HomeMy WebLinkAboutResolution #3975 - agreement with canton firefighters RESOLUTION NO 3975
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON
AND CANTON FIRE FIGHTERS, LOCAL 1897, I.A.F.F., A.F.F.I., AFL/CIO AND
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS
WHEREAS, the City of Canton entered into negotiations with the Canton Fire Fighters, Local
1897 relative to the establishment of wages, benefits and other conditions of employment; and
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the
proposed agreement, a copy of which is attached hereto and incorporated herein, as Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is necessary and
in the best interest of the City to approve said agreement.
NOW THEREFORE, be it resolved by the City Council of the City of Canton, Fulton County,
Illinois, as follows:
l. That the agreement between the City of Canton and Canton Fire Fighters Local 1897, a
copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved,
said agreement to be subject to and effective pursuant to the terms and conditions set forth
therein.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and directed to
execute and deliver said agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor
thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting
this 3rd day of January 2012, upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APROV D•
evin R. Meade, May
~
Diana Tucker, City Clerk
CONTRACT
Between
THE CITY OF CANTON, ILLINOIS
And
CANTON FIRE FIGHTERS, LOCAL
1897
I.A.F.F., A.F.F.I., AFL/CIO
May l, 2011
Through
April 30, 2014
4
TABLE OF CONTENTS
ARTICLE PAGE (S)
1. Purpose and Definition of Terms 2
2. Recognition 3
3. Hours of Work 3-4
4. Wages 4-5
5. Vacation 5
6. Holidays 6
7. Sick/Personal Days 6-8
8. Leave 8-9
9. Special Pay Provisions 9-10
10. Clothing Allowance 11
11. Commissioned Officers' Insurance 12-13
12. Retirement Insurance 13-14
13. Travel Allowance 14
14. Commissioned Officer Telephone Required 15
15. Duties of Firemen 15
16. Departmental Meetings 15
17. Settlement of Grievances 16-18
18. Check-Off System 18
19. Accrual and Forfeiture of Seniority 19
20. Layoffs 19
' 21. Education Expense 20
22. Residency Requirement 20
23. General Provisions 20-21
24. Discipline 22-24
25. Health and Wellness 25
26. Promotional Testing 25-26
27. Firefighter/ Inspector Position 26-29
28. Shift staffing 29
Signature page 30
Appendix A 31
1
AGREEMENT # 2002
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
THE CITY OF CANTON FIRE DEPARTMENT, LOCAL NO. 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS.
WITNESSETH
l. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of harmonious relations between the
City of Canton and Local No. 1897; the establishment of an equitable and peaceful
procedure for the resolution of difference; and, the establishment of rates of pay, hours of
work, and other conditions of employment.
1.1 DEFINITION OF TERMS.
For the purpose of clarification, various terms used in this contract are defined as follows:
1.2 "Commissioned Officer" shall mean an employee of the City's Fire Department who is
appointed to the department by City's Fire and Police Commission and who is subject to
the said Cominission's disciplinary action.
1.3 " Civilian Employee" shall mean an employee of the City's Fire Department who is not
appointed to the department by the City's Fire and Police Commission and who is not
subject to said Commission's disciplinary action.
1.4 "Employee" shall mean 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.
1.5 "Employer" shall mean the City of Canton and may be referred to as City.
1.6 "Fiscal year" shall mean the fiscal year of the City of Canton, May 1 through April 30.
1.7 "Hourly rate" shall mean the annual salary divided by 2080 hours.
1.8 "Probationary employee" shall mean any newly hired or rehired full-time employee of
the Fire Department who has been hired or rehired for less than twelve (12) consecutive
calendar months.
1.9 "Union" shall mean the International Association of Fire Fighters, Local No. 1897.
2
2. RECOGNITION
2.1 Bargaining Agent.
The employer recognizes the International Association of Fire Fighters as the sole and
exclusive bargaining agent for the purpose of establishing salaries, wages, hours and
other conditions of employment for employees of the Fire Department, exclusive of Paid
on Call or Temporary firefighters, for the purpose of collective bargaining, and agrees to
bargain in good faith on all these matters.
2.2 Probation Period.
The employment of any employee of the Fire Department shall be followed by a twelve
(12) month probationary period. Such probationary period shall be considered a period
of test or trial for the commissioned officer's work and the employer, during which time,
such commissioned officer may be discharged by the employer without cause. Nothing
herein shall be construed, as to commissioned officers, to be other than in conformity
with the Illinois Fire and Police Coinmission 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, staring at 7:00 a.m. and ending the following 7:00 a.m. The
on-duty tour of duty shall be immediately followed by 48 consecutive hours off-duty.
The employer agrees to comply with the Fair Labor Standards Act [FLSA] and further
agrees that all bargaining unit employees are eligible for FLSA overtime. For the
purpose of FLSA overtime, a work cycle or work period shall consist of 28 calendar
days.
With respect to this Division 3, the employer reserves to itself the exclusive right to set
regular hours of duty, overtime, work shifts, work weeks, shift designations and all
matters ancillary or relating thereto as the employer's operational need or public safety
may deem to require. Nevertheless, the employer will use its best efforts to adhere to the
regular hours of duty outlined in this Division 3, and to the regular duty shift assignment
made to each employee. Should the regular hours of duty or a shift assignment be
changed, affected employees will first be given 21 days notice without interrupting their
current FLSA cycle.
3
3.2 Kelly Days
Each Employee will be given four (4) Kelly Days per year. These days shall be scheduled
One (1) per Employee per Quarter (May, June, July / August, September, October /
November, December, January / February, March, April).
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) Elnployees witli the required years of service shall be entitled to
longevity pay begi~~~ning 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 readjustment by the
Union by January 1" 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 but not
after 30 years of service. The Union shall provide notice of the longevity
steps designated at "A" Step and "B" Step to the Chief by January 1 S` 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 period of one (1) year. 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.
4
4.2 Pay Period.
The salaries and wages of employees shall be paid bi-weekly on every Friday, or the
preceding Thursday if Friday falls on a holiday, all as determined by the City at its sole
discretion. 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 workin~ 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 Chie£ Vacation schedules shall be made available by the ls` day of
April, with preference given to the commissioned officers with seniority until the lst day
of May. On May ls', scheduling will be on a first come first served basis.
5.1 Accuinulation 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.
5
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. Day, President's Day (3'~d Monday in February),
Good Friday, Memorial Day (last Monday in May), Independence Day (4 July), Labor
Day (lst Monday in Sept.), Veterans' Day (11 November), Thanksgiving Day (4`~'
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 4.5%, and
effective May 1, 2013, 5% of said officer's base pay. This holiday pay shall be paid in
one lump sum on the first pay in November. Holiday pay will be paid prorata for those
holidays that the employee is eligible for. An employee must work the shift immediately
preceding and immediately following the holiday in order to be eligible for holiday pay
unless excused by the Chief.
6.3 Holiday Falling on Vacation
If a holiday occurs during a vacation, commissioned officer will receive an extra day's
vacation.
7. SICK/PERSONAL DAYS
7.1 Computation of Sick/Personal Days - Probationary.
Computation of sick/personal days for employees shall be computed with reference to the
fiscal year of the City. After sixty (60) days of service, a commissioned officer shall earn
one-half (1/2) day of personal leave to a maximum of five (5) personal days and one-half
(1/2) day of sick leave for each month worked during the current fiscal year. Personal
days may only be used when requested and approved by the Fire Chief.
7.2 Computation of Sick/Personal Days - Others.
All other commissioned officers shall begin each fiscal year eligible for ten (10)
work days of which five (5) may be used as personal days when requested and
approved by the Fire Chief and five (5) may be used as sick days.
6
7.3 Illness of Commissioned Officer or Immediate Family Member
Use of sick leave shall only be used for off duty injury, illness, or exposure to contagious
disease. Commissioned officers shall be governed by the following requirements in order
to be eligible for pay during such sick leave. Immediate family members shall consist of
spouse, children, and stepchildren in the employee's household. Employee
Commissioned officers must:
a) Report promptly in ascending orders the reason for absence to the on-duty shift
commander or Fire Chief.
b) Keep the Fire Chief informed of commissioned officer's condition if the absence is
more than three (3) consecutive day's duration.
7.4 Pay in Lieu of Personal Days
Should a commissioned officer not use all or any of the five (5) personal days the
commissioned officer will not be paid in lieu of the remaining days.
7.5 Accrual of Personal Days
Personal days shall not survive beyond the fiscal year of accrual. Personal days
remaining at the conclusion of the fiscal year of accrual shall be forfeited without carry
over. ~
7.6 Accrual of Sick Days
Should any or all of the five (5) sick days not be used by the coininissioned officer during
the fiscal year, all unused days shall be accrued. Coinmissioned 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
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 sliall 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 Cllief, on fonns prescribed as may be required. Any
expense incurred, in supplying these reports, will be born by the City.
8.3 Military Leave
Commissioned officers shall be granted such leave in accordance with the provisions of
65 ILCS Section 5/10-2.1-23 and Section 5/10 2.1-24.
8.4 Bereavement
Each commissioned officer shall be granted on (1) work shift of bereavement leave when
a death occurs in the commissioned officer's immediate family. (Immediate family shall
include: spouse, children, mother, father, brother, sister, mother-in-law, father-in-law,
stepbrothers, stepsisters, stepchildren, brother-in-law, sister-in-law, and grandparents).
An additional one (1) work shift may be granted when reasonable justification is
provided to the Fire Chief. Bereavement leave shall be with pay for any regular
scheduled workdays.
8
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 einployee, 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 perforined by a commissioned officer, which
continues beyond the commissioned officer"s regular work shift, shall be paid in
conformity with the Fair Labor Standards Act (FLSA).
9.2 Emergency Call-In
Commissioned officers, when called in for emergency duty shall be paid at time and one-
half for actual hours worked with a minimum of four (4) hours.
9.3 Non Emergency Call-In
Commissioned officers, when called in for non-emergency duty shall be paid at time and
one-half for actual hours worked with a minimum of two (2) hours.
9.4 Shift Coverage
Commissioned officers, when called in to provide shift coverage outside of their regular
shift shall be paid at the rate of time and one-half for all such hours worked.
9.5 Vacation Call-in
Commissioned officers called in while on vacation shall be paid at the rate of double time
for all hours worked with a minimum of four (4) hours.
9
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. In the
event that no Fire Fighter on duty is on the promotional list, the most senior Fire Fighter
of that shift shall do the temporary additional duties. Assignments shall be made to
provide proper management coverage.
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.
9.8 Overtime Rotation
Overtime work shall be rotated among all commissioned officers within the Department
so far as is practical. An overtime list shall be posted and maintained up to date by the
Fire Chief in each fire house. In the event no commissioned officer will take said
overtime, any commissioned officer can be forced in to fill the vacancy. This shall be
done by going to the least senior commissioned officer in the rank to be filled first.
9.9 Shift Commander
There shall, at all times, be a shift commander on duty who holds the rank of Assistant
Fire Chief or Lieutenant.
9.10 Training
Any commissioned officer directed to attend a training school shall be paid for the time
incident thereto in accordance with the Fair Labor Standards Act.
10
10 CLOTHING ALLOWANCE
10.1 Annual Payment
All commissioned officers shall be paid an annual clothing allowance of $600.00
effective May 1, 2005, for regulation Firemen's clothing as approved by the City
Council. The payment of this amount shall be made on the first payday in May.
10.2 Probationary Payment
A probationary employee sha11 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 colnrnissioned 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 cammissioned 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 tennination bears to the full
twelve (12) month probationary period.
10.4 Non- Probationary Employee-Reimbursement-Termination
In the event of the tennination for any reason, except retirement, of a non-probationary
commissioned officer, such commissioned officer shall reimburse the employer on
account of clothing allowance paid as follows: Such commissioned officer shall
reimburse the employer clothing allowance paid in the current fiscal year in that
percentage amount which the remainder of such fiscal year existin~ 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
11
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.
11 COMMISSIONED OFFICERS' INSURANCE
11.1 Payment
The employee shall pay 3% of said employee's base pay (excluding holiday pay,
longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The
employer shall pay the balance of the entire total premium including the cost of dental
coverage.
Effective May 1, 2009, the employee shall pay 20% of the applicable healthcare premium
including the cost of dental coverage, to be deducted from pay in 52 weekly equal
payments. The employer shall pay the balance of all total insurance premiums including
the cost of dental coverage.
Notwithstanding the foregoing effective May 1, 2009 employees receiving lon~evity 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- $500.00 per month
2) Step B- $600.00 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. Term life insurance for a dependent child over six (6)
months of age shall be $10,000.00. Disability pay shall be two-thirds (2/3) of the
commissioned Officer's normal pay check, but shall not in any instance exceed a weekly
disability payment of $750.00, whichever is less. Should the City decide that a change in
insurance companies is beneficial the proposed new coverage shall be submitted to the
Union for its information and review. The Maxi Plan coverage will be dropped as of May
1, 2008. However, anyone already receiving those benefits shall continue to receive them.
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.
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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
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. RETIREMENT INSURANCE
12.1 Life Insurance and Retirement Insurance
The amount of Life Insurance shall be $20,000.00 prior to age 65 or retirement, at which
time it shall be reduced to $10,000.00. Provided, however, that if the amount of Life
Insurance provided to any other City employees or retirees of any other department is
increased above $20,000.00 and $10,000.00 respectively, during the term of this
Agreement, employees covered by this Agreement or retirees, as the case may be, shall
receive Life Insurance coverage at least equivalent to that provided by the City to any
other City employee or retiree.
The insurance coverage for retired employees shall consist of the overall group plan of
Hospital, Health, Dental and Life 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(~ as it exists or is amended from time to time.
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12.2 Retired Employees - 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 employee shall be excluded from this
provision. Upon attaining his age of sixty-five (65) years, or such other age as Congress
may subsequently determine, this coverage shall terminate and the retired commissioned
officer shall make application to Medicare or to its successor program. The retired
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 Employees.
Employees, who retire after May 1, 1993 and before May 1, 2009, regardless of age, shall
pay a premium equal to 3% of their pension. Employees who retire after May l, 2009
shall pay the same prernium paid by other active employees of the City for single and
dependent coverage. Payments shall be paid in twelve (12) equal monthly payinents.
Premium payrnents shall be for the retiree, retirees' spouse, and dependent children.
Retired employees who become reeinployed where insurance coverage is provided by the
new employer shall be excluded frorn 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
purchasing Medicare supplement insurance at his expense through the City's group
insurance carrier, if available. Any increase in contribution provided for under Article
11.1 above the 3.0% of employee's base pay shall not go into effect until and unless the
increased contribution rate is made applicable to all City personnel (i.e., bargaining unit,
non-bargaining unit). The City will make it effective for elected Officials as of May l,
2013.
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
ILCSS/4-112 shall be entitled only to the continuation of benefit coverage provided under
215 ILCS 5/367(~ 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.
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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 a~reeinent with an established, reputable and
reliable cellular phone service provider. It is recognized that "Trac Phones" or "pay as
you go" cellular phone plans are not acceptable as an established, reputable and reliable
cellular phone service. Commissioned officers shall also be provided a pager, which the
parties agree all commissioned officers now have. The employer also requests that the
pager be worn anytime said officer is outside his/her residence. The employer will page
an employee for non-emergency overtime, allowing said employee five minutes to
contact the Fire Department before moving to the next person, except when the employee
on the top of the overtime list is already in the station. This procedure will start when it
is known the overtime is needed, or as soon as practical. Both parties agree that the
employee is free to promulgate required emergency response rules and regulations
effective for all employees of the Department.
15 DUTIES OF FIREMEN
The duties of all commissioned officers shall be in accordance with state statute, City
ordinances and resolutions, job descriptions or local custom, as the same may be
promulgated from time to time.
15.1 Assistant Chiefs
Having unique management responsibilities, Assistant Chiefs may be assigned to a work
schedule different than those established for other members.
16 DEPARTMENTAL MEETINGS
Routine departmental meetings of all commissioned officers may be called for the
purpose of receiving and disseminating necessary information.
16.1 Meetings
No provision of this Section shall be construed to prohibit the calling of a meeting as may
be necessary. Time spent in such meetings shall be considered hours worked, with a one
(1) hour minimum, if the commissioned officer is not on duty. The Fire Chief shall
notify any or all commissioned officers of the meeting at least one (1) week in advance,
unless there is an emergency.
15
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 goup.
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 responsibili~~~y of the representatives of I.A.F.F. Local 1897 to screen all
requests for grievance to determine legitimate cause.
17.5 Preliminary Oral Discussion
An attempt to resolve a grievance through oral discussion shall take place with the shift
commander and Fire Chief. All grievances must be presented no later than ten (10)
calendar days from the date the grievant knew or should have known of the occurrence-
giving rise to the grievance.
16
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 gievance 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.
17.7 Arbitration
If, after the foregoing ~rievance process has been fully cotnpleted, the grievance yet
subsists, either party may invoke bi~lding arbitration within seven (7) calendar days of the
. Mayor's written answer by giving written notice of referral to the other party.
17.8 Authority of the Arbitrator
The authority of the arbitrator is specifically liinited 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 tlie 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
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 pennission.
17.ll 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 naines from the list. A toss of a
coin shall detennine which party will first strike one (1) name; the other party shall then
strike one (1) name. The process will be repeated twice more and the remaining named
person shall be the arbitrator. FMCS shall be notified by the parties of the name of the
selected arbitrator, who shall be notified by the FMCS of his/her selection and request the
scheduling of a mutually agreeable date for the commencement of the arbitration ~
hearing(s).
17.12 Court Reporter; Costs of Arbitration
A qualified court reporter shall be present at all arbitration hearings and shall make a full
and complete record thereof. The parties to the arbitration hearing shall equally share the
costs of such court reporter. Any party requesting a transcript of the hearing shall bear
the cost thereof except that if both parties request a transcript, they shall equally share the
total cost thereof.
17.13 Effect of Arbitration
Subject to the appeal procedure set forth by the Uniform Arbitration Act, the decision of
the arbitrator shall be final and binding
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.
18
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 Wllen Laying Off
Commissioned officers shall be laid off in conformity with t'Ie Illinois Fire and Police
Commission Act (65 ILCS 5/10-2.1-1). Layoffs to accomplish a reduction in the
department rank structure shall be by seniority in the rank to the next lower rank.
Layoffs to reduce the size of the departinent shall be by overall seniority in the
departtnent. 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 geater overall seniority may be laid off befare 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 reguirements 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 inay be recalled before civilian employees
laid off at an earlier date.
19
21 EDUCATION EXPENSE
The City shall reimburse the commissioned officer for tuition and books required for
attending any job related course or for attending any course required for a job related
degree, in the amount not reimbursed by other agencies, providing such was approved in
advance by the Fire Chief. The above reimbursement would be contingent upon the
successful completion of such course.
22 RESIDENCY REQUIREMENT
Any employee shall become a resident of the City of Canton, or reside within a ten-mile
(10) radius of the Fire Station within 90 days after the expiration of such employee's
probationary period, if the employee is to continue employment with the City.
23 GENERAL PROVISIONS
23.1 All benefits except insurance changes by the insurance committee will remain in full
force and effect for the term of this agreement.
23.2 Nothing in this agreement shall be construed to negate the status of the employer as a
municipal employer and any provisions hereof which, by interpretation or otherwise,
would abridge or restrict the power and authority conferred by law on the employer as a
municipal employer shall be void and of no effect.
23.3 No Strike or Lock-Out
The employer agrees that there shall be no lock-out during the term of this agreement.
The union agrees that there will be no strike by itself and that it will not authorize or
encourage any strike by any employees during the term of this agreement.
23.4 Firefighters shall not be utilized as strikebreakers, nor be utilized to perform work
normally performed by other skilled trade/labor unions.
23.5 Titles or Headings
Any titles or headings in this agreement are inserted solely for the convenience of
reference and shall not be deemed to limit or affect the meaning, construction or effect of
any provision of this agreement.
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.
20
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 tlie employer, the standards of services, its
overall budget, the organization structure and selection of new einployees, examination
techniques and direction of employees, and the total number of employees employed.
Furthermore, except as otherwise provided elsewhere in the tenns 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 ar
enforced in a manner contrary to the provisions of this agreement.
239 Termination
This agreement shall be effective as of the First (1~`) clay of May 2011, and shall remain
in full force and affect through the 30`~' day of April 2014. It shall automatically be
renewed unless either party notifies tlle otller in writing, no less tllan one hundred twenty
(120) calendar days prior to the anniversaiy date that it desires to modify this agreement.
In the event that such notice is given, ~iegotiations shall begin no later than thirty (30)
' calendar days after the notice is delivered. In t11e 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, 2011.
21
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. Ora] 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 Agreeinent 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 iinposition of more severe discipline, and the written reprimand was originally
~rieved 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.
22
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 Chief's 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 aral 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 ma; 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.
If the Union decides to file a grievance, tlle Union inay 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.
23
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
Cammissioners before the employee has had an opportunity to exercise
his/her election of remedies within ten (10) calendar days. The timeline
inay 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 far above, the Fire Chief may proceed with the charges in
a hearing before the Board of Fire and Police Coinmissioners.
If the Union decides to file a grievance, the ~-ievance 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.
24
25 HEALTH & WELLNESS
25.1 The City of Canton and Fire Fighters Local 1897 agree to maintain the terms of the
Fire Service Joint Labor management Wellness/Fitness Initiative, copyright 1997 by the
International Association of Fire Chiefs.
25.2 Both parties acknowledge that a Drug and Alcohol testing policy was adopted by
Resolution and continues in effect for the term of this contract. It is further understood
that a medications notification policy will be implemented within the Canton Fire
Department.
26 PROMOTIONAL TESTING
1. The final Promotional Examination score for promotions within the Fire Department
shall be determined as follows:
Component % of Total Score/Max. Points
Seniority 16% / 16 points
Ascertained Merit 20% / 20 points
Subjective Evaluation (Oral Interview) 14% / 14 points
Written Examination 50% / 50 points
2. Seniority is to be determined as of the date the written exainination is given and will
be calculated as follows: 1) 1 point per year for each full year of service as a full-time fire
• fighter with the Canton Fire Department up to a maxiinum of eight (8) points; and, 2) 1
point per year for each full year served in the candidates current rank up to a maximum of
eight (8) points.
3. Candidates for pramotion shall be awarded points for ascertained merit based upon the
schedule attached as Exhibit A hereto. A candidate must submit his or her claim for
ascertained merit, with proof thereof, to the board three (3) weeks prior to the date set for
the written examination.
4. The oral interview shall be competitive and consist of questions related to and
associated with the performance of duties for the position sought.
5. The points to be awarded each candidate for promotion for seniority, ascertained merit
and resulting from the oral interview will be posted at least two (2) weeks prior to the
conduct of the written examination.
6. The written examination shall be competitive, shall consist of questions derived from
the reading materials assigned and from the Department's current policies and
procedures. The questions shall be related to and associated with the performance of the
duties for the position sought. The Department shall provide one copy of all reading
material assigned for the written test.
25
7. A Candidate's total score shall consist of the combined point totals awarded for
seniority, ascertained merit, oral examination, written examination plus veteran's
preference points. Candidates shall take rank upon a promotional eligibility register in
the order of their relative excellence as determined by their total score. In the event of a
tie score, the placement of the tied candidates' names on the eligibility list shall be
determined by seniority. A candidate who fails to achieve a minimum total score of 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
ar 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.
27. Fire Inspector's Work Assignment
In absence of a full-time Fire Inspector, bargaining unit employees may be assigned Fire
Inspection duties in accordance with the following conditions:
A. Such work shall be reserved for members of the bargaining unit provided that this
shall not limit the Fire Chief from supervising and participating in inspections being
performed by a bargaining unit employee or performing building plan reviews.
B. Such work shall be assigned to members on shift duty and off duty. Off duty shall be
assigned as follows:
(1) Work my include fire inspections or fire prevention.
(2) Bargaining Unit employees shall be qualified and assigned from a list rotated
in the same manner as the overtime list. A qualified employee is one who is
certified as a Fire Officer I, Fire Officer I(Provisional), Fire Prevention
Officer I or higher, or Fire Inspector.
(3) The City shall guarantee a minimum of sixty (60) hours per calendar quarter.
(4) Off duty inspection shall be paid at a rate of $12.00 per hour.
26
(5) Employees performing work under Section 207(g) of the Fair Labor
Standards Act shall not engage in fire suppression activities.
(6) 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.
C. Indemnification
In consideration of the Employer's agreement to allow for the Section 207(g)
scheduling of Fire Inspector's work assignment, the Union and the City agree as
follows:
1. Subject to the parties' agreements and adoption of the alternative procedure
described in Paragraph (B) of this Section 27.10, 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 the work assigned under Section
27.10 do not comply with Section 207(g) of the Fair Labor Standards Act and the
rate provided for in Paragraph B(4).
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 under
Section 17 of this Agreement, except that such grievance shall be filed with the
standing committee on Grievance, Negotiations and Personnel. 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 Section 8 and 15 (b)
of the Illinois Labor Relations Act (5 ILCS 315/8 and 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). Such disputes
shall include claims or allegations that the appropriate overtime rate or overtime
amount of time do not comply with Section 207(g) of the Fair Labor Standards
Act, 29 USCA 207(g). In the event that any such grievances are 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 paying them only
the amount of time they may be entitled to under Section 207(g) of the FLSA.
The arbitrator shall have no authority to award any attorney fees or any penalties
against the parties.
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:
27
1. The City currently assigns a non-mandatary level of five (5) commissioned
officers per shift;
2. Commissioned officers are provided at least one (1) slot on each shift to cover
vacations, and other contractually scheduled time off;
3. (a) 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.
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 ar substitute for a coinmissioned 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.
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 January 3, 2012.
For the City of Canton, Illinois
Mayor of t e Ci y of Canton, IL
r
l
aTTEST: , ~ ,
City Clerk
For the Un n:
,
~ _ ,
- ' Its President
i'
, ts Vice President
~
~ , Its Secretary
28
APPENDIX A
SALARYSCHEDULE
A. Firefighter Base Salary
Step Years of Service Effective Effective Effective
May 1, 2011 June l, 2012 May 1, 2013
I. Probationary $42,453/annual $43,515/annual $44,603/annual
II. Starting 2"d Year $44,913/annual $46,036/annual $47,187/annual
III. Starting 3`d Year $47,561/annual $48,750/annual $49,969/annual
IV. Starting 4~' Year $52,594/annual $53,909/annual $55,256/annual
V. Starting 5`" Year $53,094/annual $54,421/annual $55,782/annual
VI. Starting 7`~' Year $54,472/annual $55,833/annual $57,229/annual
VII. Starting 10`" Year $56,469/annual $57,881/annual $59,328/annual
VIII. Starting 15th Year $57,797/annual $59,242/annual $60,723/annual
IX. Starting 20t" Year $60,610/annual $62,126/annual $63,679/annual
X. Starting 25t" Year $62,388/annual $63,947/annual $65,546/annual
B. Lieutenant Base Salary
I. Base $59,082/annual $60,559/annual $62,073/annual
II. Starting 15`~' Year $60,427/annual $61,937/annual $63,486/annual
III. Starting 20t" Year $62,774/annual $64,343/annual $65,952/annual
IV. Starting 25t" Year $65,077/annual $66,704/annual $68,372/annual
C. Assistant Fire Chief Base Salary
I. Base $61,691/annual $63,233/annual $64,814/annual
II. Starting 15`" Year $63,190/annual $64,770/annual $66,389/annual
III. Starting 20`h Year $65,520/annual $67,158/annual $68,837/annual
IV. Starting 25th Year $67,865/annual $69,562/annual $71,301/annual
D. Longevity Pay
I.* Step A 20 years and over but not over 25 years $6000.00/ annual
II.* Step B 25 years and over but not over 30 years $7200.00/ annual
* Payable as provided in Article 4.1.B of this agreement.
* It is understood by the parties that with respect to 4.1.B and 11.1 of the
Collective Bargaining Agreement that the additional health care premium is
payable by the employee to the City's health care fund whether or not they
are enrolled in the City's group coverage or not.
29
RESOLUTION NO 3975
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON
AND CANTON FIRE FIGHTERS, LOCAL 1897, I.A.F.F., A.F.F.I., AFL/CIO AND
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS
WHEREAS, the City of Canton entered into negotiations with the Canton Fire Fighters, Local
1897 relative to the establishment of wages, benefits and other conditions of employment; and
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the
proposed agreement, a copy of which is attached hereto and incorporated herein, as Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is necessary and
in the best interest of the City to approve said agreement.
NOW THEItEFORE, be it resolved by the City Council of the City of Canton, Fulton County,
Illinois, as follows:
1. That the agreement between the City of Canton and Canton Fire Fighters Local 1897, a
copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved,
said agreement to be subject to and effective pursuant to the terms and conditions set forth
therei~i.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and directed to
execute and deliver said agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor
thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting
this 3rd day of January 2012, upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APROV D•
evin R. Meade, May
.
Diana Tucker, City Clerk