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97-244 Resolution No. 97-244 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LOCAL NO. 439 , INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Local No. 439 , International Association of Firefighters for wages, fringe benefits and other working conditions for the period 1996 through 1999 , a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 8, 1997 Adopted: October 8, 1997 Omnibus Vote : Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT Between CITY OF ELGIN and LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 1997 - 1999 TABLE OF CONTENTS Page 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/ 6 Paramedics and Mechanics Section a. Compensation 6 Section b. Opt Out Provisions if Number of EMT-P's 6 Exceeds Number Established by the Fire Chief 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 8 Rate of Pay Section f. Trading of Kelly Days 9 Section g. Callouts 9 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. Assignment to 40 Hour Work Week For Training 10 Section d. Posting of Fire Service Training 11 Opportunities 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 Section e. Sick Leave Incentive Recognition 14 Article 16. Group Hospitalization and Life Insurance 15 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 16 Section f. Dental Insurance 16 Article 17 . Uniform 16 Section a. Quartermaster System 16 Section b. Uniform Maintenance Allowance 17 Article 18 . Separation Pay 17 Article 19. Death of an Employee 17 Article 20. Grievance Procedure 17 Section a. Definition of Grievance 17 Section b. Grievance Procedure 17 Section c. Time Limits 19 Section d. Investigation and Discussion 19 Section e. Board of Fire and Police Commissioners 19 Section f. Discipline 19 Article 21. Access to Personnel File 20 Article 22 . Safety 20 Article 23 . Bill of Rights 21 Article 24. Drug and Alcohol Testing 21 Article 25. General Conduct 22 Article 26. Labor-Management Committee 22 Article 27. Worker's Compensation Benefits 23 Article 28. Miscellaneous 23 Section a. Duty Trades 23 Section b. Meal Shopping 23 Section c. Inoculation/Immunization Shots 23 Section d. Physical Fitness Program 24 Section e. Non-City Employment 24 Article 29. Entire Agreement 24 Article 30. Savings 25 Article 31. Impasse Resolution 25 Article 32. Term 25 Appendix A Appendix B Appendix C Article 1. Recognition and Purpose of Agreement This Agreement is made by and between the City of Elgin (herein called "City") and Local #439, I.A.F.F. (herein called "Association") for and on behalf of all full-time Firefighters and Fire Lieutenants employed by the City. Each employee represented by the Association will receive a copy of this Agreement. The City recognizes the Association as the sole and exclusive 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 conditions 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 operations 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 operations 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 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 if 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 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. 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 authorization 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 2 from the City, the Union shall submit prior to the start of the payroll year, an affidavit which specifies the amount which constitutes a non-member's proportionate share of the cost of administering this Agreement. The amount certified by the Union shall not include any cost for contributions related to the election or support of any candidate for political office or for any 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, representatives 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 3 on the part of the Union to fulfill its duty of fair representation. Indemnification. The Union shall indemnify and hold harmless the City, its elected representatives, officers, administrators, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (Monetary or otherwise) that rise out of or by reason of any action taken or not taken by the City for the purpose of complying with the provisions of this Article, or in reliance on any written checkoff authorization, affidavit, or list furnished under any of such provisions. 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. 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. Article 7. Notice of Medical Treatment If a Fire Department supervisor is notified that an employee has provided emergency care of 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 4 be eligible to advance to further steps in said pay range at twelve (12) month increments thereafter until reaching the range maximum. The beginning Fire Lieutenant will start in a salary range as reflected in 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. Compensation for such assigned responsibility shall be the difference between the straight-time 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, of 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 22, 1996, the salary ranges for employees covered by this Agreement currently on the payroll shall be: Position I II III IV V VI Firefighter 2905 3097 3291 3485 3679 3872 Fire Lieutenant 4123 4307 4485 Effective July 1, 1997, the salary ranges for . employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 2926 3120 3316 3511 3706 3901 Fire Lieutenant 4154 4339 4519 Effective January 1, 1998, the salary ranges for employees covered by this Agreement shall be: 5 Position I II III IV V VI Firefighter 3036 3237 3440 3643 3845 4047 Fire Lieutenant 4310 4502 4688 Effective January 1, 1999, the salary ranges for employees covered by this Agreement shall be: Position I II III IV V VI Firefighter 3142 3350 3560 3771 3980 4189 Fire Lieutenant 4461 4660 4852 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 22 , 1996, including all hours of paid leave, holiday additional pay or overtime hours between December 22, 1996, and the first payroll period following ratification. Section c. Pension Pickup. 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 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. Firefighter/Paramedics, Lieutenant/Paramedics and Mechanics Section a. Compensation. Effective December 22 , 1996, all Firefighter/Paramedics and Lieutenant/Paramedics who are certified and assigned as Paramedics shall receive a stipend of $200. 00 per month. Effective January 1, 1998, said stipend should be increased to $212 .50 per month. Effective January 1, 1999, said stipend should be increased to $225.00 per month. Section b. Opt Out Provisions if Number of EMT-P's Exceeds Number Established by the Fire Chief. The Fire Chief shall 6 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 Department. 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 accordance 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 paramedic 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 additional compensation the employee would otherwise receive pursuant to the provisions of this Agreement, provided that the number of bargaining unit employees assigned to shift work who are paramedics shall not be less than the number established by the Fire Chief. If any employee elects not to decertify, but merely to cease functioning as a paramedic in the Elgin Fire Department and to forfeit additional compensation, any arrangement necessary or costs incurred by such employee to maintain his status as a paramedic shall be 7 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 $75.00 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. A Kelly Day (i.e. what would otherwise be a 24 hour duty day) shall be scheduled off every twelfth duty day, thereby reducing the normal work week to an average of 51. 38 hours. Effective January 1, 1998, a Kelly Day (i.e. , what would otherwise be a 24 hour duty day) shall be scheduled off every eleventh duty day, thereby reducing the normal work week to an average of 50.89 hours. Section c. Regular 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. Section e. Computation of Straight-Time Hourly Rate of Pay. 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 8 December 31, 1997, the annual hours of duty used to compute the regular straight-time hourly rate of pay shall be 2, 672 . Effective January 1, 1998, the annual hours of duty used to compute the regular straight-time hourly rate of pay shall be 2, 646. 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 q. 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 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. Employees assigned to the Light Duty Pool will be compensated at the regular rate of pay. An employee on extended sick leave may request assignment to light duty if available. A pregnant Firefighter may also request assignment to light duty upon the determination of her 9 physician that she can no longer safely perform regular Firefighter duties by virtue of her pregnancy. 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-B 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 Fire Department approved training may have the associated costs of such training paid for by the Employer. The Employer may pay for these costs and shall reimburse employees for expenses incurred only when agreed upon in advance between the Fire Chief and the employee. 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 City of Elgin's current tuition reimbursement policy. Section c. Assignment to 40 hour work week for training. For certain types of training that are 40 hours or longer in duration (i.e. National Fire Academy attendance) , the employee may be placed on a 40 hour work week. The employee shall continue to receive their regular compensation for the duration of this assignment. If the employee is away for a week or longer while assigned to a 50 hour work week for training, then the employee will be guaranteed at least 1 day off prior to returning to his regular shift assignment. 10 Example - If an employee returns home Friday afternoon, he/she would receive either the rest of their shift off on Friday or an entire shift day off Saturday before returning to their regular shift duty. Section d. Posting of Fire Service Training Opportunities. Training opportunities which the Fire Department decides to offer to employees (i.e. courses offered by the University of Illinois or the Illinois Fire Chief's Association) 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. Those qualified employees interested in attending such training opportunities shall notify the Training Officer in writing, within the time specified, of his/her desire to attend such training. 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. Martin Luther King Jr's. birthday shall be provided as a holiday in the event any other bargaining unit is provided such holiday. 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 to the twenty- Ten (10) shifts second (22nd) anniversary date After twenty-two (22) years and over Twelve (12) shifts 11 The employee's anniversary date of employment from the last day of hire as a full-time employee shall be the basis of determining length of continuous service. Section a. Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is paid for 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 our accrued vacation hours upon retirement. Section b. Vacation Pay. An eligible employee shall be entitled to a vacation allowance at the employee's regular straight-time hourly rate. Section c. Increasing Vacation. The annual vacation leave for which an employee is eligible in any one year may be increased by the conversion of accumulated sick leave. The employee with more than sixty (60) accrued twelve (12) hour sick days, which equals 720 hours, may convert three (3) 12-hour days of sick leave for one (1) additional 12-hour period of vacation. Such conversion shall be for a maximum of five (5) additional 12-hour periods of vacation in any one year, and may not decrease the remaining accrual of sick leave below the base accumulation of sixty (60) 12-hour sick days. Scheduling of any such increased vacation shall be done only after the determination of the vacation schedules for all other employees in the department. Section d. Scheduling. Vacations shall be scheduled insofar as practicable at times most desired by each employee, in increments of one (1) shift or more, with the determination of preference being made on the basis of an employee's length of continuous service. In order to provide an even distribution of vacation picks over the course of an entire year, three (3) slots per shift per duty day shall be available for vacation picks by bargaining unit employees. After all three (3) vacation slots on all duty days per shift have been picked, which shall be completed by January 1, a fourth 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 accumulate sick leave up to a total maximum accrual of 240 sick days, which is the equivalent of 2880 hours of sick leave. Sick leave is an insurance-type benefit that should be used by the employee only when needed and may be charged for the following reasons: 12 -- 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 51. 38 hours of work inclusive of holidays (this will change to 50. 89 hours effective January 1, 1998; 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. 13 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 Surgery. Employees who are absent from work because of a severe injury or surgery must present a written statement by a physician certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Personnel Department before the employee is allowed to return to work. Section d. Conversion. In recognition of non-use of sick leave, employees may convert accumulated sick leave for additional vacation leave or for severance pay. Such conversion 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 fire (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 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 twelve (12) hour sick days. Section e. Sick Leave Incentive Recognition. In recognition of the non-use of sick leave, all employees on the payroll for the full payroll year (actually working a minimum of 2 , 004 regularly scheduled hours in 1997 and 1, 985 hours in 1998 and 1999) , shall be eligible for a sick leave incentive recognition bonus in accordance with the following schedule: Sick Leave Hours Used in Payroll Year Recognition 0 $ 85. 00 1 to 48 55. 00 49 to 96 30. 00 14 Following the end of the payroll year, payment will be made for any bonus recognition for which an employee may be eligible. 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. 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 comprehensive 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 15 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 $35, 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. 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 Section a. Quartermaster system. The City will replace required uniform and 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 and equipment items to his Deputy Chief and receive authorization from him to replace the item or items in question. It is understood that equipment items may be appropriately repaired rather than replaced if it is reasonable to repair the item. Any employee who does not turn in worn out/damaged uniform and equipment items, except where such item or items were damaged in the line of duty, shall be required to pay for the replacement. The uniform items covered under these provisions shall be as follows: Long Sleeve Shirts Belt Uniform Patches 16 Uniform Hat Jackets (One Uniform/One EMS) Summer Style Shirts Short Sleeve Shirts Badges Shoes (4 Styles out of which an employee selects one) Set Work Out Gear Pairs of Trousers Sets of Collar Insignia (if needed) Complete Dress Uniform Name Tags All Turn Out Gear must meet NFPA standards at the date of issue. All uniform items that may be worn during structural firefighting must be mutually agreed upon by the Union and the City. Section b. Uniform Maintenance Allowance. Annual maintenance allowance of $200 per employee payable in two equal installments in January and July. Article 18. Separation Pay_ All regular employees separating from the City service in good standing are eligible for payment of all accrued vacation hours and severance pay pursuant to 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 compensation 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. 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 discussion between the employee and the Shift Captain on Duty. The Shift Captain on Duty 17 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 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 fourteen (14) calendar days of the meeting. Step 5: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Association may refer the grievance to arbitration by giving written notice to the City Manager within fourteen (14) calendar days after receipt of the City's answer in Step 4 . The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, they 18 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. 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. Section f. Discipline. A day of discipline for 24-hour shift personnel will be considered 12 hours off. 19 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. 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 reimburse the City for the reasonable cost of copying any such documents (not to exceed the charges the City assesses for Freedom of Information Act request) . 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 recommendations 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. 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. 20 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, Section 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. 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 21 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 Association will receive a five (5) day written notice. Article 26. Labor-Management Committee At the request of either party, the Union President and the Fire Chief or their designees shall meet to discuss matters of mutual concern that do not involve negotiations. The Union President may invite other bargaining unit members (not to exceed three) to attend such meetings. The Fire Chief may invite other City representatives (not to exceed three) 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 22 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. Worker's Compensation Benefits The City shall not enact any ordinance, rule, regulation or other law that bars or has the effect of barring the rights of employees injured in the line of duty from continuing to exercise their rights to file and have their claims heard and determined according to the provisions of the Illinois Workers Compensation Act (820 ILCS 305/1, et seq. ) . For employees injured in the line of duty the Illinois Worker's Compensation Act and the Public Employee Disability Act (5 ILCS 345/0. 01 et seq. ) shall govern the City's handling of claims, including, but not limited to, claim processing, and other proceedings before the Illinois Industrial Commission. Article 28. 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 Shopping. 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. 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 23 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 interest for employees to be in good physical condition. Accordingly, a Physical Fitness Committee shall be established for the purpose of discussing matters of mutual concern relating to physical fitness issues. The Physical Fitness Committee, or two members thereof, may make written recommendations concerning Fitness issues to the Fire Chief or Acting Chief, but such recommendation shall be advisory only. Within a reasonable number of days of receipt of the report from the Physical Fitness Committee, or two members thereof, the Fire Chief or his designee shall set forth in writing his response to the report and recommendations. The Physical Fitness committee is to be composed of two members appointed by the Fire Chief and two members appointed by the Union President. Section e. Non-City Employment. Non-city employment of any employee shall not interfere with the duties and responsibilities 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. (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 29. Entire Agreement This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, constitutes the complete and entire agreement between the parties, and 24 concludes collective bargaining for its term unless otherwise expressly provided herein. The City and the Union, 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 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 30. Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. If any of these provisions are in conflict with existing Federal or State laws of 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 Agreement. 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 31. 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 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 32 . Term This Agreement shall be effective as of the 22nd day of December, 1996, and shall remain in full force and effect until the 31st day of December, 1999 . It shall be automatically renewed from year to year thereafter unless 25 either party shall notify the other in writing sixty (60) days prior to the expiration date set forth above or each yearly period thereafter 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 'f,t day of 1"4-C-A-te2-,, , 1997. FOR THE_ CITY, Attest: 6;41/441 Mo.eu,,, BY: �` ((��0 City Clerk "`"'v�7`. City Manager ; FOR THE ASSOCIATION, Attes • C/ By: `��>�- ,0,4'- .w Se tary President 26 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 eighteen (18) month probationary status. There shall be one copy of the checkoff sheet sent to the Local No. 439. All money so deducted shall be paid bi-weekly on payroll days (the Friday immediately following the payroll period) . The employee request forms shall be as follows: "PAYROLL DEDUCTION AUTHORIZATION" By Last Name First Name Middle Name TO: The City of Elgin - Human Resources Dept. Effective: I hereby request and authorize you to deduct bi-weekly from my earnings union dues or service charge equal to 1% of top Firefighter pay. This amount deducted shall be paid to the Elgin Association of Firefighters, Local 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; 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 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 declamatory ruling after receiving such notice from either party that it regards a particular issue a non-mandatory subject of bargaining. (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 Section 14 (g) of the Act. d) Conduct of Hearings. The parties agree that all arbitration hearings shall be conducted as follows: (i) Hearing 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 testimony, 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. APPENDIX C CITY OF ELGIN EMPLOYEE DISCIPLINARY REVIEW FORM DEPARTMENT INITIATING ACTION: Name of Employee: Date of Employment: Job Title: Division: Reason For Proposed Action: Recommended Discipline: _Suspension # of Days Termination Others: If Policeman or Firefighter, was Bill of Rights Followed: Yes No Please Detail Employee's Disciplinary History or Performance History as it relates to the recommended action: Please narrate sequence of events leading to or pertaining to the recommended action: Have Other Employees Been quilty of Similar Misconduct? Yes No Was Discipline Imposed? Nature of Such Discipline: