88-0901 EPD Z%- oct
AGREEMENT
Between
CITY OF ELGIN
And
UNIT #54
POLICEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION
1988 - 1990
TABLE OF CONTENTS
Page
Preamble
Item 1 . Recognition 1
Item 2 . Management Responsibilities 1
Item 3 . Non-Interruption of Work 1
Item 4 . Wages 2
Item 5 . Hours of Work and Overtime 3
Item 6 . Life Insurance 4
Item 7 . Holidays 5
Item 8 . Uniform Allowance 6
Item 9 . Vacations 7
Item 10 . Sick Leave 7
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 14
Item 16 . Savings 14
Item 17 . Board of Fire and Police Commissioners 14
Item 18 . Checkoff 15
Item 19 . Subcontracting 16
Item 20 . Use of Police Officers , Auxiliary Police 16
Officers and Community Service Officers
Item 21 . Light Duty Pool 17
Item 22 . Drug and Alcohol Testing 18
Item 23 . Impasse Resolution 19
Item 24 . Term 20
Appendix A
Appendix B
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 3 , 1988 through December
29 , 1990 . 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 exclu-
sive 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.
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 interrup-
tion of operations . Any or all employees who violate any of the
1
provisions of this Article may be discharged or otherwise
disciplined by the City in accordance with the procedures of the
Elgin Board of Fire and Police Commissioners . The City will not
lock out any employees during the term of this Agreement as a
result of a labor dispute with the Association; however, this
provision shall not apply to a reduction in the work force or
layoffs.
Item 4 . Wages
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 employ-
ment and will be eligible to advance to further steps in said
salary range at twelve (12) month increments thereafter until
reaching the range maximum.
Effective the beginning of the next payroll period immedi-
ately 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
2105 2244 2385 2521 2654 2806
25260 26928 28620 30252 31848 33672
Effective January 1 , 1989 , the base range of employees
covered by this Agreement shall be :
I II III IV V VI
2155 2334 2480 2622 2760 2918
25860 28008 29760 31464 33120 35016
Effective December 31 , 1989 , the base range of employees
covered by this Agreement shall be:
I II III IV V VI
2205 2344 2580 2727 2871 3035
26460 28128 30960 32724 34452 36420
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
2
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. 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 3 , 1988 . Included in regular hours
compensated shall be all paid leave, overtime hours and holiday
additional hours .
Item 5 . Hours of Work and Overtime
Section a . Application of This Article. This article is
intended to define the normal hours of work and provide the
basis for the calculation and payment of overtime and shall not
be construed as guarantee of hours of work per day or per week,
or guarantee of days of work per week.
Section b. Normal Work Period. The normal work period of
employees assigned to work on a twenty-four (24) hour shift
operation (herein called "shift employees") , shall not exceed
fourteen (14) days. The normal work hours shall be based on an
average forty-one and one-quarter (41 1/4) hour work week
consisting daily of an average eight (8) hour shift assignment
and an average one-quarter (1/4) hour training period. The
normal work period of all other employees (herein called "non-
shift employees") shall not exceed fourteen (14) days with
normal work hours based on an average forty (40) hour work week.
Section c. Overtime Pay. Employees covered by this
Agreement shall be paid one and one-half times their straight-
time hourly rate of pay based on a forty-one and one-quarter (41
1/4) hour average workweek for all time in excess of twenty (20)
minutes following the regularly scheduled workday or for court
calls during non-scheduled work periods .
For purposes of overtime pay calculations only, the regu-
larly scheduled workday for shift employees shall terminate
eight and one-quarter (8 1/4) hours after the employee is
scheduled and required to report for duty. The regularly
3
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.
The foregoing minimum of two (2) hours compensation for a
callout shall not be applicable where there is reason to call an
employee back to correct an error or omission which needs to be
done before the employee' s next scheduled shift. If the Associ-
ation believes that the City is arbitrarily and unreasonably
using this provision without sufficient justification, the
Association may grieve the matter. If an arbitrator upholds the
Association' s grievance, the provisions of this paragraph shall
not be implemented for the balance of the term of this Agree-
ment.
Section f. Biweekly Pay. The City shall continue its
current practice relating to paying employees biweekly, (i.e. ,
once every two weeks) ; provided that if the City determines that
changes are necessary, any such changes shall be reviewed with
the Association prior to implementation.
Section g. No Pyramiding. Compensation shall not be paid
more than once for the same hours under any provision of this
Article or Agreement.
Item 6 . Life Insurance
Effective the beginning of the first month immediately
following the ratification of this Agreement by both parties,
the City shall provide each employee covered by this Agreement
who has been employed full-time for thirty (30) days or more
with a paid $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, nor
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the Association, shall themselves be obligated to pay any
insurance benefit provided under this Item directly to employees
or their dependents or beneficiaries.
The City retains the right to change insurance carriers or
otherwise provide for coverage (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 eleven (11) days considered as holidays: New Year ' s
Day; President' s Day (third Monday in February) ; Easter Sunday;
Memorial Day; Independence Day; Labor Day; Columbus Day; Veter-
an' s Day; Thanksgiving Day; the afternoon four (4) hours on
Christmas Eve; Christmas Day; and the afternoon four (4) hours
on New Year' s Eve.
Section a . Observance. The standard observance of recog-
nized 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 ob-
served as the holiday; or when a holiday falls on a Saturday,
the preceding Friday shall be observed as the holiday, except as
provided in Section b. of this Item.
Section b. Christmas and New Year' s Eve. In order to
implement the one-half (1/2) day holiday on Christmas Eve
(December 24) and New Year' s Eve (December 31) , non-shift
employees shall be entitled to the following holiday provision
depending on the day of the week on which Christmas Eve and New
Year' s Eve falls:
Day of 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
5
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 provi-
sions 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 of $500
with payments in January and July of $250 .
Section a . Duty Damaged Clothing and Equipment. All
employees covered by this Agreement shall be eligible for
reimbursement by the City for damages incurred in the line of
duty to clothing, authorized uniforms , and/or police equipment.
Reimbursement may, at the option of the City, be in the form of
a voucher payment for the actual replacement value of the
damaged items; the replacement of the item; the repair of the
item when such repair is appropriate; or a voucher payment to
cover the reasonable value of the item. The eligibility of
items for replacement or repair due to damage, the extent of
damages to any particular item, and the method by which damages
may be reported and subsequently claimed shall be determined
solely by the Chief of Police or his designee. Normal wear and
tear of clothing, uniforms and equipment is not covered under
this section.
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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 sixth (6th) Two (2) weeks -
anniversary 80 hours
Seventh (7th) year to Three (3) weeks -
thirteenth (13th) anniversary 120 hours
Fourteenth (14th) 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.
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:
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- Personal illness or injury
- Illness or death of a member of the immediate family,
necessitating the absence of the employee from his/her
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 atten-
dance 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 bereave-
ment or on-the-job injuries shall not be charged as an occur-
rence. 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.
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 addi-
tional 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
8
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 of 160 hours upon separa-
tion.
3) In the process of converting sick leave to addi-
tional vacation or severance pay, the remaining
balance of unused sick leave may not total less
than the required base accumulations of 60 or 90
days.
Section c. Disability. Any employee who is ill or physi-
cally 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 continue 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 return-
ing 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.
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 occur-
rence 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.
Section f. Sick Leave Occurrence Program. The sick leave
occurrence program, except as modified herein, shall be adminis-
tered in accordance with the General Order dated December 17,
1985 . If the City desires to make any changes or modifications
in said program, the City shall give the Association advance
notification and an opportunity to provide input to the City
prior to the effective dates of any changes or modifications.
The Association may file a grievance in accordance with the
provisions of Item 14 concerning the implementation of any
changes or modifications if the Association believes that such
changes or modifications are arbitrary and capricious .
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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 his/her 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.
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 100% 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
10
will be terminated. The right of a retiree to continue coverage
under the provisions of this Item shall terminate when the
retiree (1) reached the age of 65 , (2) becomes eligible for
Medicare, or (3) on the effective date of group medical coverage
at a new place of employment, whichever occurs earlier.
Section d. Medical Insurance 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.
Section e. Medical Examinations . The City will offer to
police officers a program of periodic medical examinations.
Such voluntary examinations will be conducted, at a minimum, on
two and four year cycles, depending on the officer' s age and
physical condition. The cost of such examinations will be borne
by the City. The Association agrees that the voluntary medical
examination program is not subject to Item 14 of this Agreement.
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 discussion
between the employee and the Direct Supervi-
sor. The Direct Supervisor shall answer
verbally within seven (7) calendar days of
this discussion.
STEP 2 : Appeal to Deputy Chief. If the grievance is
not settled in Step 1 , the aggrieved employee
within seven (7) calendar days following
receipt of the Direct Supervisor' s answer
shall file with the Deputy Chief for Opera-
tions 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
11
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 Associa-
tion representative, if so requested by the
employee, will discuss the grievance at a
mutually agreeable time with the Deputy
Chief, or his designee. The Deputy Chief for
Operations, or his designee, shall give a
written answer in seven (7) calendar days
after receipt of the written grievance. If
the grievance is denied, the specific reason
or reasons shall be set forth.
STEP 3 : Appeal to Chief. If the grievance is not
settled in Step 2 and the aggrieved employee
and the Association decide to appeal, the
Association shall, within seven (7) calendar
days from receipt of the Step 2 answer, file
with the Chief an appeal signed by the
aggrieved employee and the appropriate
Association representative. The Association
representative and the Chief, or his
designee , will discuss the grievance at a
mutually agreeable time. If no agreement is
reached in such discussion, the Chief, or his
designee, will give his answer in writing
within seven (7) calendar days of the discus-
sion. 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
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
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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 Associ-
ation 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/her selection by a joint
letter from the City and the Association
requesting that he/she 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 Agree-
ment. He/she shall consider and decide only
the specific issue (s) submitted to him/her
and his/her opinion shall be based solely
upon his/her interpretation of the meaning or
application of the terms of this Agreement to
the facts of the grievance presented. Where
the parties mutually agree in writing, more
than one grievance may be submitted to the
same arbitrator. The decision of the arbi-
trator shall be final and binding. The costs
of the arbitration proceeding, including the
fee and expenses of the arbitrator, shall be
borne equally by both parties; provided,
however, that each party shall be responsible
for compensating its own attorneys, represen-
tatives, 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.
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.
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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 opportu-
nity 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 Agree-
ment, 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, unenforce-
able, or not in accordance with applicable statutes or ordinanc-
es , 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.
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 Depart-
ment in accordance with applicable law. Nor shall this Agree-
ment 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.
14
Item 18. Dues Checkoff and Fair Share
During the term of this Agreement, all employees covered by
this Agreement who are members of the Union shall be required to
pay Union dues. During the term of this Agreement, employees
are not required to join the Union as a condition of employment,
but any such employees shall, commencing thirty (30) days after
being employed or thirty (30) days after ratification of this
Agreement by both parties , whichever is later, pay a service fee
in an amount not to exceed 85 percent of 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 an 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 being employed or thirty (30) days after ratification of
this Agreement by both parties , whichever is later, make an
involuntary deduction from the pay of the employee of the
employee' s proportionate share of the service charge to adminis-
ter 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 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 mem-
ber-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.
15
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 amount
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 select-
ed by the affected non-member from an approved list of charita-
ble organizations established by the Illinois State Labor
Relations Board and the payment shall be made to said organiza-
tion.
Indemnification. The Union shall indemnify and hold
harmless the City, its elected representatives, officers,
administrators, 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.
Item 19. Subcontracting
The City reserves the right to 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 20 . Use of Reserve Police Officers, Auxiliary Police
Officers and Community Service Officers
During the term of this Agreement, the City will not
utilize Reserve Police Officers , Auxiliary Police Officers or
16
Community Service Officers to permanently replace employee
positions covered by this Agreement in performing basic beat
patrol functions and duties.
Nor shall such persons be utilized beyond their current
duties and assignments for the purpose of reducing overtime
opportunities for employees covered by this Agreement, with the
understanding that periodic training assignments shall not be
deemed as reducing overtime opportunities.
Item 21. Light Duty Pool
The City may require an employee who is on extended sick
leave or 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 Police Department (e.g. , maintaining records,
working behind the desk, MID, community relations, communica-
tions, etc. ) if the assignment is reasonable and not demeaning
in nature or elsewhere in the City if the employee voluntarily
consents to such assignment. The assignment will be made after
the City' s physician has reasonably 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, taking into considera-
tion medical opinions provided by the employee' s physician.
Employees assigned to the Light Duty Pool will be compensated at
the regular rate of pay.
An employee on extended sick leave (including employees who
would otherwise take pregnancy leave) may also request assign-
ment to light duty if available.
The City will not assign an employee 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
only be assigned to light duty assignments when the City deter-
mines that the need exists and only as long as such need exists,
provided that where the City determines that the need exists,
light duty assignments will be done on a fair and equitable
basis.
17
Item 22. 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 suspi-
cion 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
first test results in a positive finding, a confirmatory test
(GC/MS or a scientifically accurate equivalent) shall be con-
ducted. 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 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 equiva-
lent) 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 Police 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
18
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 proce-
dure set forth in this Agreement.
Item 23. 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 Appen-
dix B and incorporated herein by reference.
Item 24. Term
Unless specifically provided otherwise, this Agreement
shall be effective as of the date it is ratified by both parties
and shall remain in full force and effect until the 29th day of
December, 1990 . 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 ' designat-
ed 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.
19
EXECUTED THIS 151 day of SE:Vf , , 1988
after approval by the City Council, City of Elgin, and after
ratification by the Association membership.
FOR THE CITY,
Attest:
By
City M. .ger
City Cl k
FOR THE ASSOCIATION,
Attest:
By
IN
% j}‘Ire s e n -e74
ecretary
20
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
supersede 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
P.B.P.A. , Unit #54 . 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 fol-
lows:
"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
Policemen' s Benevolent and Protective
Association, Unit #54 .
Signed:
Address :
APPENDIX .k
ALTERNATIVE IMPASSE RESOLUTION PROCEDURE
WHEREAS, the provisions of S 1614 (p) of the Act provide
that the parties may agree to submit their unresolved disputes
concerning wages , hours, terms and conditions of employment to
an alternative form of impasse resolution;
NOW, THEREFORE, based upon the mutual benefits and
consideration set forth herein, the receipt and sufficiency of
which for each party is hereby acknowledged, the City and the
Association agree to the following Alternative Impasse
Resolution Procedure :
section 1 . Authority for Agreement. The part es agree
that the statutory authority for this Agreement is S 1614 (p) of
the Illinois Public Labor Relations Act ("Act" ) . The parties
intend the provisions of this Agreement to represent and
constitute an agreement to submit to an alternative form of
impasse resolution any unresolved disputes concerning the
wages , hours , terms and conditions of employment of the
employees represented by the Association that are subject to
the negotiations for a successor Agreement.
section 2 . Selection of Arbitrator and Naming of Panel .
The parties agree that should it become necessary to submit
their unresolved disputes in negotiations to arbitration
- 2 -
L pursuant to § 1614 , they will engage in the arbitration of
impasses procedure described in the Act and the Rules and
Regulations of the Illinois State Labor Relations Board
("Board") , subject to the following :
(a) Service of Demand for Compulsory Interest
Arbitration: The parties agree that a Demand for
Compulsory Interest Arbitration filed by either
party upon the other prior to January 1, 1991 (or
prior to January 1 in any subsequent year if the
Agreement is automatically renewed) with respect to
the negotiations for a successor Agreement shall be
deemed to be a proper and timely demand as provided
in the Act and the Rules and Regulations of the
Board; further, that arbitration proceedings under
the Act and those Rules and Regulations shall be
deemed to have been initiated and commenced on the
date of service and filing of the Demand for
Compulsory Interest Arbitration;
(b) Arbitrator Selection Process . The parties agree
that notwithstanding the filing and service of any
Demand for Compulsory Interest Arbitration by the
Association, the selection of an arbitrator will be
delayed until such time as either party serves upon
the representative of the other, in writing by
- 3 -
certified mail, a demand that the arbitrator
1;
selection process be commenced. It is further
agreed that:
(i ) During this period of delay, the parties agree
to continue good faith collective bargaining
with the advice and assistance of the Mediator
from FMCS;
(ii ) Within seven (7) days of the receipt by the
other party of the written demand that
selection of an arbitrator begin, the
representatives of the parties shall meet and
attempt to mutually agree upon an arbitrator .
The parties agree that the arbitration
proceedings shall be heard by a single,
neutral arbitrator . Each party waives the
right to a three member panel of arbitrators
as provided in the Act;
(iii ) In the absence of agreement on a neutral
arbitrator, the parties shall file a joint
request with the American Arbitration
Association ("AAA") for a panel of seven (7)
arbitrators from which the parties shall
select a neutral arbitrator. The parties
agree to request the AAA to limit the panel to
- 4 -
members of the National Academy of
Arbitrators . Both the City and the
Association shall each have the right to
reject one panel in its entirety within seven
(7) calendar days of its receipt and request
that a new panel be submitted. The parties
agree to engage in the AAA's ranking process
for purposes of determining which of the seven
(7) arbitrators on the panel shall serve as
the neutral arbitrator . Each party shall have
fourteen (14) calendar days from the date the
panel list is received from the AAA to number
the names on the panel list in order of
preference and return the list to the AAA. In
accordance with the designated order of mutual
preference, the AAA shall invite the
acceptance of the arbitrator to serve. In the
event that the arbitrator declines or is
unable to serve, the AAA shall invite the next
arbitrator in designated order of mutual
preference to so serve. In the event that he
declines or is unable to serve, the parties
agree to jointly request a new panel of seven
(7) arbitrators from the AAA and commence the
selection process anew. It is further agreed
that the AAA's role and participation in the
- 5 -
arbitration process shall be strictly limited
to providing the panel(s) and administering
the selection process . Once an arbitrator has
been selected by means of the parties ' ranking
of the members of the panel, the AAA's
participation in the arbitration proceedings
shall be terminated. The parties shall divide
equally any costs associated with the AAA
administering the selection process . The
parties shall inform the AAA of this limited
role by joint letter at the time the first
panel is requested;
(iv) The parties shall jointly communicate and
coordinate all remaining aspects of the
arbitration (including but not limited to
scheduling of hearings, requests for issuance
of subpoenas and the submission of
post-hearing briefs) directly with the neutral
arbitrator in the manner prescribed in the Act
and the Rules and Regulations of the Board.
(c) Issues in Dispute and Final Offers . Within seven
(7) calendar days of the service of a demand that
the arbitrator selection process commence, the
representatives of the parties shall meet and
develop a written list of those issues that remain
- 6 -
in dispute. The representatives shall prepare a
Stipulation of Issues in Dispute for each party to
then execute and for submission at the beginning of
the arbitration hearing . The parties agree that
only those issues listed in the Stipulation shall be
submitted to the arbitrator for decision and award.
It is further agreed that :
(i) Each party retains the right to object to any
issue on the grounds that the same constitutes
a non-mandatory subject of bargaining;
provided, however, that each party agrees that
it will notify the other of any issue that it
regards as a non-mandatory subject of
bargaining not later than two weeks after the
first negotiation meeting where the issue is
substantively discussed. Should any disputes
arise as to whether a subject is a mandatory
subject of bargaining, the parties agree to
cooperate in obtaining a prompt resolution of
the dispute by the Board pursuant to the Act
and the Rules and Regulations of the Board
(Section 1200. 140(b) ] . Either party may file
a petition with the Board 's General Counsel
for a declaratory ruling after receiving such
notice from either party that it regards a
particular issue a non-mandatory subject of
bargaining.
- 7 -
(ii) Not less than seven (7) calendar days prior to
the date when the first day the arbitration
hearings are scheduled to commence, the
representatives of the parties shall
simultaneously exchange in person their
respective written final offers as to each
issue in dispute as shown on the Stipulation
of Issues in Dispute. The foregoing shall not
preclude the parties from mutually agreeing to
resolve any or all the issues identified as
being in dispute through further collective
bargaining .
(d) Authority and Jurisdiction of Arbitrator. The
parties agree that the neutral arbitrator shall not
function as a mediator unless mutually agreed by the
City and the Association. The arbitrator selected
and appointed to resolve any disputes that may exist
in these negotiations shall have the express
authority and jurisdiction to award increases or
decreases in wages and all other forms of
compensation retroactive to January 1, 1991 (or to
January 1 in any subsequent year if the Agreement is
automatically renewed) for the negotiations for a
successor Agreement, provided in either instance a
party has served upon the other party a timely
- 8 -
Demand for Compulsory Interest Arbitration in
accordance with the provisions of Section 2(a)
above, notwithstanding any delay in the arbitrator
selection process that may have occurred or any
other modification of the impasse procedure
described in the Act and the Rules and Regulations
of the Board as a result of this Agreement.
Provided one party has served on the other party a
timely Demand for Compulsory Interest Arbitration in
accordance with the provisions of Section 2(a)
above, each party expressly waives and agrees not to
assert any defense, right or claim that the
arbitrator lacks the jurisdiction and authority to
make such a retroactive award of increased or
decreased wages or other forms of compensation.
(e) Discretion and Judament of Arbitrator . The parties
do not intend by this Agreement to predetermine or
stipulate whether any award of increased or
decreased wages or other forms of compensation
should in fact be retroactive, but rather intend to
insure that the arbitrator has the jurisdiction and
authority to so award retroactive increases or
decreases, provided a timely Demand for Compulsory
Interest Arbitration has been submitted by one
party, should he in his discretion and judgment
believe such an award is appropriate.
- 9 -
I, (f) Conduct of Hearings. The parties agree that all
arbitration hearings shall be conducted as follows :
(i) Hearings shall be heli in the City of Elgin,
Illinois , at a mutually agreed location.
Hearings may be conducted outside the City of
Elgin only by written mutual agreement;
(ii) The hearings shall begin within thirty (30)
days of the notification from the AAA that the
arbitrator selected has accepted the
appointment to serve as the neutral
arbitrator . The parties by mutual written
agreement may agree to delay the date of the
first hearing for a period up to ninety (90)
days . The hearings shall be scheduled on
mutually agreed dates, subject to the
reasonable availability of the arbitrator and
the representatives of the parties and shall
be concluded within thirty (30) days of the
date of the first hearing;
(iii) The party requesting arbitration shall proceed
with the presentation of its case first,
followed by the non-requesting party. Each
party shall have the right to submit rebuttal
evidence and testimony, as well as to submit a
- 10 -
post-hearing brief . Post-hearing briefs shall
be simultaneously submitted directly to the
arbitrator, with a copy sent to the opposing
party's representative, within twenty-one (21)
calendar days of the conclusion of the
hearings ;
(iv) The arbitrator's decision and award shall be
issued in writing directly to each party's
representative within thirty (30) days of the
close of hearings or the submission of
post-hearing briefs, whichever is later;
(v) A mutually agreed court reporting service
shall record and transcribe the hearings . The
costs of the neutral arbitrator, as well as
the costs of the court reporting service and a
copy of the transcript for the arbitrator
shall be divided equally. Each party shall be
responsible for purchasing its own copy of the
transcript and for compensating its witnesses
and representatives .
section 3 . Remaining Provisions of S 1614 . Except as
expressly provided in this Agreement, the parties agree that
the provisions of S 1614 of the Act and the Rules and
Regulations of the Board shall govern the resolution of any
. ^
bargaining impasses and any arbitration proceedings that may occur over the
negotiations for a successor Agreement.
ALTERNATIVE IMPASSE RESOLUTION AGREEMENT
AGREEMENT made this the 2-I qday of be -w be(Z-.
1987, by and between the City of Elgin, Illinois (hereinafter
"the City" ) and Policemen' s Benevolent and Protective
Association, Unit 54 (hereinafter "the Association" ) is as
follows :
WHEREAS, the parties are currently engaged in collective
bargaining for purposes of negotiating a successor agreement to
the labor agreement currently in effect; and
WHEREAS, the parties ' bargaining is governed by the
provisions of the Illinois Public Labor Relatir-
t
(hereinafter "the Act") and the Rig' ' �� of the
Illinois State Labor Relations Bo N) Board") ;
and
WHEREAS, by the provisions of ,oard ' s
Rules and Regulations, the parties m commence impasse
resolution procedures on or about December 1, 1987; and
WHEREAS, the parties agree that it is in their mutual
best interests to delay commencement of the impasse resolution
procedures for a period of at least sixty (60) days in order to
allow themselves the opportunity to engage in further good
faith bargaining and arrive at a mutually agreed successor
agreement; and
- 2 -
WHEREAS, neither party wishes to be prejudiced by the
delay in commencement of impasse resolution procedures, yet
each agrees that to commence impasse resolution according to
the statutory timetable would have a detrimental effect on the
parties ' mutually expressed intent and desire to exhaust all
reasonable efforts at reaching an accord.
NOW, THEREFORE, the parties agree as follows :
(1) Authority for Agreement: The parties agree that
the statutory authority for this Agreement is § 14 (p) of the
Act (§ 1614 , Chapter 48, of the Illinois Revised Statutes) .
The parties intend the provisions of this Agreement to
represent and constitute an agreement to submit the parties '
unresolved disputes concerning wages, hours, terms and
conditions of employment of the employees represented by the
Association to an alternative form of impasse resolution, the
provisions of which are set forth herein.
(2) Compliance with the Act and Rules: The parties
agree that at the appropriate dates as set forth in the Act and
the Board Rules and Regulations, the Association will file the
necessary statutory forms and demands to institute the impasse
resolution procedures of the Act; j.g. , that on or about
December 15, 1987, the Association will notify the City of its
desire to engage the services of a mediator from the Federal
Mediation and Conciliation Service (FMCS) to assist the parties
- 3 -
in their negotiations, and that on or before December 31, 1987,
the Association will serve upon the City and file with the
Board a Demand for Compulsory Interest Arbitration.
(3) Extension of Time to Bargain: Notwithstanding the
filing of the request for a mediator and the service and filing
of a Demand for Compulsory Interest Arbitration on the dates
set forth above, the parties agree that :
(a) The FMCS mediator will be requested to
actively assist the parties in theirnegotiations , should
the same not have resulted in a ratified successor
agreement, on or about January 31, 1988, unless the
parties mutually agree in writing to extend said date;
(b) That should the parties ' negotiations have not
resulted in a ratified successor agreement on or before
February 28, 1988, unless the parties mutually agree in
writing to extend said date, the parties will engage in
the interest arbitration procedure set forth in the Act
and the Board Rules and Regulations .
(4) Effect of Extension of Time to Bargain: The
parties specifically agree that the arbitrator selected by the
parties to resolve any impasse that may exist as of
February 28, 1988, or on the date of any mutually agreed to
extension, shall have the express authority and jurisdiction to
award increases or decreases in wages and all other forms of
- 4 -
compensation retroactive to January 3 , 1988, notwithstanding
any delay in the mediation process or the selection of an
arbitrator and the timing of any arbitration hearing that may
occur to resolve any impasses that may arise. Each party
expressly waives and agrees not to assert any defense, right or
claim that the arbitrator lacks the jurisdiction and/or
authority to make such retroactive award of increased or
decreased wages or other forms of compensation. The foregoing
is not intended to predetermine whether any award of increased
or decreased wages or other forms of compensation should in
fact be retroactive to January 3 , 1988, but rather is intended
to insure that the arbitrator has the jurisdiction and
authority to so award retroactive increases or decreases to
that date should he in his discretion and judgment believe such
an award is appropriate.
(5) Arbitrator Selection Process:
(a) In the absence of agreement on a neutral
arbitrator, the parties shall file a joint request with
the American Arbitration Association (hereinafter "AAA" )
for a panel of seven (7) arbitrators from which the
parties shall select a neutral arbitrator. The parties
agree to request the AAA to limit the panel to members of
the National Academy of Arbitrators . Both the City and
the Association shall have the right to reject one panel
- 5 -
in its entirety within seven (7) calendar days of its
receipt and request that .a new panel be submitted. The
parties agree to engage in the AAA' s ranking process for
purposes of determining which of the seven (7) arbitrators
on the panel shall serve as the neutral arbitrator,
provided that each party may strike or cross out not more
than two (2) of the arbitrators on the panel before
ranking the remaining arbitrators on the panel . Each
party shall have fourteen (14) calendar days from the date
the panel list is received from the AAA to number the
names on the panel list in order of preference and return
the list to the AAA. In accordance with the designated
order of mutual preference, the AAA shall invite the
acceptance of the arbitrator to serve. In the event that
the arbitrator declines or is unable to serve, the AAA
shall invite the next arbitrator in designated order of
mutual preference to so serve. In the event that he
declines or is unable to serve, the parties agree to
jointly request a new panel of seven (7) arbitrators from
the AAA and commence the selection process anew. It is
further agreed that the AAA' s role and participation in
the arbitration process shall be strictly limited to
providing the panel(s) and administering the selection
process . Once an arbitrator has been selected by means of
the parties ' ranking of the members of the panel, the
AAA' s participation in the arbitration proceedings shall
- 6 -
be terminated . The parties shall divide equally any costs
associated with the AAA administering the selection
process . The parties shall inform the AAA of this limited
role by joint letter at the time the first panel is
requested;
(b) The parties shall jointly communicate and
coordinate all remaining aspects of the arbitration
(including but not limited to scheduling of hearings,
requests for issuance of subpoenas and the submission of
post-hearing briefs) directly with the neutral arbitrator
in the manner prescribed in the Act and the Rules and
Regulations of the Board.
(6) Issues in Dispute and Final Offers: Within seven
(7) calendar days of the service of a Demand that the
arbitrator selection process commence, the representatives of
the parties shall meet and develop a written list of those
issues that remain in dispute. The representatives shall
prepare a Stipulation of Issues in Dispute for each party to
then execute and for submission at the beginning of the
arbitration hearing . The parties agree that only those issues
listed in the Stipulation shall be submitted to the arbitrator
for decision and award. It is further agreed that :
(a) Each party retains the right to object to any
issue on the grounds that the same constitutes a
non-mandatory subject of bargaining. Any such objections
- 7 -
shall be submitted in writing to the other party no later
than January 8, 1988 . If thereafter a party submits a
counterproposal which the other party believes is a
non-mandatory subject of bargaining, said party must so
advise the other party of its contention that the
counterproposal is a non-mandatory subject of bargaining
within one week of the date on which the counterproposal
is first submitted. Should any disputes arise as to
whether a subject is a mandatory subject of bargaining,
the parties agree to cooperate in obtaining a prompt
resolution of the dispute by the Board pursuant to the Act
and the Rules and Regulations of the Board [Section
1200 . 140(b) ] . Either party may file a petition with the
Board' s General Counsel for a declaratory ruling after
receiving such notice from either party that it regards a
particular issue a non-mandatory subject of bargaining .
(b) Not less than seven (7) calendar days prior to
the date when the first day the arbitration hearings are
scheduled to commence, the representatives of the parties
shall simultaneously exchange in person their respective
written final offers as to each issue in dispute as shown
on the Stipulation of Issues in Dispute. The foregoing
shall not preclude the parties from mutually agreeing to
resolve any or all the issues identified as being in
dispute through further collective bargaining.
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(7) Conduct of Hearings: The parties agree that all
arbitration hearings shall be conducted as follows :
(a) Hearings shall be held in the City of Elgin,
Illinois, at a mutually agreed location. Hearings may be
conducted outside the City of Elgin only by written mutual
agreement;
(b) The hearings shall begin within thirty (30)
days of the notification from the AAA that the arbitrator
selected has accepted the appointment to serve as the
neutral arbitrator. The parties by mutual written
agreement may agree to delay the date of the first hearing
for a period up to ninety (90) days . The hearings shall
be scheduled on mutually agreed dates, subject to the
reasonable availability of the arbitrator and the
representatives of the parties and shall be concluded
within thirty (30) days of the date of the first hearing;
(c) The party requesting arbitration shall proceed
with the presentation of its case first, followed by the
non-requesting party. Each party shall have the right to
submit rebuttal evidence and testimony, as well as to
submit a post-hearing brief . Post-hearing briefs shall be
simultaneously submitted directly to the arbitrator, with
a copy sent to the opposing party' s representative, within
twenty-one (21) calendar days of the conclusion of the
hearings ;
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(d) The arbitrator ' s decision and award shall be
issued in writing directly to each party' s representative
within thirty (30) days of the close of hearings or the
submission of post-hearing briefs, whichever is later;
(e) A mutually agreed court reporting service
shall record and transcribe the hearings . The costs of
the neutral arbitrator, as well as the costs of the court
reporting service and a copy of the transcript for the
arbitrator shall be divided equally. Each party shall be
responsible for purchasing its own copy of the transcript
and for compensating its witnesses and representatives .
(8) Remaining Provisions of § 1614: Except as
otherwise provided in this Agreement, the parties agree that
the provisions of § 1614 of the Act and the Board Rules and
Regulations shall govern the resolution of any impasses and any
arbitration proceedings that may occur. To the extent that
there is any conflict between the provisions of this Agreement
and § 1614 and the Board Rules and Regulations, the terms of
this Agreement shall prevail .
(9) Consideration and Recitals: The parties agree that
the recitals set forth in the beginning of this Agreement
represent essential elements of the parties ' understanding and
the same are hereby incorporated as part of this Agreement .
Each party acknowledges that it has received sufficient good
and valuable consideration for making the promises and
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agreements set forth herein and expressly waives any right to
assert or claim that such consideration is insufficient in fact
or by law.
(10) Authority of Representatives: The undersigned
representatives warrant to each other that they have been duly
authorized by the respective parties to enter into this
Agreement and that each has taken all steps necessary to insure
the binding effect of this Agreement.
F!1akTHE CITY DATE
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FOR THE ASSOCIATION
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