10-119 Resolution No. 10-119
RESOLUTION
AUTHORIZING EXECUTION OF AN ADDENDUM TO CONTRACT
WITH LOCAL#439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute an addendum to
contract on behalf of the City of Elgin with Local#439 International Association of Firefighters, a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 9, 2010
Adopted: June 9, 2010
Vote: Yeas: 5 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
ADDENDUM TO CONTRACT BETWEEN
CITY OF ELGIN
AND
LOCAL #439
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
January 1, 2007
Through
December 31, 2010
WHEREAS, on December 17, 2008 the Illinois Labor Relations Board,
State Panel issued the Certification of Representative in Case No. S-RC-06-195
certifying Elgin Association of Fire Fighter, Local 439, International Association of
Fire Fighters ("Local 439") as the exclusive bargaining unit including all full-time
employees with the rank of Firefighters, Fire Lieutenants and Captains employed
by the Fire Department of the City of Elgin ("City");
WHEREAS, when the parties negotiated their current collective bargaining
agreement effective January 1 , 2007 through December 31, 2010 ("2007-2010
Agreement"), Captains were not included in the then existing Local 439
bargaining unit; and
WHEREAS, the parties now agree to modify the 2007-2010 Agreement to
include the Captains' terms and conditions of employment.
NOW THEREFORE, the parties agree to amend their 2007-2010
Agreement as follows:
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, Fire Lieutenants and Captains 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,
Fire Lieutenant and Captain.
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
1
efficiency and productivity; and to provide procedures for the prompt and
peaceful adjustment of grievances as provided herein.
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.
The beginning Captain will start in a salary range as reflected in Article 9, which
shall be one (1) full step above the maximum pay step of the Lieutenant'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, or c) effective
June 1 , 2010, the top step of the Fire Captain's salary range and the next full
step of the Battalion Chief's salary range when a Captain is so assigned, not to
exceed maximum Battalion Chief pay.
Article 9. Wages
Section a. Ranges
Effective July 1, 2008, the monthly and yearly salary ranges for employees
covered by this Agreement shall be:
Position I II III IV V VI VII
Firefighter 4,442 4,734 5,031 5,330 5,624 5,920 N/A
53,298 57,807 60,368 63,955 67,490 71,038 N/A
Lieutenant 6,381 6,666 6,939 N/A
76,569 79,986 83,274 N/A
Captain 7,558 7,936 8,333 8,749
90,695 95,229 99,991 104,990
The foregoing base monthly and yearly salary ranges for the ranks of Firefighter
and Lieutenant for July 1 , 2008 through December 31, 2008 reflect an across-
the-board increase of (0.5%).
Effective January 1, 2009, and retroactive thereto, the monthly and yearly salary
ranges for employees covered by this Agreement shall be:
Position I II III IV V VI VII
Firefighter 4,619 4,923 5,232 5,543 5,849 6,157 N/A
55,430 59,079 62,783 66,513 70,190 73,880 N/A
Lieutenant 6,636 6,932 7,217 N/A
79,632 83,186 86,604 N/A
Captain 7,860 8,253 8,666 9,099
94,323 99,038 103,991 109,190
The foregoing base monthly and yearly salary ranges for the ranks of Firefighter,
Lieutenant and Captain for 2009 reflect an across-the-board increase of four
percent (4.0%).
Effective July 1, 2009, the monthly and yearly salary ranges for employees
covered by this Agreement shall be:
Position I II III IV V VI VII
Firefighter 4,642 4,948 5,258 5,570 5,878 6,187 N/A
55,707 59,375 63,097 66,846 70,541 74,249 N/A
Lieutenant 6,669 6,967 7,253 N/A
80,030 83,602 87,037 N/A
Captain 7,900 8,294 8,709 9,145
94,794 99,533 104,511 109,736
3
The foregoing base monthly and yearly salary ranges for the ranks of Firefighter,
Lieutenant and Captain for July 1, 2009 through December 31, 2009 reflect an
across-the-board increase of 0.5%.
Effective January 1, 2010, the monthly and yearly salary ranges for employees
covered by this Agreement shall be:
Position I II III IV V VI VII
Firefighter 4,851 5,171 5,495 5,821 6,143 6,466 N/A
58,214 62,047 65,936 69,854 73,715 77,590 N/A
Lieutenant 6,969 7,280 7,580 N/A
83,631 87,364 90,954 N/A
Captain 8,255 8,668 9,101 9,556
99,060 104,012 109,214 114,674
The foregoing base monthly and yearly salary ranges for the ranks of Firefighter,
Lieutenant and Captain for 2010 reflect an across-the-board increase of four and
one-half percent (4.50%).
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 c. Pension Pickup. The City agrees to pick up 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.
The City shall through May 31, 2010, maintain for Captains the existing ICMA
401(a) Plan. The City shall through May 31, 2010, contribute 4% of the Captain's
regular pay for each Captain contributing 2% to the City's Deferred
Compensation Program pursuant to Section 401(a) of the Internal Revenue
Code. Effective as of June 1, 2010, the ICMA 401(a) Plan will be terminated for
all City employees and thereby all future payments by the City and retirement
benefit accruals (equal to the annual four percent (4%) of Earnings) will cease.
Notwithstanding anything else to the contrary in this Addendum or in the 2007-
2010 Agreement, Captains shall not receive the ongoing four percent (4%)
longevity pay to be paid by the City in lieu of the 401(a) Plan to certain non-
4
bargaining unit employees. Starting June 1, 2010, the Plan will begin to be
wound down and Captains can commence filing their distribution request
paperwork to either take a distribution from the Plan or rollover the Plan account
to another qualified eligible retirement plan or qualified Individual Retirement
Account (IRA). Any such distribution or rollover shall be subject to all applicable
requirements and limitations of law, including, but not limited to, all applicable
Internal Revenue Service requirements and regulations. The parties
acknowledge that the Captains are fully vested in the Plan benefit as of June 1,
2010, and their Plan benefit accrued through June 1, 2010, shall not be
decreased.
Section d. Longevity Pay. Effective January 1, 2007, employees (with the
exception of Captains) 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 $ 800
15 years but less than 20 years $1,200
20 years or more $1 ,600
Effective July 1, 2008, employees (with the exception of Captains) 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 1.13% of Step VI of the yearly salary
for the Firefighter position
15 years but less than 20 years 1.7% of Step VI of the yearly salary
for the Firefighter position
20 years or more 2.25% of Step VI of the yearly salary
for the Firefighter position
Effective January 1, 2009, employees (with the exception of Captains) 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 1.56% of Step VI of the yearly salary
for the Firefighter position
15 years but less than 20 years 2.10% of Step VI of the yearly salary
5
for the Firefighter position
20 years or more 2.64% of Step VI of the yearly salary
for the Firefighter position
Effective July 1, 2009, employees (with the exception of Captains) 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 1.55% of Step VI of the yearly salary
for the Firefighter position
15 years but less than 20 years 2.08% of Step VI of the yearly salary
for the Firefighter position
20 years or more 2.62% of Step VI of the yearly salary
for the Firefighter position
Effective January 1, 2010, employees (with the exception of Captains) and
effective June 1, 2010 for Captains 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 1.48% of Step VI of the yearly salary
for the Firefighter position
15 years but less than 20 years 2.00% of Step VI of the yearly salary
for the Firefighter position
20 years or more 2.51% of Step VI of the yearly salary
for the Firefighter position
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 16. Group Hospitalization and Life Insurance (Sections a and b)
Section a. Medical Insurance (PPO)
• Up to March 1, 2010, up to June 1, 2010 for Captains, the City will pay
ninety-one and one-half percent (91.5%) of the specified premium for the
6
coverage selected (i.e., single, single plus one or family), and the
employee will pay via payroll deduction the remaining eight and one-half
percent (8.5%) of the specified premium.
• Effective March 1, 2010, and effective June 1, 2010 for Captains, the City
will pay ninety percent (90%) of the specified premium for the coverage
selected (i.e., single, single plus one or family), and the employee will pay
via payroll deduction the remaining ten percent (10%) of the specified
premium.
Section b. Health Maintenance Organization (HMO)
• Up to March 1, 2010, up to June 1, 2010 for Captains, the City will pay
ninety-one and one-half percent (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 eight and one-half percent (8.5%) of the
specified premium.
• Effective March 1, 2010, and effective June 1, 2010 for Captains, the City
will pay ninety percent (90%) of the specified premium for the coverage
selected (i.e., single or family), and the employee will pay via payroll
deduction the remaining ten percent (10%) of the specified premium.
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 this
Agreement. Such disciplinary grievances shall be initiated at Step two (2) 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 Assistant Chief. The aggrieved employee, within
seven (7) calendar days following the occurrence of the first
event giving rise to the grievance, shall file with the Assistant
Chief a grievance signed by the employee on a form
provided by the City setting forth the complete facts on which
7
it is based, the specific contract provision(s) allegedly
violated and the relief sought. The Assistant Chief, or his
designee, shall give a written answer within seven (7)
calendar days after receipt of the written grievance.
Step 2: Appeal to Chief. If the grievance is not settled in Step 1, and
the aggrieved employee and the Association decide to
appeal, the Association shall, within seven (7) calendar days
from receipt of the Step 1 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 3: Appeal to City Manager. If the grievance is not settled in
Step 2 and the Association decides to appeal the
Association shall, within seven (7) calendar days after
receipt of the Step 2 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 4 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 3 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 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
8
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.
Except as stated in this Addendum, the parties agree to maintain the status quo
with respect to the terms and conditions of employment and past practices for the
Captains that existed prior to Local #439, IAFF becoming the Captains' certified
bargaining representative.
Captains shall receive full pay for all paid hours retroactive to January 1, 2009.
Notwithstanding the foregoing, or anything else to the contrary in this Addendum
or in the 2007-2010 Agreement, no Firefighter, Lieutenant or Captain shall
receive retroactive pay for working out of class pursuant to Article 8b or
otherwise.
International Association of Firefighters City of Elgin
Local #439
•
By: ' G' —C,
��z'C�vj1C�
4111
Date: t _ . _, 2010 Date: 614- `(2010
TL1- (s4
F:\Legal Dept\Agreement\IAFF Local#439\01-01-2007 to 12-31-2010\Addendum-clean-5-27-10.doc
9