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HomeMy WebLinkAboutResolution # 3727Rpr 04 05 11:49a City of Canton [309)647-1310 p.6 RESOLUTION NO.? A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON FIRE FIGHTERS, LOCAL 1897, I.A.A.F, AFL-CIO AND AUTHORIZING AND DIItECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City of Canton, Illinois has entered into negotiations with the Canton Fire Fighters, Local 1897, I.A.A.F., AFL-CIO relative to the establishment of rates of pay, hours of work and other conditions of employment; 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 has determined that it is necessary and in the best interest of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Agreement between the City of Canton and the Canton Fire Fighters, Local 1897, I.A.A.F., AFL/CIO, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effiective 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 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. Wage adjustment effective as of May i, 2005. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this ly day of April , 2005 upon a roll call vote as follows: AYES: tildermen Glest, Reed, Hartford, earl, Harn, Molleck, Fil"ling- ham, Sarf f . NAYS: None. ABSENT: Nsne . Rpr 04 05 11:50a City of Canton (3091647-1310 p.7 APPROVED: Jerry M. Bohler, Mayor ATTEST: ~. Nancy White City Clerk i ~~1327 CONTRACT Between THE CITY OF CANTON, ILLINOIS And CANTON FIRE FIGHTERS, LOCAL 1897 I.A.F.F., A.F.F.I., AFL/CIO May 1, 2005 Through April 30, 2008 TABLE OF CONTENTS ARTICLE ~ PAGE (S) 1. Purpose and Definition of Terms 2 2. Recognition 3 3. Hours of Work 3 4. Wages 4 5. Vacation 4-5 6. Holidays 5 7. Sick/Personal Days 6-7 8. Leave 7-8 9. Special Pay Provisions 8-9 10. Clothing Allowance 10 11. Commissioned Officers' Insurance 11-12 12. Retirement Insurance 12-13 13. Travel Allowance 13 14. Commissioned Officer Telephone Required 14 15. Duties of Firemen 14 16. Departmental Meetings 14 17. Settlement of Grievances 15-17 18. Check-Off System 18 19. Accrual and Forfeiture of Seniority 18 20. Layoffs 18 21. Education Expense 19 22. Residency Requirement 19 23. General Provisions 19-20 24. Discipline 21 25. Health and Wellness 21 26. Promotional Testing 21-22 Signature Page 23 Appendix A 24 Letter of Understanding 25 26 1 AGREEMENT # 2002 ,, THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE CITY OF CANTON FIRE DEPARTMENT, LOCAL NO. 1897, INTERNATIONAL ASSOCIATION OF FIIZE FIGHTERS. WITNESSETH 1. PURPOSE AND DEFINITION OF 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 City'.s Fire and Police Commission and who is subject to the said Commission's disciplinary action. 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 afull-time 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 maybe referred to as City. 1.6 "Fiscal year" shall mean the fiscal year of the City of Canton, May 1 through Apri130. 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 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 Paid on Call or Temporary firefighters, 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 without cause. Nothing herein shall be construed, as to commissioned officers, to be other than in conformity with the Illinois Fire and Police Commission Act. Prior to dismissal, Fire Chief shall notify probationer of reason for dismissal and meet to discuss said reasons. This decision is not subject to the grievance procedure. 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, staring 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 28 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 deem 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 without interrupting their current FLSA cycle. 3 4. WAGES 4.1 Salaries and Longevity. A. Base Salary. Employees' base salary shall be in the amounts set forth in the salary schedule specified in Appendix A attached hereto. B. Longevity. Employees shall be entitled to receive additional longevity salary payments based upon the service requirements specified in the longevity schedule specified in Appendix A attached hereto. Employees will be moved from Step to Step upon accrual of the required years of service unless the employee qualifies for and is placed in Step a or b. Employees who meet the following requirements shall qualify for and be placed in Step a or b: (1) Eligible employees are those who have accrued at least 20 years of service. (2) Eligible employees may exercise an option to be placed in longevity Step a or b bey notifying the Chief of such election in writing on or before the 15` day of any calendar month prior to a month in which they have accrued the required year of service specified in (1) above. (3) Upon receipt of notice from an eligible employee, the employer shall place the employee in Step a or b and adjust his/her salary accordingly effective the first day of the month immediately following the month in which notice from the employee was received. (4) Employees placed in Step a or b shall be entitled to receive the salary provided in such step for a maximum period of 30 days. If employee is still in service after 30 days he/she shall revert permanently to previous step. 4.2 Pay Period. The salaries and wages of employees shall be paid weekly on every 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 vacation in accordance with the following schedule: For employees hired prior to May 1, 1993, the following vacation schedule shall apply: 1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days) 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 4 For employees hired after May 1, 1993, the following vacation schedule shall apply: 1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days) 3 years but less than 10 years - 3 weeks vacation 10 years or over - 4 weeks vacation Vacations will be scheduled to meet the operating requirements of the City subject to approval of the Fire Chief. Vacation schedules shall be made available by the 1St day of April, with preference given to the commissioned officers with seniority until the 1St day of May. On May 1St, scheduling will be on a first come first served basis. 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 the same. When vacations cannot be granted during the anniversary year, pay in lieu thereof maybe given if mutually agreeable. 5.2 Vacation Rights in Case of Layoff or Separation Any employee who retires or separates from service of the Employer for reasons other than discharge, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. Employees who are discharged from service shall not be paid any unused but accumulated vacation time due. 6. HOLIDAYS 6.1 Days Designated The following days are holidays with pay for all commissioned officers: New Year's Day (1 January), President's Day (3rd Monday in February), Good Friday, Memorial Day (last Monday in May), Independence Day (4 July), Labor Day (1St Monday in Sept.), Veterans' Day (11 November), Thanksgiving Day (4th Thursday in Nov.), Christmas Day (25 December). 6.2 Holiday Pay Each commissioned officer shall receive and be paid holiday pay consisting of 4.5% of said officer's base pay. This holiday pay shall be paid in one lump sum on the first pay in November. Holiday pay will be paid prorata for those holidays that the employee is eligible for. An employee must work the shift immediately preceding and immediately following the holiday in order to be eligible for holiday pay unless excused by the Chief. 6.3 Holiday Falling on Vacation If a holiday occurs during a vacation, commissioned officer will receive an extra day's vacation. 5 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 to a maximum of five (5) personal days 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. 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) maybe used as sick days. 7.3 Illness of Commissioned Officer or Immediate Family Member Use of sick leave shall only be used for off duty injury, 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. Immediate family members shall consist of spouse, children, and stepchildren in the employee's household. Employee Commissioned officers must: a) Report promptly in ascending orders 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 day's 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 will not be paid in lieu of the remaining days. 7.5 Accrual of Personal Days Personal days shall not survive beyond the fiscal year of accrual. Personal days remaining at the conclusion of the fiscal year of accrual shall be forfeited without carry over. 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 ninety (90) days. Payment for such accumulation of not more than sixty (60) days shall be made upon termination of employment, except in cases of discharge for disciplinary reasons. Each day shall be valued at 1/5 of the then current weekly salary. 6 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. " 7.8 Call-In for Non Emergency Duty In the event that a commissioned officer is called in for non-emergency duty on a personal day, the commissioned officer shall be paid for such non-emergency duty at a straight time rate with a minimum of two (2) hours. 7.9 Trading Time Any employee, who wishes to trade time, may do so with prior notification of his/her -shift commander. Trading time shall be arranged so as not to interfere with the normal operation of the Fire Department, and with the approval of the Fire Chief which shall not be unreasonably denied. The City shall not be responsible for keeping track of time traded, nor shall time traded affect FLSA overtime. 8. LEAVE 8.1 Disability Leave If a commissioned officer becomes sick or injured off the job and is temporarily disabled from performing his/her 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. The commissioned officer shall be responsible for causing periodic reports to be submitted by the attending physician to the City Clerk and Fire Chief, on forms prescribed as maybe required. Any expense incurred, in supplying these reports, will be born by the City. 8.3 Military Leave Commissioned officers shall be granted such leave in accordance with the provisions of 65 ILCS Section 5/10-2.1-23 and Section 5/10 2.1-24. 8.4 Bereavement Each commissioned officer shall be granted on (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, stepbrothers, stepsisters, stepchildren, 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 workdays. 7 ,: 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 maybe absent without permission of the Fire Chief. 8.6 Family Medical Leave Act. The employer agrees to comply with the terms and conditions of the Family Medical Leave Act and the leave requirements contained therein. 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 (FLSA). 9.2 Emergency Call-In Commissioned officers, when called in for emergency duty shall be paid at time and one- half for actual hours worked with a minimum of four (4) hours. 9.3 Non Emergency Call-In Commissioned officers, when called in for non-emergency duty shall be paid at time and one-half for actual hours worked with a minimum of two (2) hours. 9.4 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. 9.5 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. 8 9.6 Temporary Additional Duties Pay When a commissioned officer is assigned to temporary additional duties greater than the permanent rank of the commissioned officer for half (1/2) shift (12 hours), said commissioned officer shall be granted temporary additional duty pay of ten dollars ($10.00) per half (1/2) shift during the period of such assignment. When a commissioned officer is assigned to temporary additional duties greater than the permanent rank of the commissioned officer for 1 shift (24 hours), said commissioned officer shall be granted temporary additional duty pay of twenty dollars ($20.00) per shift (1) during the period of such assignment. In the case of a Fire Fighter assuming the duties of a Lieutenant, it will be the senior Fire Fighter of that Shift whose name appears on the current roster of eligible candidates for promotion to the rank of Lieutenant. Assignments shall be made to provide proper management coverage. 9.7 Compensatory Time Off Compensatory time off maybe 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, and then the same shall be paid in lump sum to the commissioned officer at the end of the fiscal year. 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. In the event no commissioned officer will take said overtime, any commissioned officer can be forced in to fill the vacancy. This shall be done by going to the least senior commissioned officer in the rank to be filled first. 9.9 Shift Commander There shall, at all times, be a shift commander on duty who holds the rank of Assistant Fire Chief or Lieutenant. 9.10 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. 9 10 CLOTHING ALLOWANCE 10.1 Annual Payment All commissioned officers shall be paid an annual clothing allowance of $600.00 effective May 1, 2005, for regulation Firemen's clothing as approved by the City Council. The payment of this amount shall be made on the first payday in May. 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 anon-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 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 herein above due shall be deducted from such money amounts, which maybe yet due and payable from and, by the employer. 10.6 Equipment Furnished The City shall furnish all commissioned officers with the following, but not limited to, helmet, protective coat with liner, boots, protective bunker pants, bunker boots, gloves, badges, patches, and any other items required by the Fire Chief. The City further agrees that the above equipment shall be i~l good and safe condition as determined by the Fire Chief and City shall be responsible for necessary replacement. 10 11 COMMISSIONED OFFICERS' INSURANCE 11.1 Payment The employee shall pay 1.2% of said employee's base pay (excluding holiday pay, longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The employer shall pay the balance of all the total insurance premiums including the cost of health and dental insurance coverage, for the commissioned officer and their dependents. Effective at the signing of this Agreement the employee premium shall increase to 1.5% until the Insurance Fund reaches a balance of $250,000.00 or more, on April 30t" of any contract year, at which time the employee premium shall go back to 1.2% for the next contract year. At anytime should the Insurance Fund balance drop below $100,000.00 the employee premium shall increase to 1.8% until said fund reaches a balance of $200,000.00 at which time the employee premium shall be 1.5% and follow the guidelines set forth in the above sentence. Not withstanding anything herein to the contrary, effective May 1, 2005 all employees will pay 3% of their base pay (excluding holiday pay, longevity and rank pay) to be deducted from pay in 52 weekly payments, for contribution toward single and /or family premium coverage. 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 $750.00, 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 officers' dependents) that commissioned officer shall first be required to pay the first $500.00 aggregate amount of any such claim(s) for a commissioned officer without dependents; or, $1,000 aggregate for a commissioned officer with dependents. 11 11.4 Insurance Committee A joint Health Insurance Committee shall be formed and be comprised of the following persons who accept invitations to participate: 1. A Representative of I.A.F.F, Local 1897 2. A Representative of A.F.S.C.M.E. local 1372 3. A Representative of the Policemen's Benevolent and Protective Association, Unit 52 4. A Representative ofNon-Represented Employees 5. A Representative of Management 6. A Representative of City Council This committee shall be empowered to research and analyze the existing coverage and benefits, as well as, available plans to recommend possible changes to and/or Additions to the existing plan. The committee shall only make recommendations to modify the existing plan with a 2/3-majority vote of the committee. No recommended change shall substantially change the benefit levels and coverage of the existing plan. Also this committee will be empowered to hear complaints on insurance payments. The City shall have the final authority on'any recommended changes or appeals on payments. 12. RETIRMENT INSURANCE 12.1 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. 12.2 Retired Commissioned Officers Before May 1, 1993 For commissioned officers who have retired before May 1, 1993 and who have twenty (20) years of service and who have reached fifty (50) years of age, or who have twenty- five (25) years of service regardless of age, the employer shall pay the full amount of the applicable insurance premium. Premium payment shall be for the retiree, retiree's spouse, and dependent children. Retired commissioned officers who become reemployed where insurance coverage is provided by the new employee 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 12.3 Retired Commissioned Officers -After Mayl, 1993. Commissioned officers who retire after May 1, 1993 and who have twenty (20) years of service and who have reached fifty (50) years of age, or who have twenty-five (25) years of service, regardless of age and have become entitled to a pension under the provisions of the Firemen's Pension Fund, shall pay the amount of premium specified by the terms of Section 11.1 of this agreement as effective on the date of Commissioned Officer's retirement on his/her annual pension (to be paid in twelve (12) equal monthly payments). Premium payments shall be for the retiree, retirees' spouse, and dependent children. Retired commissioned officer who becomes reemployed 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. 12.4 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 12.2, 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. If surviving spouse remarries, and insurance is available through new spouse, said surviving spouse and dependents if any, may continue to participate in the City's insurance plan at 100% of premium. 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 current allowable Internal Revenue Service rate for each mile necessarily traveled. 13 14 COMMISSIONED OFFICER TELEPHONE REQUIRED Commissioned officer shall be required to have either a telephone in their residence or a cellular phone, and shall keep the Fire Chief advised, in writing, of such phone number and of any changes thereto. In the event a commissioned officer has only a cellular phone, such service shall be through an agreement with an established, reputable and reliable cellular phone service provider. It is recognized that "Trac Phones" or "pay as you go" cellular phone plans are not acceptable as an established, reputable and reliable cellular phone service. Commissioned officers shall also be provided a pager, which the parties agree all commissioned officers now have. The employer also requests that the pager be worn anytime said officer is outside his/her residence. The employer will page an employee for non-emergency overtime, allowing said employee five minutes to contact the Fire Department before moving to the next person, except when the employee on the top of the overtime list is already in the station. This procedure will start when it is known the overtime is needed, or as soon as practical. Both parties agree that the employee is free to promulgate required emergency response rules and regulations effective for all employees of the Department. 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 a work schedule different than those established for other members. 16 DEPARTMENTAL MEETINGS Routine departmental meetings of all commissioned officers may be called for the purpose of receiving and disseminating necessary information. 16.1 Meetings No provision of this Section shall be construed to prohibit the calling of a 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. The Fire Chief shall notify any or all commissioned officers of the meeting at least one (1) week in advance, unless there is an emergency. 14 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 any 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 grievant (s) or one grievant representing group grievant 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 Grievant (s) Responsibility Although it is understood that grievant (s) are entitled to union representation and/or one grievant may represent the alleged aggrieved parties; the grievant (s) are still mandated to be present at all meetings/discussions held between all parties. They may be excused from attendance if just cause is proven with agreement by both parties. 17.4 Union Responsibility It will be the responsibility of the representatives of I.A.F.F. Local 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- givingrise to the grievance. ' 15 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 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 consent, this latter (14) days period maybe extended by an instrument in writing signed both by the aggrieved fireman 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 in any way constitute a delegation of any power or jurisdiction from the Police and Fire Commission to the arbitration process. 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. 16 17.10 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. 17.11 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 persons 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. FMCS 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). 17.12 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. 17.13 Effect of Arbitration Subject to the appeal procedure set forth by the Uniform Arbitration Act, the decision of the arbitrator shall be final and binding 17 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 month's 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 just cause No holiday, vacation, personal days, or other paid time off shall accrue while on an unpaid leave of absence, unless otherwise provided for by law. 20. LAYOFFS 20.1 Notice to be given Any commissioned officer maybe 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 (65 ILCS 5/10-2. 1-1). Layoffs to accomplish a reduction in the department rank structure shall be by seniority in the 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. 18 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 (65 ILCS 5/10-2.1-1), that is to say, by inverse order of layoff. Commissioned officer 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 aten-mile (10) radius of the Fire Station within 90 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 except insurance changes by the insurance committee will 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. 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. 19 23.6 Totality The employer and union acknowledges 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, unless mutually agreed upon by both parties. 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 Management's 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 organization 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 just 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 as of the First (ls`) day of May 2005, and shall remain in full force and affect through the 30`h day of April 2008. It shall automatically be renewed unless either party notifies the other in writing, no less than one hundred twenty (120) calendar days prior to the anniversary date that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin no later than thirty (30) calendar days after the notice is delivered. In the event an agreement cannot be reached, the dispute will be resolved in accordance with Section 14 of IPLRA, except for selecting neutral arbitrator which will be done following the procedure set forth in Article 17.11 of this agreement. 23.10 Contingency This agreement is not an appropriation, but it is recognized by both parties that any and all monetary considerations in this agreement shall become part of the appropriation ordinance and budget adopted 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, 2005. 20 24 DISCIPLINE "Discipline" shall mean 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. 25 HEALTH & WELLNESS 25.1 The City of Canton and Fire Fighters Local 1897 agree to maintain the terms of the Fire Service Joint Labor management Wellness/Fitness Initiative, copyright 1997 by the International Association of Fire Chiefs. 25.2 Both parties acknowledge that a Drug and Alcohol testing policy was adopted by Resolution and continues in effect for the term of this contract. It is further understood that a medications notification policy will be implemented within the Canton Fire Department. 26 PROMOTIONAL TESTING 1. The final Promotional Examination score for promotions within the Fire Department shall be determined as follows: Component % of Total Score/Max. Points Seniority 10% / 10 points Ascertained Merit 20% / 20 points Subjective Evaluation (Oral Interview) 20% / 20 points Written Examination 50% / 50 points 2. Seniority is to be determined as of the date the written examination is given and will be calculated as follows: 1) %Z of a point per year for each full year of service as a full- time fire fighter with the Canton Fire Department up to a maximum of five (5) points; and, 2) %2 of a point per year for each full year served in the candidates current rank up to a maximum of five (5) points. 3. Candidates for promotion shall be awarded points for ascertained merit based upon the schedule attached as Exhibit A hereto. A candidate must submit his or her claim for ascertained merit, with proof thereof, to the board three (3) weeks prior to the date set for the written examination. Z1 4. The oral interview shall be competitive and consist of questions related to and associated with the performance of duties for the position sought. 5. The points to be awarded each candidate for promotion for seniority, ascertained merit and resulting from the oral interview will be posted at least two (2) weeks prior to the conduct of the written examination. 6. The written examination shall be competitive, shall consist of questions derived from the reading materials assigned and from the Department's current policies and procedures. The questions shall be related to and associated with the performance of the duties for the position sought. 7. A Candidate's total score shall consist of the combined point totals awarded for seniority, ascertained merit, oral examination, written examination plus veteran's preference points. Candidates shall take rank upon a promotional eligibility register in the order of their relative excellence as determined by their total score. In the event of a tie score, the placement of the tied candidates' names on the eligibility list shall be determined by seniority. A candidate who fails to achieve a minimum total score of 65 will not be placed upon the final promotional eligibility list. All promotions shall be made in rank order, from top to bottom, unless the top candidate has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting his or her ability to perform the duties of the promotional rank. 8. While candidates may test and be placed upon a final promotional eligibility list without the following prerequisites, a candidate for promotion to the position of Fire Lieutenant, at the time a vacancy occurs, must have served as a fire fighter with the Canton Fire Department for a period of three (3) years and attained certification as a Fire Fighter III. A candidate for the position of Assistant Chief, at the time a vacancy occurs, must have served a minimum of one (1) year as a Canton Fire Department Fire Lieutenant and attained certification as a Fire Officer I. Candidates who lack the required prerequisites at the time a vacancy occurs, while disqualified for the immediate promotion, shall retain their position on the eligibility list and shall, provided the necessary service component and training certifications are attained, be eligible for promotion when later vacancies occur. 22 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 1 S` day of May 2005. For the City of Canton, Illinois Ma or of the City o on, IL ATTEST: City Jerk ident President tary 23 APPENDIX A A Step Firefighter Base Salary Years of Service SALARY SCHEDULE Effective I. II. III. N. V. VI. VII. VIII. IX. X. B. I. II. III. IV. C. I. II. III. IV. D. I.* II. Probationary Starting 2nd Year Starting 3rd Year Starting 4th Year Starting 5th Year Starting 7th Year Starting 10th Year Starting 15th Year Starting 20th Year Starting 25th Year May 1, 2005 $33,408/annual $35,343/annual $37,427/annual $41,387/annual $41,780/annual $42,866/annual $44,437/annual $45,482/annual $47,6915/annual $49,095/annual Effective May 1, 2006 $34,577/annual $36,580/annual $38,737/annual $42,836/annual $43,242/annual $44,366/annual $45,992/annual $47,074/annual $49,365/annual $50,813/annual Effective May 1, 2007 $35,787/annual $37,860/annual $40,093/annual $44,335/annual $44,756/annual $45,919/annual $47,602/annual $48,722/annual $51,093/annual $52,592/annual Lieutenant Base Salary Base Starting 15th Year Starting 20th Year Starting 25th Year $46,494/annual $47,551/annual $49,399/annual $51,212/annual $48,121 /annual $49,215/annual $51,128/annual $53,004/annual $49,805/annual $50,938/annual $52,917/annual $54,859/annual Assistant Fire Chief Base Salary Base Starting 15th Year Starting 20th Year Starting 25th Year $48,546/annual $49,727/annual $51,559/annual $53,405/annual $50,245/annual $51,467/annual $53,364/annual $55,274/annual Longevity Pay Step a. 20 yrs and over $6,000/annual Step b. 20yrs and over $7,200/annual * Payable as provided in Article 4.1 of this agreement. $52,004/annual $53,268/annual $55,232/annual $57,209/annual 24 Letter of Understanding I.A.F.F., Local 1897 and the City of Canton acknowledge that there is a twelve-month window associated with Step b. in the Longevity Schedule. This window begins on the date of signing of this Agreement. For the Unio For the City Date ~ - l~ ' OS Date t1 ~ t y° ~/~ 25 26