HomeMy WebLinkAboutResolution #3043~,
RESOLUTION IVD. 3043
A RE90LUT 1 aV APPRON I NG AN A[~EDuOVT BE"MIEEN TI-E C 1 TY OF CANT+QV ADD TI-E
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AID C 1 TY CLERK TO E~CUTE SA I D ~UETf f ~ Bl3-IALF OF TI-E CITY OF
Cr41VTgV, I LL 11~ I S .
V41-E~~EAS, the City of Canton, I 1 I i no i s has entered i nto
negotiations with Local No. 1897, International Association of Fire
Fighters, on behalf of the City of Canton Fire Department, relative to
the establishment of rates of pay, hours of work and other conditions
of employment; and,
VM~-F~11S, the City Counci l of the City of Canton, I l l inois has
reviewed the terms of the proposed agreement, a copy of which is
attached hereto and made a part hereof as Exhibit A; and,
Vil-ERF1>S, the City Council of the City of Canton, Illinots has
determined that it is necessary and in the best interest of the City
of Canton to approve said agreement.
NaIV, ~~ , 13E I T RE90LVED 131f TI-E CITY ODINC I L OF ll-E CITY OF
CANTQV, Fulton County, Illinois as follows:
1. That the Agreement between the City of Canton and Local No.
1897, International Association of Fire Fighters, on behalf of the
City of Canton Fire Department, which is attached hereto and made a
part hereof as Exhibit A, is hereby approved, said agreement to be
subject to and effective pursuant to the terms and conditions set
forth therein.
2. That the Mayor and City Clerk of the City of Canton, Illinois
are hereby authorized and directed to execute and deliver said
agreement on behalf of the City of Canton.
3. That the Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
1
PASSED by the City Council of the City of Canton, Fulton County,
Illinois, at a regular meeting this 16th day of April 1991 upon
a roll call vote as follows:
AYES: Aldermen Chapman, May, Bohlen, Meade, Sarff, Steck, Kovachevich.
NAYS : None
pg,~~; One aldernan resigned.
AP
~~
Donald E. Edwards, Mayor
ATTEST:
Na c ites, ity Clerk
Publication Instruction
2Q Do not publish
^ Publish in pamphlet form only
O Publish in a general circulation newspaper
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City AtL Date
2
AGREEMENT #
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE
CITY OF CANTON FIRE DEPARTMENT, LOCAL N0. 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS.
WITNESSETH
1. PURPOSE AND DEFINITIONOF TERMS.
This agreement has as its purpose the promotion of harmonious
relations between the City of Canton and Local No. 1897; the
establishment of an equitable and peaceful procedure for the
resolution of difference; and, the establishment of rates of
pay, hours of work and other conditions of employment.
1.1 Definition of Terms.
For the purpose of clarification, various terms used in this
contract are defined as follows:
1.2 "Commissioned Officer" shall mean an employee of the City's
Fire Department who is appointed to the department by the
City's Fire and Police Commission and who is subject to the
said Commission's disciplinary powers.
1.3 "Civilian Employee" shall mean an employee of the City's Fire
Department who is not appointed to the department by the
City's Fire and Police Commission and who is not subject to
said Commission's disciplinary action.
1.4 "Employee" shall mean a fulltime employee of the City's Fire
Department who is a member in good standing of Local No. 1897,
International Association of Fire Fighters.
1.5 "Employer" shall mean the City of Canton and may be referred
to as City.
1.6 "Fiscal year" shall mean the fiscal year of the City of
Canton, May 1 through April 30.
1.7 "Hourly rate" shall mean the annual salary divided by 2080
hours.
1.8 "Probationary employee" shall mean any newly hired or rehired
full-time employee of the Fire Department who has been hired
or rehired for less than twelve (12) consecutive calendar
months.
1.9 "Union" shall mean the International Association of Fire
Fighters, Local No. 1897.
2. RECOGNITION.
2.1 Bargaining Agent.
The employer recognizes the International Association of Fire
Fighters as the sole and exclusive bargaining agent for the
purpose of establishing salaries, wages, hours and other
conditions of employment for employees of the Fire Department,
exclusive of part-time and volunteer firemen, for the purpose
of collective bargaining, and agrees to bargain in good faith
on all these matters.
2.2 Probation Period.
The employment of any employee of the Fire Department shall
be followed by a twelve (12) month probationary period. Such
probationary period shall be considered a period of test or
trial for the commissioned officer's work and the employer,
during which time, such commissioned officer may be discharged
by the employer for cause. Nothing herein shall be construed,
as to commissioned officers, to be other than in conformity
with the Illinois Fire and Police Commission Act (Ill. Rev.
Stat. 1985, Ch. 24, §10-2-2-1 et sequi).
3. HOURS OF WORK.
Employees covered by the terms of this agreement who work
within the Fire Department shall be assigned to a regular duty
shift. The regular hours of duty shall be 24 consecutive
hours on duty, starting at 7:00 a.m. and ending the following
7:00 a.m. The on-duty tour of duty shall be immediately
followed by 48 consecutive hours off-duty. The employer
agrees to comply with the Fair Labor Standards Act [FLSA] and
further agrees that all bargaining unit employees are eligible
for FLSA overtime. For the purpose of FLSA overtime, a work
cycle or work period shall consist of 21 calendar days.
With respect to this Division 3, the employer reserves to
itself the exclusive right to set regular hours of duty,
overtime, work shifts, work weeks, shift designations and all
matters ancillary or relating thereto as the employer's
operational need or public safety may seem to require.
Nevertheless, the employer will use its best efforts to adhere
to the regular hours of duty outlined in this Division 3, and
to the regular duty shift assignment made to each employee.
Should the regular hours of duty or a shift assignment be
changed, affected employees will first be given 21 days
notice.
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4. WAGES.
4.1 Schedule.
Commissioned officers shall be compensated as provided in the
Wage Schedule, which is attached hereto and made a part
hereof .
4.2 Pay Period.
The salaries and wages of employees shall be paid bi-weekly
on every other Friday, or the preceding Thursday if Friday
falls on a holiday. Payroll to include hours worked through
the preceding Saturday.
5. VACATION.
Each commissioned officer of the City shall accumulate two
(2) calendar weeks (not to exceed six (6) working days)
vacation leave with pay, based upon the commissioned officer's
last hourly rate used to calculate payroll, upon completion
of a full year of service. Commissioned officers shall be
granted additional vacation leave on the employment
anniversary date when each of the following period have been
attained: Commissioned officers, after three (3) years of
continuous service, shall be granted an additional calendar
week of vacation (not to exceed three (3) working days) each
year. Commissioned officers, after ten (10) years of
continuous service, shall be granted an additional calendar
week of vacation (not to exceed three (3) working days) each
year. Commissioned officers, after fifteen (15) years of
continuous service, shall be granted an additional calendar
week of vacation (not to exceed three (3) working days) per
year.
1 year but less than 3 years - 2 weeks vacation
3 years but less than 10 years - 3 weeks vacation
10 years but less than 15 years - 4 weeks vacation
15 years or over - 5 weeks vacation
Vacations will be scheduled to meet the operating requirements
of the City with preference given to the request of a
commissioned officer with seniority whenever possible.
5.1 Accumulation of Vacation Time.
Vacation time shall be used during the anniversary year of
the employee during which a commissioned officer becomes
entitled thereto, unless the Fire Chief makes a written
request during such anniversary year for extension to the
office of the Mayor who shall approve or disapprove same.
When vacations cannot be granted during the anniversary year,
pay in lieu thereof may be given if mutually agreeable.
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5.2 Vacation Rights in Case of Layoff or Separation.
Any Commissioned officer who is discharged, retired, or
separated from the service of the employer for any reason,
prior to using vacation time due, shall be compensated in cash
for the unused vacation accumulated at the time of separation.
6. HOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all commissioned
officers: New Year's Day (1 January), Good Friday,
Independence Day (4 July), Thanksgiving Day (4th Thurs. in
Nov.), Memorial Day (last Monday in May), Labor Day (lst Mon.
in Sept.), Christmas Day (25 December), Veterans' Day (11
November), and President's Day (3rd Monday in February).
6.2 Holiday Pay.
Each commissioned officer shall receive and be paid a
"holiday" consisting of eight (8) hours of regular pay
applicable to each person, provided, however, that such
commissioned officer works his/her last shift assignment prior
to, and his/her first shift assignment following the
applicable holiday or is absent because of an approved day
off, i.e. a sick day or a personal day.
6.3 Holidays Worked.
A commissioned officer's work day shall be determined by the
day on which his shift begins. Should the commissioned
officer's shift begin on a holiday and such day is part of
the commissioned officer's regular work week, such
commissioned officer shall receive and be paid the holiday
pay in addition to eight (8) hours straight time rate, thereby
totaling 16 hours at straight time rate.
6.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, commissioned officer
will receive an extra day's vacation or holiday pay, at the
commissioned officer's discretion. If the holiday occurs on
a regularly scheduled day off, the commissioned officer will
receive eight (8) hours additional pay at the straight time
rate.
7. SICK/PERSONAL DAYS.
7.1 Computation of Sick/ Personal Days - Probationary.
Computation of sick/personal days for employees shall be
computed with reference to the fiscal year of the City. After
sixty (60) days of service, a commissioned officer shall earn
one-half (1/2) day of personal leave and one-half (1/2) day
of sick leave for each month worked during the current fiscal
year. Personal days may only be used when requested and
approved by the Fire Chief.
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7.2 Computation of Sick/Personal Days - Others.
All other commissioned officers shall begin each fiscal year
eligible for ten (10) work days of which five (5) may be used
as personal days when requested and approved by the Fire Chief
and five (5) may be used as sick days.
7.3 Illness of Commissioned Officer.
Use of sick leave shall only be used for injury off duty,
illness or exposure to contagious disease. Commissioned
officers shall be governed by the following requirements in
order to be eligible for pay during such sick leave.
Commissioned officers must:
a. Report promptly in ascending order the reason for
absence to the on-duty shift commander or Fire
Chief.
b. Keep the Fire Chief informed of commissioned
officer's condition if the absence is more than
three (3) consecutive days duration.
7.4 Pay in Lieu of Personal Days.
Should a commissioned officer not use all or any of the five
(5) personal days, the commissioned officer shall be paid in
lieu thereof for each unused day. Personal days may be held
over to the next fiscal year by first obtaining written
consent of the Fire Chief and of the Mayor prior to the start
of the next fiscal year. Each day shall be valued at 1/5 of
the then current weekly salary.
7.5 Accrual of Personal Days.
Personal days shall not survive beyond the fiscal year of
accrual unless first approved in writing by the Fire Chief
and the Mayor during the fiscal year of accrual.
7.6 Accrual of Sick Days.
Should any or all of the five (5) sick days not be used by
the commissioned officer during the fiscal year, all unused
days shall be accrued. Commissioned officer may accrue up to
a total of sixty (60) days. Payment for such accumulation of
not more than thirty (30) days shall be made upon termination
of employment. Each day shall be valued at 1/5 of the then
current weekly salary.
7.7 Call-in for Emergency Duty.
In the event that a commissioned officer is called for
emergency duty on a personal day, the commissioned officer
shall be paid for such emergency duty at a straight time rate
with a minimum of four (4) hours.
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8. LEAVE.
8.1 Disability Leave.
If a commissioned officer becomes sick or injured off the job
and is temporarily disabled from performing his duty, the
commissioned officer shall be eligible to receive disability
benefits under the City's Loss of Time Insurance Policy.
8.2 Job Related Disability.
Any commissioned officer, injured while performing assigned
tasks, shall be eligible for injury leave in compliance with
applicable State Statutes passed by the Illinois General
Assembly and approved by the Governor. The commissioned
officer shall be responsible for causing periodic reports to
be submitted by the attending physician to the City Clerk, on
forms prescribed by the latter, as may be required.
8.3 Military Leave.
Commissioned officers shall be granted such leave in
accordance with the provisions of Chapter 24, Section 10-2.1-
23 and Section 10-2.1-24 of the Illinois Revised Statutes.
8.4 Bereavement.
Each commissioned officer shall be granted one (1) work shift
of bereavement leave when a death occurs in the commissioned
officer's immediate family. (Immediate family shall include:
spouse, children, mother, father, brother, sister, mother-in-
law, father-in-law, step brothers, step sisters, step
children, brother-in-law, sister-in-law, and grandparents).
An additional one (1) work shift may be granted when
reasonable justification is provided to the Fire Chief.
Bereavement leave shall be with pay for any regular scheduled
work days.
8.5 Miscellaneous Leave Policies.
The Fire Chief has the authority to approve other leaves of
absence without pay. Such leaves-of-absence shall be
requested by the employee, approved by the Fire Chief, and
reported to the office of the Mayor. Other leaves-of-absence
with pay shall be authorized by the Mayor upon recommendation
of the Fire Chief. Action by the Mayor may be secured upon
submission of an approved request from the Fire Chief. No
commissioned officer may be absent without the permission of
the Fire Chief.
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9. SPECIAL PAY PROVISIONS.
9.1 overtime.
Except as otherwise provided, work performed by a commissioned
officer which continues beyond the commissioned officer's
regular work shift shall be paid in conformity with the Fair
Labor Standards Act (FL5A).
9.2 Emergency Call-in.
Commissioned officers, when called in for emergency duty shall
be paid at the time and one-half for actual hours worked with
a minimum of four (4) hours.
9.3 Shift Coverage.
Commissioned officers, when called in to provide shift
coverage outside of their regular shift shall be paid at the
rate of time and one-half for all such hours worked.
9.4 Vacation Call-in.
Commissioned officers called in while on vacation shall be
paid at the rate of double time for all hours worked with a
minimum of four (4) hours and a maximum of ten (10) hours.
9.5 Temporary Additional Duties Pay.
When a commissioned officer is assigned to temporary
additional duties greater than the permanent rank of the
commissioned officer, by the Fire Chief, Mayor, or, Fire and
Police Commission, in writing, such commissioned officer shall
be granted temporary additional duty pay of Ten Dollars
($10.00) Dollars per week during the period of such
assignment. Assignments shall be made to provide proper
management coverage. It is recognized that no such
assignments shall be made for less than one week.
9.6 Drivers Pay.
Commissioned officers, when driving an emergency vehicle,
other than the fire car, shall be paid a drivers pay of $3.00
per response when the officer in charge determines same to be
an emergency run.
9.7 Compensatory Time Off.
Compensatory time off may be given when a commissioned officer
has agreed to work in excess of the commissioned officer's
regular shift for compensatory time. Compensatory time off
shall be calculated at the rate of one and one-half (1/2)
times the hours actually worked and may be accrued up to two
hundred eighty-eight (288) hours. The commissioned officer
may use these hours under the same rules that govern personal
days. Should the commissioned officer not use his accrued
hours by the end of the fiscal year of accrual, commissioned
officer shall be paid in lieu of the accrued time up to a
maximum of ninety-six (96) hours. Commissioned officer may
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request the continued accrual of said hours by written request
to the Fire Chief.
9.8 Overtime Rotation.
Overtime work shall be rotated among all commissioned officers
within the Department so far as is practical. An overtime
list shall be posted and maintained up to date by the Fire
Chief in each fire house.
9.9 Training.
Any commissioned officer directed to attend a training school
shall be paid for the time incident thereto in accordance with
the Fair Labor Standards Act (FLSA).
10. CLOTHING ALLOWANCE.
10.1 Annual Payment.
All commissioned officers shall be paid an annual clothing
allowance of $400.00 for regulation Firemen's clothing as
approved by the City Council. The payment of this amount
shall be made on the first pay day in May or as soon
thereafter as practical.
10.2 Probationary Payment.
A probationary employee shall be paid the clothing allowance
at the time of his employment.
10.3 Probationary Commissioned Officer-Reimbursement-Termination.
In the event of the termination of a probationary commissioned
officer, for any reason whatsoever, such commissioned officer
shall reimburse to the employer for clothing allowance paid
as follows: one-half shall be retained by the commissioned
officer. The remaining one-half shall be reimbursed to the
employer in that percentage amount which the remainder of the
probationary year existing at the time of termination bears
to the full twelve (12) month probationary period.
10.4 Non-Probationary Employee-Reimbursement-Termination.
In the event of the termination for any reason, except
retirement, of a non-probationary commissioned officer, such
commissioned officer shall reimburse the employer on account
of clothing allowance paid as follows: Such commissioned
officer shall reimburse the employer clothing allowance paid
in the current fiscal in that percentage amount which the
remainder of such fiscal year existing at the time of
termination bears to the whole of such fiscal year.
10.5 Reimbursement Deduction.
In every instance, the reimbursement hereinabove due shall be
deducted from such money amounts which may be yet due and
payable from and by the employer.
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10.6 Equipment Furnished.
The City shall furnish all commissioned officers with a
helmet, Nomex coat with liner, boots, bunker pants, bunker
boots and gloves. The City further agrees that the above
equipment shall be in good and safe condition as determined
by the Fire Chief and City shall be responsible for necessary
replacement.
11. COMMISSIONED OFFICER'S INSURANCE.
11.1 Payment.
The employer shall pay all of the total insurance premiums
including the cost of health and dental insurance coverage,
for the commissioned officer and their dependents.
11.2 Coverage.
The amount of the insurance coverage shall be at least as much
as the coverage in force at the signing of this Agreement.
Term life insurance for a dependent child over six (6) months
of age shall be $1,000.00. Disability pay shall be two-thirds
(2/3) of the Commissioned Officer's normal pay check but shall
not in any instance exceed a weekly disability payment of
$450.00, whichever is less. Should the City decide that a
change in insurance companies is beneficial, the proposed new
coverage shall be submitted to the Union for its information
and review.
11.3 Commissioned Officer Deductible.
Prior to payment of claims by or on behalf of the employer in
any given calendar year for any given commissioned officer
(to include payments for commissioned officer's dependents),
that commissioned officer shall first be required to pay the
first $100.00 aggregate amount of any such claim(s) for a
commissioned officer without dependents; or, $200.00 aggregate
for a commissioned officer with dependents.
12. RETIREMENT INSURANCE.
12.0 Life Insurance and Retirement Insurance.
The insurance coverage for retired employees shall consist of
the overall group plan of Hospital, Health, Dental and Life
insurance coverage. The amount of Life Insurance shall be
$20,000.00 prior to age 65 or retirement, at which time it
shall be reduced to $10,000.00. Provided, however, that if
the amount of Life Insurance provided to any other City
employees or retirees of any other department is increased
above $20,000.00 and $10,000.00 respectively, during the term
of this Agreement, employees covered by this Agreement or
retirees, as the case may be, shall receive insurance coverage
at least equivalent to that provided by the City to any other
city employee or retiree.
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12.1 Retired Commissioned Officers - 25 years of City Service.
The employer shall pay the full amount of the applicable
insurance premium in the case of commissioned officer who have
twenty-five (25) years of service and who, regardless of age,
have become entitled to a pension under the provisions of the
Firemen's Pension Fund. Premium payment shall be for the
retiree, retiree's spouse and dependent children. Retired
commissioned officers who become re-employed where insurance
coverage is provided by the new employer shall be excluded
from this provision. Upon attaining his age of sixty-five
(65) years, or such other age as Congress may subsequently
determine, this coverage shall terminate and the retired
commissioned officer shall make application to Medicare, or
to its successor program. The retired commissioned officer
shall have the option of purchasing Medicare supplement
insurance at his expense through the City's group insurance
carrier, if available.
12.2 Retired Commissioned Officers - 20 years of City Service.
The employer shall pay the entire amount of the applicable
insurance premium in the case of such commissioned officers
who have twenty (20) years of service and who have reached
their respective age of fifty (50) years and who have become
entitled to a pension under the provisions of the Firemen's
Pension Fund. Premium payment shall be for the retiree,
retiree's spouse and dependent children. Retired commissioned
officers who become re-employed where insurance coverage is
provided by the new employer shall be excluded from this
provision. Upon attaining his age of sixty-five (65) years,
or such other age as Congress may subsequently determine, this
coverage shall terminate and the retired commissioned officer
shall make application to Medicare, or to its successor
program. The retired commissioned officer shall have the
option of purchasing Medicare supplement insurance at his
expense through the City's group insurance carrier, if
available.
12.3 Disabled Commissioned Officer and Spouse and Dependents of
Deceased Commissioned Officer.
A permanently disabled commissioned officer and the surviving
spouse and dependent children of a deceased commissioned
officer shall participate in the City's insurance plan, but
only to the extent specifically provided in the last four (4)
sentences of Section 12.1, above. This section shall apply
only to spouses of disabled/deceased commissioned officers
who are lawfully married to such commissioned officer at the
time the disability/death occurs.
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13. TRAVEL ALLOWANCE.
When a commissioned officer is authorized or required to drive
a personal car for purposes related to employment, the
employee shall be compensated therefore at the rate of twenty-
two cents (22~) per mile for each mile necessarily traveled.
14. COMMISSIONED OFFICER TELEPHONE REOUIRED.
Commissioned officer shall be required to have a telephone in
their residence and shall keep the Fire Chief advised, in
writing, of such phone number and of any changes thereto.
Commissioned officers shall also be provided a pager which
the parties agree all commissioned officers now have.
15. DUTIES OF FIREMEN.
The duties of all commissioned officers shall be in accordance
with state statute, City ordinances and resolutions, job
descriptions, or local custom, as the same may be promulgated
from time to time.
15.1 Assistant Chiefs.
Having unique management responsibilities, Assistant Chiefs
may be assigned to work scheduled different than those
established for other members.
15.2 Trained Volunteers.
Recognizing that the Fire Chief may, from time to time utilize
trained volunteers for general duties, they shall be bound by
the same code of ethics and responsibilities as a regular
commissioned officer. Volunteers shall only be used for
regular duty when the vacancy they fill exceeds three (3) full
work shifts.
16. MONTHLY DEPARTMENTAL MEETINGS.
Routine departmental meetings of all commissioned officers
may be called on a monthly basis for the purpose of receiving
and disseminating necessary information.
16.1 Monthly Departmental Meetings.
Employees attending monthly departmental meetings, shall
receive their straight time hourly rate for all time spent in
attendance at such meetings, subject to a minimum payment of
one and one-half (1-1/2) hours at the employee's straight time
hourly rate.
16.2 Schedule.
The Fire Chief shall notify all commissioned officers of the
department meeting at least one (1) week in advance.
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16.3 Other Meetings.
No provision of this section shall be construed to prohibit
the calling of a departmental meeting as may be necessary.
Time spent in such meetings shall be considered hours worked,
with a one (1) hour minimum, if the commissioned officer is
not on duty.
17. SETTLEMENT OF GRIEVANCES.
17.1 Definition.
A grievance is defined as a difference, complaint or dispute
between the employer and the union or any employee regarding
the application, meaning of this Agreement, or conditions of
employment.
17.2 Grievances may be processed by the union on behalf of an
employee or on behalf of a group of employees or itself
setting forth name(s) or group(s) of the employee(s). Either
party may have the grievants) or one grievant representing
group grievants present at any step of the grievance
procedure, and the employee is entitled to union
representation at each and every step of the grievance
procedure. The resolution of a grievance filed on behalf of
a group of employees shall be made applicable to the
appropriate employees within that group.
17.3 Grievants) Responsibility.
Although it is understood that grievants) are entitled to
union representation and/or one grievant may represent the
alleged aggrieved parties; the grievants) are still mandated
to be present at all meetings/discussions held between all
parties. They may be excused from attendance if dust cause
is proven with agreement by both parties.
17.4 Union Responsibility.
It will be the responsibility of representatives of Local No.
1897 to screen all requests for grievance to determine
legitimate cause.
17.5 Preliminary Oral Discussion.
An attempt to resolve a grievance through oral discussion
shall take place with the shift commander and Fire Chief.
All grievances must be presented no later than ten (10)
calendar days from the date the grievant knew or should have
known of the occurrence giving rise to the grievance.
17.6 Grievance Steps.
Grievances shall be referred to the Fire Chief, in writing,
within ten (10) calendar days of the date on which the
commissioned officer knew or should have known of the event
giving rise to the grievance. The Fire Chief shall respond
in writing to each such grievance within seven (7) calendar
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days following receipt of the written grievance. If the
grievance thereafter subsists, it shall be referred in writing
to the standing Committee on Grievance, Negotiations and
Personnel within seven (7) calendar days after the response
by the Fire Chief is made. The Committee shall thereafter
meet with the aggrieved fireman and his representative, if
any, within fourteen (14) calendar days of submission of the
written grievance to the Committee. Following such meeting,
the Committee shall make its written answer within fourteen
(14) calendar days following such meeting. However, by mutual
assent, this latter 14 day period may be extended by an
instrument in writing signed both by the aggrieved firemen or
his representative and by the Chairman of the Committee or by
the Chairman pro tem. If the grievance yet remains, it shall,
within seven (7) calendar days of the committee's written
answer, be submitted to the Mayor in writing. The Mayor shall
make written answer within seven (7) calendar days of receipt
of the written grievance.
In addition, health and safety measures are grievable items
or cases under the grievance procedure. All health and safety
matters shall only be grieved through step 3 of the grievance
procedure.
17.7 Arbitration.
If, after the foregoing grievance process has been fully
completed, the grievance yet subsists, either party may invoke
binding arbitration within seven (7) calendar days of the
Mayor's written answer by giving written notice of referral
to the other party.
17.8 Authority of the Arbitrator.
The authority of the arbitrator is specifically limited to
the interpretation of the terms of this Agreement. The
arbitrator shall consider and decide only the specific issue
submitted to him in writing by the City and the Union, and
shall have no authority to make a decision on any other issue
not so submitted. The arbitrator shall have no right to
amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement.
This section relating to binding grievance arbitration shall
not be interpreted to or in any way constitute a delegation
of any power or jurisdiction from the Police and Fire
Commission to the arbitration process. Nor, shall this section
be construed to be a delegation to the arbitrator of authority
to determine matters relating to the establishment of wages,
hours of employment, or working conditions.
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17.9 Time Limits.
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, provided that the
parties may agree to extend any time limits. If the City
fails to provide an answer within the time limits so provided,
Local 1897 may immediately appeal to the next step.
17.10 Application of Evidence Rules.
The rules of evidence applicable to the circuit courts in
Illinois shall be applied to arbitration proceedings hereunder
as they are customarily applied in other administrative
hearing proceedings in the State of Illinois.
17.11 Discussion and Investigation.
All grievance discussions and investigations shall take place
in a manner which avoids unreasonable interference with the
employee's assigned duties and the City operations.
Employee Committee members and Local 1897's legal counsel may
examine records and employer files relevant to the
investigation of a grievance upon receiving permission from
the Fire Chief or his designee. The Chief may refer the
request to the Mayor. Neither the Chief nor the Mayor shall
unreasonably withhold the permission.
17.12 Selection of Arbitrator.
The arbitration proceeding shall be conducted by an arbitrator
to be selected by the employer and the union within 7 business
days after notice has been given. If the parties fail to
agree to the selection of an arbitrator, the Federal Mediation
and Conciliation Service (FMCS) shall be requested by either
or both parties to submit simultaneously to both parties an
identical list of 7 names of person from their grievance
arbitration panel, who are residents of Illinois, and members
of the National Academy of Arbitrators. The employer and the
union shall each have one opportunity to request the
submission of a different grievance arbitration panel meeting
the same requirements. Once a panel has been accepted, each
party shall have the right to strike 3 names from the list.
A toss of a coin shall determine which party will first strike
one (1) name: the other party shall then strike one (1) name.
The process will be repeated twice more and the remaining
named person shall be the arbitrator. FMSC shall be notified
by the parties of the name of the selected arbitrator, who
shall be notified by the FMCS of his/her selection and request
the scheduling of a mutually agreeable date for the
commencement of the arbitration hearing(s).
- 14 -
17.13 Court Reporter; Costs of Arbitration.
A qualified court reporter shall be present at all arbitration
hearings and shall make a full and complete record thereof.
The parties to the arbitration hearing shall equally share the
costs of such court reporter. Any party requesting a
transcript of the hearing shall bear the cost thereof except
that if both parties request a transcript, they shall equally
share the total cost thereof.
17.14 Interest or Negotiation Impasse Arbitration.
Subject to requirements of law, nothing in this agreement
shall ever be interpreted to mean that the parties hereto have
in any way hereby agreed to "Interest" or "Negotiation
Impasse" arbitration. This binding arbitration procedure is
intended to provide a means of finally resolving disputes or
differences of opinion as to the interpretation of this
agreement.
17.15 Effect of Arbitration.
Subject to the appeal procedure hereinafter set forth, the
decision of the arbitrator shall be final.
17.16 Appeal.
Any party may appeal the decision of the arbitrator to any
Court of competent jurisdiction. Implementation of the
arbitrator's decision shall be automatically stayed pending
the resolution of any such appeal.
Grounds for appeal shall be those which existed at common law,
which the parties hereby agree were: Fraud, corruption,
evident partiality, that the arbitrator exceeded his
authority, irregularities in the proceedings which deprived
a party of a fair and impartial hearing, gross errors of law
or fact, plain mistake of law, and mistake of law (which the
parties agree does not have to be shown on the face of the
award). Other grounds for appeal shall be where: The award
was procured by corruption, fraud or other undue means; there
was evident partiality by an arbitrator appointed as a neutral
or corruption in any one of the arbitrators or misconduct
prejudicing the rights of any party; the arbitrator exceeded
his power; the arbitrator refused to postpone the hearing upon
sufficient cause being shown therefor or refused to hear
evidence material to the controversy or otherwise so conducted
the hearing as to substantially prejudice the rights of a
party.
- 15 -
..
17.17 Time for Appeal. ~~~
All appeals shall be filed within thirty (30) days of the
party's receipt of the arbitrator's written, final decision.
Receipt of the final, written decision shall be presumed 35
days after the date of decision.
18. CHECK-OFF SYSTEM.
Union dues or fair share payment shall be deducted from a
commissioned officer's paycheck upon receiving written
authorization from the commissioned officer and shall be paid
to the treasurer of the local union each month.
19. ACCRUAL AND FORFEITURE OF SENIORITY.
All commissioned officers shall be given seniority beginning
with the date of employment with the department. Months of
layoff do not count towards seniority. Temporary full-time
commissioned officers shall be allowed credit for seniority
for continuous past months' service, if hired on a permanent
basis without a lapse in employment. Seniority shall be
forfeited for any of the following reasons:
1. Commissioned officer resigns.
2. Commissioned officer is discharged for dust cause.
20. LAYOFFS.
20.1 Notice to be Given.
Any commissioned officer may be laid off by applicable
statutes without reflection on the commissioned officer's
standing for lack of work or funds. At least two (2) weeks
notice of the effective date of a layoff shall be given each
commissioned officer affected thereby.
20.2 Order to be Followed When Laying Off.
Commissioned officers shall be laid off in conformity with
the Illinois Fire and Police Commission Act (I11. Rev. Stat.
1985, ch. 24, §10-2.1-1 et sequi). Layoffs to accomplish a
reduction in the department rank structure shall be by
seniority in rank to the next lower rank. Layoffs to reduce
the size of the department shall be by overall seniority in
the department. Or, a combination of the foregoing may be
utilized, as, for example, in a reduction of both department
size and rank structure.
Civilian employees of greater overall seniority may be laid
off before less senior commissioned officers are laid off.
- 16 -
~.-~
•~
20.3 Order to be Followed in Call-back.
Recall of commissioned officers shall be in conformity with
the requirements of the Fire and Police Commission Act (Ill.
Rev. Stat. 1985, Ch. 24, $10-2.1-1 et sequi), that is to say,
by inverse order of layoff.
Commissioned officers laid off at a later date may be recalled
before civilian employees laid off at an earlier date.
21. EDUCATION EXPENSE.
The City shall reimburse the commissioned officer for tuition
and books required for attending any job related course or
for attending any course required for a job related degree,
in the amount not reimbursed by other agencies, providing such
was approved in advance by the Fire Chief. The above
reimbursement would be contingent upon the successful
completion of such course.
22. RESIDENCY REQUIREMENT.
Any employee shall become a resident of the City of Canton,
or reside within a ten-mile radius of the City, within 30 days
after the expiration of such employee's probationary period,
if the employee is to continue employment with the City.
23. GENERAL PROVISIONS.
23.1 All benefits provided hereunder shall remain in full force
and effect for the term of this agreement.
23.2 Nothing in this agreement shall be construed to negate the
status of the employer as a municipal employer and any
provisions hereof which, by interpretation or otherwise, would
abridge or restrict the power and authority conferred by law
on the employer as a municipal employer shall be void and of
no effect.
23.3 No Strike or Lock-out.
The employer agrees that there shall be no lock-out during
the term of this agreement.
The union agrees that there will be no strike by itself and
that it will not authorize or encourage any strike by any
employees during the term of this agreement.
23.4 Firefighters shall not be utilized as strikebreakers, nor be
utilized to perform work normally performed by other skilled
trade/labor unions.
391-345.ah
- 17 -
~ ~~
23.5 Titles or Headings.
Any titles or headings in this agreement are inserted solely
for the convenience of reference and shall not be deemed to
limit or affect the meaning, construction or effect of any
provision of this agreement.
23.6 Totality.
The employer and union acknowledge that during the
negotiations which resulted in this agreement, both parties
had the unlimited opportunity to present all demands and
proposals and that this agreement shall constitute the entire
agreement between the parties for its duration.
23.7 Conflict with Existing Policies or Regulations.
If there is a conflict between an existing City policy or
regulation and an expressed term or provision of this
agreement, the term or provision of this agreement shall
apply.
23.8 Managements' Rights.
The employer shall retain its inherent management rights,
which shall include such areas of discretion or policy as the
function of the employer, the standards of services, its
overall budget, the organizational structure and selection of
new employees, examination techniques and direction of
employees, and the total number of employees employed.
Furthermore, except as otherwise provided elsewhere in the
terms of this agreement, the employer shall retain the right
to promote, suspend, discipline or discharge employees with
dust cause, to lay off or relieve employees from duty; to
make, publish and enforce reasonable rules and regulations;
and to introduce new or improved methods, equipment or
facilities, provided that no right enumerated in this
agreement shall be exercised or enforced in a manner contrary
to the provisions of this agreement.
23.9 Termination.
This agreement shall be effective for the entire period of
the fiscal years 1990/1991, 1991/1992, and 1992/1993, of the
employer. At the end of that time, it shall terminate and
shall be of no effect, unless agreed to otherwise by both
parties in writing.
23.10 Contingency.
This agreement is not an appropriation and it is recognized
by all parties that all monetary considerations in this
agreement shall become effective upon adoption of the
appropriation ordinance and budget by the City Council.
23.11 Effective Date of this Agreement.
All provisions and benefits of this agreement shall be
effective as of May 1, 1990.
391-345.eh
- 18 -
24.0 DISCIPLINE.
"Discipline" shall mean demotion, suspension, verbal or
written reprimand and termination (not including layoffs).
Discipline shall be fair, uniform, incremental, not arbitrary
and shall be designed to improve behavior, not punish it.
The severity of the discipline shall be determined by the
severity of the offense and the officer's prior
work/disciplinary history. All disciplinary actions which
are not subject to jurisdiction of the Board of Police and
Fire Commissioners shall be subject to review pursuant to
Division 17 of this Agreement. No Discipline shall be imposed
without just cause.
IN WITNESS WHEREOF, the parties hereto have executed and
delivered the foregoing agreement in two duplicate copies, each of
which is hereby declared to be an original for all purposes. Dated
this day of March, 1991.
For the City of Canton, Illinois
~~
Mayor of the City of Canton, I11 nois
~ ~'
ATTEST:
Ci Cle k
For the Union:
Its President
Its Vice-President
Its Secretary
391-345.eh ~ 1 9
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