91-0814 EPD - oSi4
RESOLUTION
RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE
METROPOLITAN POLICE ASSOCIATION
WHEREAS, representatives of the City of Elgin and
representatives of the Metropolitan Police Association have
met and discussed wages, fringe benefits and other working
conditions; and
WHEREAS, said representatives have submitted for review
and approval by the City Council an agreement pertaining to
such matters; and
WHEREAS, the City Council has reviewed said agreement and
finds that it is fair and equitable for the City of Elgin and
employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves
the proposed agreement between the City of Elgin and the
Metropolitan Police Association a copy of which is attached
hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Larry L. Rice, City Manager,
and Dolonna Mecum, City Clerk, be and are hereby authorized
and directed to execute said agreement on behalf of the City
of Elgin.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 14, 1991
Adopted: August 14, 1991
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
Between
CITY OF ELGIN
And
UNIT *54
METROPOLITAN POLICE ASSOCIATION
1990-1993
TABLE OF CONTENTS
Preamble Page
Item 1 . Recognition 4
Item 2 . Management Responsibilities 4
Item 3. Non-Interruption of Work 4
Item 4 . Wages 5
Item 5. Hours of Work and Overtime 6
Item 6 . Life Insurance 9
Item 7 . Holidays 9
Item 8. Quartermaster System 10
Item 9. Vacations 11
Item 10. Sick Leave 12
Item 11 . Separation Pay 14
Item 12 . Death of an Employee 14
Item 13. Medical and Health Plans 14
Item 14 . Grievance Procedure 15
Item 15. Entire Agreement 18
Item 16 . Savings 18
Item 17 . Board of Fire and Police Commissioners 18
Item 18 . Checkoff 19
Item 19 . Subcontracting 20
Item 20. Use of Police Officers, Auxiliary Police 20
Officers and Community Service Officers
Item 21. Light Duty Pool 21
Item 22 . Safety Committee 21
Item 23. Police Officers Bill of Rights 22
Item 24 . Drug and Alcohol Testing 22
2
•
Item 25. Impasse Resolution 23
Item 26 . Term 23
Appendix A
Appendix B
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AGREEMENT
This Agreement is made by and between the City of Elgin
(herein called "City" ) and the Metropolitan Police
Association, Local #54 (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 December 30, 1990
through December 25, 1993. Each employee represented by the
Association will receive a copy of this Agreement.
Item 1 . Recognition
The City recognizes the Association as the sole and
exclusive bargaining representative for all full-time
employees holding the official rank of Police Officer and for
the purpose of negotiating wages, hours and other terms and
conditions of employment.
Item 2 . Management Responsibilities
The City shall retain the sole right and authority to
operate and direct the affairs of the City and the PDlice
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
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results in interruption of operations . Any or all employees
who violate any of the provisions of this Article may be
discharged or otherwise disciplined by the City in accordance
with the procedures of the Elgin Board of Fire and Police
Commissioners . The City will not lock out any employees
during the term of this Agreement as a result of a labor
dispute with the Association; however, this provision shall
not apply to a reduction in the work force or layoffs .
Item 4 . Wages
Section a. Salary Range. The beginning Police Patrol
Officer shall start at step one of the salary range set forth
below. Upon attainment of satisfactory performance evaluation
after six (6) months of employment, he/she shall advance to
step two (2) of the Police Patrol Officers ' salary range and
shall, following attainment of satisfactory performance
evaluation, advance to further steps in said salary range at
twelve ( 12) month intervals thereafter until reaching the
range maximum.
Any Police Patrol Officer receiving an unsatisfactory
performance evaluation required for the above advancements
shall be reviewed again within ninety (90) days of the
unsatisfactory evaluation. Step increases covered in this
provision may not be withheld for a period longer than ninety
(90) days from the date of the officer's original
unsatisfactory evaluation. If an officer believes that he/she
has been unreasonably denied a step advancement based on an
unsatisfactory evaluation, he/she may file a grievance in
accordance with the provisions of Item 14 of this Agreement.
Effective the beginning of the next payroll period
immediately following the ratification of this Agreement by
both parties, the monthly and yearly salary ranges for
employees covered by this Agreement and who are on the payroll
on the date this Agreement is ratified by both parties shall
be:
I II III IV V VI
2321 2467 2715 2870 3022 3194
27852 29604 32580 34440 36264 38328
Effective December 29, 1991, the base range of employees
covered by this Agreement shall be:
I II III IV V VI
2449 2603 2864 3028 3188 3370
29388 31236 34368 36336 38256 40440
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Effective December 27, 1992, the base range of employees
covered by this Agreement shall be:
I II III IV V VI
2584 2746 3022 3195 3363 3555
31008 32952 36264 38340 . 40356 42660
The foregoing salary increases are in addition to all
in-range step increases to which employees may be eligible for
on their anniversary dates during the term of this Agreement.
Any Police Officer designated at the discretion of the
Police Chief as a Senior Police Officer shall be paid no less
than an additional four percent (4%) above his/her step on the
monthly salary schedule for the period of time so designated.
Any such discretional designation shall be made from each
shift after shift selections are completed each year and a
shift roster established. Designation shall be based on two
criteria: Interest and rating of average or above in the most
recent evaluation.
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 December 30, 1990.
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
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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
period.
For purposes of overtime pay calculations only, the
regularly scheduled workday for shift employees shall
terminate eight and one-quarter (8 1/4 ) hours after the
employee is scheduled and required to report for duty. The
regularly scheduled workday for non-shift employees shall
terminate after eight (8) hours of scheduled duty time has
elapsed.
Section d. Court Overtime. An employee attending
court while off-duty shall receive a minimum of two (2) hours
compensation, or his/her actual time, whichever is greater, at
one and one-half ( 1 1/2) times the employee's straight-time
hourly rate of pay. However, an employee attending a court
call that is contiguous with his/her regularly schedule duty
time shall be paid one and one-half ( 1 1/2) times his/her
straight-time hourly rate of pay for actual time worked in the
court call. For court calls immediately preceding the
regularly scheduled duty day, actual time worked shall mean
that time between the time the employee's presence in court is
required and the beginning of the regularly scheduled duty
day. For court calls immediately following the regularly
scheduled duty day, actual time worked shall mean that time
between the time the regularly scheduled duty day ends and the
time the employee's presence in court is no longer required.
No officer shall be denied a requested day off solely for the
purpose of avoiding the payment of said court overtime,
provided that no officer shall request court days off solely
for the purpose of gaining court overtime.
Section e. Court Standby. Employees covered by this
Agreement shall receive $50.00 per day when they are on court
standby or their actual pay for time required to be in court,
whichever is greater.
Section f. Callout. An employee called back to work
(excluding 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
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compensation, or his/her actual time, whichever is greater, at
one and one-half ( 1 1/2) 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
Association 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 Agreement.
Section q. Details . A detail list shall be
established for all sworn members of the police department who
wish to participate on details . Overtime details shall be
available as much as possible to everyone on the detail list.
Details shall be assigned on a rotating basis and where a
specific officer is requested by a customer for a detail, such
request shall be reviewed by the Chief or his designee to
ensure that some degree of equity is maintained in the
assignment of details .
Section h. Hirebacks . When hirebacks are necessary,
manpower shall be hired back, to the extend possible, on a
rotating basis by seniority from a list of volunteers . If
there are no volunteers from the shift in which the shortage
exists, management has the right to utilize manpower from
other shifts or divisions according to availability.
Section i . Off Duty Calls . If an officer is required
to make an off duty telephone call, the officer shall receive
one-half hour pay at time and one-half .
Section 1 . Permanent Shift. The City shall maintain
the current concept of assigning permanent shifts by seniority
in accordance with the policy established in General Order 85
A2 . Nothing herein shall be interpreted to preclude the
Police Chief or his designee from making assignments for
expediency and smooth operation of the department. It is
understood that where an officer is transferred to another
shift due to departmental need, the department shall make
necessary effort to effect reassignment of such officer back
to his former shift as soon as possible. It is further agreed
that, as much as possible, days off shall be granted as
requested and employees shall be allowed weekends before and
after scheduled vacations off. Absent emergency circumstances
justifying a deviation, duty trades shall be limited to six
(6) . If there is any conflict between the specific provisions
of this Section and any of the specific provisions of a
departmental general order, including General Order 85 A2, the
specific provisions of this Section shall govern.
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Section k. 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 1 . 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 $25,000 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 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; Veteran's Day; Thanksgiving Day; the afternoon four (4)
hours on Christmas Eve; Christmas Day; and the afternoon four
(4) hours on New Year's Eve.
Section a. Observance. The standard observance of
recognized holidays will be on the day they occur. However,
for non-shift employees working Monday through Friday, when a
holiday falls on a Sunday, the following Monday shall be
observed as the holiday; or when a holiday falls on a
Saturday, the preceding Friday shall be observed as the
holiday, except as provided in Section b. of this Item.
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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 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
and observed holiday but who are called out to work
on said holiday shall be paid in accordance with the
callout provisions of Item 5, Section f.
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 6. Quartermaster System
Effective on or before January 1, 1992, a quartermaster
system will be instituted in lieu of a uniform allowance
whereby the City will provide to new officers and replace at
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no cost to the employee required uniform/equipment items
through vendors selected by the City as they become worn out
or damaged, provided that the employee must turn in worn
out/damaged uniform item(s) to the staff officer designated by
the Police Chief and receive approval from said staff officer
to replace the item(s) , provided said approval shall not be
arbitrarily denied. Except for the original issuance of
required uniform/equipment items, any employee who does not
turn in worn out/damaged uniform items shall be required to
pay for the replacement. The type, style, and/or color of
uniforms shall be determined by the Police Chief, but the
Police Chief will consider any recommendations made by the
Union concerning same. The Police Chief or his designee may
establish reasonable rules and policies concerning the use and
wearing of uniforms . Any equipment items provided by the City
pursuant to the quartermaster system shall be returned to the
City upon separation of employment .
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 )f Continuous Service Length of Vacation
First ( 1st) year to sixth Two (2 ) weeks - 80 hours
(6th) anniversary
Seventh (7th) year to Three ( 3) weeks -
thirteenth ( 13th) anniversary 120 hours
Fourteenth ( 14th) year to Four (4 ) weeks -
twenty-first (21st) anniversary 160 hours
Twenty-second (22nd) year Five (5) weeks -
and over 200 hours
The employee's anniversary date of continuous employment
from the last date of hire as a full-time employee shall be
the basis of calculation for length of service.
Section a. Accrual . Vacation hours are accrued each
biweekly pay period if the employee is paid for a minimum of
sixty (60) hours inclusive of holiday, vacation, sick leave,
worker's compensation or authorized leave "with pay" . An
employee does not earn vacation hours while he/she is absent
"without leave"; on "leave without pay"; or is using accrued
vacation hours over a period of time upon retirement.
Section b. Vacation Pay. While on vacation, an
eligible employee shall continue to receive his/her regular
pay.
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Section c. Scheduling. Vacations shall be scheduled
insofar as practicable at times most desired by each employee,
with the determination of preference being made on the basis
of an employee's length of continuous service. It is
expressly understood that the final right to designate the
vacation period and the maximum number of employees who may be
on vacation at any one time is exclusively reserved by the
Chief of Police in order to insure the orderly performance of
the services provided by the City.
Item 10 . Sick Leave
Employees covered by this Agreement shall earn sick leave
by accumulating the equivalent of one ( 1) day for each full
month of continuous service or a total of 96 hours per year.
Employees may accumulate sick leave up to a total equivalent
of 240 sick days . Sick leave is an insurance-type benefit
that should be used by the employee only when needed and an
employee may charge time for the following reasons :
- Personal illness or injury
- Illness or death of a member of the immediate family,
necessitating the absence of the employee from his/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 attendance at the
funeral .
All active employees covered by the Agreement shall
receive full pay for the first six (6) eligible occurrences of
sick leave in said or each following payroll year. Any such
employee shall not, however, be paid for the first ( 1st) day
of a seventh (7th) or any other subsequent sick leave
occurrence in the same payroll year.
For the purpose of definition, sick leave used for
bereavement or on-the-job injuries shall not be charged as an
occurrence. Employees, once each payroll year, who have
worked in excess of four (4) hours and are released to go home
on sick leave, shall not be charged with an occurrence.
Employees having a sick leave occurrence beyond the number
authorized for full pay may elect to work a scheduled day off
at his/her straight-time hourly rate of pay to replace the
non-paid day. Such replacement day shall be scheduled with
the approval of the department head.
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;
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worker's compensation; or authorized leave "with pay" . An
employee does not earn sick hours while he/she is absent
"without leave" ; on "leave without pay"; or extending out
accrued vacation hours upon retirement.
Section b. Conversion. In recognition of non-use of
sick leave, employees may convert accumulated sick leave for
additional vacation leave or for severance pay. Such
conversion shall be at the rate of three (3) days of sick
leave for one ( 1) vacation day or one ( 1) day of severance pay.
1) Vacation leave conversion requires an accumulation of
sick leave of over 60 accrued sick days which is the
equivalent of 480 hours of sick leave. Such
conversion is limited to a maximum of five (5) days
of vacation leave in any one year.
2) Retirement or severance pay is predicated on leaving
the City's employment in good standing and requires
an accumulation of sick leave of over 90 accrued sick
days which is the equivalent of 720 hours of sick
leave. Such conversion is limited to a maximum of 20
days of 160 hours upon separation.
3) In the process of converting sick leave to additional
vacation or severance pay, the remaining balance of
unused sick leave may not total less than the
required base accumulations of 60 or 90 days .
Section c. Disability. Any employee who is ill or
physically unable to perform his/her duties and has used all
his/her accumulated sick leave and vacation leave shall be
placed on a disability leave for a period of six (6) months.
While on such disability leave the employee shall 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 returning to work, a written statement by a physician
certifying that he/she is capable of so returning to work and
resuming his/her full duties. This statement must be brought
to the Personnel Office before authorization is given the
employee to return to work.
Section e. Sick Leave Bonus. All employees covered by
this Agreement on the active payroll as of December 26, 1982,
and those on the active payroll the beginning of each
subsequent payroll year, shall have established a $150 sick
leave occurrence bank. For each occurrence of charged sick
leave during a payroll year, $25.00 shall be deducted from the
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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
administered 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 .
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
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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
monthly basis to the Human Resources Department or through
authorized deductions from the retirees monthly pension
payment. If a retiree fails to make the applicable monthly
payment by the beginning of the month coverage will be
terminated. The right of a retiree to continue coverage under
the provisions of this Item shall terminate when the retiree
( 1) returns to active service, (2) exercises any pension
refund option available or accepts any separation benefit, (3)
looses his/her rights to pension benefits, or (4) dies .
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,
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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 Supervisor. The
Direct Supervisor shall answer verbally within seven (7)
calendar days of this discussion.
STEP 2 : Appeal to Deputy Chief. If the grievance is
not settled in Step 1, the aggrieved employee within
seven (7) calendar days following receipt of the Direct
Supervisor's answer shall file with the Deputy Chief for
Operations a written grievance signed by the aggrieved
employee and the appropriate association representative,
if so requested by the employee, on a form provided by
the City setting forth the complete facts on which it is
based, the specific contract provision(s) allegedly
violated, and the relief sought. The employee and the
Association representative, if so requested by the
employee, will discuss the grievance at a mutually
agreeable time with the Deputy Chief, or his 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 discussion. If the grievance is denied, the specific
reason or reasons shall be set forth.
STEP 4 : Appeal to City Manager. If the grievance is
not settled in Step 3 and the Association decides to
appeal, the Association shall, within seven (7) calendar
days after receipt of the Step 3 answer, file a written
appeal with the City Manager. A meeting between the City
Manager, or his designee, and the appropriate Association
representative will be held at a mutually agreeable
time. If no settlement is reached at such meeting, the
City Manager, or his designee, shall give his answer in
writing within ten ( 10) calendar days of the meeting- If
the grievance is denied, the specific reason or reasons
shall be set forth.
16
STEP 5 : Arbitration. If the grievance is not settled
in accordance with the foregoing procedure, the
Association may refer the grievance to arbitration by
giving written notice to the City Manager within ten ( 10)
calendar days after receipt of the City's answer in Step
4 . The parties shall attempt to agree upon an arbitrator
promptly. In the event the parties are unable to agree
upon an arbitrator, they shall jointly request the
Federal Mediation and Conciliation Service to submit a
panel of five (5) arbitrators . The Association shall
strike two (2) names and the City shall then strike two
(2) names; the person whose name remains shall be the
arbitrator; provided that either party, before striking
any names, shall have the right to reject one panel of
arbitrators . The arbitrator shall be notified of his/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 Agreement.
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
arbitrator shall be final and binding. The costs of the
arbitration proceeding, including the fee and expenses of
the arbitrator, shall be borne equally by both parties;
provided, however, that each party shall be responsible
for compensating its own attorneys, representatives, or
witnesses .
Section c. Time Limits. No grievance shall be
entertained or processed unless it is filed within the time
limits set forth above. If a grievance is not appealed within
the time limits for appeal set forth above, it shall be deemed
settled on the basis of the last answer of the City. If the
City fails to provide an answer within the time limits so
provided, the Association may immediately appeal to the next
step. The parties may mutually agree in writing to extend any
time limits.
Section d. Investigation and Discussion of
Grievances . Unless specifically provided otherwise in this
Agreement, all grievance discussions and investigations shall
take place in a manner which does not interfere with the City
operations .
Section e. Board of Fire and Police Commissioners . It
is expressly understood that matters subject to the Board of
Fire and Police Commissioners or matters which may be appealed
17
to the Board of Fire and Police Commissioners are not subject
to this grievance procedure and that the sole recourse for
such matters is with the Board of Fire and Police
Commissioners .
Item 15 . Entire Agreement
The parties acknowledge that during negotiations which
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of
collective bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Agreement.
Therefore, the City and the Association, for the duration of
this Agreement, each voluntarily and unqualifiedly waives the
right, and each agrees that the other shall not be obligated,
to bargain collectively with respect to any subject or matter
specifically referred to, or covered in this Agreement, or
with respect to any subject or matter not specifically
referred to, or covered in this Agreement, even though such
subjects or matters may not have been within the knowledge or
contemplation of either or both of the parties at the time
they negotiated or signed this Agreement. This Agreement may
only be amended during its term by the parties ' mutual
agreement in writing.
Item 16 . Savings
If any provision of this Agreement is subsequently
declared by legislative or judicial authority to be unlawful,
unenforceable, or not in accordance with applicable statutes
or ordinances, all other provisions of this Agreement shall
remain in full force and effect for the duration of this
Agreement, and the parties shall promptly meet for the purpose
of negotiating a lawful substitute provision.
Item 17 . Board of Fire and Police Commissioners
It is understood that to the extent that such matters a
selection, promotion, suspension or discharge are subject to
the jurisdiction of the Board of Fire and Police
Commissioners, such matters are not subject to this
Agreement. It is further understood that nothing in this
Agreement shall limit the right of the Chief of Police to
suspend a member of the Police Department in accordance with
applicable law. Nor shall this Agreement limit whatever right
an employee so suspended may have to appeal to the Board of
Fire and Police Commissioners within 24 hours after such
suspension for a review thereof.
18
Item 18. Dues Checkoff and Fair Share
During the term of this Agreement, all employees covered
by this Agreeemnt who are members of the Association shall be
required to pay Association dues. During the term of this
Agreement, employees are not required to join the Association
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 Association dues for the
purpose of administering the provisions of this Agreement.
Upon receipt of a voluntarily signed written dues
authorization card from an employee covered by this Agreement,
the City shall during the term of this Agreement deduct the
uniform bi-weekly Association dues of such employees from
their pay and remit such deductions to the Treasurer of the
Association. 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 Association, 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 administer this Agreement in an
amount that does not exceed 85% of the uniform bi-weekly
Association dues and shall remit such deduction to the
Treasurer of the Association. Upon written request from the
City, the Association 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
Association 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 Association agrees to assume full responsibility to
insure full compliance with the requirements laid down by the
United States Supreme Court in such cases as Chicago Teachers
Union v. Hudson, 105 U.S. 1066 ( 1986) , with respect to the
constitutional rights of fair share fee payors. Accordingly,
the Association 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 .
19
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 Association 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
Association. If the affected non-member and the Association
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 Relations Board and the payment shall be
made to said organization.
Indemnification. The Association 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
Community Service Officers to permanently replace employee
positions covered by this Agreement in performing basic beat
patrol functions and duties .
20
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 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,
communications, 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 consideration 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
assignment 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
determines 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.
Item 22 . Safety Committee
Following the ratification of this agreement, a safety
committee comprising of representatives from each shift and
two representatives from special divisions all below the rank
of Sergeant shall be formed for the purpose of reviewing and
making recommendations on issues concerning safety and working
conditions to the Chief or his designee. The department may
21
adopt any positive recommendation from the Committee. Any
recommendation not agreed upon or adopted by the department
may not be processed under any circumstance through the
grievance or arbitration procedures .
It is understood that the Safety Committee shall meet no
more than once a month and that the department shall allow any
committee member on duty at the time of the meeting no more
than 1 1/2 hours to attend the committee meeting. It is
agreed that Committee members who are not on duty at the time
of the meeting shall not be compensated for attending the
meeting. Safety Committee members shall be appointed to
scattered terms to ensure opportunity for participation by all
employees designated above.
Item 23. Police Officers Bill of Rights
Nothing in this Agreement shall be construed to preclude
the applicability of the Police Officers ' Bill of Rights as
set forth in the Illinois Revised Statutes, 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 first test results in a positive finding, a
confirmatory test (GC/MS of 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 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
22
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 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
C;ty, 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. 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 26 . Term
Unless specifically provided otherwise, this Agreement
shall be effective as of the date if is ratified by both
parties and shall remain in full force and effect until the
25th day of December, 1993. It shall be automatically renewed
from year to year thereafter unless either party shall notify
the other in writing seventy-five (75) days prior to the
expiration date set forth above or each yearly period
thereafter, if applicable. If either party submits such
written notice, the parties' designated representatives shall
immediately commence negotiations . Notwithstanding the
expiration date set forth above, this entire Agreement shall
23
remain in full force and effect during the period of
negotiations and until a successor agreement is ratified by
both parties .
24
EXECUTED THIS ACA4--- day of , 1991 after
approval by the City Council, City o Elgin, and after
ratification by the Association membership.
FOR THE C TY,
400
Attest: By
C . an
/1/42CWw*
City Clerk
FOR THE ASSOCIATION,
Attest: By
President
S -cretary
25
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 rew 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 eighteen ( 18) month probationary status.
There shall be one copy of the checkoff sheet sent to the
Metropolitan Police Association. 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
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 Metropolitan Police Associa-
tion, Unit #54 .
Signed:
Address :
APPENDIX ..E6
ALTERNATIVE I !PASSE RESOLU?ION PROCEDURE
WHEREAS, the provisions of S 1614 (p) of the let 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 acknlwledped, the City and the
Association agree to the following Alternative Impasse
Resolution Procedure:
bectien 1. Authority for Aoreerma. The part as 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 Arbitrates ant Diming of Pinel .
The parties agree that should it become necessary to submit
their unresolved disputes in negotiations to arbitration
— z —
pursuant to 5 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 Soard
(•aoard") , subject to the following :
(a) service of Demand for Com u spry interest
Arbitration: The parties agree that a Demand for
Compulsory Interest Arbitration filed by either
party upon the other prior to January 1, 1994 (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;
(L) 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, • demand that the arbitrator
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
members of the rational 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 agrees
that the AAA's tole and participation in the
- 5 -
arbitration process shall be strictly limited
to provi0ing 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 MA's
participation in the arbitration proceedings
shall be terminated. The parties shall divide
equally any costs associated with the MA
administering the selection process . The
parties shall inform the MA of this limited
role by joint letter at the time the first
panel is requested;
(iv) The parties shall jointly communicate and
10.% 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 end
develop a written list of those issues that remain
in dispute. The representatives shall prepare a
Stipulation of Issues in Dispute for sack 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)] . Zither 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) Sot less than seven (7) calendar days prior to
the date when the first day the arbitration
bearings 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 Jurisdietion of Arbitrates. The
t h 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
e -
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 Hoard 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 end 7ud;ment of Arbitratot. 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.
!
(f) Conduct of Hearina . The parties agree that all
arbitration hearings shall be conducted •s 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 $gree 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-bearing 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 .
jenion 3 . JLcu nines evi
Prs1D 1f j 1
o61e . Except es
expressly provided in this Agreement, the parties agree that
the provisions of S 1614 of the Act and the Rules and
Regulations of the hoard shall govern the resolution of any
bargaining impasses and any arbitration proceedings that may occur over the
negotiations for a successor Agreement.
SIDE LETTER
Pursuant to the provision contained in item #8 of this
contract, the following list represents the initial items the
City of Elgin will purchase for all new officers who are
members of the Elgin Police Department. The City will select
the models, brands, styles, etc.
Uniformed Personnel
1. Handgun and magazines.
2. Holster. ( 1) (High rise or drop if available)
3. Magazine pouches.
4 . Uniform shirts, long and short sleeve. (4 each)
5. Uniform trousers. (4 each)
6. Hats, winter and summer, including snake bands .
7 . Pants belt. (Basketweave, velcro or keepers OK)
8. Gun belt.
9. Radio.
10. Radio holder.
11. Radio shoulder tab. (Optional )
12 . Handcuffs . ( 1 pair) (Hinged OK too)
13. Handcuff case.
14. Jackets, one leather winter, one spring.
15. Raincoat and cap cover.
16 . Commando sweater.
17 . Hat badge.
18. Two stars .
19 . Whistle.
20. Key strap.
21. Baton holder.
22. Shoes. ( 1 pair boots, 1 pair shoes)
23. Gloves .
24 . Baton ring.
25. Flashlight holder.
26 . Flashlight. (rechargeable)
27. Briefcase.
28. Namplates, shift and jacket.
29 . Ties.
30. Tie bar.
31. Riot helmet.
32. Duty ammunition.
33. Traffic citation holder.
34 . Baton.
35. Aerosol irritant. (optional)
36. Aerosol irritant holder. (optional)
37. Body armor.
38. Report forms holder/clipboard.
39. Reflective Traffic safety vest.
Items from the list above requiring repair or replacement due
to normal use will be repaired/replaced at no expense to the
employee, provided the City determines the item warrants
repair or replacement due to its condition. Items which are
repairable may be repaired in lieu of replacement.
Non-Uniformed Personnel
Each investigator or member assigned to a non-uniformed
position must be prepared to perform traditional law
enforcement duties in emergencies, and occasionally perform
extra detail duties . Each investigator and non-uniformed
member shall be issued a complete set of uniforms. This
section shall become effective January 31, 1992 .
Both investigative personnel and non-uniformed personnel would
be afforded contractual cleaning services, as are other
members. Also, since these individuals are required to wear
dress clothing, a separate program would be maintained for
them for this purpose. This program will provide for the
clothing items worn while on duty.
In addition, each individual assigned as an investigator or to
a non-uniformed position shall receive a $550.00 per year
clothing allowance for the purchase of dress clothing to be
worn in the performance of duty. The rethod of payment shall
consist of two (2) checks to be issued individually, one to be
issued in January, and the other in July of each year. The
amount of each of the two checks shall be $275.00. These
individuals would be permitted to have those items cleaned as
part of the Contract Cleaning Program. Items purchased with
clothing allowance checks shall be in accordance with
Department dress code regulations.
Any officer assigned to a non-uniform division or assignment
for a period in excess of 100 working days per year shall
recieve a $275.00 payment. This section shall not apply to
persons on light-duty status, who are temporarily assigned to
another division. (Note: If the assignment is less than 100
working days prior to the regularly scheduled payment, the
clothing allowance shall be distributed at the time of the
next scheduled payment, either January or July. )
The following list of uniform items and dress clothing are
covered by this program. This includes both cleaning and
repair service (when necessary) at a designated location
approved by the City.
Regular Police Uniform Items Dress Clothing
Pants Suits
Shirts Sport Coats
Ties Ties
Jackets Slacks
Hats Shirts
Top Coats/Rain Coats, etc.
Skirts
Dresses
Blouses
Cleaning Review Committee
In addition, a Cleaning Review Committee, consisting of the
Chief of Police or his designee, and two union officers, shall
review this system after six months of operation to determine
if any adjustments are necessary. The City shall confer with
the Union prior to making any changes to this program.
It is also understood that how attendance at Awards and
Recognitions is to be handled, is differed to departmental
policy and not covered by any of the provisions contained in
this contract.
CITY OF ELGIN METROPOLITAN POLICE ASSOCIATION
U
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By: ./.A d By: