HomeMy WebLinkAboutResolution #1119RESOLUTION NO. 1 11q
A RESOLUTION APPROVING A "MEMORANDUM OF AGREEMENT" BETWEEnI THE CITY OF CANTON AND
LOCAL NUMBER 1897, IlVTERNATIONAL ASSOCIATION OF FIRE FIGI~'I'ERS AND AMENDING RESOLU-
TION NUMBER 1113.
WHEREAS, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into a "Memorandum of Agreement"
with Local Number 1897, International Association of Fire Fighters as set forth in
Exhibit "A" hereto attached; and,
WHEREAS, the Canton City Council has determined that it is necessary and in
the best interest of the City of Canton to amend Resolution Number 1113.
NOW, Tf-iEREF'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAN'T'ON,
Fulton County, Illinois as follows:
1. That Exhibit "A" hereto attached and herein incorporated by reference is
hereby approved by the Canton City Council.
2. That Resolution Number 1113 passed by the City Council on October 15, 1985,
be, and the same hereby is, amended to establish a 21 day work period for which
overtime will be paid for all hours worked in excess of 159 hours within such work
period, excepting only assistant fire chiefs, with respect to Local Number 1897,
International Association of Fire Fighters, or, affected commissioned officers within
the City of Canton Fire Department.
3. That the Mayor and City Clerk are hereby authorized and directed to
execute originals of Exhibit "A" and to deliver the same on behalf of the City of
Canton.
4. That this 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.
PASSID by the City Council of the City of Canton, Fulton County, Illinois at
a regular meeting this I ~j~- day of ~~~~~ ~j.~J 1985, upon a roll call
vote as follows:
AYES: Aldermen Kovachevi:ch, Zilly, Falcone, Sarff, Workman, Bohler,
May, Chapman.
NAYS: None .
ABSENT: None .
APPROVED:
Donald E. Edwards, Mayor
ATTEST:
N White ,City Clerk
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~~464
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into as of this
19th day of November, 1985, WITNESSETH:
1. PARTIES: The parties hereto are: The City of Canton, an
Illinois municipal corporation, hereinafter called "Employer", and
Local Number 1897, International Association of Fire Fighters, here-
inafter called "Local 1897".
2. SUBJECT MATTER: The subject matter of this Memorandum of
Agreeme~tt is the amicable settlement of any and all conflicting
legal requirements imposed upon either or both of the parties hereto
by the Fair Labor Standards Act now made applicable to the City by
Garcia vs. San Antonio Metropolitan Transit Authorit .
3. FLSA MINIMAL REQUIRMENTS: The City and Local 1987 each
hereby agree that the collective bargaining agreement dated May 1,
1984, previously entered into by the City and Local Number 1897, in
all respects, meets or exceeds the minimal requirements imposed upon
the parties by the Fair Labor Standards Act.
4. CONTROLLING AGREEMENT: The parties agree that said collective
bargaining agreement shall, during the term of such agreement, control
and be binding upon the parties with the following exception: Should
any part of said agreement or any provision contained therein be
contrary to state or federal law, such invalidations of such part or
provision shall not invalidate the remaining portions of said agree-
ment and they shall remain in full force and effect. The parties
shall attempt to renegotiate the invalidated part or provisions. The
parties recognize that the provisions of said agreement cannot super-
sede law.
5. AMENDMENT OF CITY RESOLUTION: After approval of this Memoran-
dum of Agreement and contemporaneously with the City's approval of
this Memorandum of Agreement, the City agrees to pass a resolution
which, in its effect, will amend Resolution Number 1113 previously
passed by the City on October 15, 1985, so that said Resolution
establishes a 21 day work period with respect to .Local Number 1897 and
td its members, or, affected commissioned officers,, with overtime to be
paid as set forth in numerical paragraph ten hereof for all hours worked
in excess of 159 hours in any given 21 day work period.
6. AMENDATORY EFFECT: This Memorandum of Agreement is intended
to amend and become a part of this collective bargaining agreement
dated May 1, 1984, now in force and effect between the parties.
7. EFFECTIVE DATE: This Memorandum of Agreement shall become
effective upon its execution and delivery by the respective parties
and shall be retroactive to and effective as of April 15, 1985.
8. ADMINISTRATIVE PERSONNEL: The parties recognize and agree that
Assistant Fire Chiefs are properly to be classified as "Administrative
Employees" within the meaning of 29 CFR Sections 541.2 and 541.201 and
are, accordingly, exempt from the overtime requirements of the Fair
Labor Standards Act. However, Assistant Fire Chiefs shall be paid over-
time as herein provided in the collective bargaining agreement dated
May 1, 1984.
9. The parties hereto recognize and agree that all commissioned
officers who fall within the parameters of said agreement are "salaried
employees" within the meaning of the Fair Labor Standards Act.
10. OVERTIME COMPENSATION: The parties agree that any commissioned
officer., excepting exempt employees, who work in excess of 159 hours
within the said 21 day work period shall be compensated for such over-
time hours at the rate of one and one-half times their hourly wage,
which such hourly wage is defined in Section 1.7 of said agreement.
11. PAYMENT OF OVERTIME: Employer shall begin paying overtime for
overtime hours within 14 days of the execution and delivery of this
agreement by both Employer and Local Number 1897. Employer shall begin
paying overtime hours worked from April 15, 1985, to the date of original
payment of overtime hours, as aforesaid, within 45 days of the execution
and delivery of this agreement by both Employer and Local Number 1897;
both Employer and Local Number 1897 recognize and agree that the com-
putation and payment of such accrued overtime is a complicated task
which must be computed on an individual basis and that Employer may
well need more than 45 days in which to compute and actually make all
such payments.
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12. Nothing in this Memorandum of Agreement is intended by the
parties to be construed as negating, or, changing any special pay or
overtime provision now contained in the agreement dated May 1, 1984.
13. OTHER TERMS AND CONDITIONS: None.
CITY OF CANTON, an Illinois
municipal corporation,
BY: ,
Its Mayor.
ATTEST:
f ~~ ~
Ci Cler
LOCAL NUMBER 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
BY: ~ ~ ~ r
Its President.
ATTEST:
~ ~~..~-~
Sec tary