82-0812 EPD AGREEMENT•
Between
CITY OF ELGIN
And
UNIT #54
POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION
1982 - 1984
. .
TABLE OF CONTENTS
Page
Preamble 1
Item 1 . Recognition 1
Item 2. Management Responsibilities 1
Item 3. Non-Interruption of Work 1
Item 4. Wages 2
Item 5. Hours of Work and Overtime 3
Item 6. Life Insurance 4
Item 7. Holidays 5
Item 8. Uniform Allowance 6
Item 9. Vacations 6
Item 10. Sick Leave 7
Item 11 . Separation Pay 9
Item 12. Death of an Employee 9
Item 13. Group Comprehensive Major Medical Insurance 9
Item 14. Grievance Procedure 10
Item 15. Entire Agreement 12
Item 16. Savings 12
Item 17. Board of Fire and Police Commissioners 13
Item 18. Checkoff 13
Item 19. Term 13
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 December 27, 1981
through January 5, 1984. 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 bargain-
ing 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 deter-
mine 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 legiti-
mate 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.
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 concerted interruption of work, including any strike, stoppage of
work, slowdown, sympathy strike, or any other concerted 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.
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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 employ-
ment and will be eligible to advance to further steps in said salary range
at twelve (12) month increments thereafter until reaching 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 employees 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
1711 1761 1840 1922 2024 2139
20532 21132 22080 23064 24288 25668
Effective December 26, 1982, the base range of employees covered by this
Agreement shall be:
I II III IV V VI
1831 1884 1969 2057 2166 2289
21972 22608 23628 24684 25992 27468
Effective December 25, 1983, the base range of employees covered by this
Agreement shall be:
I II III IV V VI
1950 2006 2097 2191 2317 2438
23400 24072 25164 26292 27804 29256
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.
1 ) If the Consumer Price Index for Urban Wage Earners and
Clerical Workers in Chicago, All Items, 1967-100, (herein
called "CPI") for the month of November, 1983 has increased
more than ten percent (10%) over the preceding CPI for the
month of November, 1982, the salary increased to be effect-
ive December 25, 1983 shall be eight percent (8%) instead
of the six and one-half percent (6.5%) as reflected in the
figures above, or
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2) If the Consumer Price Index for Urban Wage Earners and
Clerical Workers in Chicago, All Items, 1967-100, (herein
called "CPI") for the month of November, 1983 has increased
five percent (5%) or less over the preceding CPI for the
month of November, 1982, the salary increase to be effect-
ive December 25, 1983 shall be four percent (4%) instead
of the six and one-half percent (6.5%) as reflected in the
figures above.
Any Police Officer designated at the discretion of the Police Chief as
a Senior Police Officer shall be paid no less than an additional four
percent (4%) above his/her step on the monthly salary schedule for the
period of time so designated.
Any Police Officer designated at the discretion of the Police Chief as
a Police Administrative Officer shall be paid an additional two percent (2%)
above his/her step on monthly salary schedule for the period of time so
designated.
Employees covered by this Agreement who are still on the active payroll
the beginning of the next payroll period immediately following the ratifica-
tion of this Agreement by both parties shall receive a retroactive payment.
Said payment shall be made at a rate reflective of the difference between
the pay ranges existing immediately before December 27, 1981 and the above
agreed salary range effective upon ratification of this agreement by both
parties on an hour by hour basis for all regular hours actually worked for
such payroll periods. For the purpose of the retroactivity provisions, no
adjustments will be made for paid leave (i .e. sick leave, vacation, worker's
compensation, etc. ) , holiday additional pay or overtime hours between
December 27, 1981 and the first payroll period following ratification.
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 Work Period. The normal work period of employees
assigned to work on a twenty-four (24) hour shift operation (herein called
"shift employees") , shall not exceed fourteen (14) days. The normal work
hours shall be based on an average forty-one and one-quarter (41 1/4) hour
work week consisting daily of an average eight (8) hour shift assignment
and an average one-quarter (1/4) hour training period. The normal work
period of all other employees (herein called "non-shift employees") shall
not exceed fourteen (14) days with normal work hours based on an average
forty (40) hour work week.
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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.
For purposes of overtime pay calculations only, the regularly scheduled
workday for shift employees shall terminate eight and one-quarter (8 1/4)
hours after the employee is scheduled and required to report for duty. The
regularly scheduled workday for non-shift employees shall terminate after
eight (8) hours of scheduled duty time has elapsed.
Section d. Court Standby. Employees covered by this Agreement shall
receive $37.50 per day when they are on court standby or their actual pay
for time required to be in court, whichever is greater.
Effective December 25, 1983, said court standby rate shall be $40.00
per day.
Section e. Callouts. An employee called back to work (including
court calls in other than a court standby situation) while off duty after
having completed his/her assigned 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
Effective the beginning of the first month immediately following the
ratification of this Agreement by both parties, 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 $12,000 group term life insurance policy
(including accidental death and dismemberment) .
Effective January 1 , 1983, said group term life insurance policy shall
be $13,000.
Effective January 1 , 1984, said group term life insurance policy shall
be $14,000.
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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.
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
afternoon 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 non-shift employees working
Monday through Friday, 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, except
as provided in Section b of this Item.
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 provision 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 Christmas
Thursday Eve and New Year's Eve
Friday, Saturday and one (1 ) floating holiday to be taken
Sunday between Thanksgiving Day and
December 31st.
Section c. Remuneration. All employees assigned to the Patrol , Traffic
or Major Investigative Divisions shall receive an additional eight (8) hours
holiday pay at their straight time hourly rate whether the holiday is worked
or not.
1 . All other 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 other 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 callout provisions of Item 5,
Section e.
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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 immed-
iately following the day observed as a holiday, unless the employee's
absence from work is excused by his/her supervisor and is chargeable to
authorized paid leave.
Item 8. Uniform Allowance
Employees covered by this Agreement who have been employed full-time
for ninety (90) days or more prior to the months of distribution, shall be
eligible for a uniform allowance as hereinafter set forth. In July, 1982,
eligible employees will receive a uniform allowance payment of $200. In
1983, eligible employees will receive an annual uniform allowance of $425,
with equal payments of $212.50 being issued in January and July. In 1984,
said allowance is $450 with payments in January and July of $225,
Section a. Duty Damaged Clothing and Equipment. All employees covered
by this agreement shall be eligible for reimbursement by the City for damages
incurred in the line of duty to clothing, authorized uniforms, and/or
police equipment. Reimbursement may, at the option of the City, be in the
form of a voucher payment for the actual replacement value of the damaged
items; the replacement of the item; the repair of the item when such repair
is appropriate; or a voucher payment to cover the reasonable value of the
item. The eligibility of items for replacement or repair due to damage,
the extent of damages to any particular item, and the method by which damages
may be reported and subsequently claimed shall be determined solely by the
Chief of Police or his designee. Normal wear and tear of clothing, uniforms
and equipment is not covered under this section.
Item 9. Vacations
Employees covered by this Agreement who have been employed 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 seventh (7th) Two (2) weeks - 80 hours
anniversary
Eighth (8th) year to fourteenth Three (3) weeks - 120 hours
(14th) anniversary
Fifteenth (15th) year and over Four (4) weeks - 160 hours
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.
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Section a. Accrual . Vacation hours are accrued each biweekly pay
period if the employee is paid for a minimum of sixty (60) hours inclusive
of holiday, vacation, sick leave, worker's compensation or authorized
leave "with pay". An employee does not earn vacation hours while he/she is
absent "without leave"; on "leave without pay"; or is using accrued vacation
hours over a period of time upon retirement.
Section b. Vacation Pay. While on vacation, 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 expressly 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 accumu-
lating the equivalent of one (1 ) day for each full month of continuous
service or a total of 96 hours per year. Employees may accumulate sick
leave up to a total equivalent of 240 sick days. 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 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 attend-
ance at the funeral .
Effective December 26, 1982, all active employees covered by the
Agreement shall receive full pay for the first six (6) eligible occurrences
of sick leave in said or each following payroll year. Any such employee
shall not, however, be paid for the first (1st) day of a seventh (7th) or
any other subsequent sick leave occurrence in the same payroll year.
New employees hired on or after December 26, 1982, who are covered by
this Agreement, shall receive full pay for the first three (3) eligible
occurrences of sick leave in said or each following payroll year. Any such
employee shall not, however, be paid for the first (1st) day of a fourth
(4th) or any other subsequent sick leave occurrence in the same payroll year.
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For the purpose of definition, sick leave used for bereavement or on-
the-job injuries shall not be charged as an occurrence. Employees having
a sick leave occurrence beyond the number authorized for full pay may
elect to work a scheduled day off at his/her straight time hourly rate of
pay to replace the non-paid day. Such replacement day shall be scheduled
with the approval of the department head.
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; worker'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. 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 conversion requires an accumulation of sick
leave of over 60 accrued sick days which is the equivalent
of 480 hours of sick leave. Such conversion is limited to
a maximum of five (5) days 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 accumu-
lation of sick leave of over 90 accrued sick days which is
the equivalent of 720 hours of sick leave. Such conversion
is limited to a maximum of 20 days or 160 hours upon
separation.
3) In the process of converting sick leave to additional vaca-
tion or severance pay, the remaining balance of unused sick
leave may not total less than the required base accumulations
of 60 or 90 days.
Section c. Disability. Any employee who is ill or physically unable
to perform his/her 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 (6) 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.
Section d. Injury or Surgery. An employee on sick leave who is absent
from work because of a severe injury or surgery; or an employee on disabil-
ity leave, must present, before returning to work, a written statement by a
physician certifying that he/she is capable of so returning to work and
resuming his/her full duties. This statement must be brought to the Personnel
Office before authorization is given the employee to return to work,
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Section e. Sick Leave Bonus. All employees covered by this Agreement
on the active payroll as of December 26, 1982, and those on the active
payroll the beginning of each subsequent payroll year, shall have established
a $150 sick leave occurrence bank. For each occurrence of charged sick leave
during a payroll year, $25.00 shall be deducted from the employee's individual
bank. Employees on the payroll at the end of the payroll year shall receive a
voucher payment equal to the balance remaining in their individual occurrence
bank.
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 b(2) ,
Item 12. Death of an Employee
Upon the death of an employee, the employee's spouse, legal heir, or
executor of his/her estate shall receive compensation for all unused vacation
leave, all eligible severance pay pursuant to Item 10, Section b(2) above
and the balance of the period's compensation of the period in which the
employee died.
Item 13. Group Comprehensive 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.
Effective the beginning of the first month immediately following the
ratification of this Agreement by both parties, the group comprehensive
major medical insurance plan shall include the following features: 1 ) a
$100 family deductible and 2) a $300 co-insurance provision.
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, with benefit changes to be reviewed with
the Association prior to implementation.
Section a. Retiree Participation. An employee who retires with at
least twenty (20) years of full-time active service with the City can elect
to continue in the group medical plan upon retirement. Said participation
shall be available only as continuous coverage and with the retiree paying
150% of the applicable premium, payable in advance on a quarterly basis or
through any available monthly pension deduction. If a retiree fails to
make the applicable quarterly payment by the beginning of the quarter or
discontinues the pension deduction, coverage will be terminated. The right
of a retiree to continue coverage under the provisions of this item shall
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terminate when the retiree (1 ) reached the age of 65, (2) becomes eligible
for Medicare, or (3) on the effective date of group medical coverage at a
new place of employment, whichever occurs earlier.
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 grievance 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 the discussion between
the employee and the Direct Supervisor. 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 approp-
riate association representative, 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 requested 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.
STEP 3: Appeal to Chief. If the grievance is not settled in
Step 2 and the aggrieved employee and the Association
decide to appeal , the Association shall , within seven
(7) calendar days from receipt of the Step 2 answer,
file with the Chief an appeal signed by the aggrieved
employee and the appropriate Association representative.
The Association representative and the Chief, or his
designee, will discuss the grievance at a mutually
agreeable time. If no agreement is reached in such
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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 decides to
appeal , the Association shall , within seven (7)
calendar days after receipt of the Step 3 answer,
file a written appeal with the City Manager. A
meeting between the City Manager, or his designee,
and the appropriate Association representative will
be held at a mutually agreeable time. If no settle-
ment is reached at such meeting, the City Manager,
or his designee, shall give his answer in writing
within (10) calendar days of the meeting. If the
grievance is denied, the specific reason or reasons
shall be 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 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 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 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 arbi-
trator. The decision of the arbitrator shall be final and
binding. The costs of the arbitration proceeding, includ-
ing the fee and expenses of the arbitrator, shall be borne
equally by both parties; provided, however, that each party
shall be responsible for compensating its own attorneys,
representatives, or witnesses.
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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 to the next step. The parties may mutually agree in
writing to extend any time limits.
Section d. Investigation and Discussion of Grievances. Unless speci-
fically provided otherwise in this agreement, all grievance discussions
and investigations shall take place in a manner which does not interfere with
the City operations.
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 agreements
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 obligated, 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 referred 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 Agreement 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 legisla-
tive 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.
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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 Commissioners, such matters are not 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. Checkoff
Upon receipt by the City of a voluntarily signed written dues checkoff
authorization from an employee covered by this Agreement, the City shall ,
during the term of this Agreement, deduct the uniform biweekly Association
dues from the pay of said employees. The Association shall supply all forms
and papers necessary for checkoff and the Treasurer of the Association shall
certify to the City in writing the amount of dues to be deducted from the
pay of such employees authorizing checkoff. The City shall remit a check
quarterly to the Treasurer of the Association for the total amount of dues
deducted during the preceding quarter.
Section a. Equal Representation. The Association recognizes its respon-
sibility as bargaining agent and agrees to fairly represent all employees
covered by this Agreement without discrimination.
Section b. Indemnification. The Association shall indemnify, defend
and hold the City, its officers, officials, agents and employees harmless
against any claims, demand, suit or liability (monetary or otherwise)
arising out of or by reason of any action taken or not taken by the
Association or action taken by the City at the direction of the Association
in complying with the provisions of this item.
Item 19. Term
Unless specifically provided otherwise, this Agreement shall be effect-
ive as of the date it is ratified by both parties and shall remain in full
force and effect until the 5th day of January, 1985. It shall be automat-
ically renewed 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 negotiations and until a successor agreement is
ratified by both parties.
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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.
EXECUTED THIS P-7-1.4) day of 44,/ qu.si , 1982, after
approval by the City Council , City of Elgin, an&'after ratification by the
Association membership.
FOR THE CITY,
Attest:
11
BY a a. . 161A.
C anager
City erk
FOR THE ASSOCIATION,
Attest
By
President
g . )//ZA./Ar.....f
ecretary
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