HomeMy WebLinkAboutResolution #3191-A
AGREEMENT # 1993
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON
AND THE CITY OF CANTON FIRE DEPARTMENT, LOCAL NO. 1897, INTERNA-
TIONAL 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 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 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 afull-time employee of the City's Fire Department who
is a member in good standing of Local No. 1897, International Association of
Fire Fighters.
1.5 "Employer" shall mean the City of Canton and 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.
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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 Commission Act. Prior to dismissal, Fire Chief shall notify probationer
of reason for dismissal and meet to discuss said reasons. This decision is not
subject to the grievance procedure.
3. HOURS OF WORK
Employees covered by the terms of this agreement who work within the Fire
Department shall be assigned to a regular duty shift. The regular hours of
duty shall be 24 consecutive hours on duty, staring at 7:00 a.m. and ending the
following 7:00 a.m. The on-duty tour of duty shall be immediately followed by
48 consecutive hours off-duty. The employer agrees to comply with the Fair
Labor Standards Act [FLSA] and further agrees that all bargaining unit
employees are eligible for FLSA overtime. For the purpose of FLSA overtime,
a work cycle or work period shall consist of 21 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.
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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 E. Employees who meet the
following requirements shall qualify for and be placed in Step E:
(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 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 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 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 years - 2 weeks vacation (not to exceed 6 working days)
3 years but less than 10 years - 3 weeks vacation
10 years but less than 15 years - 4 weeks vacation
15 years or over - 5 weeks vacation
For employees hired after May 1, 1993, the following vacation schedule shall
apply:
1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days)
3 years but less than 10 years - 3 weeks vacation
10 years or over - 4 weeks vacation
Vacations will be scheduled to meet the operating requirements of the City
subject to approval of the Fire Chief with preference given to the request of a
commissioned office with seniority whenever possible.
5.1 Accumulation of Vacation Time
Vacation time shall be used during the anniversary year of the employee
during which a commissioned officer becomes entitled thereto, unless the Fire
Chief makes a written request during such anniversary year for extension to
the office of the Mayor who shall approve or disapprove the same. When
vacations cannot be granted during the anniversary year, pay in lieu thereof
may be given if mutually agreeable.
5.2 Vacation Rights in Case of Layoff or Separation
Any employee who retires or separates from service of the Employer for
reasons other than discharge, prior to using vacation time due, shall be
compensated in cash for the unused vacation accumulated at the time of
separation. Employees who are discharged from service shall not be paid any
unused but accumulated vacation time due.
6. HOLIDAYS
6.1 Days Designated
The following days are holidays with pay for all commissioned officers: New
Year's Day (1 January), 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).
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6.2 Holiday Pay
Each commissioned officer shall receive and be paid holiday pay consisting of
4.5~Io of said officer's base pay. This holiday pay shall be paid in 26 bi-weekly
equal payments.
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 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.
7.3 Illness of Commissioned Officer
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. Comm-
issioned 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.
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7.5 Accrual of Personal Days
Personal days shall not survive beyond the fiscal year of accrual unless first
approved irY wrning by the r'1re l.n1e1 and the IVayor 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 accumula-
tion of not more than thirty (30) days shall be made upon termination of
employment. 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 Trading Time
Any employee who wishes to trade time, may do so with prior notification of
his/her shift commander. Trading time shall be arranged so as not to interfere
with the normal operation of the Fire Department, and with the approval of
the Fire Chief which shall not be unreasonably denied. The City shall not be
responsible for keeping track of time traded, nor shall time traded affect FLSA
overtime.
8. Leave
8.1 Disability Leave
If a commissioned officer becomes sick or injured off the job and is temporarily
disabled from performing his/her duty, the commissioned officer shall be
eligible to receive disability benefits under the City's Loss of Time Insurance
Policy.
8.2 Job Related Disability
Any commissioned officer, injured while performing assigned tasks, shall be
eligible for injury leave in compliance with applicable State Statutes. The
commissioned officer shall be responsible for causing periodic reports to be
submitted by the attending physician to the City Clerk and Fire Chief, on
forms prescribed as may be required. Any expense incurred, in supplying
these reports, will be born by the City.
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8.3 Military Leave
Commissioned officers shall be granted such leave in accordance with the
provisions of Chapter 24, Section 10-2.1-~8 and Section 10-2.1-G4 of the iilinois
Revised Statutes.
8.4 Bereavement
Each commissioned officer shall be granted one (1) work shift of bereavement
leave when a death occurs in the commissioned officer's immediate family.
(Immediate family shall include: spouse, children, mother, father, brother,
sister, mother-in-law, father-in-law, 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.
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.
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.
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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 and a
maximum of ten (10) hours.
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, by the Fire Chief,
Mayor, or Fire and Police Commission, in writing, such commissioned officer
shall be granted temporary additional duty pay often dollars ($10.00) per week
during the period of such assignment. Assignments shall be made to provide
proper management coverage. It is recognized that no such assignments shall
be made for less than one week.
9.6 Drivers' Pay (Effective until May 1, 1994)
Commissioned officers, when driving an emergency vehicle, other than the fire
car, shall be paid a drivers' pay of $3.00 per response when the officer in
charge determines same to be an emergency run.
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 1/2) times the hours actually worked and maybe 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, commissioned
officer shall be paid in lieu of the accrued time up to a maximum of ninety-six
(96) hours. Commissioned officer may request the continued accrual of said
hours by written request to the Fire Chief.
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.
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.
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9.10 Training
Any commissioned officer directed to attend a training school shall be paid for
the time irYCident t,ereto in accordance with the t~ air Labor Standards Act.
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 or as soon
thereafter as practical.
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 may be 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 a helmet, Nomex coat
with liner, boots, bunker pants, bunker boots and gloves. 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. COMMISSIONED OFFICERS' INSURANCE
11.1 Payment
The employee shall pay 1.2% of said employee's base 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.
11.2 Coverage
The amount of the insurance coverage shall be at least as much as the
coverage in force at the signing of this Agreement. Term life insurance for a
dependent child over six (6) months of age shall be $1,000.00. Disability pay
shall be two-thirds (2/3) of the Commissioned Officer's normal pay check but
shall not in any instance exceed a weekly disability payment of $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.
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 $100.00 aggregate amount of any such claim(s) for a
commissioned officer without dependents; or, $200.00 aggregate for a
commissioned officer with dependents.
Effective May 1, 1995, the deductible will be $250.00 for employee, and $500.00
for employee 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 759
3. A Representative of A.F.S.C.M.E. Local 1372
4. A Representative of Non-Represented Employees
5. A Representative of Management
6. A Representative of City Council
This committee shall be enpowered 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
enpowered 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.
12.1 Retired Commissioned Officers Before May 1, 1993
For commissioned officers who have retired before May 1, 1993 and who have
twenty (20) years of service and who have reached fifty (50) years of age, or
who have twenty-five (25) years of service regardless of age, the employer shall
pay the full amount of the applicable insurance premium. Premium payment
shall be for the retiree, retiree's spouse, and dependent children. Retired
commissioned officers who become reemployed where insurance coverage is
provided by the new employee shall be excluded from this provision. Upon
attaining his age of sixty-five (65) years, or such other age as Congress may
subsequently determine, this coverage shall terminate and the retired
commissioned officer shall make application to Medicare or to its successor
program. The retired commissioned officer shall have the option of purchasing
Medicare supplement insurance at his expense through the City's group
insurance carrier, if available.
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12.2 Retired Commissioned Officers -After May 1, 1993
Commissioned officers who retire after Mav 1, 1993 and who have twenty (20)
years of service and who have reached fifty (50) years of age, or who have
twenty-five (25) years of service, regardless of age and have become entitled to
a pension under the provisions of the Firemen's Pension Fund, shall pay a
premium of 1.2% of 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) years, or such
other age as Congress may subsequently determine, this coverage shall
terminate and the retired commissioned officer shall make application to
Medicare or to its successor program. The retired commissioned officer shall
have the option of purchasing Medicare supplement insurance at his expense
through the City's group insurance carrier, if available.
12.3 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 are lawfully married
to such commissioned officer at the time the disability/death occurs.
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 twenty-five cents ($0.25) per mile for each mile
necessarily traveled.
14. COMMISSIONED 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 and shall be
required to wear at all times when outside their residence. The employer will
page an employee for overtime, allowing said employee five minutes to contact
the fire department by telephone before moving to the next person, except in
emergency situations.
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.
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15.1 Assistant Chiefs
Having unique management responsibilities, Assistant Chiefs may he assicned
to work scheduled dilrerent than tnose established for other members.
15.2 Trained Volunteers
Recognizing that the Fire Chief may, from time to time, utilize trained
volunteers for general duties, they shall be bound by the same code of ethics
and responsibilities as a regular commissioned officer. Volunteers shall only
be used for regular duty when the vacancy they fill exceeds three (3) full work
shifts.
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
straight time hourly rate for all time spent in
subject to a minimum payment of one and
employee's straight time hourly rate.
16.2 Schedule
meetings shall receive their
attendance at such meetings,
one-half (1 1/2) hours at the
The Fire Chief shall notify all commissioned officers of the department meeting
at least one (1) week in advance.
16.3 Other Meetings
No provision of this Section shall be construed to prohibit the calling of a
departmental 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.
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.
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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 repre-
senting 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.
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 189? 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.
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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 otiicer 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.
17.7 Arbitration
If, after the foregoing grievance process has been fully completed, the grievance
yet subsists, either party may invoke binding arbitration within seven (7)
calendar days of the Mayor's written answer by giving written notice of
referral to the other party.
17.8 Authority of the Arbitrator
The authority of the arbitrator is specifically limited to the interpretation of
the terms of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted to him in writing by the City and the Union, and shall
have no authority to make a decision on any other issue not so submitted.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this Agreement. This section relating to
binding grievance arbitration shall not be interpreted to in any way constitute
a delegation of any power or jurisdiction from the Police and Fire Commission
to the arbitration process.
17.9 Time Limits
If a grievance is not appealed within the time limits for appeal set forth above,
it shall be deemed settled on the basis of the last answer of the City, provided
that the parties may agree to extend any time limits. If the City fails to
provide an answer within the time limits so provided, Local 1897 may
immediately appeal to the next step.
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17.10 Discussion and Investigation
All grievance discussions and. investigations shall take place in a manner
which avoids unreasonable ititerierence with the employee's assigned duties
and the City operations.
Employee Committee members and Local 1897's legal counsel may examine
records and employer files relevant to the investigation of a grievance upon
receiving permission from the Fire Chief or his designee. The Chief may refer
the request to the Mayor. Neither the Chief nor the Mayor shall unreasonably
withhold the permission.
17.11 Selection of Arbitrator
The arbitration proceeding shall be conducted by an arbitrator to be selected
by~the employer and the union within 7 business days after notice has been
given. If the parties fail to agree to the selection of an arbitrator, the Federal
Mediation and Conciliation Service (FMCS) shall be requested by either or
both parties to submit simultaneously to both parties an identical list of 7
names of person from their grievance arbitration panel, who are residents of
Illinois, and members of the National Academy of Arbitrators. The employer
and the union shall each have one opportunity to request the submission of a
different grievance arbitration panel meeting the same requirements. Once a
panel has been accepted, each party shall have the right to strike 3 names
from the list.; A toss of a coin shall determine which party will first strike one
(1) name; the other party shall then strike one (1) name. The process will be
repeated twice more and the remaining named person shall be the arbitrator.
FMCS shall be notified by the parties of the name of the selected arbitrator,
who shall be notified by the FMCS of his/her selection and request the
scheduling of a mutually agreeable date for the commencement of the
arbitration hearing(s).
17.12 Court Reporter; Costs of Arbitration
A qualified court reporter shall be present at all arbitration hearings and shall
make a full and complete record thereof. The parties to the arbitration hearing
shall equally share the costs of such court reporter. Any party requesting a
transcript of the hearing shall bear the cost thereof except that if both parties
request a transcript, they shall equally share the total cost thereof.
17.13 Effect of Arbitration
Subject to the appeal procedure set forth by the Uniform Arbitration Act, the
decision of the arbitrator shall be final and binding.
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.
16
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
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.
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.
17
22. RESIDENCY REQUIREMENT
Any employee shall become a resident of the City of Canton, or reside within
a i;en-mile radius of the Guy, within 3U 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.
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 agreement between the parties for its duration, unless mutually
agreed upon by both parties.
23.7 Conflict with Existing Policies or Regulations
If there is a conflict between an existing City policy or regulation and an
expressed term or provision of this agreement, the term or provision of this
agreement shall apply.
18
23.8 Managements' 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 1993, and
shall remain in full force and affect through the 30th day of April 1996. 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.
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,
1993.
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.
19
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 1st day of May, 1993.
For e City of Canton, Illinois
~~
Mayor of the City o Canton, IL
ATTEST: ~
City C erk
Its President
Its Vice President
.., r~ ~. ~-vr- -~--~-~.~~~~~ ,Its Secretary
20
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't'L1Vljlli r-~ ~~uI1L1I7U8C1)
A.
Step
I.
II.
III.
IV.
V.
VI.
B
C.
D.
*
**
***
Firefighter Base Salary
Years of Service
Starting Salary
Starting 2nd Year
Starting 3rd Year
Starting 4th Year
Starting 7th Year
Starting 10th Year
Lieutenant Base Salary
SALARY SCHEDULE
Effective
May 1, 1994
$ 22,590/annual
23,900/annual
25,300/annual
27,960/annual
28,680/annual
29,820/annual
Effective
May 1, 1994
$ 31,040/annual
Assistant Fire Chief Base Salary
Effective
May 1, 1994
$ 32,300/annual
Longevity Pay -Added to Top Salary Base
a.* 13-17 years $ 375/annual
b.* 17-21 years 750/annual
c.* 21-25 years 1125/annual
d.** 25 yrs. & over 1500/annual
e.*** 20 yrs. & over 6000/annual
Effective
May 1, 1995
$ 23,390/annual
24,740/annual
26,190/annual
28,940/annual
29,690/annual
30,870/annual
Effective
May 1, 1995
$ 32,130/annual
Effective
May 1, 1995
$ 33,440/annual
Effective May 1, 1994.
Effective May 1, 1995.
Not payable to employees who have previously received payments in step e.
Payable as provided in Article 4.1 of this agreement.
21
APPENDIX B
All participants in the Insurance Fund, not covered by a collective bargaining
agreements, will make the same contribution (t~rticle 11.1) to said fund. As covered
participants agreements expire, they shall also make the same contribution to said
fund. If the conditions of this appendix are not adhered to, the employer shall pay
all of the total insurance premiums, including the cost of health and dental insurance
coverage for the participants and their dependents, except for persons who have
retired before May 1, 1993.
22
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 E in the Longevity Schedule. This window
begins when a commissioned officer reaches the age of fifty (50) and has the required
twenty (20) years of service with the Canton Fire Department. For commissioned
officers who already meet these requirements, the window starts on the date this
agreement is signed
For the Union ~ ~ti ~~~~~ ~ ~~ Date ~ - ~' -~
For the City _ ~~~~,.~~ Date 9-- ~ -~ 9-~
confix.993
23
Letter of Understanding
Both I.A.F.F., Local 1897 and the City of Canton acknowledge that the following
changes will be made to the health insurance plan:
1. The establishment of a "Preferred Provide Agreement" (PPA) with Graham
Hospital and one Peoria hospital.
2. The establishment of a "Preferred Provider Agreement (PPA) for a prescription
drug card.
3. Increase the out of pocket expense limit from $500.00 to $1000.00, excluding
the deductible.
4. FY 93-94 - In-patient hospitalization will come under the deductible.
5. FY 94-95 -All benefits will come under the deductible.
~._.._
For the Union ~
For the City ~
confix.993
Date ~1--1-9 3
Date ~ -p
24