HomeMy WebLinkAboutResolution #0891RESOLUTION NO.��
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
THE CITY OF CANTON POLICE DEPARTMENT AND AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY OF CANTON.
WHEREAS, the City of Canton, Illinois has entered into negotiations
with the City of Canton Police Department, Local No. 759, American Federa-
tion of State, County and Municipal Employees, relative to the establish-
ment of rates of pay, hours of work and other conditions of employment;
and
WHEREAS, the City Council of the City of Canton, Illinois has re-
viewed the terms of the proposed agreement, a copy of which is attached
hereto and made a part hereof Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois has
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 Police Department, Local No. 759, American Federation of State,
County and Municipal Employees, which is attached hereto and made a part
hereof of 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 the 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
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APPROVED by the Mayor thereof this ` day of July, 1981.
APPROVED: Ca ,MAYOR
DONALb E. EDWARDS
ATTEST CITY CLERK
NANCY S. WHITES
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE CITY OF CANTON
POLICE DEPARTMENT, LOCAL NO. 759, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES.
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. 759; the establishment of an
equitable and peaceful procedure for the resolution of differences; and
the establishment of rates of pay, hours of work and other conditions of
employment.
1.1 Definition of Terms.
For the purposes of clarification, various terms used in this contract
are defined as follows:
1.1.1 Employer shall mean the City of Canton and may be referred to as City.
1.1.2 Employee shall mean a full -time employee who is a memberiin good stand-
ing of Local No. 759, American Federation of State, County and Municipal
Employees.
1.1.3 Probationary employee shall mean any newly hired or rehired employee of
the Police Department.
1.1.4 Union shall mean the American Federation of State, County and Municipal
Employees, Local No. 759.
1.1.5 Fiscal year shall mean the fiscal year of the City of Canton, May 1
through April 30.
1.1.6 Hourly rate shall mean the annual salary divided by 2080 hours.
2. RECOGNITION.
2.1 Bargaining Agent.
The employer recognizes the American Federation of State, County and
Municipal Employees as the sole and exclusive bargaining agent for the
purpose of establishing salaries, wages, hours and other conditions of
employment for employees of the Police Department, subject to the Police
and Fire Commission Act, radio operator- dispatcher, and traffic control officers,
and such other persons as the parties may agree to in writing, 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 Police Department shall be followed
2.3
2.4
3.
3.1
3.2
3.3
3.4
3.5
by a twelve (12) month robationar
P y period. Such probationary period
shall be considered a period of test or trial for the employee in
relationship to the employee's work and the employer, during which time,
such employees may be discharged by the employer for cause.
Non - Appointive Personnel.
Employees not appointed by the'Fire and Police Commission may only be
discharged for cause after the probationary period upon majority appro-
val by the City Council.
Agency Shop.
Any present or future employee who is not a Union member and who does
not make application for membership, shall, as a condition of employ-
ment, pay to the Union each month a service charge as a contribution
toward the administration of this agreement in an amount equal to the
regular monthly dues. Employees who fail to comply with this require-
ment shall be discharged by the employer after receipt of written notice
to the employer from the Union.
HOURS OF WORK.
Regular Hours.
The regular hours of work each day shall be consecutive except that they
may be interrupted by a lunch period.
Work Shift.
Eight (8) consecutive hours of work shall constitute a work shift. All
employees shall be scheduled to work on a regular work shift, and each
work shift shall have a regular starting and quitting time.
Work Week.
Except as provided in Section 16, infra, the work week shall consist
of five (5) consecutive eight -hour days.
Work Schedule.
Work schedules showing the employees' work days and hours shall be posted
on a department bulletin board at all times.
Shift Designation.
For the purposes of this agreement, the 7 A.M. to 3 P.M. shall be consid-
ered the first shift; the 3 P.M. to 11 P.M. shall be considered the second
shift; and the 11 P.M. to 7 A.M. shift shall be considered the third shift
of each day.
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Employees shall be compensated as provided in the Wage Schedule, a copy
of which is attached hereto and made a part hereof.
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 in-
elude hours worked through the preceding Saturday.
5. COST OF LIVING ALLOWANCE.
5.1 Time.
All salary ranges shall be adjusted on May 1, August 1, November 1, and
February 1 of each fiscal year exclusive of May 1, 1981, by the amount
of the increase or decrease in the cost -of- living since the previous
cost -of- living adjustment. Determination shall be made by reference to
the Consumer Price Index as of May 1 of each year. In no event shall a
decrease in the Index cause a reduction in salary below base salary as
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of May 1 of each contract year as specified in the Wage Schedule hereto
attached.
5.2 ?Method.
The cost -of- living allowance shall consist of one cent per hour added to
the regular hourly wage of each employee for each three - tenths (.3) rise
in the cost -of- living index which occurs over the status of the index as
it exists a5 of May 1 of each contract year: The index used for this
computation is the Consumer Price Index for Urban Wage Earners and
Clerical Wor<ers (including single workers) published by the Bureau of
Labor Stati Y ics, United States Department of Labor, referred to herein
as the "Ind_a.". Should this "Index" no longer be published during the
term of thi= contract, a new consumer price index will be agreed upon
by the City and the Union for use in making this determination.
5.3 Cap on Cost :.f Living.
In no case _,7all the increase in cost -of- living payments exceed a ten
per centum :Oo) increase in the Index, as determined by reference to
the Index a_ of date of May 1 of each fiscal year /contract year. It is
agreed that -he Index as of May 1, 1981 was 266.8.
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5.4
Time of Payment.
The cost -of- living increases, if any, shall be paid as soon as practicable
following each adjustment date. It is specifically recognized that the
adjustment of May 1, 1984, if any, is an adjustment relating back to the
months of February, March and April of 1984.
6. VACATION.
Each employee of the City shall accumulate two (2) calendar weeks (not
to exceed ten (10) working days) vacation leave with pay, based upon the
employee's last hourly rate used to calculate payroll, upon completion of
a full year of service. Employees shall be granted additional vacation
leave on the employment anniversary date when each of the following periods
have been attained: Employees, after three (3) years of continuous service,
shall be granted an additional calendar week of vacation (not to
exceed five (5) working days) each year. Employees, after ten (10) years
of continuous service shall be granted an additional calendar week of
vacation (not to exceed five (5) working days) each year. Employees, after
fifteen (15) years of continuous service shall be granted an additional
calendar week of vacation (not to exceed five (5) working days) per year.
1 year but less than 3 years
3 years but less than 10 years
10 years but less than 15 years
15 years or over
2 weeks vacation
3 weeks vacation
4 weeks vacation
5 weeks vacation
Vacations will be scheduled to meet the operating requirements of the
City with preference given to the request of an employee with seniority
whenever possible.
6.1 Accumulation of Vacation Time.
Vacation time shall be used during the fiscal year of the City during
which an employee becomes entitled thereto, unless the Chief of Police
makes a written request for extension to the office of the Mayor who
shall approve or disapprove same. When vacations cannot be granted
during the fiscal year, pay in lieu thereof may be given if mutually
agreeable.
6.2 Vacation Rights in Case of Layoff or Separation.
Any employee who is discharged, retired, or separated from the service
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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.
7. HOLIDAYS.
7.1 Days Designated.
The following days are holidays with pay for all employees:
New Years Day Independence Day Thanksgiving Day
(1 January) (4 July) (4th Thurs. in Nov.)
Memorial Day Labor Day Christmas Day
(last Monday (1st Mon. in Sept.) (25 Dec)
in May)
Veterans Day
(11 Nov.)
7.2 Holiday Pay.
Each employee shall receive and be paid a "holiday" consisting of eight
(8) hours of regular pay applicable to each person, provided, however,
that such employee shall be and remain employed by the City both before
and after applicable holiday.
7.3 Holidays Worked.
An employee's work day shall be determined by the day on which his shift
begins. Should the employee's shift begin on a holiday designated in
Section 7.1, and such a day is part of the employee's regular work week,
such employee shall receive and be paid the holiday pay set forth in
Section 7.2 in addition to eight (8) hours at the rate of double time,
making thereby a total entitlement for such holiday worked of eight (8)
hours at the rate of triple time.
7.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, employee will receive an extra
day's vacation or holiday pay, at the employee's discretion. If the holi-
day occurs on a regularly scheduled day off, the employee will receive
eight (8) hours additional pay at the straight time rate.
8. SICK /PERSONAL DAYS.
8.1 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
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an employee shall earn one -half (2) day of personal leave and one-
half (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 Chief of Police.
8.2 Computation of Sick /Personal Days - Others.
All other employees 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 Chief of Police and five (5) may be used as sick days.
8.3 Illness of Employee.
Use of sick leave shall only be used for injury off duty, illness or
exposure to contagious disease. Employee shall be governed by the follow-
ing requirements in order to be eligible for pay during such sick leave.
Employees must:
a. Report promptly in ascending order the reason for absence
to the on -duty shift commander or Chief of Police.
b. Keep the Chief of Police informed of employeeis condition if
the absence is more than three (3) consecutive days duration.
8.4 Pay in Lieu of Personal Days.
Should an employee not use all or any of the five (5) personal days, the
employee shall be paid in lieu thereof for each unused day up to five (5)
days at the end of the fiscal year or as soon thereafter as practical.
Payment shall be in the amount of one -fifth (1/5) of the weekly salary
for each unused day.
8.5 Accrual of Sick Days.
Should any or all of the five (5) sick days not be used by the employee
during the fiscal year, all unused days shall be accrued. Employee may
accrue up to a total of thirty (30) days. Payment for such accumulation
shall be made upon termination of employment.
8.6 Call -in for Emergency Duty.
In the event that an employee is called for emergency duty on any such
day, employee shall be paid for such emergency duty at a straight time
rate.
9. LEAVE.
9.1 Disability Leave.
If an employee becomes sick or injured off the job and is temporarily
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disabled from performing his duty, the employee shall be eligible to
receive disability benefits under the City's Loss of Time Insurance
Policy.
9.2 Job Related Disability.
Any police 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 employee shall be responsible for causing periodic reports to be sub-
mitted by the attending physician to the City Clerk, on forms prescribed
by the employer.
9.3 Military Leave.
Employees shall be granted such leave in accordance with the provisions
of Chapter 24, Section 10- 2.1 -23 and Section 10- 2.1 -24 of the Illinois
Revised Statutes.
9.4 Bereavement. !
Each employee shall be granted up to three (3) calendar days of bereavement
leave when a death occurs in the employee's immediate family. (Immediate
family shall include: spouse, children, mother, father, brother, sister,
mother -in -law, and father -in -law). Additional time may be granted when
reasonable justification is provided to the Chief of Police. Bereavement
leave shall be with pay for any regular scheduled work days.
9.5 Miscellaneous Leave Policies.
The Chief of Police has the authority to approve other leaves -of- absence
without pay. Such leaves -of- absence shall be requested by the employee,
approved by the Chief of Police, and reported to the office of the Mayor.
Other leaves -of- absence with pay shall be authorized by the Mayor upon
recommendation of the Chief of Police. Action by the Mayor may be secured
upon submission of an approved request from the Chief of Police. No
employee may be absent without the permission of the Chief of Police.
10. SPECIAL PAY PROVISIONS.
10.1 Court Time.
Court time shall be paid at the regular hourly rate for all hours outside
the employee's regular shift.
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Employees required to appear in Court shall be paid a four (4) hour
minimum for the time they are required to be in Court. Employees shall
be paid a two (2) hour minimum for other activities which are Court related.
10.2 Overtime.
Except as otherwise provided, employees required to work in excess of
eight (8) hours per day shall be paid at the rate of one and one -half
(12) times for all hours worked in excess of 45 minutes beyond the
employee's regularly scheduled eight (8) hour shift with a minimum of
one (1) hour. Employees called in for additional duty shall also be
paid at one and one -half (12) times the regular rate, with a four (4)
hour minimum. Call -in time on a holiday or the employee's Sunday
(second day off) will be paid at double time, with a four (4) hour
minimum.
10.3 Call -in From Vacation.
Employees 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.
10.4 Temporary Rank Pay.
When an employee is assigned to a temporary rank higher than the permanent
rank of the employee, by the Chief of Police or the Mayor, in writing, such
employee shall be granted a temporary rank pay of Ten ($10.00) Dollars per
week during the period of such assignment. Assignments shall be made to
provide proper management coverage. It is recognized that no such assign-
ments shall be made for less than one week.
10.5 Night Bonus.
Employees who work a regular eight (8) hour night shift as part of their
regular work week, shall receive and be paid a night bonus of three percent
(3%) added to the basic hourly wage for each hour worked. For the purpose
of this section, the term "night shift" shall mean any eight (6) hour period
between the hours of 3:00 P.M. and 7:00 A.M. the day thereafter.
10.6 Compensatory Time Off.
Compensatory time off may be given when the employee has agreed to work in
excess of the employee's regular shift for compensatory time. Compensatory
time off shall be calculated at the rate of one and one -half (12) times
the hours actually worked and may be accrued up to 96 hours. The employee
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may use these hours under the same rules that govern personal days.
Should the employee not use his accrued hours by the end of the fiscal
year of accrual, employee shall be paid in lieu of the accrued hours.
Employee may request the continued accrual of said hours by written request
to the Chief of Police.
10.7 Training.
Any employee authorized to attend a training school shall be paid for time
incident thereto at his regular hourly rate.
10.8 Overtime Rotation.
Overtime work shall be rotated among all employees within the Department
so far as is practical. An overtime list shall be posted and maintained
up to date by .the Chief of Police.
11. CLOTHING ALLOWANCE.
11.1 Annual Payment.
' All employees subject to the authority of the Fire and Police Commission
and Traffic Control Officers shall be paid an annual clothing allowance
of $403.88 for regulation Policemen's clothing as approved by the
City Council. The payment of this amount shall be made on the first pay
day in May or as soon thereafter as practical.
11.1.1 Radio Operators.
Radio Operators shall be paid an annual clothing allowance of $194.73
for regulation clothing as approved by the City Council. The payment of
this amount shall be made on the first pay day in May of each year or
as soon thereafter as practical.
11.2 Probationary Employee Payment.
A probationary employee shall be paid the clothing allowance at the time
of his employment.
11.3 Probationary Employees - Reimbursement - Termination.
In the event of the termination of a probationary employee, for any reason
whatsoever, such employee shall reimburse the employer for clothing allow-
ance paid as follows: one -half shall be retained by the employee. The
remaining one -half shall be reimbursed to the employer in that percentage
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amount which the remainder of the year existing at the time of termination
bears to the full twelve (12) month period.
11.4 Non- Probationary Employee Reimbursement - .Termination.
In the event of the termination for any reason, except retirement, of a
non - probationary employee, such employee shall reimburse the employer on
account of clothing allowance paid as follows: Such employee shall reim-
burse the employer clothing allowance paid in the current fiscal year of
the employee's termination that percentage amount of the clothing allow-
ance paid in such year which the remainder of such year existing at the
time of termination bears to the whole of such year.
11.5 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.
+ 11.6 Equipment Furnished.
The City shall furnish all Police Officers with a service revolver, riot
baton, flashlight, hat badge, breast badge, and rain coat. The City
further agrees that replacement of same shall be made by the City when
the Chief of Police deems necessary.
12. MEAL PERIODS.
All employees shall be granted a thirty (30) minute lunch period during
each work shift. Whenever possible, the lunch period shall be scheduled
at the middle of each shift, provided, however, that the same shall
never interfere with assigned or emergency duties.
13. EMPLOYEE'S INSURANCE.
13.1 Payment.
The City shall pay all of the total insurance premium for all employees
and their dependents.
13.2 Coverage.
The amount of the insurance coverage shall be at least as much of 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.
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Disability pay shall be two - thirds (2/3) of the employee'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 of insurance companies is beneficial, the proposed new coverage
shall be submitted to the Union for its information and review.
14. RETIREMENT INSURANCE.
The insurance coverage for retired employees shall consist of the over-
all 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 re-
tirement, at which time it shall be reduced to $3,000.00.
14.1 Retired Employees - 25 Years of City Service.
The employer shall pay the full amount of the applicable insurance premium
in the case of employees 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 employees who
become re- employed where insurance coverage is provided by the new employer
shall be excluded from this provision. Upon attaining his age of sixty -
five (65) years, or, such other age as Congress may subsequently determine,
this coverage shall terminate and the retired employee shall make applica-
tion to Medicare, or, to its successor program. If available, the retired
employee shall, however, have the option of purchasing Medicare supplement
insurance at his expense through the City's group insurance carrier, if
available.
14.2 Retired Employees - 20 Years of City Service.
The employer shall pay the entire amount of the applicable insurance
premium in the case of such employees who have twenty (20) years of
service and who have reached their respective age of fifty (50) years
and who have become entitled to a pension under the provisions of the
Police Pension Fund. Premium payment shall be for the retiree,
retiree's spouse and dependent children. Retired employees who become
re- employed where insurance coverage is provided by the new employer shall
be excluded from this provision. Upon attaining his age of sixty -five (65)
years, or, such other age as Congress may subsequently determine, this
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coverage shall terminate and the retired employee shall make application
to Medicare, or, to its successor program. If available, the retired
employee shall, however, have the option of purchasing Medicare supplement
insurance at his expense through the City's group insurance carrier, if
available.
14.3 Disabled Employee and Spouse and Dependents of Deceased Employee.
A permanently disabled employee and the surviving spouse and dependent
children of a deceased employee shall participate in the City's insurance
plan, but only to the extent specifically provided in the last four (4)
sentences of Section 14.1, above. This section shall apply only to
spouses of disabled /deceased employees who are lawfully married to such
employee at the time the disability /death occurs.
14.4 Employees with Early Retirement.
Employees entitled to payment of insurance premiums under the above
provision, shall be subject to the following limitation: If such
employee chooses to retire under such conditions that retirement bene-
fits are reduced on account of early retirement under provisions of the
Illinois Municipal Employees Retirement Program, then the amount of in-
surance premium paid by the employer will be likewise proportionately re-
duced, EXCEPTING HOWEVER, the employer shall pay the entire amount of
the applicable premium of such insurance if the employee has reached
the age of 55 years, and has twenty (20) years of service, and who
retires eligible to receive retirement benefits under the provision of
the Illinois Municipal Employees Retirement Provisions.
15. TRAVEL ALLOWANCE.
When an employee is authorized or required to drive a personal car for
purposes related to employment, the employee shall be compensated there- %
fore at the rate of twenty (20 0 cents per mile for each mile necessarily
traveled.
16. KELLY SUNDAY.
All employees shall receive one Sunday off per calendar month with pay
as a "Kelly" day off. However, it is recognized that such employee is
subject to emergency call -in without additional pay. With the prior con-
sent of the Police Chief, an employee's normal work week may, from time
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to time, be modified to accommodate the Kelly Sunday concept.
17. TELEPHONE ALLOWANCE.
Employees shall be required to have a telephone in their residence and
shall receive a telephone allowance, consisting of the full amount of
the base -rate charge from time to time existing.
18. POLICE SHIFT OPENINGS.
18.1 New Position Openings.
When an opening on a shift is created by retirement, resignation, or dis-
charge of an employee, such opening will be conspicuously posted on the
bulletin board at Police Headquarters for a period of seven (7) days.
During this period, qualified employees who are interested in said open-
ing shall make known their interest, in writing, to the Chief of Police.
The Chief of Police shall give due consideration to the most senior
employee making such request when filling said position.
18.2 Secondary Position Openings.
Secondary positions that may become open due to the previous stated
policy shall likewise be posted for a period of three days.
19. DUTIES OF POLICE EMPLOYEES.
The duties of all Police employees shall be in accordance with custom
and the City Ordinances defining such duties as the same may be pro-
mulgated from time to time.
20. MONTHLY DEPARTMENTAL MEETINGS.
Routine departmental meetings of all employees may be called on a monthly
basis for the purpose of receiving and disseminating necessary information.
20.1 Payment.
Meetings shall be without pay for a period of one and one -half (112) hours.
Should said meeting exceed this time period, all employees in attendance
shall be paid for the actual time spent in excess of one and one -half
(1'-z) hours.
20.2 Schedule.
The Chief of Police shall notify all employees of the department meeting
at least one (1) week in advance.
20.3 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
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spent in such meetings shall be considered hours worked, with a one (1)
hour minimum, if the employee is not on duty.
21. SETTLEMENT OF GRIEVANCES.
21.1 Purpose.
Amicable settlement of grievances between employer and employee is
recognized in principle and with the intention that the same shall be
applied in practice to the fullest extent possible.
21.2 Method.
Grievances shall first be referred to the Police Chief, in writing, within
seven (7) days of the date on which the grievance occurred. The Police Chief
shall respond in writing to each such grievance within seven (7) working
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) days after the
response by the Police Chief is made. The Committee shall thereafter meet
with the aggrieved policeman and his representative, if any, within fourteen
(14) days of submission of the written grievance to the Zommittee.
Following such meeting, the Committee shall make its written answer within
fourteen (14) days following such meeting. However, by mutual assent, this
latter 14 day period may be extended by an instrument in writing signed
both by the aggrieved policeman 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) days of the Committee's written answer, be
submitted to the Mayor in writing. The Mayor shall make written answer
within seven (7) working days of receipt of the written grievance. For
purposes of this paragraph, a "work day" or "working day" shall be inter-
preted to mean any day falling Monday through Friday of a calendar week,
exclusive of legal holidays as determined by reference to Illinois and
Federal law.
21.3 Arbitration.
If, after the foregoing grievance process has been fully completed, the
grievance yet subsists, either party may invoke arbitration within seven (7)
working days of the Mayor's written answer, all as contemplated in the fore-
going Paragraph 21.2, by giving written notice of referral to the other party.
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21.4 Authority of Arbitrator.
The authority of the arbitrator is specifically limited to the inter-
pretation 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. The arbitrator shall be without power to make deci-
sions contrary to or inconsistent with any applicable ordinance, law or
statute.
This section relating to 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. Nor, shall this
section be construed to be a delegation to the arbitrator of authority to
determine matters relating to the establishment of wages, hours of employ-
ment, or working conditions.
21.5 Make -Up of Arbitrator.
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The parties shall attempt to agree upon an arbitrator within five (5)
business days after receipt of notice of referral and in the event the
parties are unable to agree upon an arbitrator within said five (5)
business days, the parties shall immediately jointly request the Illinois
Arbitration Service to submit a panel of five (5) arbi-
trators. Both the City and the Union shall have the right to reject
one list before striking any names. The Union and the City shall alternately
strike names, the Union striking the first name, the City striking a name,
until one name remains, and that person shall be the arbitrator. The
arbitrator shall be notified of his or her selection by a joint letter
from the City and the Union requesting that he or she set a time and a
place, subject to the availability of the City and Union representatives.
21.6 Costs of Arbitration.
Each of the parties to the arbitration process shall pay half of the normal
and customary expenses of arbitration. Any party desiring extraordinary
support in the arbitration process, such as a written record of the pro-
ceedings, and the like, shall be entirely responsible for such costs.
This section shall not be interpreted to require that any party pay all or
part of the attorney fee of the other party.
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21.7 Effect of Arbitration.
The decision of the arbitrator shall be final, excepting that either
party may thereafter make appeal to the judicial system, all as provided
by law.
22. CHECK -OFF SYSTEM.
Union dues shall be deducted from an employee's paycheck upon receiving
written authorization from the employee and shall be paid to the treasurer
of the local union each month.
23. ACCRUAL AND FORFEITURE OF SENIORITY.
All employees shall be given seniority beginning with the date of employ-
ment with the department. Months of layoff do not count towards senior-
ity. Temporary full -time employees shall be allowed credit for seniority
for continuous past months' service, if hired on a permanent basis with-
out a lapse in employment. Seniority shall be forfeited for any of the
following reasons:
+ 1. Employee resigns.
2. Employee is discharged for just cause.
24. LAYOFFS.
24.1 Notice to be Given.
Any employee may be laid off by applicable statutes without reflection on
the employee'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 employee
affected thereby.
24.2 Order to be Followed When Laying Off.
The order to be followed when laying off employees shall follow the pro-
visions as set by the Fire and Police Commission Act. (Illinois Revised
Statutes (Chapter 24)
24.3 Order to be Followed in Call -Back.
The order to be followed when calling back employees shall follow the
provisions as set by the Fire and Police Commission Act. (Illinois
Revised Statutes, Chapter 24)
25. EDUCATION EXPENSE.
The City shall reimburse the employee 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, pro-
viding such was approved in advance by the Chief of Police. The above
-16-
reimbursement would be contingent upon the successful completion of such
course.
26. RESIDENCY REQUIREMENT.
Any employee shall become a resident of the City of Canton, or reside
within a ten -mile radius of the City, within 30 days after the expiration
of such employee's probationary period, if the employee is to continue
employment with the City.
27. GENERAL PROVISIONS.
27.1 All benefits provided hereunder shall remain in full force and effect for
the term of this agreement.
27.2 Nothing in this agreement shall be construed to negate the status of the
employer as a municipal employer and any provisions hereof which, by inter-
4 pretation 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.
27.3 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.
27.4 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.
27.5 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.
-17-
27.6 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 pro-
vision of this agreement shall apply.
27.7 Termination.
This agreement shall be effective for the entire period of the fiscal
years 1981/1982, 1982/1983, 1983/1984 of the employer. At the end of
that time, it shall terminate, and shall be of no effect, unless agreed
to otherwise by both parties in writing.
27.8 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.
27.9 Effective Date of Agreement.
' All provisions and benefits of this agreement shall be effective as of
May 1, 1981.
IN WITNESS WHEREOF, the parties hereto have executed and delivered the
foregoing agreement in two duplicate copies, each of which is hereby
N
declared to be an original for all purposes. Dated this day
of LkLY 1981.
For the City-of Canton,, Illinois
Mayor of the City of Canton, Illinois
ATTEST: �
Cityi Clerk
51M.
Its President
Its Vice - President
Its Secretary
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