85-0827 EPD 85-o&aq.
AGREEMENT
Between
CITY OF ELGIN
And
UNIT #54
POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION
1985 - 1988
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 5
Item 6 . Life Insurance 5
Item 7 . Holidays 5
Item 8. Uniform Allowance 6
Item 9 . Vacations 7
Item 10. Sick Leave 8
Item 11 . Separation Pay 10
Item 12 . Death of an Employee 10
Item 13 . Medical and Health Plans 10
Item 14 . Grievance Procedure 11
Item 15 . Entire Agreement 15
Item 16 . Savings 14
Item 17 . Board of Fire and Police Commissioners 15
Item 18. Checkoff 15
Item 19. Term 16
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 Officers employed by the City, and
sets forth the wages , hours and other terms and conditions of
employment for the period January 6 , 1985 through January 2 ,
1988. 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 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.
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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 Commnissioners. 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
Section a. Salary Range. 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 reaching tha 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
1994 2052 2145 2241 2360 2494
23928 24624 25740 26892 28320 29928
Effective January 5 , 1986, the base range of employees
covered by this Agreement shall be:
II III IV V VI
2134 2231 2331 2454 2594
25608 26772 27972 29448 31128
Effective January 4 , 1987 , the base range of employees
covered by this Agreement shall be:
III IV V VI
2320 2424 2552 2698
27840 29088 30624 32376
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, 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% ) instead of the four
percent ( 4% ) as reflected in the salary ranges
effective January 4 , 1987 .
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 .
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 the monthly
salary schedule for the period of time so designated.
Section b. New Police Officer Salary Range . All Police
Officers 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 Police
Officer salary ranges reflective in Section a. of this Item. For
the term of this Agreement, these ranges shall be:
Police Officers I II III
Hired after ratification 1871
22452
Effective January 5 , 1986 1946 2075
23352 24900
Effective January 4 , 1987 2024 2158 2293
24288 25896 27516
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 payment shall be made at a rate reflective of the
difference between the pay ranges existing immediately prior to
the ratification of this Agreement and the new salary range
reflected in Section a. above, which is effective the first
payroll period following ratification. Payment shall reflect
this difference on an hour by hour basis for all regular hours
compensated since January 6 , 1985 . Included in regular hours
compensated shall be all paid leave and holiday additional hours.
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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 ; ) hour work week
consisting daily of an average eight ( 8 ) hour shift assignment
and an average one-quarter ( ; ) 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.
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 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 .
For purposes of overtime pay calculations only, the
regularly scheduled workday for shift employees shall terminate
eight and one-quarter ( 8 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 $40 . 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 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.
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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 $16 , 000 group term life insurance policy ( including
accidental death and dismemberment ) .
It is agreed that the City' s obligation under this item is
limited solely to the payment of the cost of the insurance
program provided thereunder and employees and their beneficiaries
shall be entitled to benefits only in accordance with and
governed by the terms and conditions of the insurance policies
issued to provide such benefits. Neither the City, or the
Association, shall themselves by obligated to pay any insurance
benefit provided under this Item directly to employees or their
dependents or beneficiaries .
The City retains the right to change insurance carriers or
otherwise provide for coverage ( e . g. self-insurance ) as long as
the level of benefits remains substantially the same .
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 aternoon 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:
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Day on Which Eves Fall Provision
Monday the full day before
Christmas ( December 24 )
Tuesday, Wednesday one-half ( 1/2 ) day on both
and Thursday Christmas Eve and New
Year' s Eve
Friday, Saturday one ( 1 ) floating holiday
and Sunday to be taken 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 . Further,
employees in these divisions who are scheduled and actually work
on New Year' s Day, Independence Day or Christmas Day shall
receive a further four ( 4 ) hours holiday pay, thus receiving a
total of an additional twelve ( 12 ) hours holiday pay at their
straight time hourly rate.
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.
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 ' 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 1985 , eligible employees will receive
an annual uniform allowance of $450 with equal payments of $225
being issued in January and July. In 1986 , and thereafter, said
allowance is $500 with payments in January and July of $250.
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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 dmamged
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 Two ( 2 ) weeks -
( 7th) anniversary 80 hours
Eighth ( 8th) year to Three ( 3 ) weeks -
fourteenth ( 14th) anniversary 120 hours
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 .
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.
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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
accumulating 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 necessry
attendance at the funeral.
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.
For the purpose of definition, sick leave used for
bereavement or on-the-job injuries shall not be charged as an
occurrence. Employees, once each payroll year, who have worked
in excess of four ( 4 ) hours and are released to go home on sick
leave, shall not be charged with 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.
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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 accumulation 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 vacation 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 disability 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. Medical and Health Plans
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 .
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 the City' s basic comprehensive major
medical insurance plan .
Section b. Health Maintenance Organization . The employee
may as an option elect to participate in any eligible Health
Maintenance Organization (HMO) 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 and above
the City' s contribution to the cost of the basic comprehensive
major medical insurance plan will be paid by the employee.
10
Section c. 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 terminate when the
retiree ( 1 ) reaches 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.
Section d. Medical Insruance Plan Variations . In addition
to the coverage of the City's basic comprehensive major medical
insurance plan, the employees and their dependents covered by
this Agreement shall have included as part of their insurance
plan the following features: 1 ) a $100 family deductible and 2 )
a $300 co-insurance provision.
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.
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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 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 deisgnee. 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 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
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
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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 ans 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
arbitrator. 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 borne
equally by both parties; provided, however,
that each party shall be responsible for
compensating its own attorneys ,
representatives, or witnesses .
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 .
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Section d. Investigation and Discussion of Grievances .
Unless specifically 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 specifically 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 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.
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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 responsibility 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.
15
Item 19. 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 2nd day of
January, 1988. It shall be automatically 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.
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 duspute.
� P
EXECUTED THIS day of 1---(A,,itc,,z.,/ , 1985
after approval by the City Council, City oElgin, and after
ratification by the Association membership.
FOR THE CITY,
Attest :
By < „-, 67,6„
City Manager
City Cle
FOR THE ASSOCIATION,
Attest :
11 Pre nt
Secretar
16
MODIFICATION
of
AGREEMENT
WHEREAS, the City of Elgin and Unit #54, Policemen's Benevolent
and Protective Association have signed an employment agreement and it
is in the interest of both parties that said agreement clearly sets
forth the agreed terms, and
WHEREAS; Item 8, Uniform Allowance can be more clearly set forth
by the inclusion of the following underlined words in the first sentence.
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 uniformallowance
as hereinafter set forth .
It is hereby agreed that this modification to Item 8 shall become
a part of the current agreement and any future successor agreement (s)
or until such time as there is a future agreed change on this item.
FOR ,THE CITY
1'
1\
%\
)
By:
Cit ' Manager I kAt 2°N-j•
Attest:
I (
• 44.. /
City Clerk
FOR THE ASSOCIATION
By:
Pres • t--
Attest:
icreaf 414:6