HomeMy WebLinkAboutResolution #5357 - collective bargaining agreement with the canton firefighters, local no. 1897 , I.A.F.F.,A.F.F.I.,AFL/CIO RESOLUTION NO. 5357
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT,AND
RELATED AGREEMENTS,BETWEEN THE CITY OF CANTON AND
THE CANTON FIRE FIGHTERS,LOCAL NO. 1897,I.A.F.F.,A.F.F.I,AFL/CIO
WHEREAS,the City of Canton(the"City")has entered into negotiations with the Canton
Fire Fighters, Local No. 1897,I.A.F.F.,A.F.F.I, AFL/CIO ("Union")relative to the establishment
of wages and benefits and other conditions of employment; and
WHEREAS, the City has negotiated and reviewed the terms of a collective bargaining
agreement (the "CBA") with the Union for the period of May 1, 2021 through April 30, 2024, a
copy of which is attached hereto and incorporated herein, as "Exhibit A"; and
WHEREAS, as part of the above-described negotiations for the CBA,the City and Union
negotiated Side Letter of Agreement (the "SLA") for COVID Premium Pay, a copy of which is
attached hereto and incorporated herein as"Exhibit B," conditioned upon ratification of the CBA
by the Union prior to 11:59 p.m. on February 7, 2022;
WHEREAS,the Union ratified the CBA prior to 11:59 p.m. on February 7, 2022;
WHEREAS, the Committee on Negotiation, Grievance and Personnel and the City
Council of the City of Canton,Illinois have determined that it is necessary and in the best interests
of the City to approve the CBA and the SLA (collectively the"Agreements").
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Canton,
Fulton County, Illinois. as follows:
1. The Collective Bargaining Agreement between the City of Canton and the Canton
Fire Fighters, Local No. 1897, I.A.F.F., A.F.F.I, AFL/CIO, substantially in the form as attached
hereto as"Exhibit A,"is hereby approved, and said CBA is to be subject to and effective pursuant
to the terms and conditions set forth therein.
2. The SLA between the City of Canton and the Illinois Fraternal Order of Police
Labor Council, Unit #840, substantially in the form as attached hereto as "Exhibit B," is hereby
approved, and said SLA is to be subject to and effective pursuant to the terms and conditions set
forth therein.
3. The Mayor and City Clerk of Canton,Illinois are hereby authorizedanddirected to
execute and deliver the Agreements behalf of the City of Canton.
4. The City Attorney is hereby authorized to make any revisions necessary to
accomplish the foregoing,provided the Agreements are not substantially changed.
5. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the Agreements by the Canton Fire Fighters,
Local No. 1897, I.A.F.F., A.F.F.I, AFL/CIO.
PASSED THIS 15th day of February, 2022.
AYES: Alderperson Andra Chamberlin,Justin Nelson,Craig West,Angela Hale,Jeff Fritz,
Angela Lingenfelter
NAYS: None
ABSENT: Alderperson John Lovell, Greg Gossett
APPROVED THIS 15th day of February, 2022.
g<tAl-
VVI
Kent McDowell, Mayor
A ST:
Diana Pavley-Rock, City Clerk
EXHIBIT A
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, 2021
Through
April 30, 2024
TABLE OF CONTENTS
1. PURPOSE AND DEFINITION OF TERMS. 2
2. RECOGNITION 3
3. HOURS OF WORK 3
4. WAGES 4
5. VACATION 5
6. HOLIDAYS 6
7. SICK/PERSONAL DAYS 7
8. LEAVE 8
9. SPECIAL PAY PROVISIONS 9
10. CLOTHING ALLOWANCE 11
11. COMMISSIONED OFFICERS' INSURANCE 12
12. RETIRMENT INSURANCE 14
13. TRAVEL ALLOWANCE 16
14. COMMISSIONED OFFICER TELEPHONE REQUIRED 16
15. DUTIES OF FIREMEN 16
16. DEPARTMENTAL MEETINGS 17
17. SETTLEMENT OF GRIEVANCES 17
18. CHECK-OFF SYSTEM 20
19. ACCRUAL AND FORFEITURE OF SENIORITY 20
20. LAYOFFS 20
21. EDUCATION EXPENSE 21
22. RESIDENCY REQUIREMENT 21
23. GENERAL PROVISIONS 21
24. DISCIPLINE 23
25. HEALTH&WELLNESS 26
26. PROMOTIONAL TESTING 26
27. FIRE INSPECTION 28
28. SHIFT STAFFING 28
Appendix A- Salary Schedule 31
Appendix B -Indemnification 32
Appendix C -Ascertained Merit 33
Page 1 of 33
AGREEMENT#
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE
CITY OF CANTON FIRE FIGHTERS, LOCAL NO. 1897, I.A.F.F., A.F.F.I, AFL/CIO
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:
A. "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.
B. " 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.
C. "Employee" shall mean a full-time employee of the City's Fire Department who is a
member in good standing of Local No. 1897, International Association of Fire Fighters.
D. "Employer" shall mean the City of Canton and may be referred to as City.
E. "Fiscal year" shall mean the fiscal year of the City of Canton, May 1 through April 30.
F. "Hourly rate" shall mean the annual salary divided by 2080 hours.
G. "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.
H. "Fire Chief' shall mean the Chief of the Fire Department and/or the Director of Public
Safety, as set forth in the Municipal Code of the City of Canton.
I. "Union"shall mean the International Association of Fire Fighters, Local No. 1897.
Page 2 of 33
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
3.1 Hours of work
Employees covered by the terms of this agreement who work within the Fire Department
shall be assigned to a regular duty shift. The regular hours of duty shall be 24
consecutive hours on duty, starting at 7:00 a.m. and ending the following 7:00 a.m. The
on-duty tour of duty shall be immediately followed by 48 consecutive hours off-duty.
The employer agrees to comply with the Fair Labor Standards Act [FLSA] and further
agrees that all bargaining unit employees are eligible for FLSA overtime. For the
purpose of FLSA overtime, a work cycle or work period shall consist of 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.
Page 3 of 33
A commissioned officer may be placed on a 40 hour week by the Fire Chief, at his
discretion, if the need arises for temporary assignments such as training or continuing
education. The commissioned officer shall be granted 48 hours before and 48 hours after
the temporary assignment off duty and shall receive their normal weekly pay.
3.2 Kelly Days
Each Employee will be given five (5) Kelly Days per year. Four of these days shall be
scheduled One (1) per Employee per Quarter (May, June, July / August, September,
October / November, December, January / February, March, April). One day shall be
considered floating and may be used by the employee at any point during the year.
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) Employees with the required years of service shall be entitled to longevity
pay beginning on their anniversary date of employment according to the
longevity schedule in Appendix A attached hereto. The schedule of
longevity steps specified in Appendix A are subject to the notice of the
longevity step election by the Union by January 1St of each calendar year
provided that the first one year longevity Step A shall be after 20 years of
service but not after 25 years of service and that the one year Step B shall
be after 25 years of service. The Union shall provide notice of longevity
steps designated at "A" Step and "B" Step to the Chief by January 1st of
each year.
(3) Employees whose service time qualifies them for placement in Step A or
B shall be entitled to receive longevity salary in such longevity step for a
maximum cumulative, non-consecutive period of one (1) year (for any
time in Step A and/or B). For the avoidance of doubt, if an employee is
placed in the Step A longevity step for one year, he or she will not be
eligible for Step B. An Employee's service time and the timing of the
longevity step election may result in an Employee receiving both Step A
Page 4 of 33
and Step B longevity during the one year period. After such period the
employee shall revert back to the base salary schedule set forth above
(Appendix A) and shall be paid salary based on the step in the salary
schedule (Appendix A) corresponding to their service time. The parties
agree that the longevity step election by the Union will be in effect until
December 31st of the calendar year immediately following the January Pt
deadline and will only be effective upon the applicable employee
otherwise being eligible (e.g. after 20 years of service or 25 years of
service, as applicable).
(4) If the Union has not made a timely election (as required above), the
designated steps for the previous year shall continue in place. The Union
agrees to use its best efforts to notify the City Treasurer of (1) all
employees eligible for either longevity step and (2) the reasonably
anticipated next election by the Union that will take place during the
upcoming fiscal year prior to the adoption of the City's appropriations
ordinance or budget, as applicable, and in reasonably sufficient time for
the City to properly budget for same.
4.2 Pay Period.
The salaries and wages of employees shall be paid bi-weekly on every other Friday, or
the preceding Thursday if Friday falls on a holiday. Payroll to include hours worked
through the preceding Saturday.
5. VACATION
Each commissioned officer of the City shall accumulate 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
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 Pt day of
Page 5 of 33
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 may be 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), Martin Luther King Jr's Birthday (3rd Monday in 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),
Employee's Birthday.
6.2 Holiday Pay
Each commissioned officer shall receive and be paid holiday pay consisting of 5%of said
officer's base pay. Effective May 1, 2019, each commissioned officer shall receive and
be paid holiday pay consisting of 5.25% of said officer's base pay. Effective May 1,
2020, each commissioned officer shall receive and be paid holiday pay consisting of
5.50% 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.
Page 6 of 33
7. SICK/PERSONAL DAYS
7.1 Computation of Sick/Personal Days -Probationary.
Computation of sick/personal days for commissioned officers 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.
A. All other commissioned officers shall begin each fiscal year eligible for ten (10)
work days of which five (5) may be used as personal days when requested and
approved by the Fire Chief and five(5)may be used as sick days.
B. Commissioned officers shall be able to use sick/personal time in an hourly format.
Personal time used as a complete shift (24 hours) or half shift (12 hours) may be
placed on the vacation calendar prior to May 1St. Personal time a commissioned
officer wishes to use in an hourly format may only be placed on the vacation
calendar after May 1St
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 of a commissioned officer or an immediate family member. 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.
Page 7 of 33
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.
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 may be required. Any
expense incurred, in supplying these reports,will be born by the City.
Page 8 of 33
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 one (1) work shift of bereavement leave
when a death occurs in the commissioned officer's immediate family. (Immediate family
shall include: spouse, children, mother, father, brother, sister, mother-in-law, father-in-
law, 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.
8.5 Miscellaneous Leave Policies
The Fire Chief has the authority to approve other leaves-of-absence without pay. Such
leaves-of-absence shall be requested by the employee, approved by the Fire Chief, and
reported to the office of the Mayor. Other leaves-of-absence with pay shall be authorized
by the Mayor upon recommendation of the Fire Chief. Action by the Mayor may be
secured upon submission of an approved request from the Fire Chief. No commissioned
officer may be absent without 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.
Page 9 of 33
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.
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 twenty dollars
($20.00)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 forty dollars ($40.00) 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 on duty 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. In the event that no
firefighter on duty is on the promotional list, the most senior firefighter on duty shall do
the temporary additional duties. However, no commissioned officer with less than three
(3) years of service with the Canton Fire Department shall assume the duties of
Lieutenant.
When an Assistant Chief is assigned duties as Acting Fire Chief, he shall be paid
temporary additional duties pay of fifty dollars ($50.00) per day. This shall take place
anytime that the Fire Chief is outside of the residency requirements set forth in Section
22 for twenty-four(24) or more consecutive hours.
9.7 Compensatory Time Off
Compensatory time off may be given when a commissioned officer has agreed to work in
excess of the commissioned officer's regular shift for compensatory time. Compensatory
time off shall be calculated at the rate of one and one-half(1-'/2) times the hours actually
worked and may be accrued up to two hundred eighty-eight (288) hours. The
commissioned officer may use these hours under the same rules that govern personal
days. Should the commissioned officer not use his accrued hours by the end of the fiscal
year of accrual, and then the same shall be paid in lump sum to the commissioned officer
at the end of the fiscal year.
Page 10 of 33
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 eligible to serve 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.
10. CLOTHING ALLOWANCE
10.1 Annual Payment
All commissioned officers shall be paid an annual clothing allowance of $650.00 for
regulation Firemen's clothing asapproved 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 a non-probationary
commissioned officer, such commissioned officer shallreimburse the employer on
account of clothing allowance paid as follows: Such commissioned officer shall
Page 11 of 33
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 may be 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 in good and safe condition as determined by the Fire
Chief and City shall be responsible for necessary replacement.
10.7 Voluntary Employee Separation Reimbursement
In the event a commissioned officer voluntarily leaves employment with the City of
Canton during his probationary period, he shall be responsible to reimburse the City for
any personalized fire gear purchased for the employee by the city, tuition costs of the
firefighter academy and tuition costs of any other specialty training.
11. COMMISSIONED OFFICERS' INSURANCE
11.1 Payment
Effective upon execution of this Agreement, employees shall pay 23.5% of the applicable
healthcare premium including the cost of dental coverage, to be deducted from the
employee's monthly pay in two (2) equal payments from the first and second paychecks
of the month. The City shall pay the balance of all total insurance premiums including the
cost of dental coverage.
Effective May 1, 2022, employees will contribute 24.0% of the applicable healthcare
premium, including the cost of dental coverage, to be deducted from the employee's
monthly pay in two (2) equal payments from the first and second paychecks of the month.
The City shall pay the balance of all total insurance premiums including the cost of dental
coverage.
Effective May 1, 2023, employees will contribute 25.0% of the applicable healthcare
premium, including the cost of dental coverage, to be deducted from the employee's
monthly pay in two (2) equal payments from the first and second paychecks of the month.
The City shall pay the balance of all total insurance premiums including the cost of dental
coverage.
Page 12 of 33
"Applicable healthcare premium" means the healthcare premium, including the cost of
dental coverage, associated with the healthcare plan the employee is enrolled in through
the City(e.g. PPO or high-deductible healthcare plans).
Notwithstanding the foregoing, employees receiving longevity in Steps A or B as
provided in Article 4.1.B and Appendix A shall pay from their salary the following
additional amounts toward the cost of health insurance:
1) Step A- $583.33 per month
2) Step B- $625.00 per month
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.
a) Term Life Insurance and Accidental Death and Dismemberment Coverage
Term life insurance for a spouse and dependent over six (6) months of age and under the
age of eighteen (18), or if in college under the age of twenty-one (21), shall be
$10,000.00, and term life insurance for all commissioned officers shall be no less than
$20,000.00 per commissioned officer. Life insurance for active commissioned officers at
age sixty-five (65) decreases by 35% and at age seventy (70) decreases by 50%. A
commissioned officer does not have to be enrolled in the City's health or dental insurance
plan in order to have this coverage.
b) Health, Dental, Term Life Insurance, Accidental Death & Dismemberment
Insurance, and Temporary Disability Insurance Coverage.
Should a commissioned officer become temporarily disabled and qualify for temporary
disability payments, a commissioned officer shall pay the same percentage of the
premium as other active commissioned officers and shall continue to have health, dental
and term life insurance coverage.
Should a commissioned officer become permanently disabled and qualify for permanent
disability benefits, the commissioned officer shall pay the same percentage of the
premium as other active commissioned officers and shall continue to have health, dental
and term life insurance coverage. Upon attaining the age of sixty-five (65) years, or such
other age as Congress may subsequently determine, health insurance, dental insurance,
and life insurance coverage shall terminate and the retired, permanently disabled
commissioned officer shall make application to Medicare or its successor program. The
retired commissioned officer shall have the option of purchasing Medicare supplemental
insurance at his/her own expense through the City's group insurance carrier, if available.
Page 13 of 33
c) Short Term Disability Pay(Off-Duty Illness or Injury).
Disability pay shall be two-thirds (2/3) of the commissioned officer's normal check.
Terms of short-term disability are according to the City's Short Term Disability Policy.
Commissioned officer shall use his accumulated sick time before he/she becomes eligible
for short-term disability benefits pursuant to the City's short-term disability policy.
Commissioned officers have the option to keep or reserve no more than 30 days of sick
time while on short-term disability.
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.
11.4 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 of Non-Represented Employees
5. A Representative of Management
6. A Representative of City Council
7. A Representative of Canton Park District
8. A Representative of Parlin Ingersoll Library
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
Upon retirement of a commissioned officer, life insurance for spouse/dependents
terminates. Term life insurance for retired commissioned officers shall be $10,000.00;
Page 14 of 33
however, upon a retired commissioned officer attaining the age of sixty-five (65), life
insurance shall terminate.
The insurance coverage for retired commissioned officers shall consist of the overall
group plan of Hospital, Health, and Dental insurance coverage offered to employees of
the City. The insurance coverage may change through bargaining from time to time as it
changes for the entire group and the City reserves the right to change coverages or
premium co-pays through bargaining for the entire group without discrimination between
its employee participants and its retiree participants. Continuation for the retiree's spouse
will be in accordance with the terms and conditions of the policy provisions as they may
exist from time to time for the termination of the "retirement or disability period" and
continued coverage is conditioned upon the retiree's obligation to pay the monthly
premium directly to the municipality in accordance with the premium payments
determined by the City.Notice of continued coverage and election of continued coverage
shall be in accordance with 215 ILCS 5/367(f) as it exists or is amended from time to
time. A retired commissioned officer who is offered a health insurance benefit from
another employer shall notify the city and will be removed from health and dental
coverage.
12.2 Retired Commissioned Officers -Before May 1, 1993
For employees 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 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
employee shall have the option of purchasing Medicare supplement insurance at his
expense through the City's group insurance carrier, if available.
12.3 Retired Commissioned Officers—After May 1, 1993
Employees, who retire after May 1, 1993 and before May 1, 2019, regardless of age, shall
pay a premium equal to 3% of their pension. Employees who retire after May 1, 2019
shall pay the same premium paid by other active employees of the City for single and
dependent coverage. Payments shall be paid in twelve (12) equal monthly payments.
Premium payments shall be for the retiree, retirees' spouse, and dependent children.
Retired employees who become reemployed where insurance coverage is provided by the
new employer shall be excluded from this provision. Upon attaining his eligible age of
sixty-five (65) years for Medicare or such other age as Congress may subsequently
determine, this coverage shall terminate and the retired employee shall make application
to Medicare or to its successor program. The retired employee shall have the option of
Page 15 of 33
purchasing Medicare supplement insurance at his expense through the City's group
insurance carrier, if available.
12.4 Disabled Employee and Spouse and Dependents of Deceased Employee.
Except as provided under the Public Safety Employee Benefits Act, employees who are
hired after May 1, 2009, and are otherwise disabled as that term is defined under 40
ILCS5/4-112 shall be entitled only to the continuation of benefit coverage provided under
215 ILCS 5/367(f) as it exists or is amended from time to time. Employees hired after
May 1, 2009 and retiring after May 1, 2009 or who are disabled off-duty after May 1,
2009 shall be responsible for 75% of the premium payment for both single and family
coverage
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.
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.
Page 16 of 33
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.
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.
Page 17 of 33
17.5 Preliminary Oral Discussion
An attempt to resolve a grievance through oral discussion shall take place with the shift
commander and Fire Chief. All grievances must be presented no later than ten (10)
calendar days from the date the grievant knew or should have known of the occurrence-
giving rise to the grievance.
17.6 Grievance Steps
Grievances shall be referred to the Fire Chief, in writing, within ten (10) calendar days of
the date on which the commissioned officer knew or should have known of the event
giving rise to the grievance. The Fire Chief shall respond in writing to each such
grievance within seven (7) calendar 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 may be 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.
Any of the timelines provided for herein may be increased upon agreement between the
Union and the City.
All grievances and/or answers hereunder may be served by personal service, hand
delivery, or bye-mail upon the (i) Fire Chief; (ii) Chairperson of the Committee on
Grievance, Negotiation, and Personnel; (iii) Mayor; (iv) or Union President, as
applicable. In all events, a courtesy copy of any grievances submitted to the (i) Fire
Chief; (ii) Chairperson of the Committee on Grievance, Negotiation, and Personnel; or
(iii) Mayor, shall also be sent via e-mail to the City Attorney at his or her e-mail address
as listed on the City's website or otherwise as may be provided to the Union President
from time-to-time. Failure to serve the courtesy copy upon the City Attorney shall not be
deemed to be a failure to comply with the time requirements set forth in this Section.
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.
Page 18 of 33
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.
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).
Page 19 of 33
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.
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 may be laid off by applicable statutes without reflection on the
commissioned officer's standing for lack of work or funds. At least two (2) weeks notice
of the effective date of a layoff shall be given each commissioned officer affected
thereby.
20.2 Order to be Followed When Laying Off
Commissioned officers shall be laid off in conformity with the Illinois Fire and Police
Commission Act (65 ILCS 5/10-2.1-1). Layoffs to accomplish a reduction in the
Page 20 of 33
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.
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, and shall not be unreasonably denied. The City shall pay any
fees associated with, but not limited to, certifications, re-certifications, licenses and/or
license renewal. The above reimbursement would be contingent upon the successful
completion of such course.
22. RESIDENCY REQUIREMENT
Within 90 days after the expiration of an employee's probationary period, an employee
shall either reside within the city limits of the City of Canton or reside no more than
twenty-five (25) minutes from the Fire Station located at 101 East Spruce Street. The
twenty-five (25) minute radius shall be determined by using three (3) mapping services,
including Google Maps ®, Yahoo! Maps ®, and MapQuest ®, including any successors
or mergers of these three (3) companies. As long as one (1) of the three (3) mapping
services has the location within twenty-five (25) minutes, the location will qualify under
this Section.
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,
Page 21 of 33
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.
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.
Page 22 of 33
23.9 Termination
This agreement shall be effective as of the First (1St) day of May 2021, and shall remain
in full force and affect through the 30th day of April 2024. 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, 2021.
•
24. DISCIPLINE
24.1 Disciplinary Actions
Disciplinary actions instituted by the Employer shall be for just cause.
The Employer agrees with the tenets of progressive and corrective discipline, whereby
discipline shall be designed to improve behavior and not merely to punish. Where the
Employer believes just cause exists to institute disciplinary action it shall have the option
to access any of the following penalties, as it deems appropriate and based upon the
circumstances:
1. Oral Reprimand
2. Written Reprimand
3. Suspension
4. Discharge
The Employee may file a written reply to any reprimand. Except for oral reprimands, a
grievance may be filed as to disciplinary actions instituted against an employee. Disputes
as to such actions shall proceed in accordance with the procedure set forth in Article 17
of this Agreement except that disciplinary grievances involving written reprimands may
be processed through the grievance procedure through and including Step 3, but shall not
be subject to arbitration. However, if the Employer seeks to use a written reprimand for
the imposition of more severe discipline, and the written reprimand was originally
Page 23 of 33
grieved through and including Step 3, the merits of the written reprimand may be raised
by the employee in arbitration.
24.2 Notice and Investigation
A copy of all disciplinary notices shall be provided to the Union.
The imposition of discipline will be performed in a reasonable and timely manner and
where possible shall be done in private in order to prevent the employee from being
unduly embarrassed.
24.3 Discipline by the Fire Chief
If the discipline is within the authority of the Fire Chief(suspensions of not more than
five(5) consecutive calendar days),the following steps will apply:
1. The Fire Chief shall serve a written notice of the charges and punishment
upon the employee involved and submit a copy to the Union.
2. Upon receipt of the notice, the employee may elect to appeal the
disciplinary action (excluding oral reprimands) either to the Board of Fire
and Police Commissioners of the City or, subject to approval of the Union,
through the grievance/arbitration procedure of this Agreement. Selection
by the employee of one process shall constitute a waiver of the other. The
election of whether to appeal the discipline to the Board of Fire and Police
Commissioners or through the grievance/arbitration procedure shall be
done within ten (10) calendar days from service of the Chiefs notice in
paragraph one above.
A. Board of Fire and Police Commissioners
If the employee notifies the Fire Chief in writing of a desire to have the charges heard
before the Board of Fire and Police Commissioners, the Fire Chief shall within ten (10)
calendar days so notify the Secretary of the Board of Fire and Police Commissioners.The
time period may be extended by mutual agreement of both parties.
B. Grievance/Arbitration Option
The Union may file a grievance on disciplinary action (excluding oral reprimands)
against an employee. The grievance shall be filed within the timeline specified in Step 1
of the grievance procedure in Article 17 of this Agreement.
If the Union decides not to file a grievance the employee may appeal the discipline to the
Board of Fire and Police Commissioners and shall have no other option to use the
grievance/arbitration procedure for that discipline.
Page 24 of 33
If the Union decides to file a grievance, the Union may submit it to arbitration in
accordance with Article 17 of this Agreement, except for written reprimands as
previously stated. If the discipline is sustained by an arbitrator's decision, neither the
Union nor the employee shall have any further right to contest such charges and penalty
before the Board of Fire and Police Commissioners.
24.4 Suspensions Over Five (5) Days and Discharge
If the Discipline proposed is beyond the authority of the Fire chief and within the
authority of the Board of Fire and Police Commissioners,the following steps apply:
1. The City shall serve written notice of the charges and proposed punishment upon
the employee involved and also submit a copy to the Union.
2. Upon receipt of the notice the employee may elect to have the proposed
disciplinary action heard by either, The Board of Fire and Police Commissioners
or, subject to the approval of the Union,through the grievance/arbitration
procedure of this Agreement. Selection by the employee of one process shall
constitute a waiver of the other. The election of whether to appeal the discipline to
the Board of Fire and Police Commissioners or through the grievance/arbitration
procedure shall be made within ten (10)calendar days from service of the notice
in paragraph one above.
A. Board of Fire and Police Commissioners Option
If the employee notifies the Fire Chief in writing of a desire to have the
charges heard before the Board of Fire and Police Commissioners,the Fire
Chief shall, within ten (10) calendar days, so notify the Secretary of the
Board of Fire and Police Commissioners. The Fire Chief may proceed
with the proposed disciplinary action and the employee may contest the
charges before the Board of Fire and Police commissioners subject to the
employee's right to appeal the hearing described therein. The City shall
not file any formal charges with the Board of Fire and Police
Commissioners before the employee has had an opportunity to exercise
his/her election of remedies within ten (10) calendar days. The timeline
may be extended by mutual agreement of both parties.
B. Grievance/Arbitration Option
The Union may file a grievance to a proposed disciplinary action against
an employee. The grievance shall be filed within the timeline specified in
Step 1 of the grievance procedure in Article 17 of this Agreement.
If the Union decides not to file a grievance, or the Fire Chief fails to
receive election of the Union to do so within ten (10) day period, provided
for above, the Fire Chief may proceed with the charges in a hearing before
the Board of Fire and Police Commissioners.
Page 25 of 33
If the Union decides to file a grievance,the grievance shall be arbitrated in
the same as provided in Article 17 of this Agreement. Pending arbitration
of the grievance, the Fire Chief immediately implement the penalty and
neither the Union nor the employee shall have any further rights to contest
such charges and penalty before the Board of Fire and Police
Commissioners.
25. HEALTH&WELLNESS
25.1 The City of Canton and Fire Fighters Local 1897 agree to maintain the terms of the
current Fire Service Joint Labor Management Wellness/Fitness Initiative in accordance
with any standard operating procedures or order of the City currently in place.
25.2 Both parties acknowledge that the City of Canton has adopted a Drug and Alcohol policy,
and said policy continues in effect for the term of this contract. Upon any mutually
agreed amendments thereto,the employees shall sign an acknowledgment of receipt upon
the City providing copies to the employees. It is further understood that a medications
notification policy will be implemented within the Canton Fire Department.
25.3 In the event the City desires to modify its current standard operating procedures or orders
of the City in relation to the Wellness/Fitness Initiative or to modify its drug and alcohol
policy, then the City may request that the Union reopen this limited portion of the
contract to do so. The Union may agree to this limited reopener, but has no obligation to
do so or to agree to the reopener nor to any proposed change.
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 16%/ 16 points
Ascertained Merit 24%/24 points
Subjective Merit 15%/ 15 points
Written Examination 45%/45 points
Veterans Preference 5 additional points (not weighted)
2. Seniority is to be determined as of the date the written examination is given and
will be calculated as follows: 1) 1/2 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 eight (8) points;
and, 2) 1/2 point per year for each full year served in the candidates current rank up to a
maximum of eight(8)points.
3. Candidates for promotion shall be awarded points for ascertained merit based
upon the schedule attached as Appendix C hereto. A candidate must submit his or her
Page 26 of 33
claim for ascertained merit, with proof thereof, to the board three (3) weeks prior to the
date set for the written examination.
4. The subjective evaluation shall be an oral interview or an assessment center and
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 subjective evaluation 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. The Department shall provide one copy of all reading
material assigned for the written test.
7. A Candidate's total score shall consist of the combined point totals awarded for
seniority, ascertained merit, subjective evaluation, 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 60
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.
9. The promotional process shall be in accordance with the Fire Department
Promotion Act(50 ILCS 742)unless specifically modified herein.
10. The Fire and Police Commission shall notify the Local a minimum of 90 days
before the beginning of any promotional testing process.
Page 27 of 33
11. The Local shall appoint two observers for any promotional testing process. These
observers will be present during all parts of the testing process including but not limited
to: subjective evaluation, written examination, and Fire and Police Commission Meetings
pertaining to an active testing process. The City may also appoint two observers for the
promotional testing process.
27. FIRE INSPECTION
Fire inspection work shall be assigned to bargaining unit employees in accordance with
the following conditions:
1. Such work shall be assigned for members of the bargaining unit provided that this
shall not limit the Fire Chief from supervising and participating in inspections
being preformed by bargaining unit members or performing building plan
reviews.
2. Such work shall be assigned to employees on shift as well as off-duty.
Off-duty work shall be assigned as follows:
A. Work may include Fire Inspections and or Fire Prevention activities.
B. Bargaining unit shall be qualified and assigned to a rotating list in the
same manner as the Overtime list. ("Qualified" employees are those who
are certified as Fire Officer I and Provisional Fire Officer I, Fire
Prevention Officer I or higher, and/or Fire Inspector I or higher.
C. The City guarantees a minimum of 60 hour of said work per calendar year
quarter.
D. The 7(g)rate of pay shall be$12.00 per hour.
E. Employees performing any 7(g) work shall not engage in fire suppression
activities.
F. Off-duty employees called back or reassigned to fire suppression work
shall be paid for such work as regular overtime as per sections 1.7 and 9.1
of this agreement.
G. The Union shall agree to "indemnify" the City for 7(g) work based upon
the language in appendix B.
28. SHIFT STAFFING
The City and the Union jointly recognize the importance of staffing duty shifts with
firefighters that are qualified and hired in accordance with the high standards established
under Illinois law (65 ILCS 5/10-2.1-4) (65 ILCS 5/10-1-14, 70 ILCS 705/16.06(a)).
Therefore, in accordance with the duties and authority vested in them under such law, the
parties agree to the following:
1. The City currently assigns a non-mandatory level of five (5)
commissioned officers per shift;
Page 28 of 33
2. Commissioned officers are provided no more than one(1) slot on each
shift to cover vacations, and other contractually scheduled time off;
3. No non-commissioned officers may be substituted for a commissioned
officer who is off duty due to contractually scheduled time off without
express written agreement of the Union.
4. The City shall maintain a level of four(4) commissioned officers on duty
at all times.
5. In the event that the City can demonstrate a Bona-fide financial hardship,
the City shall have the right to demand to bargain with the Union over
modifying the minimum officers on duty requirement. In the event that
the City and Union cannot agree while bargaining, either party may invoke
binding arbitration by giving written notice to the other party.
In accordance with 65 ILCS 5/10-2.1-4, 65 ILCS 5/10-1-14, 70 ILCS 705/16.06 (a) the
City shall not use any person who has not qualified for regular appointment under Section
2-1-4/10-1-14/16.06 (a) as a temporary or substitute for a commissioned officer. The use
of a temporary or substitute employee shall only be used when filling a vacancy of 30
days or more. Said temporary or substitute employee shall also have at least a FFII
certification from the Office of the State Fire Marshal of the State of Illinois as well as
being at least an EMT B/D in accordance with the Peoria Area EMS Office.
Page 29 of 33
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-I day of February, 2022.
For the City of Canton, IWnois
MAti 6_,esp
Mayor o he City of Canton, IL
ro FP
ATTEST: 1 d—.i
City Clerk .
For the Union:
, Its President
f ..geti gleele
0, /
Al
„✓ -( /A , Its Vice President
Its Secretary
Page 30 of 33
.
.
Appendix A-Salary Schedule
--___'__---_'_-__--_-_-- �_---_ -_-___ '___-__-_-____---_--_-----__---_-_----_
! APPENDIX A
-_--- __- '-_ . -- _--- _-
SALARYQ�D��0�E
, -- -- - .- -- -- --- '- - --'-- ' - - — -r-- �
| ' -_ - - - � •
-.� '-' r - _ _ - -- -_-|- - '-
/ |
| St��---- Yeats of Service I810oct�e: _-- ! Effective: � Effective: .
/ �a�wTu,]O%1 May 1,.2022, B�u�8,20%3
| ^ ' ' ' - ! ' ' - '
- ��
'---- ' - - ------'---- - - - - — --' ---- '- '
IA. Firefighter Base Salm"
T�
_ . �[. /annual /annual - ---
$56,392'/aounu
II. 2nd Year $56,512 /annual7uuonu $59,663 �ouu�l '
_ -' --- _ _- --- -- _ `- -_'
:III. Starting 3rd Year $59,&14 /annual ` $61,490 /annual $63,181 Annual
:IV. � �Oua�oe�bl��� ' $66,177 /annual_+ _ /annual_ �_. _�60�07 1/annual
Starting 5th Year : $66,805 .&�oou ^ /annual __ 370530 �
�I �b�um. � /annual :/annual • ;
_ - --- -_--�~-____- - ` --___ --` '- _ - `
��l.' 10th Annual /annual . �uoo�
— --- ---- ---- -- --'- r |'
VIII. 15thl�ur /annual $74,723 Annual Annual
__� ' -_ -'- _ -- -- _' - , '---- - � _- --_'�_ �
,D� 20th Year � $76,262 /annual �
'J[ _�0mz��2��.��o _/�onza ___ $80,659 ,/�unal . $82
�L 30th Year � �8O�84 ��0000 � $83 006 Annual '
- -_ _ _ _ -__- -__' - _- -- - ' .� _/'-- -�
- - -'-- - - - - '-. - ' - � _' - — �- _ �
^ - - - .
fl Lieutenant Base Salar' ' . ___
;L ,Base � $74,340 ./annual $76,384 l_uuou 078
,48j
"annual
!IL :Starting 15thY�xr / 37�O3� /annual �78 l24 /annual � �
. ' - - `
.
iDI /annual $81,159_/annual ' $83,391 ,/annual
. � '
l
6
448
IV. 8tarduA%5th Year $81,883 /annual . + ` |
V. Startinp,30��a�. $84 168 Annual . $88&hl /annual� -__' ----_--, _-__- _.. -__- --_ - - -_--'� � �--_ �-- - -
| . _- ___ _ - _ _ �. _ -__
C. Assistant Sal my -_- - '-_ . : _ -- | - �
'lBuo� $77,622 /annual - $79,757 '/annual � $81,950 �000�
. - ' '
[L � cur
.l� � S79,510moaulO .� $81,697 /annual •� $83,943 ;/annual
!,,III. /annual ,/annual � $87,038 /&uouU
Starting�-- - _ -'� - _-_-� ' -_-��'- _ _- _ _ -- .
'D[ _ 25th Year .�_ __�85l60_/��no �87�O8 /muzou $89 915 Annual
'\[ )�� G87��O /annual �Q9��5 .�uuou �g2320 :6unu�
�� ------����-���-' - ' --��� � - --- - �� - `
i � � - - __- -
Il , ` �^~ ,
'�L* 'Step A .20ye�aoudov�but not ov�25y�ror $7�[m/� '-
u-u- �
`
D.� � pB -5 years and $7,500.00 /annual
- + ,
--_---
:---- _ _-__ -_ --_'� �-' _ -_-_ - _ _ � .. _�
]I $l2�0 �8�our ' ' /
�-_ `s/^..� - _ � -' - -_- . _ - _ _-_ - - �- _-' ,
__'__ -� _� _-' -_� - - _ - - ' _--. _.. __- - '� -' _ _ '--' -
1 6z�c�4.lBuytb� '
_-' ---
*It is understood by the parties with respect to Article 4.1.B and 11.1 of this Agreement that the additional health ' .
' care premium is payable by the employee to the City's heath care fund whether or not they are enrolled in the '
' Cd�tgcoopcovem�uurnot '
- - - - — --- - ---- '-- -- '-
Page 31 of 33
Appendix B -Indemnification
In consideration of the Employer's agreement to allow employees to establish time due
compensatory time banks and to schedule time due in accordance with the terms and conditions
of this section,the Union agrees to the following:
1. Subject to the parties' agreements and adoption of the alternative procedure
described in paragraph (2.), The Union and its bargaining unit members agree to
defend, indemnify, save and hold harmless the City, its officers, agents and
employees, from any and all damages, costs, expenses and penalties arising from
any complaint or allegation that these restrictions on the use of Compensatory
Time do not comply with Section 7 (o)(5) of the Fair Labor Standards Act
regarding the use of compensatory time.
2. Any and all disputes that may arise between the parties as to the administration of
this section shall be resolved through the grievance arbitration procedure,
ARTICLE 27 of this agreement, except that such grievance shall be filed at Step
3. The parties' agreement to utilize the grievance procedure to resolve any
disputes arising under this section is based upon the authority vested in them
under §§8 and 15 (b) of the Act, 5 ILCS §§315/8, 315/15(b). Such agreement is
also made in reliance upon the Supreme Court's decision in 14 Penn Plaza LLC v.
Pyett, 129 S. Ct. 1456, 186 LRRM 2065 (2009), that such disputes shall include
claims or allegations that any restrictions on the use of time due available to
employees from their compensatory time banks as established under this section
do not comply with §7(o) (5) of the FLSA, 29 USCA §207. In the event that any
such grievance is advanced to arbitration, the parties further stipulate and agree
that the arbitrator's remedial authority shall be limited to making the grievant(s)
whole by granting, consistent with applicable § 7 (o) standards of the FLSA, the
cash value of any time due in dispute based on the then applicable overtime rate
or awarding additional compensatory time off and shall have no authority to
award any attorneys fees or any penalties against the parties.
Page 32 of 33
Appendix C-Ascertained Merit
Firefighter III/Advanced Technician Firefighter 2 Points
Certified Fire Officer I/Company Fire Officer(Lieutenant Only) 3 Points
(Including Provisional)
Certified Fire Officer II/Advanced Fire Officer 3 Points
(Including Provisional)
Certified Fire Officer III 3 Points
(Including Provisional)
Fire Science Classes* .08 Points/3 Sem.Hours
Associates Degree 2 Points
Fire Science Technology 4 Points
Bachelors Degree 4 Points
Fire Service Administration 8 Points
Public Administration 8 Points
Masters Degree 8 Points
Fire Service Administration 12 Points
Public Administration 12 Points
Miscellaneous Certifications 1 Point Each(Max. 7)
Office of the State Fire Marshall
National Fire Academy
*Note: Fire Science Classes are not cumulative with Associates Degree Points.
THE MAXIMUM NUMBER OF ASCERTAINED MERIT POINTS
AWARDED SHALL NOT EXCEED 24 IN TOTAL
Page 33 of 33
EXHIBIT B
SIDE LETTER OF AGREEMENT
This Side Letter of Agreement ("SLA") between the City of Canton, an Illinois municipal
corporation (the "City") and the Canton Fire Fighters, Local 1897, I.A.F.F., A.F.F.I, AFL/CIO (the
"Union") is intended to serve as a confirmation of the City and the Union's additional agreements,
subject to the Union having ratified a Collective Bargaining Agreement, consistent with the City's
proposals and the Parties'tentative agreements,prior to 11:59 p.m.on Monday,February 7,2022.The
Union and the City may collectively be referred to hereinafter as the"Parties."
WHEREAS,the City and the Union are parties to a Collective Bargaining Agreement, dated
May 1,2021 through April 30,2024(the"CBA");
WHEREAS,as part of the negotiations for the above-described CBA,the City offered to pay
certain "COVID Premium Pay," as described below, in the event that the Union ratified a CBA,
consistent with the City's proposals and the Parties' tentative agreements, prior to 11:59 p.m. on
Monday,February 7,2022;
WHEREAS,the Union ratified the CBA,consistent with the City's proposals and the Parties'
tentative agreements,prior to 11:59 p.m. on February 7, 2022.
NOW, THEREFORE, in consideration of the foregoing, the City and Union agree to the
following:
A. All eligible workers (defined in Section B below) that are also Employees under the
CBA, as of May 1, 2022,who also worked at least 15.3846 hours during the COVID-19 public health
emergency, shall be paid an amount of Two Hundred and No/100 ($200.00) (hereinafter "COVID
Premium Pay"). The COVID Premium Pay will be paid in a lump sum on the first paycheck in May
2022 or by a separate check at the time of the first paycheck in May 2022. The COVID Premium Pay
shall be in addition to wages or remuneration of the employee and shall be separate from and not
utilized for the computation of any wages, overtime, sick/personal leave, holiday pay, vacation pay,
compensatory time, or any other compensation paid by the City to the employee.
B. An "eligible worker" for purposes of this SLA shall mean those workers needed to
maintain continuity of operations of essential critical infrastructure sectors and additional sectors
as each chief executive officer of a metropolitan city,nonentitlement unit of local government, or
county may designate as critical to protect the health and well-being of the residents of their
metropolitan city, nonentitlement unit of local government, or county. By executing below, the
Mayor of the City of Canton is designating employees subject to the CBA as"eligible workers."
C. The Union and the City agree that the COVID Premium Pay is being paid to respond
to workers performing essential work during the COVID-19 public health emergency by providing
premium pay to eligible workers of the City of Canton that are performing such essential work.
D. The parties agree that this SLA is intended to be compliant with the American Rescue
Plan of 2021 (Public Law No. 117-2, 117th Congress) and any regulations promulgated in relation
thereto(collectively"ARPA").To the extent any provisions of this SLA are found to be non-compliant
with ARPA,then the City and the Union agree to meet to attempt to remedy any issues to accomplish
the foregoing. However, in no event shall the City be required to pay more than $200.00 per eligible
worker that is also an Employee nor be required to pay any of the COVID Premium Pay from any
source other than funds provided to the City,as a non-entitlement unit,pursuant to ARPA.
E.The City and Union agree that this SLA is intended to be a non-recurring,one-time payment
from the ARPA funds received by the City of Canton, and this SLA shall expire in its entirety upon
the City's payments in May 2022. The City and Union further agree that the COVID Premium Pay is
not "salary for pension purposes" under 50 Ill. Adm. Code 4402.35 and it shall not be used in
determining an employee's pension. Nothing in this provision precludes the City from agreeing to
award additional COVID Premium Pay in the future, but in no way is the City required to do so.
Dated this 2-/ day of February,2022. -
FOR THE ON- F• ' TIT CITY:
Pkk'ki
J ob Leake,It President K- t Mc D• ell,Its Mayor
Atte
P,
nion Representative Diana Pavley-Rock, City Clerk