92-0226 EFD Union 439 Ota- Caa6
RESOLUTION
RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH
LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
WHEREAS, representatives of the City of Elgin and
representatives of Local #439 International Association of
Firefighters 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 Local
#439 International Association of Firefighters 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: February 26, 1992
Adopted: February 26, 1992
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
Between
CITY OF ELGIN
and
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
1991 - 1993
TABLE OF CONTENTS
Paae
Article 1. Recognition and Purpose of Agreement 1
Article 2. Gender Clause 1
Article 3 . Management Responsibilities 1
Article 4 . Non-Interruption of Work 2
Article 5. Dues Checkoff and Fair Share 2
Article 6. Duties of Employees 4
Section a. Duties 4
Section b. Subcontracting 4
Article 7. Notice of Medical Treatment 4
Article 8. Salary Range 4
Section a. Rate Review 4
Section b. Working Out of Class 5
Section c. Rank Security 5
Article 9 . Wages 5
Section a. Salary Ranges 5
Section b. Retroactivity 6
Section c. Pension Pickup 6
Article 10. Firefighter/Paramedics, Lieutenant/
Paramedics and Mechanics 6
Section a. Compensation 6
Section b. Opt Out Provisions if Number of EMT-P's
Exceeds Number Established by the
Fire Chief 7
Section c. Mandatory Decertification 7
Section d. Mechanic Pay 8
Article 11. Hours of Work and Overtime 8
Section a. Application of This Article 8
Section b. Normal Work Period 8
Section c. Regular Overtime Pay 8
Section d. FLSA Overtime and Work Period 8
Section e. Computation of Straight-Time Hourly
Rate of Pay 9
Section f. Trading of Kelly Days 9
Section g. Callouts 9
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Section h. Shift Transfers 9
Section i. No Pyramiding 9
Section j . Light Duty Pool 9
Article 12. Training 10
Section a. Mandatory Training 10
Section b. Voluntary Training 10
Section c. Posting of Fire Service Training
Opportunities 10
Article 13. Holiday Pay 11
Article 14 . Vacation 11
Section a. Accrual 12
Section b. Vacation Pay 12
Section c. Increasing Vacation 12
Section d. Scheduling 12
Article 15. Sick Leave 12
Section a. Accrual 13
Section b. Disability 13
Section c. Injury or Surgery 14
Section d. Conversion 14
Article 16 . Group Hospitalization and Life Insurance14
Section a. Medical Insurance 15
Section b. Health Maintenance Organization 15
Section c. Retiree Participation 15
Section d. Health Maintenance 15
Section e. Life Insurance 15
Section f. Dental Insuarnce 16
Article 17. Uniform Allowance 16
Article 18. Separation Pay 16
Article 19 . Death of an Employee 16
Article 20. Grievance Procedure 16
Section a. Definition of Grievance 16
Section b. Grievance Procedure 17
Section c. Time Limits 18
Section d. Investigation and Discussion 19
Section e. Board of Fire and Police Commissioners19
Article 21. Access to Personnel File 19
Article 22. Safety 19
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Article 23. Bill of Rights 20
Article 24. Drug and Alcohol Testing 20
Article 25. General Conduct 21
Article 26 . Labor-Management Committee 21
Article 27. Miscellaneous 22
Section a. Duty Trades 22
Section b. Meal Shopping 22
Section c. Inoculation/Immunization Shots 23
Section d. Physical Fitness Program 23
Section e. Non-City Employment 23
Article 28 . Entire Agreement 24
Article 29 . Savings 24
Article 30. Impasse Resolution 24
Article 31. Term 25
Appendix A
Appendix B
Article 1. Recognition and Purpose of Agreement
This Agreement is made by and between the City of Elgin
(herein called "City") and Local 1439, I.A.F.F. (herein called
"Association") for and on behalf of all full-time Firefighters
and Fire Lieutenants employed by the City. Each employee
represented by the Association will receive a copy of this
Agreement.
The City recognizes the Association as the sole and exclu-
sive bargaining representative for all full-time employees
holding the official rank of Firefighter and Fire Lieutenant.
It is the intent and purpose of this Agreement to set
forth the parties ' entire agreement with respect to the rates
of pay, hours of employment, fringe benefits, and other condi-
tions of employment that will be in effect during the term of
this Agreement for employees covered by this Agreement; to
prevent interruptions of work and interference with the opera-
tions of the City; to encourage and improve efficiency and
productivity; and to provide procedures for the prompt and
peaceful adjustment of grievances as provided herein.
Article 2. Gender Clause
The use of the masculine pronoun throughout this Agreement
has been adopted by the parties for clerical convenience and
shall in all instances include the feminine gender as well as
the masculine.
Article 3 . Management Responsibilities
The City shall retain the sole right and authority to
operate and direct the affairs of the City and the Fire
Department in all its various aspects, including, but not
limited to, all rights and authority exercised by the City
prior to the execution of this Agreement, except as modified in
this Agreement . Among the rights retained are the City's right
to make and implement decisions to determine its mission and
set standards of service offered to the public; to direct the
working forces; to assign overtime, to plan, direct, control
and determine the operations or services to be conducted in or
at the Fire Department or by employees of the City; to assign
and transfer employees within the Fire Department; to hire,
promote or demote, or to lay off employees due to lack of work
or for other legitimate reasons; to suspend, discipline or
discharge for just cause; to make, modify and enforce reasonable
rules, regulations, policies and orders concerning any aspect
of the operation of the department, including rules,
regulations, policies and orders that affect the conditions
under which employees covered by this Agreement work; to change
methods, equipment, or facilities; provided, however, that the
exercise of any of the above rights shall not conflict with any
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of the specific provisions of this Agreement. Any matters
within the jurisdiction of the Elgin Board of Fire and Police
Commissioners shall not be affected by the terms of this
paragraph nor shall this paragraph be deemed to limit the
authority or jurisdiction of said Board in any way.
Article 4 . Non-Interruption of Work
The Association, its officers and agents, and the employees
covered by this Agreement agree not to instigate, promote,
sponsor, engage in, or condone any strike, slowdown, concerted
stoppage of work, or any other intentional interruption of
operations . Any or all employees who violate any of the provi-
sions 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.
Article 5. Dues Checkoff and Fair Share
During the term of this Agreement, all non-probationary
employees covered by this Agreement who are members of the
Union shall be required to pay Union dues. Employees are not
required to join the Union as a condition of employment, but
non-probationary employees shall, during the term of this
Agreement, pay a service fee in an amount not to exceed the
Union dues for the purpose of administering the provisions of
this Agreement.
Upon receipt of a voluntarily signed written dues author-
ization card from an employee covered by this Agreement, the
City shall during the term of this Agreement deduct the uniform
bi-weekly Union dues of such employees from their pay and remit
such deductions to the Treasurer of the Union. A copy of the
dues checkoff authorization to be used during the term of this
Agreement is attached as Appendix A.
During the term of this Agreement, in the event a non-
probationary employee covered by this Agreement does not
voluntarily sign a written dues checkoff authorization, the
City, after being requested to do so in writing by the Union,
shall, commencing thirty (30) days after successfully completing
their probationary period or thirty (30) days after the
effective date of this Agreement, whichever is later, make an
involuntary deduction from the pay of the employee of the
employee's proportionate share of the service charge to
administer this Agreement in an amount that does not exceed 85%
of the uniform bi-weekly Union dues and shall remit such
deduction to the Treasurer of the Union. Upon written request
from the City, the Union shall submit prior to the start of the
payroll year, an affidavit which specifies the amount which
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constitutes a non-member's proportionate share of the cost of
administering this Agreement. The amount certified by the .
Union shall not include any cost for contributions related to
the election or support of any candidate for political office
or for any member-only benefit.
The Union agrees to assume full responsibility to insure
full compliance with the requirements laid down by the United
States Supreme Court in Chicago Teachers Union v. Hudson, 105
U.S. 1066 (1986) , with respect to the constitutional rights of
fair share fee payors. Accordingly, the Union agrees to do the
following:
1. Give timely notice to fair share fee payors of the amount
of the fee and an explanation of the basis for the fee,
including the major categories of expenses, as well as
verification of same by an independent auditor.
2. Advise fair share fee payors of an expeditious and
impartial decision making process whereby fair share fee
payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow
account pending resolution of any objections raised by
fair share fee payors to the amount of the fair share fee.
It is specifically agreed that any dispute concerning the
amount of the fair share fee and/or the responsibilities of the
Union with respect to fair share fee payors as set forth above
shall not be subject to the grievance and arbitration procedure
set forth in this Agreement.
Non-members who object to this fair share fee based upon
bona fide religious tenets or teachings shall pay an 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
selected by the affected non-member from an approved list of
charitable organizations established by the Illinois State
Labor Relations Board and the payment shall be made to said
organization.
Fair Representation. The Union recognizes its responsibility
as bargaining agent, and agrees fairly to represent all
employees in the bargaining unit, whether or not they are
members of the Union. The Union further agrees to indemnify,
defend and hold harmless the City and its officials, represen-
tatives and agents from any and all claims, demands, suits, or
other forms of liability (monetary or otherwise) and for all
legal costs resulting from any failure on the part of the Union
to fulfill its duty of fair representation.
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Indemnification. The Union shall indemnify and hold harmless
the City, its elected representatives, officers, administra-
tors, agents and employees from and against any and all claims,
demands, actions, complaints, suits or other forms of liability
(monetary or otherwise) that rise out of or by reason of any
action taken or not taken by the City for the purpose of
complying with the provisions of this Article, or in reliance
on any written checkoff authorization, affidavit, or list
furnished under any of such provisions.
Article 6. Duties of Employees
Section a. Duties . Employees covered by the terms of this
Agreement shall be required to perform those duties assigned to
them as described in the applicable position description;
provided, however, no bargaining unit employee shall be
required to engage in work amounting to personal servitude for
another employee, e.g. , making beds and washing dishes.
Section b. Subcontractina. 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.
Article 7. Notice of Medical Treatment
If a Fire Department supervisor is notified that an
employee has provided emergency care or life support services
to a patient who is suspected of having or has been diagnosed
as having, a dangerous communicable or serious infectious
disease, the employee shall be immediately notified. The costs
for any related medical examination and/or other diagnostic
tests for the employee in question shall be paid by the City.
Costs for treatment, if any, shall be in accordance with either
Worker 's Compensation if it is covered by Worker 's Compensation
or the health plan selected by the employee pursuant to Article
16 if it is not covered by Worker's Compensation. If there is
any question concerning whether it is covered by Worker's
Compensation, the determination shall be made by the Illinois
Industrial Commission, subject to the provisions for judicial
review set forth in the Worker 's Compensation Act.
Article 8 . Salary Range
Section a. Rate Review. The beginning Firefighter shall start
at step one of the salary range as reflected in Article 9. He
will be eligible to advance to step two of the Firefighter pay
range after six (6) months employment and will be eligible to
advance to further steps in said pay range at twelve (12) month
increments thereafter until reaching the range maximum.
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The beginning Fire Lieutenant will start in a salary range
as reflected in Article 9, which shall be one (1) step above
the maximum pay step of the Firefighter's salary range and will
be eligible to advance to further steps in said pay range at
twelve (12) month increments thereafter until reaching the
range maximum
Section b. Working Out of Class. Employees covered by this
Agreement shall receive additional compensation for assigned
work in a higher job classification during either: a minimum
ten (10) hour period on a scheduled work shift, or a minimum
ten (10) hour period when called in from off duty status to
fill a vacancy. Compensation for such assigned responsibility
shall be the hourly difference between the straight-time hourly
rate of: a) the top step of the Firefighter's salary range and
the first step of the Fire Lieutenant 's salary range when a
Firefighter is so assigned, or b) the top step of the Fire
Lieutenant's salary range and the first step of the Fire
Captain's salary range when a Fire Lieutenant is so assigned.
,Section c. Rank Security. All promotions of Firefighters to
Fire Lieutenant shall be to a salary level one (1) step above
the maximum step of the salary range of the position occupied
by the Firefighter prior to the promotion. This promotion
policy will apply to the Firefighter regardless of the salary
step occupied by the employee prior to the promotion.
Article 9 . Wages
Section a . Salary Ranges. Effective December 30, 1990, the
salary ranges for employees covered by this Agreement currently
on the payroll shall be:
Position 1. U .! y Y1
Firefighter 2307 2461 2615 2769 2923 3076
Fire Lieutenant 3244 3389 3529
Effective December 29, 1991, the salary ranges for
employees covered by this Agreement shall be:
Position y1
Firefighter 2428 2590 2752 2914 3076 3237
Fire Lieutenant 3447 3601 3750
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Effective December 27, 1992, the salary ranges for
employees covered by this Agreement shall be:
Position I II III IV V VI
Firefighter 2562 2732 2903 3074 3245 3415
Fire Lieutenant 3637 3799 3956
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 retroactive payment shall be made at a rate reflective of
the difference between the pay ranges in effect immediately
prior to the ratification of this Agreement and the new salary
ranges reflected in Section a. above which are effective the
first payroll period following ratification. Payment shall be
on an hour-for-hour basis for all regular hours actually worked
since December 30, 1990, including all hours of paid leave,
holiday additional pay or overtime hours between December 30,
1990, and the first payroll period following ratification.
Section c. Pension Pickup. As soon as the City' s new comput-
erized payroll software system is put into operation, the City
agrees to pickup the employee' s required pension contribution
out of the employee' s compensation and remit same to the Elgin
Firemen' s Pension Fund. The City will use its best efforts to
secure implementation of the new computerized payroll software
system not later than January 1, 1993 . The parties agree that
the "pickup" of employees ' required pension contributions
represents an accounting procedure whereby employee pension
contributions are treated as a form of deferred compensation,
thereby tax sheltering such pension contributions until such
time as pension payments are received. The provisions of this
Section are subject to applicable Internal Revenue Service
provisions governing same.
Article 10. Fireficthter/Paramedics, Lieutenant/Paramedics and
Mechanics
Section a. Compensation. Effective December 30, 1990, all
Firefighter/Paramedics and Lieutenant/Paramedics who are
certified and assigned as Paramedics shall receive a stipend of
$100.00 per month. Effective December 29, 1991, said stipend
should be increased to $125.00 per month. Effective December
27, 1992, said stipend should be increased to $150.00 per month.
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Section b. Opt Out Provisions if Number of EMT-P's Exceeds
Number Established by the Fire Chief. The Fire Chief shall
establish the number of bargaining unit employees (including
the number of Lieutenants) assigned to shift work who must
maintain current paramedic certification and shall have the
right to revise said number from time to time, provided that
the Fire Chief's determination of the number or the revision of
such number shall not be made for arbitrary and unreasonable
reasons. The Fire Chief shall advise the Union President of
the number of employees who must maintain current paramedic
certification and of any revision of such number. If the
number of employees who have paramedic certifications exceeds
the number that the Chief has established, employees up to the
number in excess of the number established by the Chief shall
have the right to be relieved of the requirement that they
maintain their paramedic certification, subject to the
following:
(1) Employees shall notify the Fire Chief in writing of
their desire to decertify or assume inactive status.
(2) If the number of employees who request to decertify
or assume inactive status would result in the number
of paramedics dropping below the number established
by the Fire Chief, first preference shall be given
to employees who have a valid medical reason for
requesting decertification or assumption of inactive
status, and second preference shall be given to
Firefighter/Paramedics who have the greatest period
of service as a paramedic in the Elgin Fire Depart-
ment. Second preference shall be given to the
Lieutenant/Paramedics based on seniority as a
Lieutenant.
(3) Requests from Firefighter/Paramedics and Lieutenant/
Paramedics shall be separately considered in accord-
ance with the foregoing.
Notwithstanding the foregoing, the Fire Chief shall grant
permission for good cause shown to decertify as a paramedic.
section c. Mandatory Decertification. If insufficient
employees voluntarily decertify or assume inactive status under
Section b. , and should the number of employees who have para-
medic certifications exceed the number the Fire Chief has
established, the Fire Chief may order employees to either
decertify as a paramedic or to cease functioning as a paramedic
with the Elgin Fire Department, thereby forfeiting any addi-
tional compensation the employee would otherwise receive
pursuant to the provisions of this Agreement, provided that the
number of bargaining unit employees assigned to shift work who
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are paramedics shall not be less than the number established by
the Fire Chief. If any employee elects not to decertify, but
merely to cease functioning as a paramedic in the Elgin Fire
Department and to forfeit additional compensation, any arrange-
ment necessary or costs incurred by such employee to maintain
his status as a paramedic shall be borne solely by the employee
and any time spent to maintain such status outside the
employee' s regularly scheduled hours of work shall not be
considered compensable time for any purpose. If the Fire Chief
orders any employees to decertify or cease functioning as a
paramedic pursuant to this section, the needs of the Department
shall be the controlling consideration; provided, however, that
the desires of an employee who is within one year of retirement
shall be given special consideration.
Section d. Mechanic Pay. Mechanics covered by this contract
shall receive a stipend of $62.50 per month in addition to
their base pay. Assignments shall be made on a voluntary basis
and application for the positions shall be accepted from all
interested employees .
Article 11. Hours of Work and Overtime
Section a. Application of This Article. This article is
intended to define the normal hours of work and provide the
basis for the calculation and payment of overtime and shall not
be construed as a guarantee of hours of work per day or per
week, or guarantee of days of work per week.
Section b. Normal Work Period. The normal hours of work shall
be 24 consecutive hours of duty starting at 7:00 a .m. and
ending the following 7:00 a.m. , followed by 48 consecutive
hours off duty. Effective December 29, 1991, a Kelly Day
(i .e. , what would otherwise be a 24 hour duty day) shall be
scheduled off every seventeenth duty day, thereby reducing the
normal work week to an average of 52.77 hours . The provisions
of Article 13 of the parties ' 1988-1990 collective bargaining
agreement shall continue to be applicable for the period of
time through December 28, 1991.
Section c. Reaular Overtime Pay. Employees covered by this
Agreement shall be paid one and one-half times their regular
straight-time hourly rate of pay for all hours worked in excess
of the normal 24 hour work shift.
Section d. FLSA Overtime and Work Period. The work period for
FLSA purposes shall be 28 consecutive days. An employee, in
addition to regular compensation, shall be paid one-half (1/2)
times his/her regular straight-time hourly rate of pay for all
hours of actual work on his/her regularly scheduled shifts in
excess of 212 hours of actual work in any regular 28 day work
period.
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Section e. Computation of Straight-Time Hourly Rate of P-y.
The straight-time hourly rate of pay for employees shall be
calculated by dividing the employee's annual base salary by the
annual hours of duty. For the period through December 28,
1991, the annual hours of duty used to compute the regular
straight-time hourly rate of pay shall be 2,912. Effective
December 29, 1991, the annual hours of duty used to compute the
regular straight-time hourly rate of pay shall be 2,744.
Section f. Trading of Kelly Days . Once Kelly days have been
scheduled for the following year, an employee may request to
trade Kelly days with another employee on the same shift as
long as it does not result in more than four paramedics or four
lieutenants being off work on either end of the trade, provided
that such a request shall not be unreasonably denied. Any
approved Kelly day trade shall be considered a duty trade for
purposes of the FLSA.
Section g. Callouts. An employee called back to work while
off duty after having completed his assigned work shall receive
a minimum of two (2) hours compensation, or his actual time,
whichever is greater, at one and one-half (1-1/2) times his
straight-time rate of pay.
Section h. Shift Transfers. Except for emergency situations
(e.g. , where it is necessary to make a shift change because an
employee goes on disability leave, etc. ) , where the Fire Chief
or his designee decides to transfer 24-hour employee(s) from
one shift to another, at least two weeks advance notice will be
given to affected employee(s) . If an employee wishes to
request a voluntary transfer, he shall submit such request for
consideration in writing through the chain of command.
Section i . No Pyramiding. Compensation shall not be paid more
than once for the same hours under any provision of this
Article of Agreement.
Section j . Light Duty Pool. The City may require an employee
who is on worker' s compensation leave (as opposed to disability
pension) to return to work, on a 40-hour work week basis, in an
available light duty assignment that the employee is qualified
to perform in the department or elsewhere in the City. The
assignment will be made after the City's physician has reason-
ably determined that the employee is physically able to perform
the light duty assignment in question without significant risk
that such return to work will aggravate any pre-existing injury
and that there is a reasonable expectation that the employee
will be able to assume full duties and responsibilities within
six months. Employees assigned to the Light Duty Pool will be
compensated at the regular rate of pay.
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An employee on extended sick leave may also request
assignment to light duty if available.
The City will not assign a Firefighter to the Light Duty
Pool elsewhere in the City if such assignment will violate the
terms of another collective bargaining agreement the City has
with another employee organization.
Nothing herein shall be construed to require the City to
create light duty assignments for an employee. Employees will
only be assigned to light duty assignments when the City
determines that the need exists and only as long as such need
exists.
Article 12 . Training
Section a. Mandatory Training. Mandatory training is any
training that is considered essential to enable the employee to
function and carry out the duties required of his position.
Examples of such training are:
Recruit training for Firefighter II certification
Initial EMT-A certification
Initial EMT-P certification
Skills maintenance training
In addition to the above training, the Fire Chief may
select other training opportunities deemed necessary and they
will be considered as mandatory.
Section b. Voluntary Training. Employees that volunteer to
attend the Fire Department approved special training at the
National Fire Academy which necessitates being absent from
their normally scheduled tour of duty shall continue to receive
their regular compensation for the duration of the special
training. The Employer may pay all of the costs of such
special training and shall reimburse the employees for all
expenses incurred only when agreed upon in advance between the
Fire Chief and the employee. These employees will be assigned
to this training on a 40-hour week schedule. Other training
courses, seminars, or college level course work that an
employee may volunteer to attend in agreement with the Fire
Chief prior to attendance will be considered under the current
reimbursement policy.
Section c. Posting of Fire Service Training Opportunities .
Training opportunities which the Fire Department decides to
offer to employees (e.g. , courses offered by the University of
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Illinois or the Illinois Fire Chiefs Foundation) shall be
posted in all fire stations and such posting shall set forth
the cost and the amount of reimbursement provided by the City,
if any, and whether or not attendance will be on the employee's
own time. As the Fire Chief or his designee determines a need
for training in a specialized area, and as long as it is
determined that the operational needs of the Fire Department
are being met, such training opportunities shall be equitably
distributed among qualified employees who express in writing
within the time specified in the posting an interest in being
considered for such training opportunities. Other training
opportunities which are not required to meet a fire department
operational need shall be equitably distributed among qualified
employees who express in writing, within the time specified in
the posting, an interest in being considered for such training
opportunities.
Article 13. Holiday Pay
Employees shall receive holiday compensation at their
straight-time hourly rate on an hour-to-hour basis for all
hours worked on the actual holiday in addition to their regular
pay. Employees who are not scheduled to work on a holiday and
who are called out to work on a holiday shall receive holiday
compensation of their straight-time hourly rate on an hour-to-
hour basis for all hours actually worked in addition to the
callout provisions of Article 11, Section g. of this
Agreement. For the purposes of this section, the holidays
shall be the following: New Year's Day; Easter Sunday;
Memorial Day; Independence Day; Labor Day; Veteran's Day;
Thanksgiving Day, and Christmas Day.
Article 14 . Vacation
Employees covered by this Agreement shall be eligible for paid
vacation as follows:
Years of Continuous Service Vacation Time Off
From the completion of one (1) year Five (5) shifts
to the seventh (7th) anniversary date
After seven (7) years to the fourteenth Seven (7) shifts
(14th) anniversary date
After fourteen (14) years Ten (10) shifts
The employee's anniversary date of employment from the
last day of hire as a full-time employee shall be the basis of
determining length of continuous service.
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Section a. Accrual. Effective December 29, 1991, vacation
hours are accrued each bi-weekly pay period if the employee is
paid for all his scheduled hours of work inclusive of vacation,
sick leave, workmen's compensation or authorized leave with
pay." An employee does not accrue additional vacation hours
while he is absent "without leave, " on "leave without pay" or
extending out accrued vacation hours upon retirement. The
vacation accrual provisions of the parties' 1988-90 collective
bargaining agreement shall be applicable for the period of time
through December 28, 1991.
Section b. Vacation Pay. An eligible employee shall be
entitled to a vacation allowance at the employee's regular
straight-time hourly rate.
Section c. Increasing Vacation. The annual vacation leave for
which an employee is eligible in any one year may be increased
by the conversion of accumulated sick leave. The employee with
more than sixty (60) accrued twelve (12) hour sick days, which
equals 720 hours, may convert three (3) 12-hour days of sick
leave for one (1) additional 12-hour period of vacation. Such
conversion shall be for a maximum of five (5) additional
12-hour periods of vacation in any one year, and may not
decrease the remaining accrual of sick leave below the base
accumulation of sixty (60) 12-hour sick days. Scheduling of
any such increased vacation shall be done only after the
determination of the vacation schedules for all other employees
in the department.
Section d. Scheduling. Vacations shall be scheduled insofar
as practicable at times most desired by each employee, in
increments of one (1) shift or more, with the determination of
preference being made on the basis of an employee's length of
continuous service. In order to provide an even distribution
of vacation picks over the course of an entire year, two (2)
slots per shift per duty day shall be initially available for
vacation picks by bargaining unit employees, as well as a third
slot on any day on which only one employee is scheduled off on
a Kelly day. After all two (2) vacation slots on all duty days
per shift have been picked, which shall be completed by
January 1, a third slot shall be made available for any
remaining vacation picks. A vacation pick may "bridge" a
scheduled Kelly day.
Article 15. Sick Leave
Employees covered by this Agreement shall earn sick leave
by accumulating the equivalent of one (1) 12-hour sick day for
each full month of continuous service. Employees may accumu-
late sick leave up to a total maximum accrual of 240 sick days,
which is the equivalent of 2880 hours of sick leave. Sick
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leave is an insurance-type benefit that should be used by the
employee only when needed and may be charged for the following
reasons:
-- Personal illness or injury
-- Illness or death of a member of the immediate family
necessitating the absence of the employee from his
work. (Members of the immediate family shall
include wife, husband, children, mother, father,
sister, brother, mother-in-law or father-in-law) .
-- Funeral of a close friend or relative. Such leave
shall be limited to travel time and necessary
attendance at the funeral.
While the City retains the right to monitor sick leave
usage, the City will not automatically require an employee to
present appropriate documentation for each sick leave
occurrence until after the use of at least 72 hours of sick
leave and at least three sick leave occurrences during the
calendar year. Notwithstanding the foregoing,
(1) the City may require appropriate documentation for
sick usage prior to the fourth occurrence if the
employee is off on sick leave for seventy-two (72)
consecutive shift hours or more; and
(2) documentation will not normally be required when the
absence is due to the death of a family member,
close friend or relative.
Absence due to death of a family member or relative shall not
count as a sick leave occurrence for the purposes of this
paragraph.
Section a. Accrual. Sick hours are accrued each payroll
period if the employee is paid a minimum of 52 .77 hours of work
inclusive of holidays; personal days; vacation; sick leave;
workmen's compensation; or authorized leave "with pay. " An
employee does not earn sick hours while he is on "leave without
pay" ; absent "without leave" ; or extending out accrued vacation
hours upon retirement.
Section b. Disability. Any employee who is ill or physically
unable to perform his duties and has used all his accumulated
sick leave and vacation leave shall be placed on a disability
leave for a period of six months. While on such disability
leave, the employee shall be continued to be covered by the
City on the hospitalization and life insurance programs but
shall not be eligible for additional accrual of sick leave and
vacation leave. Seniority shall continue to accrue while on
such leave.
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Before returning to work, an employee on such a disability
leave must present to the Personnel Department medical evidence
satisfactory to the City that the employee is capable of
returning to work and resuming his normal duties.
Section c. Injury or Suraerv. Employees who are absent from
work because of a severe injury or surgery must present a
written statement by a physician certifying that the employee
is capable of returning to work and resuming his full duties.
This statement must be brought to the Personnel Department
before the employee is allowed to return to work.
Section d. Conversion. In recognition of non-use of sick
leave, employees may convert accumulated sick leave for
additional vacation leave or for severance pay. Such con-
version shall be at the rate of three (3) 12-hour days of sick
leave for one (1) 12-hour period of vacation or one (1) 12-hour
period of severance pay.
(1) Vacation leave conversion requires an accumulation
of sick leave of over 60 accrued sick days which is
the equivalent of 720 hours of sick leave. Such
conversion is limited to a maximum of five (5)
12-hour periods of vacation leave in any one year.
(2) Retirement or severance pay is predicated on leaving
the City' s employment in good standing and requires
an accumulation of sick leave of over 90 accrued
sick days which is the equivalent of 1080 hours of
sick leave. This type of conversion is limited to a
maximum of twenty (20) 12-hour periods or 240 hours
upon separation.
(3) In the process of converting sick leave to addi-
tional vacation or severance pay, the remaining
balance of unused sick leave may not total less than
the required base accumulations of 60 or 90 twelve
(12) hour sick days.
Article 16 . Group Hospitalization and Life Insurance
Full-time employees who have been employed for at least
thirty (30) days will be eligible to elect one of the following
health and medical coverage options for themselves and their
dependents. The City reserves the right to change insurance
carriers, self-insure or implement cost containment features so
long as the overall coverage available to employees employed
upon the effective date of this Agreement is substantially the
same. Any difference between an employee (or his beneficiary)
and the health plan provider(s) or the processor of claims
shall not be subject to the grievance procedure as set forth in
this Agreement.
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Section a. Medical Insurance. The City will offer a group
medical insurance plan for the employees and their dependents .
The City will contribute to this program a cost equal to the
full premium and liability of City' s basic comprehensive major
medical insurance plan. Any costs for medical insurance over
and above the City' s contribution will be paid by the employees .
The deductible amounts will be $200 and $600 for employee
and dependent coverage, respectively, and major medical
coverage is $500,000 .
Section b. Health Maintenance Organization. The employee may
as an option, elect to participate in any eligible Health
maintenance Organization (HMO' s) certified with the City. The
City will contribute to the cost of an HMO plan a monthly
amount equal to that provided for the City' s basic compre-
hensive major medical insurance plan. Any costs for HMO
participation over this prescribed monthly amount will be paid
by the employee.
Section c. Retiree Participation. An employee who retires
with at least twenty (20) years of full-time active service
with the City of Elgin can elect to continue upon retirement in
the City' s basic comprehensive major medical insurance plan.
Said participation shall be available only as continuous
coverage with the retiree paying 100% of the City' s monthly
medical plan contribution. Such payment shall be payable in
advance on a quarterly basis or through a monthly pension
deduction. Participation may continue according to law or
until the discontinuation of the required payments.
Section d. Health Maintenance. Each employee covered by this
Agreement shall be eligible for a reimbursement up to $50. 00
annually for any health maintenance examination. Any eligible
employee may, at their option, elect to participate in a City
sponsored Wellness Program in lieu of the reimbursement.
Section e. Life Insurance. The City shall provide each
employee covered by this Agreement, who has been employed
full-time for thirty (30) days or more, with a $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 benefic-
iaries shall be entitled to benefits only in accordance with
and governed by the terms and conditions of the insurance
policies issued to provide such benefits . Neither the City nor
the Association shall themselves be obligated to pay any
insurance benefit provided under this item directly to employees
or their dependents or beneficiaries .
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The City retains the right to change insurance carriers or
otherwise provide for coverage (e.g. , self insurance) as long
as the level of benefits remains substantially the same.
Section f. Dental Insurance. Employees covered by this
Agreement shall be eligible to participate in the City's dental
insurance program at their own expense, subject to the same
terms and conditions which are applicable to City employees
generally, including any changes or modifications which may be
made from time to time. Employees who participate in the
City's Dental program will be notified prior to any such
changes or modifications.
Article 17. Uniform Allowance
Employees covered by this Agreement who have been employed
full-time for ninety (90) days or more shall be eligible for an
annual uniform allowance of $200 with equal payments being
issued by separate check during January and July of each year.
Effective with calendar year 1992, the annual uniform allowance
shall be increased to $275.
All turnout gear required by the City shall be provided by
the City at no cost to the employee. The City will replace at
no cost to the employee a required item of turnout gear if it
becomes worn out or damaged, provided that the employee must
turn in worn out/damaged turnout gear item(s) to the staff
officer designated by the Fire Chief and receive approval from
said staff officer to replace the item(s) , provided said
approval shall not be unreasonably denied. Any employee who
does not turn in worn out/damaged turnout gear items shall be
required to pay for the replacement.
Article 18. Separation Pav
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 Article 15, Section d(2) .
Article 19 . Death of an Employee
Upon the death of an employee, the employee's spouse,
legal heir, or executor of his estate shall receive compensa-
tion for all unused vacation leave, all eligible severance pay
pursuant to Article 18 above and the balance of the pay period's
compensation of the period in which the employee died.
Article 20 . Grievance Procedure
Section a. Definition of Grievance. A grievance for the
purpose of this Agreement is defined as a difference of opinion
between an employee covered by this Agreement and the City with
respect to the meaning or application of the express terms of
this Agreement.
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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 first event giving rise to the grievance. A grievance
shall be processed as follows :
Step 1: Verbal to Shift Captain on Duty. By dis-
cussion between the employee and the Shift
Captain on Duty. The Shift Captain on Duty
shall answer verbally within seven (7)
calendar days of this discussion.
Step 2: Appeal to Deputy Chief . If the grievance is
not settled in Step 1, the aggrieved employee
within seven (7) calendar days following
receipt of the answer from the Shift Captain
on Duty, shall file with the Deputy Chief a
written grievance signed by the employee on a
form provided by the City setting forth the
complete facts on which it is based, the
specific contract provision(s) allegedly
violated and the relief sought. The Deputy
Chief, or his designee, shall give a written
answer within seven (7) calendar days after
receipt of the written grievance.
Step 3 : Appeal to Chief . If the grievance is not
settled in Step 2, and the aggrieved employee
and the Association decide to appeal, the
Association shall, within seven (7) calendar
days from receipt of the Step 2 answer, file
with the Chief an appeal signed by the
aggrieved employee and the appropriate
Association representative. The Association
representative (not to exceed two) and the
chief, or his designee, will discuss the
grievance at a mutually agreeable time. If no
agreement is reached in such a discussion, the
Chief, or his designee, will give his answer
in writing within seven (7) calendar days of
the discussion.
Step 4 : Appeal to City Manacter. If the grievance is
not settled in Step 3 and the Association
decides to appeal the Association shall,
within seven (7) calendar days after receipt
of the Step 3 answer, file a written appeal
with the City Manager. A meeting between the
City Manager, or his designee, and the appro-
priate Association representative will be held
at a mutually agreeable time. If no settle-
ment is reached at such meeting, the City
Manager, or his designee, shall give his
answer in writing within fourteen (14)
calendar days of the meeting.
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Step 5: Arbitration. If the grievance is not settled
in accordance with the foregoing procedure,
the Association may refer the grievance to
arbitration by giving written notice to the
City Manager within fourteen (14) calendar
days after receipt of the City's answer in
Step 4. The parties shall attempt to agree
upon an arbitrator promptly. In the event the
parties are unable to agree upon an arbitra-
tor, they shall jointly request the Federal
Mediation and Conciliation Service to submit a
panel of seven (7) arbitrators from Illinois,
Wisconsin or Indiana who are members of the
National Academy of Arbitrators. The parties
shall alternatively strike one name at a time
from the list until one name remains, with a
coin toss being used to determine who strikes
first; provided that either party, before
striking any names, shall have the right to
reject one panel of arbitrators. The
arbitrator shall be notified of his selection
by a joint letter from the City and the
Association requesting that he set a time and
place for hearing, subject to the availability
of the City and Association representatives.
The arbitrator shall have no authority to
amend, modify, nullify, ignore, add to, or
subtract from the provisions of this Agreement.
He shall consider and decide only the specific
issue submitted to him and his award and
decision shall be based solely upon his
interpretation of the meaning or application
of the terms of this Agreement to the facts of
the grievance presented. The decision of the
arbitrator shall be final and binding. The
costs of the arbitration proceeding, including
the fee and expenses of the arbitrator, shall
be divided equally between the City and the
Association.
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. Where the parties mutually agree in writing, more than
one grievance may be submitted to the same arbitrator.
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Section d. Investigation and Discussion. All grievance
discussions and investigations shall take place in a manner
which does not interfere with City operations.
Section e. Board of Fire and Police Commissioners. It is
expressly understood that matters subject to the Board of Fire
and Police Commissioners or matters which may be appealed to
the Board of Fire and Police Commissioners are not subject to
this grievance procedure and that the sole recourse for such
matters is with the Board of Fire and Police Commissioners.
Article 21. Access to Personnel File
Upon reasonable request, an employee shall have the right
to review the non-confidential documents in his personnel file,
departmental as well as central, provided that no documents in
an employee's file shall be marked or altered. In the event
the City refuses to allow review of confidential documents, the
employee will be advised of the general nature of the documents
and basis of the confidential classification.
Effective 30 days after this Agreement is ratified by both
sides, an employee shall be notified when adverse material is
placed in his personnel file and the employee shall have the
right within 30 days thereafter to submit a response to any
such adverse material. An employee may request that a copy of
any of the non-confidential documents in his personnel file be
copied. If such a request is made, the employee shall reim-
burse the City for the reasonable cost of copying any such
documents (not to exceed the charges the City assesses for
Freedom of Information Act requests) . Nothing herein shall
require the City to collate or compile any information.
Article 22 . Safety
A Safety Committee composed of two persons designated by
the Fire Chief and two persons designated by the Union shall
meet monthly upon request for the purpose of discussing matters
of mutual concern relating to safety issues. The Safety
Committee, or a minority thereof, may make written recom-
mendations concerning safety issues to the Fire Chief or Acting
Chief, but such recommendations shall be advisory only. Within
fourteen (14) calendar days of receipt of the report from the
Safety Committee, or a minority of the Committee, the Fire
Chief or his designee shall set forth in writing his response
to the report and recommendations. Matters subject to review
by the Accident Review Board shall not be subject to review by
the Safety Committee for the purpose of determining cause or
disciplinary action.
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Any conclusions/recommendations (as opposed to facts)
contained in a Safety Committee report shall not be used in any
disciplinary proceeding.
If both the City and Union members of the Safety Committee
mutually agree that a seminar or training opportunity within
350 miles of Elgin would be beneficial in carrying out the
duties of the Safety Committee, the City shall reimburse each
Union member of the Safety Committee up to $250 per year for
the cost of tuition and/or expenses to attend such seminar or
training opportunity.
Article 23 . Bill of Rights
Nothing in this Agreement shall be construed to preclude
the applicability of the Firefighter Bill of Rights as set
forth in Illinois Revised Statutes, Chapter 85, S 2501, et
seq. , but said Bill of Rights shall not be incorporated herein
by reference.
Article 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 or a scientifically accurate equivalent) shall be
conducted. An initial positive test result shall not be
submitted to the City unless the confirmatory test result is
also positive as to the same sample. If the City, contrary to
the foregoing, receives the results of a positive first test
which is not confirmed as provided above, such information
shall not be used in any manner adverse to the employee. Upon
request, the City shall provide an employee with a copy of any
test results which the City receives with respect to such
employee.
A portion of the tested sample shall be retained by the
laboratory so that the employee may arrange for another
confirmatory test (GC/MS or a scientifically accurate
equivalent) to be conducted by a licensed clinical laboratory
of the employee's choosing and at the employee's expense.
- 21 -
Voluntary requests for assistance with drug and/or alcohol
problems (i .e. , where no test has been given pursuant to the
foregoing provisions) shall be held strictly confidential by
the Employee Assistance Program and the Fire Department shall
not be informed of any such request or any treatment that may
be given. Additionally, if an employee tests positive in the
testing procedure as outlined herein, the employee may be
advised and required to seek assistance through the Employee
Assistance Program or, if the circumstances warrant, may be the
recipient of appropriate disciplinary action, which may include
discharge. If the same employee tests positive a second time,
the test results shall be submitted to the City for appropriate
disciplinary action, which may include discharge.
Use of proscribed drugs at any time while employed by the
City, abuse of prescribed drugs, as well as being under the
influence of alcohol or the consumption of alcohol while on
duty, shall be cause for discipline, including termination,
subject to confirmation by the Elgin Board of Fire and Police
Commissioners. While all such disciplinary issues shall be
subject to the exclusive jurisdiction of the Elgin Board of
Fire and Police Commissioners, all other issues relating to the
drug and alcohol testing process (e.g. , whether there is
reasonable suspicion for ordering an employee to undertake a
test, whether a proper chain of custody has been maintained,
etc. ) may be grieved in accordance with the grievance and
arbitration procedure set forth in this Agreement.
Article 25. General Conduct
As a member of the public service, employees covered by
this Agreement shall conduct themselves, both on and off the
job, so as to bring credit upon the service and shall abide by
all Federal laws, State Statues, the Manual of the Elgin Fire
Department rules and regulations, the Board of Fire and Police
Commissioners rules and regulations, and the personnel rules
and regulations of the City of Elgin pertaining to general
conduct which are currently in effect or as amended in the
future.
Prior to effective date of any written changes made in the
written personnel rules and regulations of the City of Elgin or
the written rules and regulations excluding standard operating
procedures and codes of the Elgin Fire Department, the Associa-
tion will receive a five (5) day written notice.
Article 26 . Labor-Management Committee
At the request of eitherparty, the Union President and
the Fire Chief or their designees shall meet at least quarterly
to discuss matters of mutual concern that do not involve
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negotiations. The Union President may invite other bargaining
unit members (not to exceed two) to attend such meetings. The
Fire Chief may invite other City representatives (not to exceed
two) to attend such meetings. The party requesting the meeting
shall submit a written agenda of the items it wishes to discuss
at least seven (7) days prior to the date of the meeting.
Employees scheduled to work will notify the Fire Chief prior to
their attendance at a meeting and if such attendance is
approved, the employee will be permitted to attend the meeting
during his regular hours of work with no loss of pay.
A Labor-Management Committee meeting shall not be used for
the purpose of discussing any matter that is being processed
pursuant to the grievance procedure set forth in this Agreement
or for the purpose of seeking to negotiate changes or additions
to this Agreement.
Absent circumstances where it would not be reasonably
practicable, the Fire Chief or his designee will review at a
Labor-Management Committee meeting any substantive changes or
modifications to the Department's rules, regulations or
policies of general application prior to the implementation of
same.
Article 27. Miscellaneous
Section a. Duty Trades. Any two employees on different shifts
may request to trade duty time so long as the two employees are
determined to be fully capable to perform each other 's assigned
duties for the duty time involved. Requests for such trades
shall be submitted on the proper form by 5 p.m. on the shift
prior to the requested trade and approved by the Fire Chief or
his designee. Such requests shall not be unreasonably denied.
All approved duty trades must be paid back before the effective
date of an employee's promotion to a position not covered by
this Agreement. Notwithstanding any other provision of this
Agreement, no additional compensation shall be paid to any
employee as a result of duty trades.
Section b. Meal Shoppino. The employees assigned to one
apparatus at each fire station may be allowed, with the
approval of the Shift Deputy Chief or designee, which shall not
be unreasonably denied, reasonable time to shop in their
assigned still area for kitchen supplies and food to be eaten
at the fire station for all interested employees. Such
shopping shall normally be permitted and completed prior to
8 a.m. , or, if not, at another time that does not interfere
with departmental operations.
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section c. Inoculation/Immunization Shots. The City agrees to
pay all expenses for inoculation or immunization shots for any
employee wishing to be vaccinated or immunized where such
vaccination or immunization is normally available in the
Chicago metropolitan area and where such vaccination or
immunization is required or recommended by the EMS system
agency as a result of said employee's reasonably likely
exposure in the line of duty to contagious diseases. The cost
for any examination or diagnostic test necessary to confirm the
effectiveness of a vaccine or immunization shall be paid for by
the City. The City may require the employee to sign a consent
form prior to receiving any such vaccination or immunization.
Section d. Physical Fitness Program. The parties agree that
it is in their mutual interests for employees to be in good
physical condition. Accordingly, a Physical Fitness Committee
shall be established for the purpose of trying to reach mutual
agreement on the terms and conditions of an effective program,
said committee to be composed of two members appointed by the
Fire Chief and two members appointed by the Union President.
In the event full agreement is not reached by July 1,
1992, the City may implement a physical fitness program on an
interim basis, subject to the Union's right to refer any
disputed aspect of the interim program directly to arbitration
pursuant to the provisions of Article 20. In such event, the
arbitrator shall consider all evidence submitted by either
party concerning any disputed aspect of the program, including
any proposed modifications, and, if the arbitrator determines
that any aspect of the disputed program is unreasonable or
unjustified, he/she shall have the authority to change or
modify same and include such changes or modifications in the
final physical fitness program that will then be substituted
for the interim program.
Section e. Non-City Employment. Non-city employment of any
employee shall not interfere with the duties and responsibil-
ities of his/her City position nor restrict the performance of
his/her assigned City work. Non-city employment shall be
subject to the following conditions:
(a) Any injury during non-city employment resulting in
time lost from the City, cannot be charged to
accumulated sick leave nor shall there be any
additional accrual of vacation and sick hours during
such lost time. Eligibility for group medical
insurance, life insurance and pension disability
benefits will be determined by the respective
carrier or agency.
- 24 -
(b) Such non-city employment shall not be incompatible
or create a conflict of interest with City duties.
(c) Private business, non-city employment or activity
shall not be performed or entered into during
working hours or in City offices, buildings and
facilities.
Article 28. Entire Aareement
This Agreement, upon ratification, supersedes all prior
practices and agreements, whether written or oral, unless
expressly stated to the contrary herein, constitutes the com-
plete and entire agreement between the parties, and concludes
collective bargaining for its term unless otherwise expressly
provided herein.
The City and the Union, for the duration of this Agree-
ment, each voluntarily and unqualifiedly waives the right, and
each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter referred to
or covered in this Agreement, including the impact of the
City's exercise of its rights as set forth herein on wages,
hours or terms and conditions of employment. This paragraph
does not waive the right to bargain over any subject or matter
not referred to or covered in this Agreement which is a
mandatory subject of bargaining and concerning which the City
is considering a change during the term of this Agreement.
Article 29 . Savinas
If any provision of this Agreement is subsequently
declared by legislative or judicial authority to be unlawful,
unenforceable, or not in accordance with applicable statutes or
ordinances, all other provisions of this Agreement shall remain
in full force and effect for the duration of this Agreement.
If any of these provisions are in conflict with existing
Federal or State laws or ordinances of the City of Elgin or
Counties of Cook or Kane, then those provisions shall continue
in effect only to the extent permitted by law or ordinance.
Such invalidity shall not affect any other term of this Agree-
ment. In the event any such provision is found to be invalid,
the parties shall promptly meet for the purposes of negotiating
a lawful substitute provision.
Article 30. Impasse Resolution
In the event that the terms and conditions of a successor
agreement cannot be resolved by negotiation, disputed items
shall be resolved in accordance with the statutory impasse
resolution procedures (IPLRA, Ch. 48, Section 1614) , except
that the parties agree that the variances from statutory
- 25 -
impasse procedures expressly set forth in Appendix B shall be
followed to resolve any impasse arising between the parties as
to the terms and conditions of the successor agreement to this
Agreement. The parties ' agreement to include such variances in
this Agreement shall not be construed as waiving any rights
either party may have to object to the inclusion of any or all
of such variances in a successor agreement or create any
obligation on the part of either party to agree to include any
such variances in a successor agreement.
Article 31. Term
This Agreement shall be effective as of the 30th day of
December, 1990, 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 sixty (60) days prior to the
expiration date set forth above or each yearly period there-
after if applicable. Notwithstanding the expiration date set
forth above, this entire Agreement shall remain in full force
and effect during the period of negotiations and until a
successor agreement is ratified by both parties.
EXECUTED THIS 1�� day of February, 1992.
FOR THE CITY,
/ /
Attest: % 1 . By• A___
City Cler Cit .4,;nager
FOR THE ASSOCIATION,
Attest: t . B i.0104:/
Secretary . resident
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
Local No. 439 . All money so deducted shall be paid bi-weekly
on payroll days (the Friday immediately following the payroll
period) . The employee request forms shall be as follows:
"Payroll Deduction Authorization"
HY
Last Name First Name Middle Name
TO: The City of Elgin - Finance Director
Effective:
I hereby request and authorize you to deduct
bi-weekly from my earnings union dues or
service charge equal to $ annually.
The amount deducted shall be paid to the Elgin
Firefighters, Local No. 439.
Signed:
Address:
APPENDIX B
VARIANCES FROM STATUTORY IMPASSE PROCEDURE
Selection Of The Chairman Of The Arbitration Panel.
a) If either party serves a Demand For Compulsory
Interest Arbitration, the Chairman shall be selected by
utilizing the procedures specified in Step 5 of Article XX
(Grievance Procedure) of this agreement. The parties may
mutually agree to waive the statutory requirement for a
tripartite panel.
b) Concurrent with the period during which the Chairman
of the Panel is being selected and any period prior to the
date(s) set for hearing, the parties agree to continue good
faith collective bargaining as long as there is a reasonable
prospect of narrowing the differences between the parties, with
the advice and assistance of a mediator from FMCS if mutually
requested by the parties.
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 are
in dispute. Unless the parties agree to a different time frame,
not later than fourteen (14) days prior to the arbitration
hearing the representatives shall prepare a Stipulation Of
Issues In Dispute for each party to then execute. 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; pro-
vided, however, that each party agrees that it
will notify the other of any issue that it
regards as a non-mandatory subject of bargain-
ing not later than thirty (30) days prior to
the arbitration hearing. 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.
- 2 -
(ii) Unless the parties agree to a different time
frame, 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 last offers of
settlement prior to arbitration 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 of the issues identified as
being in dispute through further collective
bargaining or by modifying their final offers
as provided by § 14(g) of the Act.
d) Conduct Of Hearings. The parties agree that all
arbitration hearings shall be conducted as follows:
(i) 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.
(ii) The party requesting arbitration shall proceed
with the presentation of its case first as to
the issues as to which it is the moving
party. The non-requesting party shall then
present its case. Each party shall have the
right to submit rebuttal evidence and testi-
mony, as well as to submit a post-hearing
brief. Two (2) copies of each parties' post-
hearing brief shall be submitted directly to
the arbitrator within thirty (30) days of
receipt of a transcript of the hearing or such
other time period granted by the Chairman of
the panel. After receipt of the parties '
briefs, the arbitrator shall provide for the
simultaneous exchange of the parties ' briefs .
(iii) 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 the hearings or the submission of
post-hearing briefs, whichever is later.
BIDE LETTER
The City of Elgin and IAFF Local No. 439 have agreed to
continue the following two understandings for the duration of
the parties ' 1990-93 collective bargaining agreement:
1. Training: If an employee is away for a week or
longer while assigned to a 40-hour work week for training, then
the employee will be guaranteed at least 1 day off prior to
returning to his regular shift assignment. Example: If an
employee returns home Friday afternoon, he would receive either
the rest of his shift off on Friday or an entire shift day off
Saturday before returning to his regular shift duty.
2 . Discipline: A day of discipline for 24-hour shift
personnel will be considered 12 hours off .
CITY OF EL% IN IAFF LOCAL NO. 439
By 11.. _ By -4411111 ' _ '0
dill
Dated: March l,, 1992