HomeMy WebLinkAboutResolution #3338RESOLUTION NO. 3338
A RESOLUTION APPROVING AN AGREMENT BETWEEN THE CITY OF CANTON AND
THE CITY OF CANTON FIRE DEPARTMENT, LOCAL NO. 1897, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS 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, Illinois has entered into
negotiations with City of Canton Fire Department, Local No. 1897,
International Association of Fire Fighters, relative to the
establishment of rates of pay, hours of work and other conditions
of employment; and,
WHEREAS, the City Council of the City of Canton, Illinois
has reviewed the terms of the proposed agrement, a copy of which
is attached hereto and made a part hereof as Exhibit A; and,
WHEREAS, the City Council of the City of Canton, Illinois
has determined that it is necessary and in the best interest of
the City of Canton to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the Agreement between the City of Canton and City
of Canton Fire Department, Local No. 1897, International
Association of Fire Fighters which is attached hereto and made a
part hereof as Exhibit A, is hereby approved, said agreement to be
subject to and effective pursuant to the terms and conditions set
/ _,
forth herein.
2. That the Mayor and City Clerk of the City of Canton,
Illinois are hereby authorized and directed to execute and deliver
said agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
S to ber
County, Illinois, at a regular meeting this 17th day ofX~~~,
1996 upon a roll call vote as follows:
AYES: Aldermen May, Shores, Meade, Nidiffer, Phillips,
Sarff, Molleck,
NAYS: None.
ABSENT: Alderman Hartford,
APPROVED:
ona E. Edwar s, Mayor
ATTEST:
Nancy Whites, City Clerk.
CLAUDON, LLOYD, BARNHART & REAL, LTD.
ATTORNEYS AT LAW
CHESTER J.CLAUDON
JAMES E. LLOYD
GARY E. BARNHART
BRUCE C. BEAL
121 WEST ELM STREET
CANTON, ILLlN015 61520
TELEPHONE (309) 6a7-6300
FAX t30G) 6a7-0022
September 12, 1996
PERSONAL & CONFIDENTIAL
Daniel J. Oaks
Canton Fire Department
101 East Spruce Street
Canton, Illinois 61520
RE: City of Canton Firefighters Contract
Dear Dan:
The City of Canton, upon ratification by the City Council,
will agree to execute the Collective Bargaining Agreement presented
for ratification at the City Council meeting of September 3, 1996,
with the elimination of Section 15.2, entitled "Trained Volunteers"
and Appendix B, commonly referred to as the "Me-Too Appendix".
The Union understands and acknowledges that with the removal
of Section 15.2, the City can, (1) still use volunteer firefighters
as that term is defined by 65 ILCS 5/10-5-3 upon a showing that it
is not economically feasible for the City to continue paying full-
time firefighters, and (2) may make temporary appointments in
accordance with 65 ILCS 5/10-2.1-16. The decision of the City to
use volunteer firemen may be grieved by the employees of the
Collective Bargaining Agreement pursuant to Division 17 thereunder.
The Employer shall have the burden of proving an economic necessity
to use volunteer firemen as that term is defined in 65 ILCS 5/10-5-
3. This understanding is not intended to prohibit the City from
establishing a volunteer fire protection district or volunteer fire
protection association which both parties agree and understand may
be done pursuant to State Statute.
Notwithstanding anything contained herein or in the parties'
Collective Bargaining Agreement to the contrary, volunteer firemen,
as that term is defined by 65 ILCS 5/10-5-3, may be used for second
alarms at any time. All volunteer firemen shall be trained to the
level of Firefighter II.
Daniel J. Oaks
September 12, 1996
Page Two
Please acknowledge your understanding of this side letter by
executing the Acknowledgment at the bottom of this page and
returning a copy to my office.
Sincerely,
CLA ON,`~ LLOYD,
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BY: ~ ..?~
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BCB/cam
BARNHAR~ & BEAL, LTD.
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ACKNOWLEDGMENT
I, the undersigned representative of the Canton Fire
Department, understand and acknowledge the terms and conditions of
this side letter and agree to the same.
Dated this ~~ day of September, 1996.
CANTON FIREFIGHTERS LOCAL 1897
~~ _
BY: ~ w ~
Authorized Representative
CLAUDON, LLOYD, BARNHART Sc BEAL, LTD.
ATTORNEYS AT LAW
CHESTER J.CLAUDON
JAMES E. LLOYD
GARY E. BARNHART
BRUCE C. REAL
PERSONAL & CONFIDENTIAL
121 WEST ELM STREET
CANTON, ILLINOIS 61520
TELEPHONE (309) 647-6300
FAX (309) 647-0022
September 12, 1996
Daniel J. Oaks
Canton Fire Department
101 East Spruce Street
Canton, Illinois 61520
RE: City of Canton Firefighters Contract
Dear Dan:
The City of Canton, upon ratification by the City Council,
will agree to execute the Collective Bargaining Agreement presented
for ratification at the City Council meeting of September 3, 1996,
with the elimination of Section 15.2, entitled "Trained Volunteers"
and Appendix B, commonly referred to as the "Me-Too Appendix".
The Union understands and acknowledges that with the removal
of Section 15.2, the City can, (1) still use volunteer firefighters
as that term is defined by 65 ILCS 5/10-5-3 upon a showing that it
is not economically feasible for the City to continue paying full-
time firefighters, and (2) may make temporary appointments in
accordance with 65 ILLS 5/10-2.1-16. The decision of the City to
use volunteer firemen may be grieved by the employees of the
Collective Bargaining Agreement pursuant to Division 17 thereunder.
The Employer shall have the burden of proving an economic necessity
to use volunteer firemen as that term is defined in 65 ILCS 5/10-5-
3. This understanding is not intended to prohibit the City from
establishing a volunteer fire protection district or volunteer fire
protection association which both parties agree and understand may
be done pursuant to State Statute.
Notwithstanding anything contained herein or in the parties'
Collective Bargaining Agreement to the contrary, volunteer firemen,
as that term is defined by 65 ILCS 5/10-5-3, may be used for second
alarms at any time. All volunteer firemen shall be trained to the
level of Firefighter II.
Daniel J. Oaks
September 12, 1996
Page Two
Please acknowledge your understanding of this side letter by
executing the Acknowledgment at the bottom of this page and
returning a copy to my office.
Sincerely,
.~
CLA DON, LLOYD,
BY : ~ ~ ~,~ ~~, A
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`,~,% .~:
BCB/cam
ACKNOWLEDGMENT
~..~
BARN ~ R7J & BEAL , LTD .
~~~I ~~~~
I, the undersigned representative of the Canton Fire
Department, understand and acknowledge the terms and conditions of
this side letter and agree to the same.
Dated this day of September, 1996.
CANTON FIREFIGHTERS LOCAL 1897
BY:
Authorized Representative
j,r .y'^ 1q, ..
65 ILCS' 5/10-2.1'-16' MUNICIPALITIES 23
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5/10-2:1-16. '`Temporary appointments '~
§ 10-2.1-16. Temporary appointments: In order. to pre-
vent astoppage of public business, to meet extraordinary:
exigencies, or to prevent material impairment of'either the;
police or fire~~department, the board•may make telnpordry
appointments, to remain in force until regular appointments
may be made under the provisions of this .Division 2.1, but.
never to exceed 60 days.. -No temporary appointment of any
one person shall be made more than twice. in any calendar
year.-. -- - ... - ..
Laws 1961, p. 576, § 10-2.1-16, added by Laws 1965, p. 2840,
§ 1, eff. Aug. 10,1965. "Amended by Laws 1967, p. 3437, § 1,
eff. Aug. 31, 1967..
Formerly Ill.Rev.Stat.1991, ch. 24, 410-2.1-16.
5/10-2.1-17. .Removal or• dischazge-Investigation
of chazges-Retirement-Review
under Administrative Review Law
§ 10-2.1-17.. Removal or discharge-Investigation of
charges-Retirement. Except as hereinafter. provided, no
officer or member of the fire or police deparanent of any
municipality subject to this Division 2.1 shall be removed or
discharged except for cause, upon written charges, and after
an opportunity to be heard in his own defense. If the chief
of the fire department or the chief of the police department
or both of them are appointed in the manner provided by
ordinance, they may be removed or discharged by the ap-
pointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities. The boazd of fire and police commis-
sioners shall conduct a fair and impartial hearing of the
charges, to be commenced. within 30 days of the filing
thereof, which hearing maybe continued from.time to time.
In case an officer or member is found guilty, the board may
discharge him, or may suspend him not exceeding 30 days:
without pay. The board may suspend any officer or member
pending the hearing with or without pay, but not to exceed
30 days. - If the Board of Fire and Police Commissioners'
determines that the charges ate not sustained, the officer or
member shall be reimbursed for•all wages withheld, if any.
In the- conduct of this hearing; each member of the board
shall- have power to administer oaths and affirmations, .and
the board shall have power to secure by its subpoena both:
the attendance and testimony of witnesses "and the product:
lion of books and papers relevant to the hearing.
The age for retirement of policemen or firemen. in the.
service of any municpality which 'adopts this Division 2.1 is
65 years„ unless the Council or:Board of Trustees shall by,
ordinance provide for an earlier retirement age of not less
than 60 years..•..,;;~• ,,,~•,.: •,:;•.:.~• :. ......... . .._ ,..,
The. provisions of the Administratlve•Review Law, and all
amendments..and .modifications.. thereofl . and. the. rules
adopted pursuant thereto, shall. apply . to ~ and govern, all
proceedings for the judiasl..review of final adm~n~Q+*~tive
decisions, of" the. board,.of. fire ..and. police:,commissioners.
hereunder- The-term "administrative decision,". is defined as
in Section.3-101 of the Code. of. Ci~nl Procedure.Z ~~,a,.
..Nothing is thin Section-shall be construed.to prevent. the.
• chief of the fire department., or.the-.chief of-the,-police
department from- suspending without•.pay a-member of ,his
department.for a period of..not more than 5 .calendar days;
but he shall notify tlie•board in writing of 's`uch:suspension.:
Any policeman or fireman so suspended may:appeal_ to -the.
board of fire and. police commissioners for a review'-of'the
suspension within 5 calendar days after~such 'suspension, ar
upon such appeal, the. board may sustain the action of tt.
chief of the department, may reverse it with instructions .th:
the -man receive his payyfor' theperiod involved,"or ma
suspend the officer for an additional period of not"more tha
30 days or dischazge him, depending upon the facts presen~
Laws 1961; p. 576, § 10-2.1-17, added by I;aws 1965; p. 2&1~
§ 1, eff. Aug. 10, 1965. 'Amended by PA 76~-1525; § 1, of
Sept. ~, 1969; PA 80=-819, § I, "eff: Oct." 1, 1977; • P 9: 8°
783, Art. %I, § 54, eff. July 13; 1982; ,PA 85-915, § 1, e:
July 1, 1988: .. _ .. .. •
Formerly Ill.Rev.Stat.1991, ch. 24, 410-2.1-17.
1735 ILCS 5r3-101 et seq.
2735 ILCS 5~3-101.
5/10-2.1-18. Fire or police departments-
' ~ Reduction of force-Reinstatemer
§ 10-2.1-18. Fire or police departments-Reduction
farce-Reinstatement. When the force of the fire depa`
ment or of the police department is reduced, and positio
displaced or abolished, seniority shall prevail and the office
and members so reduced in rank, or removed from t
service of the fire department or' of the police departure
shall be considered furloughed without pay from the po
lions from which they were reduced or removed.
Such reductions and removals shall be in strict compliar
with seniority and in no event shall any officer or member '.
reduced more than one rank in a reduction of force. Office
and members with the least seniority in the position to
reduced shall be reduced to the next lower rated positic
For purposes of determining which officers and members «
be reduced in rank, seniority shall be determined by addi
the time spent at the rank or position from which the offie
or member is to be reduced and the time spent at any high
rank or position in the Department. For purposes of det~
mining which officers or. members in the lowest -rank
position shall be removed from the.Department in the eve
of a layoff, length of service in the: Department shall be t
basis for determining. seniority, with the least senior sn
officer or member being the first so removed and laid c
Such officers-or members. laid off.shall have their nan
placed .on'an appropriate ieemploynient list in the never
order of dates of layoff. `.._ ~~ . - " ' _ ~ '
If any positions which have been vacated because of reds
lion iu.forces_or displacement. and abolition of positions,:
reinstated, such members and officers of the fire departm~
or of the police department as are furloughed from. the s:.
positions shall be notified by the board by registered mail
such reinstatement of positions and-shall have prior right
such positions if otherwise qualified, and in all cases senior.
shall prevail- ' Written application for such • reinstated po
lion must be made by the furloughed person within 30 da
after notification as above provided and such person may
required to submit to P=~m~*+~tion by physicians Of both L
board of fire and police commissioners and the appropriv
pension board to determine his physical fitness.
Laws 1961, p. 576, § 10-2.1-18; added'by Laws 1965, p:~ 28=
§•l,;eff:.`Aug:~10, 1965.::Amended by P:A:'84-747,..§ 1; e
Sept.21,:1985::9•,T_ ra '_.:_::;r is ;;Iic=:~/.>, ;v= a : i .e.,:a.
Formerly~llLRevBt3t199Ty. ch: 24,-410.1-18.-'-~y; ::? ,
5/1~Z:1-19: =Annual"report'-Budget requesf• ~: _
t- ..._
§• 10=2:I=19:' Aminal report-Budget~request.:'Aniiusi
at anytime the'cotporate authorities may provide, the.lioa
of fire slid policeeommissioaers `shall snbmit'to the mayor
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MITNICIPALITIES
local govenometit to establish, expand or modify its activities is su~h'a
way as to necessitate additional expenditures from local Yevenues.
"House Ht7l 1246 does not require an expansion or modification of
activities in such a way as to necessitate additional expenditures;
therefore it does not qualify as a.State Mandate."„ - -.,•,•,;. ,., ,'
5/lp•-4-6. Application for examination -for and
_. .appointment to positions as .
. firefighters or police
§ 10-4•-6. In municipalities of more than 500,000 popula-
tion, applications for examination -for and appointment to
positions as firefighters or police shall be made available at
various branches of the public library oP the municipality. It
is declared to be the law of this State, pursuant to paragraph
(g) of Section 6 of Article VII of the Illinois Constitution, that
this Section is a denial of the power of a home rule unit to
fail to make applications available. as required by this Sec-
tion.
Laws 1961, p. 576, § 10-4-6, added by PA 85-1342, § 1, eff.
July 1, 1989.
Formerly II1.Rev.Stat.1991, ch. 24, 410-4-6.
5/101-7. Persons in fire service
§ 10-4-7. Persons in fire service. In any municipality
with a population under 10,000 that is located in a county
with a population over 3,000,000 and that maintains a fire-
fighters' pension fund under Article 4 of the Illinois Pension
Code,i persons who participate in that pension fund and who
have served at any time between July 1, 1976 and July 1,
1978 in the position of protective inspection officer or admin-
istrative assistant for fire services shall, if the position includ-
ed firefighting duties, be entitled to receive service credit in
that pension fund for such service, notwithstanding that such
persons mny not have held civil service appointrnents as
firefighters; provided that application is made to the pension
fund by July 1, 1992, and the corresponding employee rnntri-
butions are' paid, based on the compensation received for
such service and the contribution rates m effect during such
service for firefighters' •in the, pension ,fund, plus interest
thereon at the rate of 6~Rv per year,, compounded annually,
from July 1,.1988 to the date of payment ' -. ; -
Laws 1961, p. 576, § 10-4-7, added by PA 87-782, § 3, eff_
Nov. 6, 1991; PA: 87-847, § 101.5, eff. Feb. 5, 1992.:
Amended by PA 87,89b, Art. 2, §2-14, eff. Aug. 14, 1992.
Formerly IlLRev.Stat._1991, ch. 24, 4101--7 ;,;. , _ ., .
140 ILCS 5J4-102 'et seq. "' '
P.A. 87-895, the Fust 1992 General Revisory''A~t. provides, in
Article 2 for the revision and renumberin¢ of xrtain.Sections of Acts
which have been added or amended by.moce than one Acc of the 87th
General Assembly; incorporates amendments • to repealed. Acts into.
successor Laws passed by the same General Assembly, corrects errors,
revises cross-references and • deletes obsolete • text ' ins such • Sections
contained. is Public Acts through, PA 87-855. . .
~~~ : DIVISION 5.INSURANCE FOR - •
-: ,:~-„~s •~;.VOLUNTEER~FIREMEN•r: w •, __~-:_.
Section" ~ ;, _ .. , ..-,:; . _•.. ". ~ . :, ,, ~ ::
5/10-1...;Froctu'ement.. _ , .: ",:...._:_.,::. ..:. '. • .
5/10-•F~2:... Disability, death, medical and hospital benefits-
-Amount. . -- - " •, ,
5/10~r3. 'y Definitions.: r...~ ~• < .,:-.~.: - .,;... :...•~.: _ .:.
5/10-5-4, .Liability in case of neglect; refusal or fatltu~e to
ptroctrreittstusnce. ...:.___..•.-:.' ...; ~
5/10-5-b. Conformity. of existing itisurance policies to re-
quirements. .. .
5110-t-8:'"`'Election-Form of propoeitton-Effective•'date.
5110-5-~L Procurement :--L ~ ~ • ..~
:` § 10-5=1u:'Every city, village ar incorporated'town in this
State,' which' adopts this' Division 5; as hereinafter provided,.
288 •
now ,having or which may hereafter have a volunteer fire
department 'or a fire department composed in part of volun=
leer firemen; shall proctae, in the name and for the benefit'of '
the volunteer members of such fire department, a policy'or
polices of insurance, conditioned as hereinafter provided. •
Laws 1961, p. 576, § 101, eff. July 1, 1961.'• _ ~•'
Formerly Il1.Rev.Stat1991, ch. 24, 410-~1. "' • "' ' "
5/10-~2. Disability,, death, medical and hospital .~
-' benefits-Amount
§ 10-b-2.. Each such policy of insurance shall provide for
the payment to every volunteer member of such fire depart-
ment receiving any it~jury,~ which injury was sustained
through accidental means and was caused by and arose out
of the duties of such member as a volunteer fireman, causing
a disability which prevents such member from pursuing his
usual vocation, as follows:
In such cities, villages and incorporated towns having a
population of less than 1,000, a weekly indemnity of not less
than $20,
In such cities, villages and incorporated towns having a
population of 1,000 or more, a weekly indemnity of not less
than $30.
Every such policy shall further provide:
(a) That the weekly indemnity payable thereunder shall be
paid as long as such disability shall continue, not however, to
exceed a period of 52 weeks.
(b) That in the event of the death or total permanent
disability of such volunteer fireman, the sum of not less than
$3,500 shall be paid to the estate of any such volunteer.'
fireman or to such total permanently disabled volunteer
fireman, as the case may be. .
(c) For the payment of such medical, surgical, hospital and
nurse services and supplies, as may be necessary on acrnunt
of such itljury, the total sum thereof, however,.not to exceed
$750, for injuries sustained as the result of any one accident.,
This amendatory act of 1973 does not apply to any munici-
pality'~vhich.is a.home rule unit,. _ .
Laws 1961, p. 576; § 10~--2, eff. July 1, 1961. Amended by
PA 78-481, § 1, eff. Jan. 1; 1974.
Formerly ]11.Rev.Stat1991, ch. 24, 410-5-2. . .
5/10-3. Definitions .. .. - ,
§ 10-5-3. For the purposes of this .,Division 5, 'bolunteer
fireman",; or `bolunteer membei" means a ,person having;
regalar employment„ at work, other than that of a fireman„ .
but who is carried on the rolls of a regularly constituted fire
department. either., for the. purpose of the prevention. or,
control of 5re• or the underwater; recovery of -drowning,
victims,. the members of which are under the jurisdiction:of; .
the rnrporate authorities of city,. village or incorporated towII
and who•may receive some compensation for his services as a
fireman.. "Volunteer fireman' or `bolunteer•member".does,
not mean fur individual who volunteers assistance and is not a.
regularly enrolled fireman. However, nothing..herein. coal
twined shall, be. consaanded ; to prohibit .any.. city.. vrllage orl .
inrnrporated town from procuring insurance tti cover person& ;
acting as firemea.who are not regularly enrolled as su
Laws 1961, p. 576, § 103; eff: Julyl, 1961':'~Amended by?
PA 80-597, § 1, e!L Oct .1, 1977. _ .. ~ a
Formerly ),u:Rev.Stat.1991; ch. 24; 4.10-5~ s:-~; : .. -`~~;ftc
5110=5~-4. •"I,iabilitg ui~~case bf"neglect;Trefusal'or~a
. , .'• .6' failuie-to procure- insurance''*~r ~
~.§ 10-5-4."_ If the corporate authorities of anY city, village
or~ incorporated. town;. which- adapts this Division 5, neglect
-+
f. - .~
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, 1996
through
Apri130, 1999
TABLE OF CONTENTS
ARTICLE PAGE(S)
1. Purpose and Definition of Terms 1
2. Recognition 2
3. Hours of Work 2
4. Wages 3
5. Vacation 4
6. Holidays 5
7. Sick/Personal Days 5.7
8. Leave ~_g
9. Special Pay Provisions 8-9
10. Clothing Allowance 10-11
11. Commissioned Officers' Insurance 11-12
12. Retirement Insurance 12-13
13. Travel Allowance 14
14. Commissioned Officer Telephone Required 14
15. Duties of Firemen 14
16. Monthly Departmental Meetings 15
17. Settlement of Grievances 15-18
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 20-22
24. Discipline 22
Appendix A 24
Appendix B 25
AGREEMENT #1996
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
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 DEFII~IITION OF TERMS.
For the purpose of clarification, various terms used in this contract are defined as
follows:
1.2 "Commissioned Officer" shall mean an employee of the City's Fire Department
who is appointed to the department by the City's Fire and Police Commission and
who is subject to the said Commission's disciplinary powers.
1.3 "Civilian Employee" shall mean an employee of the City's Fire Department who is
not appointed to the 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 fixll-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.
1
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 part-time and volunteer 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 Commis-
sion Act. Prior to dismissal, Fire Chief shall notify probationer of reason for
dismissal and meet to discuss said reasons. This decision is not subject to the
grievance procedure.
3. HOURS OF WORK
Employees covered by the terms of this agreement who work within the Fire
Department shall be assigned to a regular duty shift. The regular hours of duty
shall be 24 consecutive hours on duty, staring at 7:00 a.m. and ending the
following 7:00 a.m. The on-duty tour of duty shall be immediately followed by 48
consecutive hours off-duty. The employer agrees to comply with the Fair Labor
Standards Act [FLSA~ and further agrees that all bargaining unit employees are
eligible for FLSA overtime. For the purpose of FLSA overtime, a work cycle or
work period shall consist of 28 calendar days.
With respect to this Division 3, the employer reserves to itself the exclusive right
to set regular hours of duty, overtime, work shifts, work weeks, shift designations
and all matters ancillary or relating thereto as the employer's operational need or
public safety may deem to require. Nevertheless, the employer will use its best
efforts to adhere to the regular hours of duty outlined in this Division 3, and to the
regular duty shift assignment made to each employee. Should the regular hours of
duty or a shift assignment be changed, affected employees will first be given 21
days notice.
2
4. WAGES.
4.1 Salaries and Longevity.
A. Ba a al ry, 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 E or F. Employees who meet the following requirements
shall qualify for and be placed in Step E or F:
(1) Eligible employees are those who have accrued at least 20 years of
service.
(2) Eligible employees may exercise an option to be placed in longevity
Step E or F by notifying the Chief of such election in writing on or before
the 15th day of any calendar month prior to a month in which they have
accrued the required year of service specified in (1) above.
(3) Upon receipt of notice from an eligible employee, the employer shall
place the employee in Step E or F and adjust his/her salary accordingly
effective the first day of the month immediately following the month in
which notice from the employee was received.
(4) Employees placed in Step E or F shall be entitled to receive the salary
provided in such step for a maximum period of 30 days. If employee is still
in service after 30 days he/she shall revert permanently to previous step.
4.2 Pay Period.
The salaries and wages of employees shall be paid 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.
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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 yeazs - 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 1st
day of
April, with preference given to the commissioned officers with seniority until the
1st day
of May. On May 1st, scheduling will be on a first come first served basis.
5.1 Accumulation of Vacation Time
Vacation time shall be used during the anniversary year of the employee during
which a commissioned officer becomes entitled thereto, unless the Fire Chief
makes a written request during such anniversary year for extension to the office of
the Mayor who shall approve or disapprove the same. When vacations cannot be
granted during the anniversary year, pay in lieu thereof 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 dischazge, prior to using vacation time due, shall be compensated in
cash for the unused vacation accumulated at the time of sepazation. Employees
who are dischazged from service shall not be paid any unused but accumulated
vacation time due.
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6. HOLIDAYS
6.1 Days Designated
The following days are holidays with pay for all commissioned officers: New
Year's Day (1 January), President's Day (3rd Monday in February), Good Friday,
Memorial Day (last Monday in May), Independence Day (4 July), Labor Day (1st
Monday in Sept.), Veterans' Day (11 November),Thanksgiving Day (4th Thursday
in Nov.), Christmas Day (25 December).
6.2 Holiday Pay
Each commissioned officer shall receive and be paid holiday pay consisting of
4.5% of said officer's base pay. This holiday pay shall be paid in one lump sum on
the first pay in November. Holiday pay will be paid prorata for those holidays that
the employee is eligible for. An employee must work the shift immediately
preceding and immediately following the holiday in order to be eligible for holiday
pay unless excused by the Chief.
6.3 Holiday Falling on Vacation
If a holiday occurs during a vacation, commissioned officer will receive an extra
day's vacation.
7. SICK/PERSONAL DAYS
7.1 Computation ofSick/Personal Days -Probationary.
Computation ofsick/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 ofSick/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.
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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 step-children in the
employee's household. Commissioned officers must:
a) Report promptly in ascending order 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 days duration.
7.4 Pay in Lieu of Personal Days
Should a commissioned officer not use all or any of the five (5) personal days, the
commissioned officer shall be paid in lieu thereof for each unused day. Personal
days may be held over to the next fiscal year by first obtaining written consent of
the Fire Chief and of the Mayor prior to the start of the next fiscal year. Each day
shall be valued at 1/5 of the then current weekly salary.
7.5 Accrual of Personal Days
Personal days shall not survive beyond the fiscal year of accrual unless first
approved in writing by the Fire Chief and the Mayor during the fiscal year of
accrual.
7.6 Accrual of Sick Days
Should any or all of the five (5) sick days not be used by the commissioned officer
during the fiscal year, all unused days shall be accrued. Commissioned officer may
accrue up to a total of sixty (60) days. Payment for such accumulation of not
more than thirty (30) 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.
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7.8 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
8.2
8.3
8.4
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.
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.
Military Leave
Commissioned officers shall be granted such leave in accordance with the
provisions of Chapter 24, Section 10-2.1-23 and Section 10-2.1-24 of the Illinois
Revised Statutes.
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, step brothers, step sisters, step children,
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 work days.
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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 Shift Coverage
Commissioned officers, when called in to provide shift coverage outside of their
regular shift shall be paid at the rate of time and one-half for all such hours
worked.
9.4 Vacation Call-in
Commissioned officers called in while on vacation shall be paid at the rate of
double time for all hours worked with a minimum of four (4) hours.
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9.5 Temporary Additional Duties Pay
When a commissioned officer is assigned to temporary additional duties greater
than the permanent rank of the commissioned officer for 1 shift (24 hours) or
more, said commissioned officer shall be granted temporary additional duty pay of
ten dollars ($10.00) per shift during the period of such assignment. In the case of a
Fire Fighter assuming the duties of a Lieutenant, it will be senior Fire Fighter of
that shift. Assignments shall be made to provide proper management coverage.
9.6 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 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, then the same shall be paid
in lump sum to the commissioned officer at the end of the fiscal year.
9.7 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.
9.8 Shift Commander
There shall, at all times, be a shift commander on duty who holds the rank of
Assistant Fire Chief or Lieutenant.
9.9 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.
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10. CLOTHING ALLOWANCE
10.1 Annual Payment
All commissioned officers shall be paid an annual clothing allowance of $400.00
for regulation Firemen's clothing as approved by the City Council. The payment of
this amount shall be made on the first pay day in May.
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 shall reimburse
the employer on account of clothing allowance paid as follows: Such
commissioned officer shall reimburse the employer clothing allowance paid in the
current fiscal year in that percentage amount which the remainder of such fiscal
year existing at the time of termination bears to the whole of such fiscal year.
10.5 Reimbursement Deduction
In every instance, the reimbursement herein above due shall be deducted from such
money amounts which maybe yet due and payable from and by the employer.
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10.6 Equipment Furnished
The City shall furnish all commissioned officers with the following, but not limited
to, helmet, nomex coat with liner, boots, nomex 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.
11. CONIlVIISSIONED OFFICERS' INSURANCE
11.1 Payment
The employee shall pay 1.2% of said employee's base pay (excluding holiday pay,
longevity, and rank pay), to be deducted from pay in 26 bi-weekly equal payments.
The employer shall pay the balance of all the total insurance premiums including
the cost of health and dental insurance coverage, for the commissioned officer and
their dependents. Effective at the signing of this Agreement the employee
premium shall increase to 1.5% until the Insurance Fund reaches a balance of
$250,000.00 or more, on April 30th of any contract year, at which time the
employee premium shall go back to 1.2% for the next contract year. At anytime
should the Insurance Fund balance drop below $100,000.00 the employee
premium shall increase to 1.8% until said fund reaches a balance of $200,000.00 at
which time the employee premium shall be 1.5% and follow the guidelines set forth
in the above sentence.
11.2 Coverage
The amount of the insurance coverage shall be at least as much as the coverage in
force at the signing of this Agreement. Term life insurance for a dependent child
over six (6) months of age shall be $1,000.00. Disability pay shall betwo-thirds
(2/3) of the Commissioned Officer's normal pay check but shall not in any instance
exceed a weekly disability payment of $450.00, 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.
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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 $250.00 aggregate amount of any such claim(s) for a commissioned officer
without dependents; or, $500.00 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 759
3. A Representative of A.F.S.C.M.E. Loca11372
4. A Representative ofNon-Represented Employees
5. A Representative of Management
6. A Representative of City Council
This committee shall be empowered to research and analyze the existing coverage
and benefits, as well as, available plans to recommend possible changes to and/or
additions to the existing plan. The committee shall only make recommendations to
modify the existing plan with a 2/3 majority vote of the committee. No
recommended change shall substantially change the benefit levels and coverage of
the existing plan. Also this committee will be empowered to hear complaints on
insurance payments. The City shall have the final authority on any recommended
changes or appeals on payments.
12. RETIREMENT INSURANCE
12.0 Life Insurance and Retirement Insurance
The insurance coverage for retired employees shall consist of the overall group
plan of Hospital, Health, Dental and Life insurance coverage. The amount of Life
Insurance shall be $20,000.00 prior to age 65 or retirement, at which time it shall
be reduced to $10,000.00. Provided, however, that if the amount of Life
Insurance provided to any other City employees or retirees of any other
department is increased above $20,000.00 and $10,000.00 respectively, during the
term of this Agreement, employees covered by this Agreement or retirees, as the
case may be, shall receive insurance coverage at least equivalent to that provided
by the City to any other City employee or retiree.
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12.1 Retired Commissioned Officers Before May 1, 1993
For commissioned officers who have retired before May 1, 1993 and who have
twenty (20) yeazs of service and who have reached fifty (50) yeazs of age, or who
have twenty-five (25) yeazs of service regazdless of age, the employer shall pay the
full amount of the applicable insurance premium. Premium payment shall be for
the retiree, retiree's spouse, and dependent children. Retired commissioned
officers who become reemployed where insurance coverage is provided by the new
employee shall be excluded from this provision. Upon attaining his age of
sixty-five (65) years, or such other age as Congress may subsequently determine,
this coverage shall terminate and the retired commissioned officer shall make
application to Medicare or to its successor program. The retired commissioned
officer shall have the option of purchasing Medicaze supplement insurance at his
expense through the City's group insurance carrier, if available.
12.2 Retired Commissioned Officers -After May 1, 1993
Commissioned officers who retire after May 1, 1993 and who have twenty (20)
yeazs of service and who have reached fifty (50) years of age, or who have twenty-
five (25) yeazs of service, regazdless of age and have become entitled to a pension
under the provisions of the Firemen's Pension Fund, shall pay the amount of
premium specified by the terms of Section 11.1 of this agreement as effective on
the date of Commissioned Officer's retirement on his/her annual pension (to be
paid in twelve (12) equal monthly payments). Premium payments shall be for the
retiree, retirees spouse, and dependent children. Retired commissioned 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) yeazs, or such other age as Congress may subsequently determine,
this coverage shall terminate and the retired commissioned officer shall make
application to Medicaze or to its successor program. The retired commissioned
officer shall have the option of purchasing Medicaze supplement insurance at his
expense through the City's group insurance carrier, if available.
12.3 DISABLED COMMISSIONED OFFICER AND SPOUSE AND DEPENDENTS
OF DECEASED COMMISSIONED OFFICER.
A permanently disabled commissioned officer and the surviving spouse and
dependent children of a deceased commissioned officer shall participate in the
City's insurance plan, but only to the extent specifically provided in the last four (4)
sentences of Section 12.1, above. This section shall apply only to spouses of
disabled/deceased commissioned officers who aze lawfully married to such
commissioned officer at the time the disability/death occurs.
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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 rate of thirty cents ($0.30) per mile for each mile necessarily traveled.
14. COMIVIISSIONED OFFICER TELEPHONE REQUIRED
Commissioned officer shall be required to have a telephone in their residence and
shall keep the Fire Chief advised in writing of such phone number and of any
changes thereto. Commissioned officers shall also be provided a pager which the
parties agree all commissioned officers now have. 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
employer 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
work scheduled different than those established for other members.
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16. MONTHLY DEPARTMENTAL MEETINGS
Routine departmental meetings of all commissioned officers may be called on a
monthly basis for the purpose of receiving and disseminating necessary
information.
16.1 Monthly Departmental Meetings
Employees attending monthly departmental meetings shall receive their straight
time hourly rate for all time spent in attendance at such meetings, subject to a
minimum payment of one and one-half (1 1 /2) hours at the employee's straight time
hourly rate.
16.2 Other 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 an 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 grievants) or one grievant representing
group grievants 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.
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17.3 Grievants) Responsibility
Although it is understood that grievants) are entitled to union representation
and/or one grievant may represent the alleged aggrieved parties; the grievants) are
still mandated to be present at all meetings/discussions held between all parties.
They may be excused from attendance if just cause is proven with agreement by
both parties.
17.4 Union Responsibility
It will be the responsibility of the representatives of I.A.F.F. Local 1897 to screen
all requests for grievance to determine legitimate cause.
17.5 Preliminary Oral Discussion
An attempt to resolve a grievance through oral discussion shall take place with the
shift commander and Fire Chief. All grievances must be presented no later than
ten (10) calendar days from the date the grievant knew or should have known of
the occurrence 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 day 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. All health and safety matters shall only be grieved through
Step 3 of the grievance procedure.
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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
P~Y•
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.
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17.11 Selection of Arbitrator
The azbitration proceeding shall be conducted by an azbitrator 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 azbitrator, 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 person from their
grievance azbitration panel, who aze 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 dift'erent grievance azbitration 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 azbitrator. FMCS shall be notified by the parties of the name of the
selected azbitrator, 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
azbitration heazing(s).
17.12 Court Reporter; Costs of Arbitration
A qualified court reporter shall be present at all azbitration hearings and shall make
a full and complete record thereof. The parties to the azbitration hearing shall
equally shaze the costs of such court reporter. Any party requesting a transcript of
the hearing shall beaz the cost thereof except that if both parties request a
transcript, they shall equally shaze 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 azbitrator shall be final and binding.
18. CHECK-OFF SYSTEM
Union dues or fair shaze 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.
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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 (Ill. Rev. Stat. 1985, ch. 24, 10-2.1-1 et sequi). Layoffs to
accomplish a reduction in the department rank structure shall be by seniority in the
rank to the next lower rank. Layoffs to reduce the size of the department shall be
by overall seniority in the department. Or, a combination of the foregoing may be
utilized, as, for example, in a reduction of both department size and rank structure.
Civilian employees of greater overall seniority may be laid off before less senior
commissioned officers are laid off.
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 (Ill. Rev. Stat. 1985, Ch. 24, 10-2.1-1 et sequi),
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.
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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 radius of the City, within 30 days after the expiration of such employee's
probationary period, if the employee is to continue employment with the City.
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 is 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.
20
23.6 Totality
The employer and union acknowledge that during the negotiations which resulted
in this agreement, both parties had the unlimited opportunity to present all
demands and proposals and that this agreement shall constitute the entire agree-
ment 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 organizational structure and selection of new
employees, examination techniques and direction of employees, and the total
number of employees employed. Furthermore, except as otherwise provided
elsewhere in the terms of this agreement, the employer shall retain the right to
promote, suspend, discipline or discharge employees with just cause, to lay off or
relieve employees from duty; to make, publish and enforce reasonable rules and
regulations; and to introduce new or improved methods, equipment or facilities,
provided that no right enumerated in this agreement shall be exercised or enforced
in a manner contrary to the provisions of this agreement.
23.9 Termination
This agreement shall be effective as of the First (1st) day of May 1996, and shall
remain in full force and affect through the 30th day of April 1999. 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 a neutral
arbitrator which will be done following the procedure set forth in Article 17.11 of
this agreement.
21
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 appro-
priation 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, 1996.
24. DISCIPLINE
"Discipline" shall mean suspension, verbal or written reprimand and termination
(not including layoffs). Discipline shall be fair, uniform, incremental, not arbitrary
and shall be designed to improve behavior, not punish it. The severity of the
discipline shall be determined by the severity of the offense and the officer's prior
work/ disciplinary history. All disciplinary actions which are not subject to
jurisdiction of the Board of Police and Fire Commissioners shall be subject to
review pursuant to Division 17 of this Agreement. No discipline shall be imposed
without just cause.
22
IN WITNESS WHEREOF, the pazties hereto have executed and delivered the
foregoing agreement in two duplicate copies, each of which is hereby declazed to
be an original for all purposes. Dated this 1st day of May, 1996.
For the City of Canton, Illinois
Mayor of he City of Canton, IL
ATTEST:
City Clerk
Its President
Its Vice President
,Its Secretary
23
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APPENDIX A
SALARY SCHEDULE
A. Firefighter Base Salary
Step Yeazs of Service
I.
II.
III.
IV.
V.
VI.
Starting Salary
Starting 2nd Yeaz
Starting 3rd Yeaz
Starting 4th Yeaz
Starting 7th Yeaz
Starting 10th Yeaz
B.
C.
Effective
May 1, 1996
$34,780/annual
D. Longevity Pay -Added to Top Salary Base
Effective
May 1, 1997
$23,390/annual
26,640/annual
28,200/annual
31,160/annual
31,970/annual
33,240/annual
Effective
May 1, 1997
$34,590/annual
Effective
May 1, 1997
$36,000/annual
a. 13-17 years $ 375/annual
b 17-21 yeazs 750/annual
c. 21-25 yeazs 1125/annual
d. 25 yrs. & over 1500/annual
e. * 20 yrs. & over 6000/annual
f. * 20 yrs. & over 7200/annual
* Payable as provided in Article 4.1 of this agreement.
Effective
May 1, 1996
$23,390/annual
25,730/annual
27,240/annual
30,100/annual
30,880/annual
32,110/annual
Lieutenant Base Salary
Effective
May 1, 1996
$33,420/annual
Assistant Fire Chief Base Salary
Effective
May 1, 1998
$23,390/annual
27,440/annual
29,050/annual
32,100/annual
32,930/annual
34,240/annual
Effective
May 1, 1998
$35,630/annual
Effective
May 1, 1998
$37,080/annual
24
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Letter of Understanding
Both I.A.F.F., Local 1897 and the City of Canton acknowledge that there is a twelve (12)
month window associated with Step F in the Longevity Schedule. This window begins on
the date of si g of this Agreement.
For the Union ~ DateCj--~~ q,(o
For the City ~~~,~,~~~~~ ~ Date _~- / ~' ~,~
con96.wps
25
Letter of Understanding
Both the I.A.F.F. Local 1897 and the City of Canton agree that for record keeping reasons
the changes in Articl/e 2 wi~ll~ not be implemented until the first pay period in November.
For the City ` E' ate ~-~ r ~ /`" ~
For the Union Date ~-~~ -9 ~
con96.wps
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