88-0101 EFD Union 439 AGREEMENT
Between
CITY OF ELGIN
and
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
1988 - 1990
4
TABLE OF CONTENTS
Page
Item 1. Recognition and Purpose of Agreement 1
Item 2 . Gender Clause 1
Item 3 . Management Responsibilities 1
Item 4 . Non-Interruption of Work 2
Item 5 . Dues Checkoff and Fair Share 2
Item 6. Duties of Employees 4
Section a . Duties 4
Section b. Subcontracting 4
Item 7 . Notice of Medical Treatment 4
Item 8 . Salary Range 4
Section a . Rate Review 4
Section b. Working Out of Class 5
Section c. Rank Security 5
Item 9 . Wages 5
Section a . Salary Ranges 5
Section b. New Firefighter Salary Ranges 6
Section c. Retroactivity 6
Section d. Cost of Living Protection 6
Item 10. Firefighter/Paramedics, Lieutenant/
Paramedics and Mechanics 7
Section a . Compensation 7
Section b. Opt Out Provisions if Number of EMT-P' s
Exceeds Number Established by the
Fire Chief 7
Section c . Mandatory Decertification 8
Section d. Mechanic Pay 8
Item 11 . Hours of Work and Overtime 9
Section a. Application of This Article 9
Section b. Normal Work Period 9
Section c. Overtime Pay 9
Section d. Callouts 9
Section e. No Pyramiding 9
Section f . Light Duty Pool 9
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Item 12 . Training 10
Section a. Mandatory Training 10
Section b. Voluntary Training 10
Item 13 . Holidays and Personal Days 10
Section a . Personal Days 10
Section b. Holiday/Remuneration 11
Section c. Holiday Compensation Time 11
Section d. Personal Day Conversion 11
Section e. Slot for Personal Leave and Holiday
Compensation Time 11
Item 14 . Vacation 12
Section a . Accrual 12
Section b. Vacation Pay 12
Section c. Increasing Vacation 12
Section d. Scheduling 12
Item 15 . Sick Leave 13
Section a . Accrual 13
Section b. Disability 13
Section c. Injury or Surgery 14
Section d. Conversion 14
Item 16 . Group Hospitalization and Life Insurance 14
Section a . Medical Insurance 14
Section b. Health Maintenance Organization 15
Section c. Retiree Participation 15
Section d. Health Maintenance 15
Section e. Life Insurance 15
Item 17 . Uniform Allowance 16
Item 18 . Separation Pay 16
Item 19 . Death of an Employee 16
Item 20 . Grievance Procedure 16
Item 21. Access to Personnel File 18
Item 22 . Safety 19
Item 23 . Bill of Rights 19
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Item 24 . Drug and Alcohol Testing 19
Item 25. General Conduct 20
Item 26 . Entire Agreement 21
Item 27. Savings 21
Item 28 . Impasse Resolution 22
Item 29 . Term 22
Appendix A Dues Checkoff Form
Appendix B Alternative Impasse Resolution Procedure
Appendix C Letter of Understanding
Item 1. Recognition and Purpose of Agreement
This Agreement is made by and between the City of Elgin
(herein called "City") and Local #439, I .A.F.F. (herein called
"Association") for and on behalf of all full-time Firefighters
and Fire Lieutenants employed by the City, and sets forth the
wages, hours and other terms and conditions of employment for
the period January 3, 1988 to December 29, 1990 . Each employee
represented by the Association will receive a copy of this
Agreement.
The City recognizes the Association as the sole and exclu-
sive bargaining representative for all full-time employees
holding the official rank of Firefighter and Fire Lieutenant .
It is the intent and purpose of this Agreement to set
forth the parties ' entire agreement with respect to the rates
of pay, hours of employment, fringe benefits, and other condi-
tions of employment that will be in effect during the term of
this Agreement for employees covered by this Agreement; to
prevent interruptions of work and interference with the opera-
tions of the City; to encourage and improve efficiency and
productivity; and to provide procedures for the prompt and
peaceful adjustment of grievances as provided herein.
Item 2 . Gender Clause
The use of the masculine pronoun throughout this Agreement
has been adopted by the parties for clerical convenience and
shall in all instances include the feminine gender as well as
the masculine.
Item 3 . Management Responsibilities
The City shall retain the sole right and authority to
operate and direct the affairs of the City and the Fire
Department in all its various aspects , including, but not
limited to, all rights and authority exercised by the City
prior to the execution of this Agreement, except as modified in
this Agreement . Among the rights retained 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 over-
time, 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, disci-
pline, 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 provi-
sions of this Agreement . Any matters within the jurisdiction
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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 4 . Non-Interruption of Work
The Association, its officers and agents, and the
employees covered by this Agreement agree not to instigate,
promote, sponsor, engage in, or condone any strike, slowdown,
concerted stoppage of work, or any other intentional inter-
ruption 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 Agree-
ment as a result of a labor dispute with the Association.
Item 5 . Dues Checkoff and Fair Share
During the term of this Agreement, all non-probationary
employees covered by this Agreement who are members of the
Union shall be required to pay Union dues . Employees are not
required to join the Union as a condition of employment, but
non-probationary employees shall, during the term of this
Agreement, pay a service fee in an amount not to exceed the
Union dues for the purpose of administering the provisions of
this Agreement.
Upon receipt of a voluntarily signed written dues author-
ization card from an employee covered by this Agreement, the
City shall during the term of this Agreement deduct the uniform
bi-weekly Union dues of such employees from their pay and remit
such deductions to the Treasurer of the Union. A copy of the
dues checkoff authorization to be used during the term of this
Agreement is attached as Appendix A.
During the term of this Agreement, in the event a non-
probationary employee covered by this Agreement does not
voluntarily sign a written dues checkoff authorization, the
City, after being requested to do so in writing by the Union,
shall commencing thirty (30) days after successfully completing
their probationary period or thirty (30) days after the effec-
tive date of this Agreement, whichever is later, make an
involuntary deduction from the pay of the employee of the
employee ' s proportionate share of the service charge to
administer this Agreement in an amount that does not exceed 85%
of the uniform bi-weekly Union dues and shall remit such
deduction to the Treasurer of the Union. Upon written request
from the City, the Union shall submit prior to the start of the
payroll year , an affidavit which specifies the amount which
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constitutes a non-member' s proportionate share of the cost of
administering this Agreement. The amount certified by the
Union shall not include any cost for contributions related to
the election or support of any candidate for political office
or for any member-only benefit.
The Union agrees to assume full responsibility to insure
full compliance with the requirements laid down by the United
States Supreme Court in Chicago Teachers Union v. Hudson, 105
U.S. 1066 (1986) , with respect to the constitutional rights of
fair share fee payors. Accordingly, the Union agrees to do the
following :
1. Give timely notice to fair share fee payors of the amount
of the fee and an explanation of the basis for the fee,
including the major categories of expenses, as well as
verification of same by an independent auditor .
2. Advise fair share fee payors of an expeditious and
impartial decision making process whereby fair share fee
payors can object to the amount of the fair share fee.
3 . Place the amount reasonably in dispute into an escrow
account pending resolution of any objections raised by
fair share fee payors to the amount of the fair share fee.
It is specifically agreed that any dispute concerning the
amount of the fair share fee and/or the responsibilities of the
Union with respect to fair share fee payors as set forth above
shall not be subject to the grievance and arbitration procedure
set forth in this Agreement .
Non-members who object to this fair share fee based upon
bona fide religious tenets or teachings shall pay an amour,c
equal to such fair share fee to a non-religious charitable
organization mutually agreed upon by the employee and the
Union. If the affected non-member and the Union are unable to
reach agreement on the organization, the organization shall be
selected by the affected non-member from an approved list of
charitable organizations established by the Illinois State
Labor Relations Board and the payment shall be made to said
organization.
Indemnification. The Union shall indemnify and hold harmless
the City, its elected representatives, officers, administra-
tors, agents and employees from and against any and all claims ,
demands, actions, complaints, suits or other forms of liability
(monetary or otherwise) that rise out of or by reason of any
action taken or not taken by the City for the purpose of
complying with the provisions of this Article, or in reliance
on any written checkoff authorization, affidavit, or list
furnished under any of such provisions .
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Item 6 . Duties of Employees
Section a . Duties. Employees covered by the terms of this
Agreement shall be required to perform those duties assigned to
them as described in each appropriate employee assigned posi-
tion description, as may be in effect from time to time, or as
established in Chapter 2.40 (sections . 060, 2. 30 and 3 . 00) of
the Elgin Municipal Code.
Section b. Subcontracting. The City reserves the right to i
contract out any work it deems necessary in the interest of
efficiency and economy, and in emergency situations . No
employee shall be laid off as a result of any decision by the
City to subcontract any work performed by employees covered by
this Agreement .
Item 7 . Notice of Medical Treatment
If a Fire Department supervisor is notified that an
employee has provided emergency care or life support services
to a patient who is suspected of having or has been diagnosed
as having , a dangerous communicable or serious infectious
disease, the employee shall be immediately notified. The costs
for any related medical examination and/or other diagnostic
tests for the employee in question shall be paid by the City.
Costs for treatment, if any, shall be in accordance with either
Worker ' s Compensation or the health plan selected by the
employee pursuant to Item 16 .
Item 8 . Salary Range
Section a . Rate Review. The beginning Firefighter shall start
at step one of the salary range as reflected in Item 9 . He
will be eligible to advance to step two of the Firefighter pay
range after six (6) months employment and will be eligible to
advance to further steps in said pay range at twelve (12) month
increments thereafter until reaching the range maximum.
The beginning Fire Lieutenant will start in a salary range
as reflected in Item 9 , which shall be one (1) step above the
maximum pay step of the Firefighter ' s salary range and will be
eligible to advance to the top of the salary range only after
attaining full certification as a Fire Officer I and a "fully
successful" performance evaluation by the Fire Chief or his
designee.
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If at the time of promotion, the employee already has a
Fire Officer I certification, he will advance to top salary
range upon completion of the promotional probation period and a
"fully successful" performance evaluation by the Fire Chief or
his designee.
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 shall be to a salary level one (1) step above
the maximum step of the salary range of the position occupied
by the Firefighter prior to the promotion. This promotion
policy will apply to the Firefighter regardless of the salary
step occupied by the employee prior to the promotion.
Item 9 . 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:
Position I II III IV V VI
Firefighter 2491 2589 2703
Fire Lieutenant 2797 2921 3041
Effective January 1, 1989, the salary ranges for employees
covered by this Agreement shall be:
Position I II III IV V VI
Firefighter 2693 2811
Fire Lieutenant 2909 3038 3163
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Effective December 31, 1989 , the salary ranges for
employees covered by this Agreement shall be:
Position 1 II III, IV V VI
Firefighter 2923
Fire Lieutenant 3025 3160 3290
,Section b. New Firefighter Salary Ranges . All Firefighters
hired after July 17, 1985, 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 1 11 III 1V V V1
Effective Jan. 3 , 1988 2027 2162 2298 2433
Effective Jan. 1, 1989 2108 2249 2389 2530 2670
Effective Dec. 31, 1989 2192 2338 2485 2631 2777 2923
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 Sections a . and b. above which are effec-
tive the first payroll period following ratification. Payment
shall be on an hour for hour basis for all regular hours
actually worked since January 3 , 1988, including all hours of
paid leave, holiday additional pay or overtime hours between
January 3 , 1988 and the first payroll period following
ratification.
Section d . Cost of Living Protection.
The foregoing salary ranges effective December 31, 1989 ,
shall be adjusted upward or downward as hereinafter provided if
the Consumer Price Index for Urban Wage Earners and Clerical
Workers--Chicago (1982-84=100) ("CPI" ) for the month of
November, 1989 has increased one full percent or more above 5%
or decreased one full percent or more below 3% over the
preceding CPI for the month of November, 1988 . The cost of
living adjustments shall be calculated on the following basis :
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(1) For each full one percent (1%) increase in the CPI
between November, 1988 and November, 1989 above five
percent (5%) up to a maximum increase in the CPI of
seven percent (7%) there shall be a salary increase
calculated by multiplying each full one percent (1%)
increase above five percent (5%) by 0.75. Example:
If the CPI between November, 1988 and November, 1989
increases 7 . 1%, the foregoing salary ranges
effective December 31, 1989 , shall be increased by
one and one-half percent (2% x .75 = 1. 5%) .
(2) For each full one percent (1%) increase in the CPI
between November, 1988 and November, 1989 below
three percent (3%) down to a minimum increase in the
CPI of one percent (1%) , there shall be a salary
decrease calculated by multiplying each full one
percent (1%) below two percent (2%) by 0 . 75 .
Example: If the CPI between November, 1988 and
November, 1989 increases 1. 9%, the foregoing salary
ranges effective December 31, 1989, shall be
decreased by three-quarters of one percent (1% x . 75
0 . 75%) .
Item 10 . Firefiahter/Paramedicsl Lieutenant/Paramedics and
Mechanics
Section a . Compensation. Effective July 1, 1988, all
Firefighter/Paramedics and Lieutenant/Paramedics who are
certified and assigned as Paramedics shall receive a stipend of
$25 . 00 per month. Effective January 1, 1989 , said stipend
should be increased to $50 . 00 per month. Effective December
31, 1989 , said stipend should be increased to $75 . 00 per month.
Section b. Opt Out Provisions if Number of EMT-P' s Exceeds
Number Established by the Fire Chief . The Fire Chief shall
establish the number of bargaining unit employees (including
the number of Lieutenants) assigned to shift work who must
maintain current paramedic certification and shall have the
right to revise said number from time to time, provided that
the Fire Chief ' s determination of the number or the revision of
such number shall not be made for arbitrary and unreasonable
reasons . The Fire Chief shall advise the Union President of
the number of employees who must maintain current paramedic
certification and of any revision of such number. If the
number of employees who have paramedic certifications exceeds
the number that the Chief has established, employees up to the
number in excess of the number established by the Chief shall
have the right to be relieved of the requirement that they
maintain their paramedic certification, subject to the
following :
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(1) Employees shall notify the Fire Chief in writing of
their desire to decertify or assume inactive status .
(2) If the number of employees who request to decertify
or assume inactive status would result in the number
of paramedics dropping below the number established
by the Fire Chief, first preference shall be given
to employees who have a valid medical reason for
requesting decertification or assumption of inactive
status, and second preference shall be given to
Firefighter/Paramedics who have the greatest period
of service as a paramedic in the Elgin Fire Depart-
ment . Second preference shall be given to the
Lieutenant/Paramedics based on seniority as a
Lieutenant.
(3) Requests from Firefighter/Paramedics and Lieutenant/
Paramedics shall be separately considered in accord-
ance with the foregoing .
Notwithstanding the foregoing, the Fire Chief shall grant
permission for good cause shown to decertify as a paramedic.
Section c. Mandatory Decertification. If insufficient
employees voluntarily decertify or assume inactive status under
Section b. , and should the number of employees who have para-
medic certifications exceed the number the Fire Chief has
established, the Fire Chief may order employees to either
decertify as a paramedic or to cease functioning as a paramedic
with the Elgin Fire Department, thereby forfeiting any addi-
tional compensation the employee would otherwise receive
pursuant to the provisions of this Agreement, provided that the
number of bargaining unit employees assigned to shift work who
are paramedics shall not be less than the number established by
the Fire Chief . If any employee elects not to decertify, but
merely to cease functioning as a paramedic in the Elgin Fire
Department and to forfeit additional compensation, any arrange-
ment necessary or costs incurred by such employee to maintain
his status as a paramedic shall be borne solely by the employee
and any time spent to maintain such status outside the
employee' s regularly scheduled hours of work shall not be
considered compensable time for any purpose. If the Fire Chief
orders any employees to decertify or cease functioning as a
paramedic pursuant to this section, the needs of the Department
shall be the controlling consideration; provided, however, that
the desires of an employee who is within one year of retirement
shall be given special consideration.
Section d . Mechanic Pay. Mechanics covered by this contract
shall receive a stipend of $700 ($58. 35 per month) per year in
addition to their base pay. Assignments shall be made on a
voluntary basis and application for the positions shall be
accepted from all interested employees .
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Item 11 . Hours of Work and Overtime
Section a . Application of This Article. This article is
intended to define the normal hours of work and provide the
basis for the calculation and payment of overtime and shall not
be construed as a guarantee of hours of work per day or per
week, or guarantee of days of work per week.
Section b. Normal Work Period. Unless otherwise provided
herein, the work period shall normally be an average 56-hour
week, consisting of 24 consecutive hour work shifts with 48
consecutive 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 assigned work shall receive
a minimum of two (2) hours compensation, or his actual time,
whichever is greater, at one and one-half (1-1/2) times his
straight-time rate of pay.
Section e. No Pyramiding . Compensation shall not be paid more
than once for the same hours under any provision of this
Article of Agreement .
Section f . Light Duty Pool . The City may require an employee
who is on worker ' s compensation leave (as opposed to disability
pension) to return to work, on a 40-hour work week basis, in an
available light duty assignment that the employee is qualified
to perform in the department or elsewhere in the City. The
assignment will be made after the City' s physician has reason-
ably determined that the employee is physically able to perform
the light duty assignment in question without significant risk
that such return to work will aggravate any pre-existing injury
and that there is a reasonable expectation that the employee
will be able to assume full duties and responsibilities within
six months . Employees assigned to the Light Duty Pool will be
compensated at the regular rate of pay.
An employee on extended sick leave may also request
assignment to light duty if available.
The City will not assign a Firefighter to the Light Duty
Pool elsewhere in the City if such assignment will violate the
terms of another collective bargaining agreement the City has
with another employee organization.
Nothing herein shall be construed to require the City to
create light duty assignments for an employee. Employees will
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only be assigned to light duty assignments when the City
determines that the need exists and only as long as such need
exists .
Item 12 . Training
Section a . Mandatory Training. Mandatory training is any
training that is considered essential to enable the employee to
function and carry out the duties required of his position.
Examples of such training are:
Recruit training for Firefighter II certification
Initial EMT-A certification
Initial EMT-P certification
Skills maintenance training
In addition to the above training, the Fire Chief may
select other training opportunities deemed necessary and they
will be considered as mandatory.
Section b. Voluntary Training . Employees that volunteer to
attend the Fire Department approved special training at the
National Fire Academy which necessitates being absent from
their normally scheduled tour of duty shall continue to receive
their regular compensation for the duration of the special
training. The Employer may pay all of the costs of such
special training and shall reimburse the employees for all
expenses incurred only when agreed upon in advance between the
Fire Chief and the employee. These employees will be assigned
to this training on a 40-hour week schedule. Other training
courses, seminars, or college level course work that an
employee may volunteer to attend in agreement with the Fire
Chief prior to attendance will be considered under the current
reimbursement policy.
Item 13 . Holidays and Personal Days
The employees covered by this Agreement are eligible for
eight (8) holidays and three (3) 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.
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 three (3) 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 and one-half (1-1/2) personal
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days. Personal leave days shall be scheduled and taken only on
days on which there is an available slot; provided, however,
one personal leave day may be taken on the date of the r
employee' s own choosing as long as notice is given to the Shift
Commander not later than the end of the employee' s last work
shift prior to the date that the employee will be taking off
(i .e. , 48 hours ' notice) , with the understanding that if the
City is unable to obtain a qualified hireback and as a result
the staffing level would be less than the City desires, the
employee will not be permitted to take the personal leave day m
off on said date.
Section b. Holiday/Remuneration. Employees shall receive
holiday compensation at his 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
straight-time hourly rate on an hour-to-hour basis for all
hours actually worked in addition to the callout provisions of
Item 11, 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 during the
payroll year and shall not be carried over to the succeeding
payroll year; provided, however, that if an employee elects to
receive holiday compensation time for Veteran' s Day, Thanks-
giving Day and/or Christmas Day, such time, if unused, may be
carried over to May 31 of the next year . Employees electing to
exercise this option shall notify the Fire Chief or his
designee prior to said holiday.
,Section d. Personal Day Conversion. An employee eligible for
personal days but not desiring to use one of them may, upon
written request to the Fire Chief prior to December 1st of a
year, convert one personal day into a cash payment . Such
payment shall be equal to his straight-time hourly rate of pay
times twelve (12) or twenty-four (24) hours to be included with
a paycheck issued within thirty (30) days following the written
request . If an employee prior to the date on which this
Agreement was ratified by both parties had already cashed in
two personal leave days for the year 1988, the employee will
not be permitted to take a personal leave day during 1988 on
short notice unless the employee pays back to the City the
compensation he received for one of the two days in question.
Section e. Slot for Personal Leave and Holiday Compensation
Time. Effective upon ratification of this Agreement by both
parties, up to four slots on the work schedule, if available,
may be used to schedule personal leave days and holiday
compensation time.
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Item 14 . Vacation
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
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 accumulated sick leave. The employee with
more than sixty (60) accrued twelve (12) hour sick days, which
equals 720 hours , may convert three (3) 12-hour days of sick
leave for one (1) additional 12-hour period of vacation. Such
conversion shall be for a maximum of five (5) additional
12-hour periods of vacation in any one year, and may not
decrease the remaining accrual of sick leave below the base
accumulation of sixty (60) 12-hour sick days . Scheduling of
any such increased vacation shall be done only after the
determination of the vacation schedules for all other employees
in the department .
Section d . Scheduling. Vacations shall be scheduled insofar
as practicable at times most desired by each employee, in
increments of one (1) shift or more, with the determination of
preference being made on the basis of an employee' s length of
continuous service. It is expressly understood that the final
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right to designate the vacation period and the maximum number
of employees who may be on vacation at any one time is exclu-
sively reserved by the Fire Chief in order to insure the
orderly performance of the services provided by the City.
Item 15. Sick Leave
Employees covered by this Agreement shall earn sick leave
by accumulating the equivalent of one (1) 12-hour sick day for
each full month of continuous service. Employees may accumu-
late 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 is on "leave
without pay" ; absent "without leave" ; or extending out accrued
vacation hours upon retirement .
Section b. Disability. Any employee who is ill or physically
unable to perform his duties and has used all his accumulated
sick leave and vacation leave shall be placed on a disability
leave for a period of 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 Department medical evidence
satisfactory to the City that the employee is capable of
returning to work and resuming his normal duties .
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Section c. In-iury or Surgery. Employees who are absent from
work because of a severe injury or surgery must present a
written statement by a physician certifying that the employee
is capable of returning to work and resuming his full duties .
This statement must be brought to the Personnel Department
before the employee is allowed to return to work.
Section d. Conversion. In recognition of non-use of sick
leave, employees may convert accumulated sick leave for
additional vacation leave or for severance pay. Such con-
version 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 addi-
tional vacation or severance pay, the remaining
balance of unused sick leave may not total less than
the required base accumulations of 60 or 90 twelve
(12) hour sick days .
Item 16. Group Hospitalization and Life 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
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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 .
Effective June 1, 1988, the deductible amounts will be
increased to $200 and $600 for employee and dependent coverage,
respectively, and major medical coverage is increased to
$500, 000 .
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 an HMO plan a monthly
amount equal to that provided for the City' s basic compre-
hensive major medical insurance plan. Any costs for HMO
participation over this prescribed monthly amount will be paid
by the employee.
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. 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 .
Section e. Life Insurance. The City shall provide each
employee covered by this Agreement, who has been employed
full-time for thirty (30) days or more, with a $12, 500 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 nor
the Association shall themselves be obligated to pay any
insurance benefit provided under this item directly to
employees or their dependents or beneficiaries .
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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 17 . 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 allowance of $200 with equal payments being issued
during January and July of each year.
Item 18. Separation Pay
All regular employees separating from the City service in
good standing are eligible for payment of all accrued vacation
hours and severance pay pursuant to Item 15, Section d(2) .
Item 19 . Death of an Employee
Upon the death of an employee, the employee' s spouse,
legal heir, or executor of his estate shall receive compensa-
tion for all unused vacation leave, all eligible severance pay
pursuant to Item 18 above and the balance of the pay period ' s
compensation of the period in which the employee died.
Item 20 . 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 dis-
cussion 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
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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.
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 appro-
priate 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 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 arbitra-
tor, they shall jointly request the Federal
Mediation and Conciliation Service to submit a
panel of five (5) arbitrators . The Associa-
tion 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
• - 18 -
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 con-
sider 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 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 21 . Access to Personnel File
Upon reasonable request, an employee shall have the right
to review the non-confidential documents in his personnel file,
departmental as well as central, provided that no documents in
an employee ' s file shall be marked or altered. In the event
the City refuses to allow review of confidential documents, the
employee will be advised of the general nature of the documents
and basis of the confidential classification.
•
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Effective 30 days after this Agreement is ratified by both
sides, an employee shall be notified when adverse material is
placed in his personnel file and the employee shall have the
right within 30 days thereafter to submit a response to any
such adverse material. An employee may request that a copy of
any of the non-confidential documents in his personnel file be
copied. If such a request is made, the employee shall reim-
burse the City for the reasonable cost of copying any such
documents (not to exceed the charges the City assesses for
Freedom of Information Act requests) . Nothing herein shall
require the City to collate or compile any information.
Item 22. Safety
A Safety Committee composed of two persons designated by
the Fire Chief and two persons designated by the Union shall
meet monthly upon request for the purpose of discussing matters
of mutual concern relating to safety issues. The Safety
Committee, or a minority thereof, may make written recom-
mendations concerning safety issues to the Fire Chief or Acting
Chief, but such recommendations shall be advisory only. Within
fourteen (14) calendar days of receipt of the report from the
Safety Committee, or a minority of the Committee, the Fire
Chief or his designee shall set forth in writing his response
to the report and recommendations . Matters subject to review
by the Accident Review Board shall not be subject to review by
the Safety Committee for the purpose of determining cause or
disciplinary action.
Item 23 . Bill of Rights
Nothing in this Agreement shall be construed to preclude
the applicability of the Firefighter Bill of Rights as set
forth in Illinois Revised Statutes, Chapter 85, § 2501, et
seq. , but said Bill of Rights shall not be incorporated herein
by reference.
Item 24 . Drug and Alcohol Testing
The City may require an employee to submit to urine and/or
blood tests if the City determines there is reasonable
suspicion for such testing . Upon request, the City shall
provide any employee who is ordered to submit to any such test
with a written statement of the basis for the City' s reasonable
suspicion within 48 hours of the request . There shall be no
random testing .
The City shall use only licensed clinical laboratories for
such testing and shall be responsible for maintaining a proper
chain of custody. The taking of urine samples shall not be
witnessed unless there is reasonable suspicion to believe that
the employee is tampering with the testing procedure. If the
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first test results in a positive finding, a confirmatory test
(GC/MS or a scientifically accurate equivalent) shall be
conducted. An initial positive test result shall not be
submitted to the City unless the confirmatory test result is
also positive as to the same sample. If the City, contrary to
the foregoing, receives the results of a positive first test
which is not confirmed as provided above, such information
shall not be used in any manner adverse to the employee. Upon
request, the City shall provide an employee with a copy of any i
test results which the City receives with respect to such
employee.
A portion of the tested sample shall be retained by the
laboratory so that the employee may arrange for another
confirmatory test (GC/MS or a scientifically accurate
equivalent) to be conducted by a licensed clinical laboratory
of the employee ' s choosing and at the employee' s expense.
Voluntary requests for assistance with drug and/or alcohol
problems (i .e. , where no test has been given pursuant to the
foregoing provisions) shall be held strictly confidential by
the Employee Assistance Program and the Fire Department shall
not be informed of any such request or any treatment that may
be given. Additionally, if an employee tests positive in the
testing procedure as outlined herein, the employee may be
advised and required to seek assistance through the Employee
Assistance Program or, if the circumstances warrant, may be the
recipient of appropriate disciplinary action, which may include
discharge. If the same employee tests positive a second time,
the test results shall be submitted to the City for appropriate
disciplinary action, which may include discharge.
Use of proscribed drugs at any time while employed by the
City, abuse of prescribed drugs, as well as being under the
influence of alcohol or the consumption of alcohol while on
duty, shall be cause for discipline, including termination,
subject to confirmation by the Elgin Board of Fire and Police
Commissioners . While all such disciplinary issues shall be
subject to the exclusive jurisdiction of the Elgin Board of
Fire and Police Commissioners, all other issues relating to the
drug and alcohol testing process (e.g . , whether there is
reasonable suspicion for ordering an employee to undertake a
test, whether a proper chain of custody has been maintained,
etc. ) may be grieved in accordance with the grievance and
arbitration procedure set forth in this Agreement .
Item 25 . 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 Statues, the Manual of the Elgin Fire
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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 excluding standard operating
procedures and codes of the Elgin Fire Department, the Associa-
tion will receive a five (5) day written notice.
Item 26 . Entire Agreement
This Agreement, upon ratification, supersedes all prior
practices and agreements, whether written or oral , unless
expressly stated to the contrary herein, constitutes the com-
plete and entire agreement between the parties, and concludes
collective bargaining for its term unless otherwise expressly
provided herein.
The City and the Union, for the duration of this Agree-
ment, 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, including the impact of the
City' s exercise of its rights as set forth herein on wages,
hours or terms and conditions of employment . This paragraph
does not waive the right to bargain over any subject or matter
not referred to or covered in this Agreement which is a
mandatory subject of bargaining and concerning which the City
is considering a change during the term of this Agreement .
Item 27. 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 Agree-
ment . 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.
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Item 28. Impasse Resolution
Upon the expiration of this Agreement, the remedies for
the resolution of any bargaining impasse shall be in accordance
with the Alternative Impasse Resolution Procedure attached as
Appendix B and incorporated herein by reference.
Item 29 . Term
The Agreement shall be effective as of the 3rd day of
January, 1988 and shall remain in full force and effect until
the 29th day of December, 1990. 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 there-
after if applicable. Notwithstanding the expiration date set
forth above, this entire Agreement shall remain in full force
and effect during the period of negotiations and until a
successor agreement is ratified by both parties.
EXECUTED THIS day of , 1988 after approval
by the City Council, City of Elgin, and after ratification by
this Association membership.
FOR THE CITY,
di a(
Attest: By.
City Clerk CitA anager
FOR THE ASSOCIATION,
A B /. ��.
Secretary P
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:
TNeeutesiteffateoa41
• • e •
9Aereu
AFFILIATED WITH AFL-CIO -• CLC V
3
USA
4
Gary Salvador Terence M. Bruce
PRESIDENT SECRETARY
550 Summit St. Fire St. 1 650 Big Timber Fire St. 2
ADDRESS ADDRESS
local No. 1-n9 Elgin, IL 60120 Elgin. IL 6012
CITY STATE CITY STATE
May 16. 1988
DATE
During our negotiations, the City and Association reached certain understandings
concerning our agreement. These understandings are relied upon and mutually
agreed to by both parties, and will be used concerning the decision of accep-
tance by the City Council and Association's members.
1. Duties of Employees: Union agreed to current wording for job description
for Firefighters and Lieutenants. City also agreed to pass out individual job
description sheets to each employee.
2. Rate Review: In the event that a Lieutenant is unable to achieve Fire
Officer 1 certification within 2 years from the date of his promotion due
to extenuating circumstances he will advance to top pay of his salary range and
be given a 2 year extension in which to complete the program.
3. Personnel Files: Confidential files are third party files which are not job
related. These files could consist of references which may be included in ori-
ginal job applications or results of polygraph exams.
4. Vacations, Holiday Compensation Time, and Personal Days: City stated they
will allow three employees covered by this agreement off on vacation at any
time. Time off under these categories will not be affected by employees off
on sick time, workers compensation, or Department related programs or training.
City also stated that time off for Captains and Deputy Chiefs will not affect
time for for Firefighters and Lieutenants.
5. Training: If employee was away for a week or longer while assigned to a
40 hour work week for training, then the employee is guaranteed at least 1
day off prior to returning to his regular shift assignment. Examples could
include; employee returns home Friday afternoon he would receive either the
rest of his shift day off on Friday or entire shift day off Saturday before
returning to his regular shift duty.
6. Discipline: City agreed that a day of discipline will be considered 12
hours off.
#155
7. Fully Successful : This item will not affect anyone under the terms of
this contract until such time as the Association and the Fire Department
Administration mutually agree on the evaluation process.
8. Assigned as Paramedics: Under Item 10, section a; assigned as Paramedics
is understood to he any employee who is a Paramedic (within the number set by
the Fire Chief as in section b) and is not determined by equipment assignment
on the job.
FOR THE CITY,
, II
V 7L
•
FOR THE ASSOCIATION,
VIP
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