85-0717 EFD Union 439 13S- 61- 1-4
AGREEMENT
Between
CITY OF ELGIN
and
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
1985 - 1987
TABLE OF CONTENTS
Item Page
P Recognition of International Association of
Firefighters 1
1. Management Responsibilities 1
2 . Non-Interruption of Work 1
3 . Union Security 2
4 . Salary Range 3
5. Wages 3
6 . Hours of Work Overtime 5
7 . Holidays and Personal Days 5
8. Vacations 7
9 . Sick Leave 8
10. Group Hospitalization and Major Medical
Insurance 9
11. Life Insurance 10
12 . Uniform Allowance 10
13 . Separation Pay 11
14 . Death of an Employee 11
15. Grievance Procedure 11
16. General Conduct 13
17 . Entire Agreement 14
18. Savings 14
19. Term 14
A Dues Checkoff Form Appendix A
The City of Elgin (herein called "City" ) recognizes the Fire
Employee Relations Committee of Local #439 , International
Association of Firefighters ( herein called "Association" ) as the
sole representative and bargaining agent of all full-time
firefighters and fire lieutenants. This Memorandum of Agreement
is made by and between the City and the Association for and on
behalf of all full-time firefighters and fire lieutenants
employed by the City and sets forth the wages, hours and
conditions of employment for the period January 6 , 1985 through
January 2 , 1988. Each employee represented by the Fire Employee
Relations Committee will receive a copy of this Memorandum of
Agreement .
Item 1. 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 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 Fire Department or by employees of the
City; to assign and transfer employees within the Fire
Department ; to hire, promote, demote, suspend, discipline, or
discharge for just cause, or to 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 nor shall this paragraph be deemed to
limit the authority or jurisdiction of said Board in any way.
Item 2 . 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 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.
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Item 3 . Union Security
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 decuctions to the Secretary-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.
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 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 Secretary-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 .
If a non-member challenges the amount of the service fee
certified by the Union to the City, the Union agrees to place the
non-member' s service fee in an interest bearing escrow account at
an appropriate financial institution during the pendency of
proceedings to adjudicate the challenge. Moreover, the Union
agrees that in event of any challenge to the amount of the
service fee, the City shall have a hearing conducted before an
impartial adjudicator, and that the Union will cooperate fully in
providing any and all necessary financial information necessary
for the Adjudicator to determine the proportion of the Union ' s
expenditures which are expended on administering this Agreement .
The Union shall indemnify the City and hold it harmless for
all legal costs or other forms of liability, monetary or
otherwise, arising out of or by reason of any action taken by the
City at the direction of the Union for the purpose of complying
with the provisions .
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Item 4 . Salary Range
Section a. Rate Review. The beginning Firefighter shall start
at step one of the salary range as reflected in Item 5. He/she
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 Item 5 , 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 following promotion 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 during either: a minimum twelve
( 12 ) hour period on a scheduled work shift , or a minimum twelve
( 12 ) hour period when called in from off duty status to fill a
vacancy. Compensation for such assigned responsibility shall be
the hourly difference between the straight-time hourly 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.
Section c. Rank Security. All promotions of Firefighters to
Fire Lieutenant or Fire Lieutenant to Fire Captain, shall be to a
salary level one ( 1 ) step above the maximum step of the salary
range of the position occupied by either the Firefighter or Fire
Lieutenant prior to the promotion. This promotion policy will
apply to the Firefighter or Fire Lieutenant regardless of the
salary step occupied by the employee in the appropriate salary
range prior to the promotion.
Item 5. Wages
Section a. Salary Ranges. Effective the beginning of the
payroll period immediately following the ratification of the
Agreement by both parties, the salary ranges for employees
covered by this Agreement currently on the payroll shall be:
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Position I II III IVV VI
Firefighter 1969 2043 2119 2214 2301 2403
Fire Lieutenant 2487 2597 2704
Effective January 5 , 1986, the salary ranges for employees
covered by this Agreement shall be:
Position I II III IVV VI
Firefighter 2125 2204 2303 2393 2499
Fire Lieutenant 2586 2701 2812
Effective January 4 , 1987, the salary ranges for employees
covered by this Agreement shall be:
Position I II III IVV VI
Firefighter 2292 2395 2489 2599
Fire Lieutenant 2689 2809 2924
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, 1986 has increased more than seven
percent ( 7% ) over the preceding CPI for the month of November,
1985 , the salary increase to be effective January 4 , 1987 , shall
be five and one-half percent ( 5 1/2% ) instead of the four percent
( 4% ) increase as reflected in the salary ranges effective January
4 , 1987.
Section b. New Firefighter Salary Ranges . All Firefighters
hired after the ratification of this Agreement by both parties
shall be compensated on a salary range which consists of steps
that are 75%, 80%, 85%, 90% , 95% and 100% of the Firefighter
salary ranges reflected under Section a. of this Item. For the
term of this Agreement those ranges shall be:
New Firefighters I II III
Hired after ratification 1802
Effective January 5 , 1986 1874 1999
Effective January 4 , 1987 1949 2079 2209
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Section c. Retroactivity. Employees covered by this Agreement
who are still on the active payroll the beginning of the next
payroll period immediately following the ratification of this
Agreement by both parties shall receive a retroactive payment .
Said retroactive payment shall be made at a rate reflective of
the difference between the pay ranges in effect immediately prior
to the ratification of this Agreement and the new salary ranges
reflected in Section a. above which are effective the first
payroll period following ratification. Payment shall be on an
hour for hour basis for all regular hours actually worked since
January 6 , 1985. No retroactive adjustment will be made for paid
leave, holiday additional pay or overtime hours between January
6 , 1985 and the first payroll period following ratification.
Item 6. 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 shall be
an average 56 hour week consisting of 24 hour work shifts with 48
hours off.
Section c. Overtime Pay. Employees covered by this Agreement
shall be paid one and one-half times their regular straight time
hourly rate of pay based on a 56 hour average work week for all
hours worked in excess of the standard work shift , including any
mandatory training hours that may be eligible under the Fair
Labor Standards Act .
Section d. Callouts. An employee called back to work 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 ( 1 1/2 ) times his/her
straight time rate of pay for the minimum two ( 2 ) hours or
his/her actual time, whichever is greater.
Section e. No Pyramiding. Compensation shall not be paid more
than once for the same hours under any provision of this Article
of Agreement .
Item 7 . Holidays and Personal Days
The employees covered by this Agreement are eligible for
eight ( 8) holidays and two ( 2 ) 24-hour personal days. The
holidays consist of the following: New Year' s Day; Easter
Sunday; Memorial Day; Independence Day; Labor Day; Veteran' s Day;
Thanksgiving Day, and Christmas Day.
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Section a. Personal Days. The personal day can be taken in
twelve ( 12 ) hour or twenty-four ( 24 ) hour increments on any
scheduled work shift during the payroll year and shall not be
carried over to the succeeding payroll year. Eligibility for the
two ( 2 ) personal days in a payroll year shall be for all
employees on the payroll as of January 1st . New employees
starting after January 1st but before June 30th of the same year
shall be eligible for one ( 1 ) personal day. Any time off for a
personal day shall be scheduled with the approval of the Fire
Chief.
Section b. Holiday/Remuneration. Employees shall receive
holiday compensation at his/her 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 out to work on a holiday
shall receive holiday compensation of his/her straight time
hourly rate on an hour-to-hour basis for all hours actually
worked in addition to the callout provisions of Item 6, section
d. of this Agreement .
Section c. Holiday Compensation Time. Each employee up to three
( 3 ) times during a payroll year, may elect to take a compensation
day in lieu of receiving seventeen ( 17 ) hours of holiday
additional pay for work on a holiday. The compensation day can
be scheduled off in twelve ( 12 ) hour or twenty-four ( 24 ) hour
increments on any scheduled work shift with the approval of the
Fire Chief, during the payroll year and shall not be carried over
to the succeeding payroll year. Employees electing to exercise
this option shall notify the Fire Chief or his/her designee prior
to said holiday.
Section d. Holiday Pay Eligibility. In order to be eligible for
holiday pay, the employee must work his/her last full scheduled
work shift immediately preceding and his/her first full scheduled
work shift immediately following the day observed as a holiday,
unless the employee is excused in writing by his/her supervisor
because said employee is off work as a result of authorized paid
leave.
Section e. Personal Day Conversion. An employee eligible for
personal days but not desiring to use either or both of them may,
upon written request to the Fire Chief prior to December 1st of a
year, convert his/her personal day or days into a cash payment .
Such payment shall be equal to his/her straight time hourly rate
of pay times either twenty-four ( 24 ) or forty-eight ( 48 ) hours to
be included with a paycheck issued within ( 30 ) days following the
written request .
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Item 8. Vacations
Employees covered by this Agreement shall be eligible for
paid vacation as follows:
Years of Continuous Service Vacation Time Off
From the completion of one ( 1 ) year Five ( 5 ) shifts
to the seventh ( 7th) anniversary date
After seven ( 7 ) years to the fourteenth Seven ( 7 ) shifts
( 14th) anniversary date
After fourteen ( 14 ) years Ten ( 10 ) shifts
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 a minimum of fifty-six
( 56 ) hours inclusive of holiday, personal days, vacation, sick
leave, workmen ' s compensation or authorized leave "with pay" . An
employee does not accrue additional vacation hours while he/she
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 a vacation allowance at the employee' s regular straight time
hourly rate.
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 accumilated sick leave. The employee with more
than sixty ( 60 ) accrued twelve ( 12 ) hour sick days , aich 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. 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 Fire Chief in order to insure the orderly performance of the
services provided by the City.
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Item 9. Sick Leave
Employees covered by this Agreement shall earn sick leave by
accumulating the equivalent 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.
Section a. Accrual. Sick hours are accrued each payroll period
if the employee is paid a minimum of fifty-six ( 56 ) hours work
inclusive of holidays; personal days; vacation; sick leave;
workmen' s compensation; or authorized leave "with pay" . An
employee does not earn sick hours while he/she 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/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 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 disability
leave must present to the Personnel Office medical evidence
satisfactory to the City that the employee is capable of
returning to work and resuming his/her normal duties .
Section c. 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/her full duties. This
statement must be brought to the Personnel Office before the
employee is allowed to return to work.
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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 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.
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 .
Item 10. Group Hospitalization and Major 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 .
Section a. Medical Insurance. The City will offer a group
medical insurance plan for the employee and their dependents.
The City will contribute to this program a cost equal to the full
premium and liability of City' s basic comprehensive major medical
insurance plan. Any costs for medical insurance over and above
the City' s contribution will be paid by the employees.
Section b. Health Maintenance Organization. The employee may as
an option, elect to participate in any eligible Health
Maintenance Organization (HMO' s ) certified with the City. The
City will contribute to the cost of a HMO plan a monthly amount
equal to that provided for the City' s basic comprehensive major
medical insurance plan. Any costs for HMO participation over
this prescribed monthly amount will be paid by the employee.
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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. Health Maintenance. Effective January 5 , 1986, each
employee covered by this Agreement shall be eligible for a
reimbursement up to $50. 00 annually for any health maintenance
examination. Any eligible employee may, at their option, elect
to participate in a City sponsored Wellness Program in lieu of
the reimbursement .
Item 11. Life Insurance
At the beginning of the first full 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
$7 , 500 group term life insurance policy ( including accidental
death and dismemberment ) .
Effective January 1, 1986 said group term life insurance
policy shall be $10,000 .
Effective January 1 , 1987 said group term life insurance
policy shall be $12 , 500.
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 there under, 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 (eg. self insurance ) as long as
the level of benefits remains substantially the same.
Item 12 . Uniform Allowance
Employees covered by this Agreement who have been employed
full-time for ninety ( 90 ) days or more shall be eligible for an
annual uniform allowance of $200 with equal payments being issued
during January and July of each year.
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Item 13 . 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 9, Section d. ( 2 ) .
Item 14 . 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
Item 9 , Section d. ( 2 ) above and the balance of the pay period ' s
compensation of the period in which the employee died.
Item 15. Grievance Procedure
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 express terms of this
Agreement .
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. Verbal to Shift Captain on Duty. By discussion
between the employee and the Shift Captain on Duty.
The Shift Captain on Duty 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
answer from the Shift Captain on Duty, shall file
with the Deputy Chief a written 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 Deputy Chief, or his
designee, shall give a written answer within seven
( 7 ) calendar days after receipt of the written
grievance.
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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
a discussion, the Chief, or his designee, will give
his answer in writing within seven ( 7 ) calendar
days of the discussion.
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
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 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
fourteen ( 14 ) 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 submitted to him and his
recommendation shall be based solely upon his
interpretation of the meaning or application of the
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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.
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. Where the parties
mutually agree in writing, more than one grievance may be
submitted to the same arbitrator.
Investigation and Discussion. All grievance discussions and
investigations shall take place in a manner which does not
interfere with City operations.
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 16. 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 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 of the Elgin Fire Department ,
the Association will receive a five ( 5 ) day written notice.
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Item 17. Entire Agreement
The parties acknowledge that during the 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 18. 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 .
Item 19. Term
This Agreement shall be effective as of the 6th day of
January, 1985 and shall remain in full force and effect until the
2nd day of January, 1988. 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.
14
EXECUTED THIS /7 day of .J L , 1985 after approval
by the City Council, City of Elgin, (land after ratification by
this Association membership.
FOR T CITY,
Attestac BY: �Iitw . AA dl ..i
City Clerk ty Mana•er
FOR THE ASSOCIATION,
By: .A/(pY1"--7-,1 /9204.(A.1.)
Secretary President
15
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
supercede any existing ordinance and/or statute as pertains to
the rights of the City to place new employees on a twelve ( 12 )
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 - Finance Director
Effective:
I hereby request and authorize you to deduct
bi-weekly from my earnings union dues or
service charge equal to $ annually.
The amount deducted shall be paid to the
Elgin Firefighters, Local No. 439 .
Signed:
Address :
TELEPHONE 312/695-6500
OF Etc
Mtn'
Zr . 7: in 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555
aLIdo ►y�, ;�
ORgT1(101+
June 11, 1985
Mr. William Misner, President
Local #439, I .A.F.F.
Fire Station #1
Elgin, Illinois 60120
Dear Mr. Misner:
This letter will confirm the understandings that were reached during negotia-
tions pertaining to the impact of FLSA, mandatory standby and the implemen-
tation of the Holiday Compensation Time provision in 1985.
1) If during the term of this Agreement, the provisions of the federal Fair
Labor Standards Act are either defined or amended to allow for the con-
tinued applicability of the language in the below identified deleted
sections, with no time and one-half penalties, said sections shall be
reinstated to the current contract for the balance of this Agreement.
Item 6. Hours of Work and Overtime.
Section c. Overtime Pay. . .except for training which shall be compen-
sated at the employee' s straight time hourly rate based on a 56 hour average
work week."
Section d. Compensatory Time Off. Employees working overtime hours may
elect to accumulate up to 48 hours (two work shifts) of compensatory time
on the basis of one hour of compensatory time for each hour of overtime
worked. Requests for compensatory time off must be submitted in writing
to the Fire Chief at least one week prior to the request time off and shall
be for segments of at least twelve (12) hours provided that the Fire Chief
may permit a request to be made for a smaller segment. The approval of
the request for compensatory time off shall be at the sole discretion of
the Fire Chief based on the operational needs of the department.
2) If during the term of this Agreement, the Fire Department shall deem it
necessary to institute a mandatory standby program, the City and the
Association shall meet to negotiate the economic impact of said program.
3) Any Fire personnel who elected to not receive holiday additional pay for
working seventeen (17) hours on either the Easter Sunday or Memorial Day
holidays, in anticipation of language changes in the employee Agreement,
shall be eligible for Holiday Compensation time.
I am looking forward to the continuation of our cooperative relationship during
the term of the new agreement.
'ncer•ly,
d6
Roe-rt Malm
Interim City Manager
cc: Chief Knust