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HomeMy WebLinkAboutResolution #1031 RESOLUTION N0. 1031 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CANTON FIRE DEPARTMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEP~ENT ON BEHALF OF THE CITY OF CANTON. WHEREAS, the City of Canton, Illinois had entered into negotia- tions with the City of Canton Fire Department, Local No. 1897, Int- ernational Association of Fire Fighters, relative to the establish- ment of rates of pay, hours of work and other conditions of employ- ment; and, WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois had determined that it is desirable and in the best interests of the City of Canton to approve said agreement. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Agreement between the City of Canton and the City of Canton Fire Department, Local No. 1897, International Association of Fire Fighters, 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 the City Clerk of the City of Canton., Illinois are hereby authorized and directed to execute said agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor therecf~ thislst day of ~ ~av 1984. APPROVED: ~~~~w~ ,MAYOR ONALD E. EDWARDS ATTEST:" ~ ~ ~^ ~, CTTY CLERK ~ANCY ITES 1 t ~ t AGREEMENT NO. /~-/-~ 3 THIS AGREEh~NT MADE AND ENTERED IN'I'0 BY THE CITY OF CAN`T'ON AND THE CITY OF CAN'T'ON FIRE DEPAR`Ii~'III~T, IIJCAL NO. 1897, IlV'PERNATIONAL ASSOCIATION OF FIRE FIGH'IIiRS . WITNESSETH Division 1. t ~ PURPOSE AND DEFINITION OF TERMS. This agreement has as its purpose the promotion of harmonious relations between the City of Canton and Local No.~.~.897; the establishment of an equitable and peaceful procedure for the resolutuion of differences; 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 departrnent 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 full-time employee of the City's Fire Departr~nt 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 Probaticazary Commissioned Officer shall mean any newly hired or rehired full-time commissioned officer of the Fire Departrnent 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. Division 2. REOOC,d~1ITION. 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 canmi.ssioned officers of the Fire Depai-~tmnerit, exclusive of part-time and volunteer fire- men, 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 commissioned officer 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 in relationship to 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. 1983, Ch. 24 § 10-2.2-1 et sequi). Division 3. HOURS OF WORK. 3.1 Regular Hours. Except as otherwise provided, the regular hours of work each day shall be consecutive except that they may be interrupted by a lunch period. 3.2 Work Shift. Except as otherwise provided, twenty-four (24) consecutive hours of work shall constitute a work shift. All commissioned officers shall be scheduled to work on a regular work shift, and each work shift shall have a regular starting and quitting time. 3.3 Work Week. Except as otherwise provided, each commissioned officer shall be scheduled for one (1) work shift on duty and two (2) work shifts off, throughout the week for an average of fifty-six (56) hours per week. ' 3.4 Work Schedule. Work schedules showing they cu.sioned officers' work days and hours shall be posted on a departzc~ent bulletin board at all times. 3.5 Reservation of Rights. With respect to this Division 3, employer reserves unto itself the exclusive right to unilaterally set regular hours, work shifts, work weeks, shift designations and all matters ancillary t7r relating thereto as the Employer's requirements or public safety may seem to require. To the extent not inconsistent therewith, employer shall use its best efforts to Damply with the optimum regular hours, work shifts, work weeks and shift designations set forth in this Division 3. -2- ivision4 4.1 4.2 4.3 ivision5. V~1GES . Schedule. Commissioned officers shall be con~ensated as provided in the Wage Schedule, which is attached hereto and made a part hereof. Pay Period. , The salaries and wages of employees shall be paid bi-weekly on every other Friday, or the preceeding '.Chursday if Friday falls on a holiday. Payroll to include hours worked through the preceeding Saturday. Wage Opener. Employer and union shall, upon either's giving the other not less than ninety (90) days written notice prior to the end of the then current fiscal year, enter into negotiations concerning the possibility of altering employee wages effective in the fiscal year immediately following the giving of such notice. However, nothing herein shall be construed to require that either party agree to either an increase or decrease in wages. VACATION. Each commisioned officer of the City shall accunuzlate 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 comp- le tion of a full year of service. Commissioned officers shall be granted additional vacation leave on the employment anniversary date when each of the following periods 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 addi- tional 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 week of vacation (not to exceed three (3) work- ing 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 of over 5 weeks vacation 5.1 Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of a cc~misioned officer with seniority whenever possible. Acctm~ulation of Vacation Time. Vacation time shall be used during the anniversary year of the employee during whirl a~commissioned officer becanes entitled thereto, unless the Fire Chief makes a written request for extension to the office of the Mayor who shall approve -3- or disapprove same. When vacations cannot be granted during the anniversary year, pay in lieu thereof may be given if mutually agreeable. 5.2 Vacation Rights in Case of Layoff or Separation. Any ccmntissioned 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. ~ivision6. 6.1 HOLIDAYS . Days Designated. The following days are holidays with pay for all commissioned officers: New Years Day (1 January) Memorial Day (last Monday in May) Independence Day (4 July) Labor Day (1st Monday in Sept.) Veterans Day (11 November) Thanksgiving Day (4th Thurs. in Nov.) Christmas Day (25 December) 6.2 Holiday Pay. Each commissicned officer shall receive and be paid a "holiday" consisting of eight (8) hours of regular pay applicable to each person, provided, however, that such ccarariissica~ed officer shall be and remain employed by the City both before and after applicable holiday. 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 cc~missioned officer's regular work week, such cc~mi- sioned 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 Division 7. 7.1 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 cca~missioned 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. SICK/PERSONAL DAYS: 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 coscmissianed officer shall earn one-half (~) day of personal leave and one- half (~) 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 . -4- 7.2 Computation of Sick/Personal Days - Others. All other commissioa~ed officers shall begin each fiscal year eligible for ten (10) work days of which five (5) may be used as personal days when re- quested 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 follow- ing requirements in order to be eligible for pay during such sick leave. Commissioned officer must: (a) Report promptly in ascending order the reason for absence to the on duty shift carmiander or fire chief. (b) Keep the Fire Chief informed of the 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 not 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. 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 thirty (30) days. Payment for such accumula- tion shall be made upon termination of employment. Each day shall be valued at 1/5 of then current weekly salary for each unused day. 7.7 Call-in for Emergency Duty. In the event that a ccsrmissioned 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 two (2) hours. ~ivisior$ • ~~. 8.1 Disability Leave. If a commissioned officer becomes sick or injured off the job and is temporarily disabled from performing his duty, the cca~missioned officer shall be eligible to receive disability benefits under the City's Loss of Time Insurance Policy. -5- 8.2 Job Related Disability. Any com;nissioned 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 10-2.1-24 of the Illinois Revised Statutes. 8.4 Bereavement. Each commi_ssicned 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, and father-in-law). 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 leavesrof-absence without pay. Such leavesrof-absence shall be requested by the commissioned officer, 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 permussion of the Fire Chief. ivision9. 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 in excess of forty-five (45) minutes shall be paid at time and one-half for actual hours worked with a minimnun of one (1) hour . 9.2 Emergency Call-in. Cc~missioned officers, when called in for emergency duty shall be paid at time and one-half for actual hours worked with a minimum of two (2) 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) fours and a maximum of ten (10) hours. -6- 9.5 Temporary Rank Pay. When a commissioned officer is assigned to a temporary rank higher than the permanent rank of the commissioned officer, by the Fire Chief or Mayor, in writing, such commissioned officer shall be granted a temporary rank pay of Ten Dollars ($10.00) per week during the period of such assigrupent. Assign- ments 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. Cammissice-ied 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 the commissioned officer has agreed to vaork in excess of the commissioned officer's regular shift for camrpensatory time. Ccanpensatory time off shall be calculated at the rate of one and one- half (1~) 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, the commissioned officer shall be paid in lieu of the accrued time up to a maximum of ninety- six (96) hours. Ccmmi_ssioned officer may 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 ccmndssioned officers within the Department so far as is practical. An overtime list shall be posted and main- tained up to date by the Fire Chief in each fire house. 9.9 Training. Any commissioned officer authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate. ~ivisionl0. C~ATHING ALLOTn]~1NCE. 10.1 Annual Payment. All catmissioned officers shall be paid an annual clothing allowance of $288.49 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 thereaftPx as practical. 10.2 Probationary Payment. A probationary cc~mi.ssioned officer shall be paid the clothing allowance at the time of his employment. -7- 10.3 Probationary Commissioned Officer - Reimbursement - Termination. In the event of the ternu.nation of a probationary commissioned officer, for any reason whatsoever, such commissioned officer shall reimburse the employer for clothing allowance paid as follows: one-half shall be retained by the commis- sioned officer. The remaining one-half shall be reimbursed to~the employer in that percentage amount which the remainder of the year existing at the ' time of texmi.nation bears to the full twelve (12) month period. 10.4 Non-Probationary 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 year of the commissioned officer's termination that percentage amount of the clothing allowance paid in such year which the remainder of such year existing at the time of ternination bears to the whole of such 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. 10.6 Equipment Furnished. The City shall furnish all firemen 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. City shall be responsible for necessary replacement. ivision 11. CODM~iISSIONED OFFICER'S INSURANCE. 11.1 Payment. The Employer and the Cotmussioned Officers shall pay the total health insur- ance premium in the following nmanner: Each Ccsmv.ssioned Officer shall have deducted frcan his pay an amount equal to twelve cents (12~) per hour up to an annual maximum for each Catmissioned Officer of $249.60. Such deductions shall-be made by the Employer in equal bi-monthly payroll deductions. The en~loyer shall pay the remaining balance of the health insurance premium after deducting the foregoing Comriissioned Officers'. payments from the aggre- gate, annual health. insurance premium 11.2 Coverage. The airount 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) nnnths 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 $300.00, whichever is less. Should the City decide that a change in insurance cam~anies is benefi- cial, the proposed new coverage shall be submitted to the Union for its infor- mation and review. -8- 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. ~ivisionl2. RErIRII~VT 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 $6,000.00 prior to age 65 or retirement, at which time it shall be reduced to $3,000.00. 12.1 Retired Commisioned Officers - 25 Years of City Service. The employer shall pay the full amount of the applicable insurance premium in the case of commissioned officers who have twenty-five (25) years of service and who, regardless of age, have become entitled to a pension under the pro- visions 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 frc~n 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. If available, the retired commissioned officer shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 12.2 Retired Canmissioned 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 beco~re entitled to a pensicaz under the provisions of the Firemen's Pension Fund. Premium payment shall be for the retiree;- retiree's spouse and dependent children. Retired cannissioned officers who becc~ne re-employed where insurance coverage is provided by the new employer shall be excluded frc~- this pro~visicri. 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 ccmmissioned officer shall mike application to Medicare, or, to its successor program. If available, the retired commissioned officer shall, how- ever, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier. -9- ~' 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 12.1, above. This section shall apply only to spouses df disabled/deceased commissioned officers who are lawfully married to such commissioned officer at the time the disability/death occurs. Division 13. TRAVEL ALL04~,NCE. When a commissioned officer is authorized or required to drive a personal car for purposes related to employment, the commissioned officer shall be compensated therefore at a rate of twenty (20~) cents per mile for each mile necessarily traveled. Division 14. COMNIISSIONED OFFICER TELEPHONE REQUIRID. Commissioned officers 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. Division 15. DUTIF,S OF FIRIIKQ~T. 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, frcam time to time utilize trained volunteers for general duties, they shall be bound by the same code of ethics and responsibilities as a regular camYLissioned officer. Volunteers shall only be used for regular duty when the vacancy they fill exceeds three (3) full work shifts. Division 16. MONTHLY DEPARTMENTAL MF~TINGS. Routine departmental meetings of all ccacmissioned officers may be called on a monthly basis for the purpose of receiving and disseminating necessary information. 16.1 Payment. Meetings shall be without pay for a period of one and care-half (1~) hours. Should said meeting exceed this time period, all ccamLissioned officers in attendance shall be paid for the actual time spent in excess of one and one-half (1~) hours. -10- 16.2 Schedule. The Fire Chief shall notify all commissioned officers of the Department meeting at least one (1) week in advance. 16.3 Other Meetings. No provision of this section shall be construed to prohibit the calling of a departmental meeting as from time to time may be necessary. Time spent in such meetings shall be considered hours worked, with a one,(1) hour minimum, if the cc~nissioned officer is not on duty. Division 17.x; SETI'I~NT OF GRIEVANCE. 17.1 Purpose. Amicable settlement of grievances between employer and commissioned officer is recognized in principal and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 D7ethod. Grievances shall first be referred to the Fire Chief, in writing, within seven (7) 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 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 Coamittee. 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 instnanent 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. 17.3 Arbitration. If , after the foregoing grievance process has been fully ccrnpleted, 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. 17.4 Authority of 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 -11- 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 substract from the provisions of this Agreement. The arbitrator shall be without power to make decisions contrary to or incon- sistent with any applicable ordinance, resolution, law or statute. The arbitrator shall make his decision strictly in accordance with the rules of evidence applicable to the circuit courts in Illinois as set forth in Section 17.5, shall determine the rights of the parties according to law, shall make full and complete findings of fact in support of his decision, and his findings of fact and his award shall be based upon the preponderence of competent evidence. The arbitrator may refer questions of law to the Fulton County Circuit Court (Ninth Judicial Circuit) for determination. This section relating to binding grievance arbitration shall not be inter- preted to 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 establishement of wages, hours of employ- meet, or working conditions. 17.5 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 custcanarily applied in other administrative hearing proceedings in the State of Illinois. 17.6 Make-Up of Arbitrator. The arbitrator shall be composed of three persons who shall be picked in the following manner: Each of the Employer and the Union shall submit separate lists of twelve persons each. Names shall be stricken frcm the respective lists by the other party with the Union striking the first name. The last remaining name on each list shall be named as members of the arbitration panel. Those two arbitra- tion panel members shall then agree upon a third, impartial panel m~nber' to complete the make up of the arbitration panel. A majority vote of the arbit- tration panel shall determine the issue(s). An abstention or refusal to vote by a panel manber shall be construed to be an "Aye" vote. 17.7 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 re- questing 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 . 17.8 Interest or Negotiation Impasse Arbitration. Nothing in this agreement shall ever be interpreted to mean that the parties hereto have in any way hereby agreed to "Interest" or "Negotiation Ing~asse" arbitration. This binding arbitration procedure is intended to provide a means of resolving disputes or differences of opinion as to the interpreta- tion of this agreement. -12- 17.9 Effect of Arbitration. Subject to the appeal procedure hereinafter set forth, the decision of the arbitrator shall be final. 17.10 Appeal. Any party may appeal the decision of the arbitrator. Implementation of the arbitrator's decision shall be automatically stayed pending the resolu- f tion of any such appeal. 17.11 Grounds for Appeal. Grounds for appeal shall be those which existed at caimxm 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 iunpartial hearing, gross errors~f 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 atbitrator 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 re- fused to postpone the hearing upon sufficient cause being shown therefor,nr refused to hear evidence material to the controversy or otherwise so conducted the hearing as to substantially prejudice the rights of a party. 17.12 Time for Appeal. All appeals shall be filed within 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 the decision. Divisi~ 18. CF~7C~C-0FF SYSTEM. Union dues shall be deducted from a commissioned officer's paycheck upon receiving written authorization from the catmiissioned officer and shall be paid to the treasurer of the local union each month. Division 19. ACCRUAL AND FORFIIh`i'[JRE 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. Tpsc~porary full time commissioned officers shall be allowed credit for seniority for continuous past month's service, if hired on a pernianent basis without a lapse in employment. Seniority shall be forfeited for any of the following reasons: 1. Cormiissioned officer resigns. 2. Commissioned officer is discharged for just cause. -13- Division 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 co~nnissioned 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. 1983, Ch. 24, ~ 10-2.1-1 et sequi). Layoffs to acccx~lish 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 departsrient 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 departrnP.nt size and rank structure. Civilian employees of greater overall seniority may be laid off before less senior ccxm~issioned officers are laid off. 20.3 Order to be Followed in Call-Back. Recall of commissioned officers shall be in conformity with the requirements of the Illinois Fire and Police ComRLission Act (Ill. Rev. Stat. 1983, 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. Division 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, provided such was approved in advance by the Fire Chief. The above reimbursement would be contingent upon the successful completion of such course. Division 22. RESIDENCY REQUIRII~NT. Any commissioned officer 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 camLi.ssioned officer's probationary period, if the caim•i ssioned officer is to continue emplaycrent with the City. Division 23. C~IERAL PROVISIONS. All benefits provide hereunder shall remain in full force and effect for the term of this agreement. -14- 23.2 Nothing in this agreement shall be construed to negate the status of the employer as a municipal employer and any provision hereof which, by interpretatioa~ 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. 23.5 Titles or Headings. Any titles or headings in this agreement are inserted solely for the con- venience of reference and shall not be deemed to limit or affect the mean- ing, construct 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 con- stitute the entire agreement between the parties for its duration. 23.7 Conflict with Fisting 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 Reservation of Rights. The employer specifically reserves to itself, without limitation, the power to unilaterally and in its sole discretion, elim;nate, abolish, alter, organize, reorganize, consolidate, or merge the fire departrmnt, or, any rank, position, job, or job function naw in existance or which may thereafter be created. Further, it is not the intention of either the employer or of the union that the employer transfer or delegate any municipal power, function, privilege, or authority to control any of the same to the union, the City employees', or to any third party or person. -15- ,~ ~. 23.9 Termination. This agreement shall be effective for the entire period of the fiscal years 1984-1985, 1985-1986, 1986-1987 of the employer. At the end of that time, it shall terminate, and shall be of no effect, unless agreed to other- wise 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 Agreement. All provisions and benefits of this agreement shall be effective as of r~7ay 1, 1984. IN WITNESS WF~fZEOF, 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 1q~- day of ~ , • 1984. For the City of Canton, Illinois Mayor of the City of Canton, Illinois ~~ ~ • ATTEST• ~ ity Clerk For the Union: Its President Its Vice-President Its Secretary -16- • ~ ~ ~ ~ _ ~ ~ ~ t rr ~ ~ _ m rr rt, F-tl N N N (/~ -(/) ~ ~ I--' F-~ ~l (t ~ l0 N ~O r ~' S! a f 1 ' ¢, N N l0 . ~ f1 N do rn o SL (~ (!1 ('t J O ~' v N N F--~ "U1 (D • N N l~ N K 0 0o O O Q., O ~ o W ~O • ~ C h h ~ (~ UI l.Tl .P N ¢1 t~ F-~ u ~ 5 j O W lfl O f~ii l u ~P i ~ A~ 00 a c • ~ _ ~ W N O Fj o - - - a ~ ~ ~ rn K J W N (D - O ~ fi I--' Ol N Fj tQ N Q~ O (D "TJ n 0 ~ ~ ~ - W - N - ~ ~ n w ~ ~ n N w o o cp D~ r OD ~ N Ol ~O ~ G W W l0 W J O a • N N N lO ~l U] .A W N ~T ~T C( ~tt + - • O - l PP ( D ~ F • l0 • N lJ h j ~1 O O In 1 r'S G tf~ (n 00 I-' ~A C1 gy ( p I--' (D ~ ~ U7 ~- W O G ~ ~ ~~~ ,~ ~'i N W F-+ fi U1 ~ (D ~ ~o ~ N ("r N ~ ~ ~ Vl .P W U~ - ¢ ~ Q ~ (p O ~ a1 C, O lJ~ W ~"i Ul ~ ~ N .A l0