails to provide an answer within the time limits so provided, the Association may immediately appeal to the next step. The parties may mutually agree in writing to extend any time limits . Section d. Investi :ation and Discussion of Grievances . Unless speci ically provise• ot erwise in t is Agreement , all grievance discussions and investigations shall take place in a manner which does not interfere with City operations . - 14 - Section e. Board of Fire and Police Commissioners. It is expressly understood that matters subject to the Board of Fire and Police Commissioners or matters which may be appealed to the Board of Fire and Police Commissioners are not subject to this grievance procedure and that the sole recourse for such matters is with the Board of Fire and Police Commissioners . Item 15. Entire Agreement The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agree- ments arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obli- gated, to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically re- ferred to, or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agree- ment may only be amended during its term by the parties' mutual agreement in writing. Item 16. 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, and the parties shall promptly meet for the purpose of negotiating a lawful substitute provision. - 15 - Item 17 . Board of Fire and Police Commissioners It is understood that to the extent that such matters as selection, promotion, suspension or discharge are subject to the jurisdiction of the Board of Fire and Police Commis- sioners, such matters not being subject to this Agreement. It is further understood that nothing in this Agreement shall limit the right of the Chief of Police to suspend a member of the Police Department in accordance with applicable law. Nor shall this Agreement limit whatever right an employee so suspended may have to appeal to the Board of Fire and Police Commissioners within 24 hours after such suspension for a review thereof. Item 18. Term Unless specifically provided otherwise, this Agreement shall be effective as of the date it is ratified by both parties and shall remain in full force and effect until the 29th day of December, 1979. It shall be automatically re- newed from year to year thereafter unless either party shall notify the other in writing seventy-five (75) days prior to the expiration date set forth above or each yearly period thereafter if applicable. If either party submits such written notice, the parties ' designated representatives shall immediately commence negotiations. Notwithstanding the expiration date set forth above, this entire Agreement shall remain in full force and effect during the period of nego- tiations and until a successor agreement is ratified by both parties. If the parties fail to reach agreement after having, in good faith, made every effort to reach agreement through bargaining and it is evident to the parties that an impasse exists, either party may request the Federal Mediation and Conciliation Service to appoint a mediator to assist the parties to resolve the item or items in dispute. - 16 - EXECUTED THIS /0day of lif e , 1978 after approval by the City Council, ty of Elgin and after ratification by the Association membership. FON HE CITY, Attest: By k I ity Manager City Clerk FOR THE ASSOCIATION, Attest: • /17 CA6 By Pr 6sident Secretary •