10-44 Resolution No. 10-44
RESOLUTION
AUTHORIZING EXECUTION OF A VARIANCE AGREEMENT 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 a variance
agreement 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: February 10, 2010
Adopted: February 10, 2010
Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
.
VARIANCE AGREEMENT
This Variance Agreement is entered into on the date set forth below by and
between the City of Elgin ("City") and Local No. 439, IAFF ("Local 439") (collectively
referred to as the "Parties").
WHEREAS, the City and Local 439 are parties to a collective bargaining
agreement effective January 1, 2007 — December 31, 2010 (the "Collective Bargaining
Agreement")
WHEREAS, the City has notified Local 439 that due to the economy, it is seeking
economic concessions from Local 439 bargaining unit employees;
WHEREAS, Local 439, contends that it has no obligation to engage in mid-term
bargaining to modify its wages, hours and other terms and conditions of employment;
WHEREAS, the Parties agree that in accordance with Elgin Fire Department
Policy No. 1031.01, minimum shift manning is currently thirty-six (36) including the
Battalion Chief.
WHEREAS, Local 439 has recognized the current state of the economy and
wishes to assist the City in reducing its budget costs on a one time non-precedential
basis without waiver of any of its contractual terms contained in the Agreement except
as provided below;
NOW, THEREFORE, the parties agree as follows:
1. This Variance Agreement is entered into on a non-precedential basis and
cannot be relied on in any manner by the City or Local 439 after
December 31, 2010, including, but not limited to, it being understood and
agreed that the City cannot rely on the concessions made herein as
precedent after December 31, 2010. The Parties hereby agree that there
shall be no further concessions sought by the City from Local 439 to be
effective through December 31, 2010.
2. The City shall not layoff any Local 439 bargaining unit employees through
and including December 31, 2010.
3. The City will be making certain operational changes to enable it to reduce
minimum shift manning from thirty-six (36) to thirty-four (34) including the
Battalion Chief. The methodology for implementing such reduction of
minimum shift manning from thirty-six (36) to thirty-four (34) shall be
determined by the City. Local 439 agrees that for the duration of this
Variance Agreement, it waives any and all rights it may have to bargain
over and/or contest, and agrees it shall not request to bargain over and/or
contest in any manner or forum, the reduction in minimum manning from
thirty six (36) to thirty-four (34) and/or the methodology for implementing
such reduction in minimum manning as determined by the City.
I
4. The term of this Variance Agreement shall commence as of the date set
forth below the signature lines hereof and shall terminate on December
31, 2010, whereupon this Variance Agreement shall terminate and be null
and void as if it never occurred and of no further force and effect. The
parties agree that at the conclusion of this Variance Agreement on
December 31, 2010, the Parties shall return to the status quo ante which
existed immediately prior to the entry into this Variance Agreement it being
agreed and understood that the Parties shall have any and all rights they
had which existed immediately prior to the entry into this Variance
Agreement notwithstanding any of the provisions of this Variance
Agreement and as if this Variance Agreement never occurred. Without
limiting the foregoing, the return to status quo ante upon the expiration of
this Variance Agreement with respect to minimum shift manning shall
mean minimum shift manning returning to thirty-six (36) including the
Battalion Chief and the operational changes to reduce such minimum shift
manning determined by the City in paragraph 3 of this Variance
Agreement shall cease.
5. The Parties agree that except as provided in this Variance Agreement that
for the term of this Variance Agreement there shall be no other changes to
the Parties' respective rights and obligations in the Collective Bargaining
Agreement.
6. The Parties shall within seven (7) days of the execution of this Variance
agreement, jointly request that the Foreign Fire Insurance Board disburse
to the City of Elgin certain tax proceeds due to, and received by, the Board
in the amount of One hundred thousand dollars ($100,000.00) pursuant to
65 ILCS 5/11-10-1 et seq., solely for the maintenance, use and benefit of
the City of Elgin's Fire Department in order to abate a budget deficit. In
the event that the Foreign Fire Insurance Board fails to disburse such
monies to the City within forty-five (45) days of the entry into this Variance
Agreement, the City may, at its option, terminate this Variance Agreement
upon written notice to Local 439 whereupon this Variance Agreement shall
be null and void and of no further force and effect.
7. Each of the parties represents that it has reviewed the terms of this
Variance Agreement and by executing this document it agrees to its
terms. Each of the parties whose signature appears below represents that
he/she has authority to enter into this Variance Agreement.
City of Elgi Local No. 439, IAFF
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Dated: February /0, 010
F:\Legal Dept\Agreement\IAFF Local#439\Variance Agreement-lAFF-WAC-clean-2-4-10.doc
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