05-252 Resolution No. 05-252
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE LOCAL#439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an Agreement with the Local#439 International Association of Firefighters on
behalf of the City of Elgin for 2004-2006,a copy of which is attached hereto and made a part hereof
by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 24, 2005
Adopted: August 24, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
Between
CITY OF ELGIN
and
LOCAL#439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
2004—2006
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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 1
Article 5. Dues Checkoff and Fair Share 2
Article 6. Duties of Employees 3
Section a. Duties 3
Section b. Subcontracting. 3
Article 7.Notice of Medical Treatment 3
Article 8. Salary Range 4
Section a. Rate Review.. 4
Section b. Working Out of Class. 4
Section c. Rank Security. 4
Article 9. Wages 4
Section a. Ranges. 4
Section b. Retroactivity 5
Section c. Pension Pickup. 6
Section d. Longevity Pay. 6
Article 10. Firefighter/Paramedics, Lieutenant/Paramedics and Mechanic 6
Section a. Compensation 6
Section b. Opt Out Provisions if Number of EMT-P's Exceeds Number
Established by the Fire Chief• 6
Section c. Mandatory Decertification. 7
Section d. Mechanic Pay 7
Article 11. Hours of Work and Overtime 7
Section a. Application of This Article. 7
Section b.Normal Work Period 7
Section c. Regular Overtime Pay. 8
Section d FLSA Overtime and Work Period 8
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d
Table of Contents
(continued)
Page
Section e. Computation of Straight-Time Hourly Rate of Pay 8
Section f. Time Off Scheduling. 8
Section g. Trading of Kelly Days 8
Section h Call Back 8
Section i. Shift Transfers 8
Section j. No Pyramiding. 8
Section k. Light Duty Pool 8
Section 1. Shift Hold Over 9
Article 12. Training 9
Section a. Mandatory Training. 9
Section b. Voluntary Training 10
Section c. Assignment to 40 Hour Work Week for Training. 10
Section d. Posting of Fire Service Training Opportunities. 10
Article 13. Holiday Pay 10
Article 14. Vacation 10
Section a. Accrual. 11
Section b. Vacation Pay. 11
Section c. Increasing Vacation 11
Section d. Scheduling 11
Article 15. Sick Leave 11
Section a. Accrual. 12
Section b. Disability.. 12
Section c. Injury or Surgery. 12
Section d. Conversion. 12
Section e. Sick Leave Incentive Recognition. 13
Article 16. Group Hospitalization and Life Insurance 13
Medical Insurance. 13
Section a. Medical Insurance(PPO) 13
Section b. Health Maintenance Organization(HMO) 13
Section c. Retiree Participation 14
Section d. Life Insurance 14
Section e. Dental Insurance 14
Section f. Section 125 Plan. 14
Article 17. Uniform 14
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Table of Contents
(continued)
Page
Section a. Quartermaster System. 14
Section b.Uniform Items: Initial uniform issue for new employees. 15
Section c. Uniform Maintenance Allowance. 15
Article 18. Separation Pay 15
Article 19. Death of an Employee 15
Article 20. Grievance Procedure 15
Section a. Definition of Grievance 15
Section b. Grievance Procedure. 16
Section c. Time Limits. 17
Section d. Investigation and Discussion. 17
Section e. Discipline. 17
Article 21. Discipline 17
Article 22. Access to Personnel File 19
Article 23. Safety 19
Article 24. Bill of Rights 20
Article 25. Drug and Alcohol Testing 20
Article 26. General Conduct 21
Article 27. Labor-Management Committee 21
Article 28. Worker's Compensation Benefits 21
Article 29. Promotions 22
Section a. General. 22
Section b.Eligibility 22
Section c. Rating Factors and Weights. 22
Section d. Maintenance of Promotion Lists. 23
Article 30. Miscellaneous 23
Section a. Duty Trades.. 23
Section b. Meal Shopping. 23
Section c. Inoculation/Immunization Shots. 24
Section d.Physical Fitness Program. 24
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Table of Contents
(continued)
Page
Section e. Non-City Employment. 24
Section f. Residency 24
Article 31. Entire Agreement 24
Article 32. Savings 25
Article 33. Impasse Resolution 25
Article 34. Term 25
SIDE LETTER 27
APPENDIX A 28
APPENDIX B 29
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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 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
CHI 10923852.4
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 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.
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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 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 care 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
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Workers Compensation 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.
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, 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. Ranges. Effective January 1, 2004, the monthly and yearly salary ranges for
employees covered by this Agreement shall be:
Position I II III IV V VI
Firefighter 3,777 4,027 4,279 4,533 4,784 5,035
45,324 48,324 51,348 54,396 57,408 60,420
Lieutenant 5,362 5,602 5,832
64,344 67,224 69,984
The foregoing base monthly and yearly salary ranges for 2004 for both the ranks of Firefighter
and Lieutenant reflect an across-the-board increase of five percent (5.0%), of which three
quarters of one percent(0.75%) is an internal/external equity adjustment.
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Effective January 1, 2005, the monthly and yearly salary ranges for employees covered by this
Agreement shall be:
Position I II III N V VI
Firefighter 3,938 4,198 4,461 4,726 4,987 5,249
47,256 50,376 53,532 56,712 59,844 62,988
Lieutenant 5,617 5,868 6,109
67,404 70,416 73,308
The foregoing base monthly and yearly salary ranges for the rank of Firefighter for 2005 reflect
an across-the-board increase of four and one-quarter percent (4.25%). The foregoing base
monthlyand yearly salary ranges for the rank of Lieutenant reflect an across-the-board increase
of four and three quarter percent (4.75%), of which one-half of one percent (0.50%) is an
internal/external equity adjustment.
Effective January 1, 2006, the monthly and yearly salary ranges for employees covered by this
Agreement shall be:
Position I II III N V VI
Firefighter 4,086 4,355 4,628 4,903 5,174 5,446
49,032 52,260 55,536 58,836 62,088 65,352
Lieutenant 5,870 6,132 6,384
70,440 73,584 76,608
The foregoing base monthly and yearly salary ranges for the rank of Firefighter for 2006 reflect
an across-the-board increase of three and three quarter percent (3.75%). The foregoing base
monthly and yearly salary ranges for the rank of Lieutenant reflect an across-the-board increase
of four and one-half percent (4.5%), of which three quarters of one of one percent (0.75%) is an
intemal/external equity adjustment.
The foregoing salary increases are in addition to all in-range step increases to which employees
may be eligible for on their anniversary dates during the term of this Agreement.
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 January 1, 2004, including all hours of paid
leave, holiday additional pay or overtime hours between January 1, 2004, and the first payroll
period following ratification.
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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.
Section d. Longevity Pay. Effective January 1, 2005, employees with continuous service with
the City in a position covered by this Agreement shall receive annual longevity pay in
accordance with the following schedule:
Years of Continuous Service Amount of Longevity Pay
10 years but less than 15 years $500
15 years but less than 20 years $750
20 years or more $1,000
Effective January 1, 2006, employees with continuous service with the City in a position covered
by this Agreement shall receive annual longevity pay in accordance with the following schedule:
Years of Continuous Service Amount of Longevity Pay
10 years but less than 15 years $600
15 years but less than 20 years $900
20 years or more $1,200
Longevity pay shall be considered as part of the employee's base salary for the purpose of
computing the hourly rate of pay for overtime pay purposes.
Article 10. Firefighter/Paramedics, Lieutenant/Paramedics and Mechanic
Section a. Compensation. Effective January 1, 2004, all Firefighter/Paramedics and
Lieutenant/Paramedics who are certified and assigned as Paramedics shall receive a stipend of
$290.00 per month. Effective January 1, 2005, said stipend shall be increased to $305.00 per
month. Effective January 1,2006, said stipend shall be increased to $320.00 per month.
Section b. Opt Out Provisions if Number of EMT-P's Exceeds Number Established by the Fire
Chief. The Fire Chief shall establish the number of bargaining unit employees (including the
number of Lieutenants) assigned to shift work who must maintain current paramedic certification
and shall have the right to revise said number from time to time, provided that the Fire Chief s
determination of the number or the revision of such number shall not be made for arbitrary and
unreasonable reasons. The Fire Chief shall advise the Union President of the number of
employees who must maintain current paramedic certification and of any revision of such
number. If the number of employees who have paramedic certifications exceeds the number that
the Chief has established, employees up to the number in excess of the number established by the
Chief shall have the right to be relieved of the requirement that they maintain their paramedic
certification, subject to the following:
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•
(1) Employees shall notify the Fire Chief in writing of their desire to decertify or assume
inactive status.
(2) If the number of employees who request to decertify or assume inactive status would
result in the number of paramedics dropping below the number established by the Fire
Chief, first preference shall be given to employees who have a valid medical reason for
requesting decertification or assumption of inactive status, and second preference shall be
given to Firefighter/Paramedics who have the greatest period of service as a paramedic in
the Elgin Fire 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 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 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$110.00
per month in addition to their base pay. Mechanics shall be selected from voluntary applicants
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
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off duty. A Kelly Day(i.e:, what would otherwise be a 24 hour duty day) shall be scheduled off
every ninth duty day,thereby reducing the normal work week to an average of 50.15 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 regular straight/time hourly rate of pay for all hours of actual work on his 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. The annual hours of duty used to compute the regular straight time hourly
rate of pay shall be 2,608.
Section f. Time Off Scheduling. Other provisions of this agreement not withstanding, at no time
will more than four (4) lieutenants be scheduled off at the same time on a combination of
Vacation, Kelly Day, Kelly Trade, Duty Trade or Sick Time Conversion. This restriction shall
not apply to sick leave or Workers Compensation.
Section g. 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, 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 h. Call Back. 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 of pay.
Section i. 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 j. No Pyramiding. Compensation shall not be paid more than once for the same hours
under any provision of this Article of Agreement.
Section k. 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
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duties and responsibilities within six months. Light duty assignments shall not exceed and shall
automatically expire in six months. Light duty assignments may be extended up to an additional
six months at the discretion of the City Manager. 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
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.
Section 1. Shift Hold Over. A hold over occurs when an employee is required to stay past their
scheduled shift. An employee that is held over after their scheduled shift shall be paid for their
actual time worked, at the overtime rate of one and a half times hourly rate, rounded off to the
nearest tenth of an hour.
Article 12. Training
Section a. Mandatory Training. Mandatory training is any training that is considered essential
by the Fire Chief to enable the employee to function and carry out the duties required of their
position. Such training shall include but shall not be limited to:
Recruit training for Firefighter II certification
Fire Apparatus Engineer Certification
Haz-Mat Operations Certification
Journeyman training for Firefighter III certification (This is applicable to all employees
hired after January 1, 2004)
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
that he deems necessary and designate them as mandatory training. Mandatory training shall be
paid at time and a half when performed while an employee is off duty.
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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 40 hour work week for training,then the employee will be guaranteed at least
(1) calendar 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.
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 back 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 callback 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; Martin Luther King's Birthday; Easter Sunday; Memorial Day; Independence Day; Labor
Day; Veteran's Day; Thanksgiving Day; Christmas Day; Christmas Eve (1/2 Day); and New
Year's Eve(1/2 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 to the Five(5) shifts
seventh(7th) anniversary date
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After seven(7) years to the fourteenth(14`h) Seven(7) shifts
anniversary date
After fourteen(14) years to the twenty-second Ten(10) shifts
(22°d) anniversary date
After twenty-two (22) years and over Twelve(12) shifts
The employee's anniversary date of employment from the last day of hire as a full-time
employee shall be the basis of determining length of continuous service.
Section a. Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is
paid for 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.
Section b. Vacation Pay. An eligible employee shall be entitled to vacation pay at the
employee's regular straight-time hourly rate of pay.
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:
-- personal illness or injury
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CHI 10923852.4
-- 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.
The City retains the right to monitor sick leave usage. The City will automatically
require an employee to present appropriate documentation for each sick leave used after the use
of at least 72 consecutive shift hours of sick leave. 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 50.15 hours; 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 continue to be
covered by the City on the hospitalization and life insurance programs but shall not be eligible
for additional accrual of sick leave and vacation leave. Seniority shall continue to accrue while
on such leave.
Before returning to work, an employee on such a disability leave must present to the
Human Resources 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
Human Resources 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 five (5) 12-hour periods of vacation leave
in any one year.
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(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 1,956 hours)
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
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
Medical 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.
The deductible amounts are $200 and $600 for employee and dependent coverage, respectively,
and major medical coverage is$5,000,000.
Section a. Medical Insurance (PPO)
• Effective July 1, 2005, the City will pay 92.5%of the specified premium for the
coverage selected(i.e., single, single plus 1, or family) and the employee will pay
via payroll deduction the remaining 7.5%of the specified premium.
• Effective January 1, 2006, the City will pay 91.5%of the specified premium for
the coverage selected (i.e., single, single plus 1, or family) and the employee will
pay via payroll deduction the remaining 8.5% of the specified premium.
Section b. Health Maintenance Organization(HMO)
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CHI 10923852.4
• Effective January 1,2005,the City will pay 92.5%of the specified premium for
the coverage selected(i.e., single or family) and the employee will pay via payroll
deduction the remaining 7.5%of the specified premium.
• Effective January 1,2006, the City will pay 91.5% of the specified premium for •
the coverage selected(i.e., single or family) and the employee will pay via payroll
deduction the remaining 8.5%of the specified premium.
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. 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 $45,000 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 e. 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.
Section f. Section 125 Plan. Effective as soon as possible after issuance of Arbitrator Krinsky's
interest arbitration award, the City will implement a Section 125 plan that will enable employees
to tax shelter the amount they pay towards the cost of insurance coverage, as well as tax shelter
amounts used to pay for unreimbursed medical expenses and child care/dependent care expenses.
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 Battalion 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
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CHI 10923852.4
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.
Section b. Uniform Items: Initial uniform issue for new employees:
Long Sleeve Shirts
Belt
Uniform Patches
Uniform Hat
Jackets (One Uniform/One EMS)
Summer Style Shirts
Short Sleeve Shirts
Badges
Shoes/Boots
Pairs of Trousers
Sets of Collar Insignia
Complete Dress Uniform
Name Tags
Workout gear to be determined by the Chief
Items will be replaced as stated in Section 17 (a) above. 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 c. Uniform Maintenance Allowance. Annual maintenance allowance of $200 per
employee shall be paid 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 expressed terms of this agreement and matters involving the suspension or the
removal or discharge from employment with the city of non-probationary employees covered by
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CHI 10923852.4
this agreement. Such disciplinary grievances shall be initiated at step one of the grievance
procedure.
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: Written to On Duty Shift Captain (not an acting captain). By written grievance
from the employee to the Shift Captain on duty. The Shift Captain on Duty
shall answer in writing within seven(7)calendar days of the submission.
Step 2: Appeal to Battalion 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 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
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CHI 10923852.4
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
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. Discipline. A day of discipline for 24-hour shift personnel will be considered 12
hours off.
Article 21. Discipline
1. Disciplinary actions instituted by the Employer shall be for just cause. Where
appropriate,the following progressive discipline will be utilized, it being understood that,
dependent upon the severity of the offense, discipline may be initiated at any of the steps
mentioned below:
1. Oral Reprimand
2. Written Reprimand
3. Suspension
4. Discharge
Oral reprimands and written reprimands may be appealed through the grievance
procedure but are not subject to arbitration. If the Employer has reason to reprimand an
employee, it should be done, if possible, in a manner that will not embarrass the
employee before other employees or the public.
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2. Copies of all suspensions and discharge notices shall be provided to the employee and the
Union. Discipline shall be subject to the grievance procedure, up to and including
arbitration. All disciplinary actions set forth in Section 1 of this Article shall be within
the authority of the Fire Chief or his designee to impose. The grievance and arbitration
procedure for this Agreement is hereby declared to be the exclusive mechanism for
appealing such disciplinary actions, expressly supplanting any appeal rights that an
employee might otherwise have under City of Elgin Fire and Police Commission rules
and regulations and/or Fire and Police Commissioners Act 65 ILCS 5/10-1-1, et seq.
3. Any Employee found to be unjustly suspended or discharged shall be reinstated with full
compensation for all lost time and full restoration of all other rights, benefits, and other
conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a
grievance settlement or deemed appropriate by an arbitrator.
4. Disciplinary action recorded in the employee's personnel files shall not be used after
twelve (12) months to justify subsequent discipline action. All records of discipline
actions in an employee's file shall be removed by the Employer upon request from an
employee and given to the employee after the twelve(12) month period.
5. The Employer will conduct disciplinary investigations when it receives complaints or has
reason to believe an employee has violated the rules and regulations of the Elgin Fire
Department and/or just cause for discipline action exists.
If practicable, after concluding any necessary investigation but prior to taking any final
disciplinary action, the Employer shall notify the employee of the contemplated measure
of the discipline to be imposed, and shall meet with the employee involved and inform
them of the reasons for such contemplated disciplinary action. Copies of the following
documents shall be given to the employee, if so requested in writing, at this notification
and review meeting:
1. Allegation of violations of the rules and regulations, and who made them.
2. Statement of charges.
3. Chief's recommendation.
4. Copies of the employee's relevant past discipline.
The Employee shall provide written acknowledgement of his receipt and review of the
above-listed documents.
The employee shall be entitled to Union representation at such meeting if so requested
prior to the meeting and shall be given the opportunity to rebut the reason for such
proposed discipline.
It is agreed however that in no case shall the suspension or discharge of a probationary
employee be subject to the grievance and arbitration procedure of this Agreement.
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6. A day of discipline for 24-hour shift personnel will be considered 12 hours off.
7. For grievances involving the suspension or discharge from employment with the City of
non-probationary employees covered by this Agreement, the parties agree to request that
the arbitrator schedule a hearing for such discipline grievance within thirty (30) days of
the arbitrator's notification of selection, and shall also request that each arbitrator in such
disciplinary grievance render a decision within thirty (30) days of the date of any such
hearing. In the event any arbitrator fails to conform to the aforementioned time
restrictions it shall be without prejudice to either party.
Article 22. 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 Requests). Nothing herein shall
require the City to collate or compile any information.
Article 23. 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.
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Article 24. Bill of Rights
Nothing in this Agreement shall be construed to preclude the applicability of the
Firefighter Bill of Rights as set forth in 50 ILCS 745/1, et seq., but said Bill of Rights shall not
be incorporated herein by reference.
Article 25. 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 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. 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.
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Article 26. 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 27. 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 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 28. 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.
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Article 29. Promotions
Section a. General. Promotion as defined by the Fire Department Promotion Act, 50 ILCS
742/1 et seq., as amended(hereinafter referred to as the"Act"), shall be made in accordance with
the provisions of the Act except as expressly modified by the terms of this Article.
Section b. Eligibility. All candidates seeking promotion to the rank of Lieutenant shall be made
from Elgin Fire Fighters who have at least five (5) years of service in the Elgin Fire Department.
All candidates seeking promotion to the rank of Captain or the next highest rank above
Lieutenant shall be made from Lieutenants who have at least two (2) years seniority as a
Lieutenant in the Elgin Fire Department. For purpose of this provision, anniversaries of service
shall be calculated as of the expiration of the current or most recent posted eligibility list, if no
current list exists, for each rank.
Section c. Rating Factors and Weights. All examinations shall be impartial and shall relate to
those matters which will test the candidate's ability to discharge the duties of the position to be
filled. The placement of employees on promotional lists shall be based on the points achieved by
the employee on promotional examinations consisting of the following components weighted as
specified:
(1) Seniority 10%
(2) Education Incentive 5%
(3) Oral Assessment 30%
(4) Written Assessment 40%
(5) Department Points 15%
1. Seniority— Seniority points for Lieutenants testing shall start at one (1) point at five (5)
years of service to the Elgin Fire Department and have one (1) point added for each year
of service to a maximum of ten(10)points.
Seniority points for Captain or the next highest rank above Lieutenant shall start at one
(1) point at two (2) years in grade as a Lieutenant on the Elgin Fire Department and have
one (1) point added for each year in grade, after two (2) years, to a maximum of ten (10)
points. Seniority points shall be calculated as of the date of the expiration of the current
posted list of each rank.
2. Education Incentive Points — For the rank of Lieutenant, one (1) point shall be given for
each of the Fire Officer I (FO I) classes listed below. In lieu of the five FO I classes, five
points shall be given for an Associates Degree in Fire Science. For the rank of Captain or
the next rank above Lieutenant, one and a quarter (1.25) points shall be given for each of
the Fire Officer II (FO II) classes listed below. In lieu of the four FO II classes, five (5)
points shall be given for a Bachelor of Fire Science Degree. Points awarded for the Fire
Officer classes shall be given on a class by class basis, i.e., if two classes are completed,
two or two and a half points are awarded to the candidate. Education points shall be
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CHI 10923852.4
awarded for all classes or degrees completed thirty(30)days prior to the expiration of the
current posted list of each rank.
Fire Officer I Classes Fire Officer II Classes
Management I Management III
Management II Management IV
Tactics and Strategies I Tactics and Strategies II
Instructor I Instructor II
Fire Prevention and Principles
OR OR
Associate of Fire Science Bachelor of Fire Science
3. Oral Assessment — The assessment shall be conducted by an independent organization
mutually agreed upon by the City and the Union. If both parties cannot agree upon an
independent organization, a list of three (3) organizations shall be presented to the Union.
Starting with the City each side strike one (1) name from the list until an organization is
selected. All such assessments and all components related thereto shall be job related and
uniformly applied. Scores shall be made available to the candidates as soon as may be
reasonably practicable.
4. Written Exam — The written exam shall be the last component given in the testing
process. All reading materials that are to be used in the written exam shall be posted and
made available in all fire stations not less than ninety (90) days prior to the applicable
examination.
5. Department Points —The process of awarding departmental points shall be in accordance
with the Act.
Section d. Maintenance of Promotion Lists. Final eligibility lists shall be effective for a period
of three (3) years. The City shall take all reasonable steps to ensure that the Board of Fire and
Police Commissioners maintains in effect current eligibility lists. If a vacancy occurs in the last
fifteen (15) days of the current eligibility list, the person who is on top of that list shall be the
next eligible for promotion to such vacancy.
Article 30. 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 calendar day 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 Battalion Chief or designee, which shall not be
unreasonably denied, reasonable time to shop in their assigned still area for kitchen supplies and
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CHI 10923852.4
food to be eaten at the fire station for all interested employees. Meal shopping shall be permitted
at a time that does not interfere with department 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 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 City position nor restrict the performance of his
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.
Section f. Residency. There shall be no residency requirement for employees covered by this
bargaining unit.
Article 31. 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 concludes collective bargaining for its term unless otherwise
expressly provided herein.
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CHI 10923852.4
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 salarys, 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 32. Savings
If any provision of this Agreement is subsequently declared by legislative or judicial
authority to be unlawful, unenforceable, or not in accordance with applicable statutes or
ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. If any of these provisions are in conflict with existing Federal or
State laws or ordinances of the City of Elgin or Counties of Cook or Kane, then those provisions
shall continue in effect only to the extent permitted by law or ordinance. Such invalidity shall
not affect any other term of this 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 33. 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 34. Term
This Agreement shall be effective as of the 1st day of January, 2004, and shall remain in
full force and effect until the 31st day of December, 2006. 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 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.
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CH1 10923852.4
EXECUTED THIS .�Z? day of A tr 6 i.r , 2005.
FOR THE CITY,
Attest: _, By:
City Clerk w ager
FOR THE AS t .• e ,
Attes Sr By: C
Secretary President
F:\Legal Dept\Agreement\Firefighters-Final Agreement CE&Local#439-04-06.DOC
26
CHI 10923852.4
SIDE LETTER
Notwithstanding the subcontracting provision of the parties' 2004-2006 collective bargaining
agreement, the City hereby assures the Association that during the term of said agreement, the
City will only use"Automatic Aid Agreement"to provide any temporary fire service that may be
necessary for areas annexed into the City from the Far West Area.
CH1 10923852.4
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:
CHI 10923852.4
Side Agreement Letter between the International Association of Firefighters Local#439
and the City of Elgin
This Side Agreement Letter amends the Agreement by and between the City of Elgin and
the International Association of Firefighters Local #439 for the period 2004 through
2006. This Side Agreement Letter shall terminate upon ratification of successor
• agreements between the parties.
The parties agree that the City and the Union shall request Arbitrator Edward Krinsky to
clarify when insurance premium contributions shall start for union members. The parties
agree to abide by Arbitrator Krinsky's clarification and amend the Agreement if
necessary to comply with such clarification.
The union hereby agrees that regardless of the date of its ratification of the subject
agreement, any such ratification shall be effective retroactively to August 24, 2005.
..:. )')O A
F Local#439 The City of Elgin
4
oG,jCY(
Date Date
Z
August 10,2005
MEMORANDUM
TO: Mayor and City Council
FROM: Gail Cohen,Human Resources and Purchasing Director .911-,
SUBJECT: Agreement between the City and the Int'l Association of Firefighters
Summary of Arbitrator's Decision:
Salary range-City's offer selected.
2004-Firefighters and Lieutenants increased by 5%effective January 1,2004. Monthly and
yearly wage ranges for employees are:
Position I II III IV V VI
Firefighter 3,777 4,027 4,279 4,533 4,784 5,035
45,324 48,324 51,348 54,396 57,408 60,420
Lieutenant 5,362 5,602 5,832
64,344 67,224 69,984
Net effect for firefighters: increase$237,009.86
Net effect for lieutenants: increase$109,291.82
2005-Firefighters increased by 4.25%,Lieutenants increased by 4.75%,effective January 1,
2005. Monthly and yearly wage ranges for employees are:
Position I II III 1V V VI
Firefighter 3,938 4,198 4,461 4,726 4,987 5,249
47,256 50,376 53,532 56,712 59,844 62,988
Lieutenant 5,617 5,868 6,109
67,404 . 70,416 73,308
Net effect for firefighters: increase$211,531.30
Net effect for lieutenants: increase$109,018.59
2006-Firefighters increased by 3.75%, Lieutenants increased by 4.5% effective January
1, 2006. Monthly and yearly wage ranges for employees are:
Position I II III IV V VI
Firefighter 4,086 4,355 4,628 4,903 5,174 5,446
49,032 52,260 55,536 58,836 62,080 65,352
Lieutenant 5,870 6,132 6,384
70,440 73,584 76,608
Net effect for firefighters: increase $194,577.69
Net effect for lieutenants: increase $108,186.61
Longevitypay—City's offer selected.
10 years but less than 15 years consecutive service-$500 longevity pay annually
15 years but less than 20 years consecutive service-$750 longevity pay annually
20 years or more consecutive service-$1,000 longevity pay annually
Cost of longevity pay: $108,700
Health Insurance Premiums—City's offer selected.
7/1/05 through 12/31/05: 7.5%employee contribution to premium cost.
1/1/06 through 2/28/07: 8.5%employee contribution to premium cost.
Policy Year 2005-2006: Firefighter contribution is $50,332 out of$974,166.
Policy Year 2006—2007: Assuming no increase to premiums and 8.5%contribution from 1/1/07
—2/28/07, firefighter contribution is$82,804 out of$974,166.
(Total cost of PPO and HMO for Firefighters is currently$974,166)
Holiday Pay—Union's offer selected
Two holidays(MLK Birthday, 1/2 day Christmas Eve, %z day New Year's Eve) added to holiday
pay.
Cost of holiday pay: $55,650
TOTAL PACKAGE:
Salary increases: $ 969,615
Longevity: $ 108,700
Holiday Pay: $ 55,650
Paramedic Pay: $ 61,560
Mechanic Pay: $ 1,080
Total: $ 1,196,605
Insurance Contribution: $ (133,136)
Total minus insurance contrib.: $ 1,063,469
Sick Leave Conversion—City's offer selected
Status Quo—no change.
Drug and Alcohol Testing—Union's offer selected
Status Quo—no change.
Subcontracting—City's offer selected
Status Quo—no change.
Other Changes Mutually Agreed to by the City and the Union:
1. Promotional procedures:
- Firefighters must have 5 years Elgin experience to be promoted to Lt.
- Firefighters must have 2 years Elgin experience to be promoted to Captain.
- Testing process shall be impartial; weights assigned to seniority(10%), education
(5%), oral assessment by third party(30%),written exam(40%)and department
points(15%)
2. Grievance procedure includes matters involving suspension or removal or discharge of
employees. Step 1 responses from City are in writing. Reference to Board of Fire and
Police Commissioners deleted to reflect ordinance change.
3. No residency requirement.
4. Mandatory training list expanded.
5. Employees required to provide sick leave documentation for each sick leave used after 72
consecutive shift hours.
6. Discipline provision included; internal procedure reflects ordinance change.
7. Life Insurance increased to$45,000.