HomeMy WebLinkAboutResolution #3028s
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OF CAIVT~I, 1 LL I PD I S .
Vu-E~AS, the City of Canton, Illinois has entered into
negotiations with Council 31 on behalf of the City of Canton Police
Department, Local No. 759, American Federation of State, County and
Municipal Employees, relative to the establishment of rates of pay,
hours of work and other conditions of employment; and,
VYI-EF2EAS, the City Counc i l of the City of Canton, I l l i no i s has
reviewed the terms of the proposed agreement, a copy of which is
attached hereto and made a part hereof as Exhibit A; and,
W-fERF~4S, 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, TFfREFORE, BE I T RESOLVED 13Y TF-E C I TY OOIXVC I L OF TF-E CITY OF
C~1NTgV, Fulton County, Illinois as follows:
1. That the Agreement between the City of Canton and Council 31
on behalf of the City of Canton Police Department, Local No. 759,
American Federation of State, County and Municipal Employees, which is
attached hereto and made a part hereof as Exhibit A, is hereby
approved, said agreement to be subject to and effective pursuant to
the terms and conditions set forth therein.
2. That the Mayor and City Clerk of 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 the Resolution shall be in full force and effect
irm~ediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois, at a regular meeting this -L day of November , 1990
upon a roll call vote as follows:
AYES: Aldermen Chapman, May, Bohler, Sarff, Steck, -
Fu~ler, ~ovachevch. _ - -
NAYS: None,
ABSFJ~IT: Alderman PZeade .
~ .,
J ~~
Donald E. Edwards, Mayor
ATTEST
1 a c ~~Jh i to City Clerk
AGREEIvENT NO. 500
THIS AGREET/ENT MADE AND ENTERED INTO BY THE CITY OF CANTON APD TF-E
CITY OF CANTON POLICE DEPARTMENT, LOCAL ND. 759, AMERICAN FEDERATION
OF STATE, OOUNTY AND MUNICIPAL EMPLOYEES.
WITNESSETH
DIVISION 1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion
of harmonious relations between the City of Canton and Local No. 759;
the establishment of an equitable and peaceful procedure for the
resolution of differences; and the establishment of rates of pay,
hours of work and other conditions of employment.
1.1 Definition of Terms.
For the purposes of clarification, various terms
used in this contract are defined as follows:
1.1.1 "Commissioned Officer" shall mean an employee of
the City's Police 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.
1.1.2 "Civilian Employee" shall mean a full-time
employee of the City's Police Department who is not appointed to the
department by the City's Fire and Police Commission and is not subject
to said Commission's disciplinary action.
1.1.3 "Employee" shall mean a full time employee of
the City's Police Department who is a member in good standing of Local
No. 759, American Federation of State, County and Municipal Employees,
or, who is a nonmember paying dues thereto pursuant to Section 2.4 of
this Agreement.
1.1.4 "Employer" shall mean the City of Canton and may
be referred to as City.
1.1.5 "Fiscal year" shall mean the fiscal year of the
City of Canton which is the period of May 1 through April 30.
1.1.6 "Hourly rate" shall mean the annual salary
divided by 2080 hours.
1.1.7 "Probationary employee" shall mean any newly
hired or rehired full time employee of the Police Department who has
been hired or rehired for less than twelve (12) consecutive calendar
months.
1.1.8 "Union" shall mean the American Federation of
State, County and Municipal Employees, Local No. 759 and Council 31.
DIVISION 2 . REOOC-i~J I T I ON .
2.1 Bargaining Agent.
The employer recognizes the American Federation
of State, County and Municipal Employees as the sole, exclusive
bargaining agent for the purpose of establishing salaries, wages,
hours and other conditions of employment for employees of the Police
Department, both commissioned officers and other civilian employees.
2.2 Probation Period.
The employment of any employee of the Police
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 and the employer, during which
time such employees may be discharged by the employer for cause.
Nothing herein shall be construed, as to commissioned officers, to be
other than in conformity with the Illinois Fire and Police Commission
Act (III. Rev. Stat. 1985, Ch. 24, SS 10-2-2-1 et sequi).
2.3 Non-Appointive Personnel.
After the probationary period, civilian
employees may only be discharged for cause upon majority approval by
the City Council.
D I V I S I CN 3. HOURS OF 11btOF~C.
3.1 Regular Hours.
Except as otherwise provided, the regular hours
of work each day shall be consecutive except that they may be
interrupted by a lunch period.
3.2
Work Shift.
Except as otherwise provided, eight (8)
consecutive hours of work shall constitute a work shift. All
employees shall be scheduled to work on a regular work shift, and each
work shift shall have a regular starting and quitting time.
3.3 Work Week.
Except as otherwise provided, the work week
shall consist of five (5) consecutive eight hour days.
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3.4 Work Schedule.
Work schedules showing the employees' work days
and hours shall be posted on a department bulletin board at all times.
3.5
Shift Designation.
Except as otherwise provided, the 7A.M. to 3P.M.
shall be considered the first shift; the 3P.M. to 11P.M. shall be
considered the second shift; and the 11P.M. to 7A.M. shift shall be
considered the third shift of each day.
3.6 Reservation of Rights.
With respect to this Division 3, employer
reserves unto itself the exclusive right to unilaterally set regular
hours, work shifts, work weeks, shift designations and all matters
ancillary or relating thereto as the employer's requirements or public
safety may seem to require. To the extent not inconsistent therewith,
employer shall use its best efforts to comply with the optimum regular
hours, work shifts, work weeks, and shift designations set forth in
this Division 3.
DIVISION 4. WPUES.
4.1 Schedule.
Employees shall be compensated as provided in
the Wage and Longevity Schedule, which is attached hereto and made a
part hereof.
4.2 Pay Period.
The salaries and wages of employees shall be
paid weekly on every Friday, or the preceding Thursday if Friday falls
on a holiday. Payroll to include hours worked through the preceding
Saturday.
4.3 Wage Opener.
Employer and union shall, upon either giving the
other not less than thirty (30) days written notice prior to the start
of negotiations, enter into negotiations concerning the possibility of
raising commissioned officers salaries in year four of this agreement
if the city negotiates a pay raise of greater than 6°~ with any other
city union as to year four of this agreement; this requirement does
not include any arbitration award. However, nothing herein shall be
construed to require that either party agree to an increase in wages.
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DIVISION 5. VACATION.
Each employee of the City shall accumulate two
(2) calendar weeks (not to exceed ten (10) working days) vacation
leave with pay, based upon the employee's last hourly rate used to
calculate payroll, upon completion of a full year of service.
Employees shall be granted additional vacation leave on the employment
anniversary date when each of the following periods have been
attained: Employees, after three (3) years of continuous service,
shall be granted an additional calendar week of vacation (not to
exceed five (5) working days) each year. Employees after ten (10)
years of continuous service shall be granted an additional calendar
week of vacation (not to exceed five (5) working days) each year.
Employees, after fifteen (15) years of continuous service shall be
granted an additional calendar week of vacation (not to exceed five
(5) working days) per year.
1 year but less than 3 years - 2 weeks vacation
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
Vacations will be scheduled to meet the
operating requirements of the City with preference given to the
request of a commission officer 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 employee becomes
entitled thereto, unless the Police Chief makes a written request
during such anniversary year for extension to the office of the Mayor
who shall approve or disapprove 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 is discharged, retired, or
separated from the service of the employer for any reason, prior to
using vacation time due, shall be compensated in cash for the unused
vacation accumulated at the time of separation.
DIVISION 6. t-IOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all
employees: New Years Day (1 January), President's Day (3rd Mon. in
February), Good Friday, Independence Day (4 July), Thanksgiving Day
(4th Thurs. in Nov.), Memorial Day (last Monday in May), Labor Day
(1st Mon. in Sept.), Christmas Day (25 December), and, Veterans Day
(11 November).
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6.2 Holiday Pay.
Each employee shall receive and be paid a
"holiday" consisting of eight (8) hours of regular pay applicable to
each person, provided, however, that such employee shall be and remain
employed by the City both before and after applicable holiday.
6.3 Holidays Worked.
An employee's work day shall be determined by
the day on which his shift begins. Should the employee's shift begin
on a holiday designated in Section 6.1, and such a day is part of the
employee's regular work week, such employee shall receive and be paid
the holiday pay set forth in Section 6.2 in addition to eight (8)
hours at the rate of double time, making thereby a total entitlement
for such holiday worked of eight (8) hours at the rate of triple time.
6.4 Holiday Falling on Vacation or Regular Day Off.
If a holiday occurs during a vacation, employee
will receive an extra days' vacation or holiday pay, at the employee's
discretion. If the holiday occurs on a regularly scheduled day off,
the employee will receive eight (8) hours additional pay at the
straight time rate.
DIVISION 7 . S I CK A(`D PERSONAL HAYS .
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 employee 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 Chief of Police.
7.2 Computation of Sick/Personal Days - Non
Probationary Employees
All non-probationary employees shall begin each
fiscal year eligible for ten (10) work days of which five (5) may be
used as personal days when requested and approved in advance by the
Chief of Police and five (5) may be used as sick days.
7.3 Illness of Employee.
Use of sick leave shall only be
off duty, illness or exposure to contagious disease.
be governed by the following requirements in order to
pay during such sick leave. Employee must:
used for injury
Employees shall
be eligible for
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(a) Report promptly the reason for absence to
the on-duty shift commander or Chief of
Police.
(b) Keep the Chief of Police informed of
employee's condition if the absence is
more than three consecutive days duration.
7.4 Pay in Lieu of Personal Days.
Should a employee not use all or any of the five
(5) personal days, the employee 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 Chief of Police and of the
Mayor prior to the start of the next fiscal year.
7.5 Accrual of Personal Days.
Personal days shall not survive beyond the
fiscal year of accrual unless first approved in writing by the Chief
of Police 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 employee during the fiscal year, all unused days shall
be accrued. Employee may accrue up to a total of sixty (60) days.
Payment for up to 30 accumulated days shall be made upon termination
of employment.
7.7 Call In for Emergency Duty.
In the event that an employee is called for
emergency duty on any such day, the employee shall be paid for such
emergency duty at a straight time rate.
DIVISION 8. LEAVE.
8.1 Disability Leave.
If a employee becomes sick or injured off the
job and is temporarily disabled from performing his duty, the employee
shall be eligible to receive disability benefits under the City's Loss
of Time Insurance Policy.
8.2 Job Related Disability.
Any police officer, injured while performed
assigned tasks, shall be eligible for injury leave in compliance with
applicable State Statutes passed by the Illinois General Assembly and
approved by the Governor. The employee shall be responsible for
causing periodic reports to be submitted by the attending physician to
the City Clerk, on forms prescribed by the employer.
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8.3 Military Leave.
Employees shall be granted such leave in
accordance with the provisions of Chapter 24, Section 10-2.1-23 and
Section 10-2.1-24 of the Illinois Revised Statutes. (Ch. 24, III. Rev.
Stat.)
8.4 Bereavement.
Each employee shall be granted up to three (3)
calendar days of bereavement leave when a death occurs in the
employee's immediate family. (Immediate family shall include:
spouse, children, mother, father, brother, sister, current mother in
law, current father in law, grandparents, grandchildren, step
relatives, and legal guardian). Additional time may be granted when
reasonable justification is provided to the Chief of Police.
Bereavement leave shall be with pay for any regular scheduled work
days.
8.5 Miscellaneous Leave Policies.
The Chief of Police has the authority to approve
other leaves of absence without pay. Such leaves of absence shall be
requested by the employee, approved by the Chief of Police, and
reported to the Office of the Mayor. Other leaves of absence with pay
shall be authorized by the Mayor upon recorm~endation of the Chief of
Police. Action by the Mayor may be secured upon submission of an
approved request from the Chief of Police. No employee may be absent
without the permission of the Chief of Police.
DIVISION 9. SPECIAL PAY PROVISIONS.
9.1 Court Time.
Court time shall be paid at the regular hourly
rate for all hours outside the employee's regular shift. Employees
required to appear in Court other than in Canton shall be paid a four
(4) hour minimum for the time they are required to be in court and a
two (2) hour minimum for the time they are required to appear in City
Court in Canton. Employees shall be paid a two (2) hour minimum for
other activities which are court related.
9.2 Overtime.
Except as otherwise provided, employees
required to work in excess of eight (8) hours per day shall be paid at
the rate of one and one half (1 1/2) times for all hours worked in
excess of 45 minutes beyond the employee's regularly scheduled eight
(8) hour shift with a minimum of one (1) hour. Employees called in
for additional duty shall also be paid at one and one half (1 1/2)
times the regular rate, with a four (4) hour minimum. Call in time on
a holiday will be paid at double time, with a four (4) hour minimum.
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9.3 Call In for Breathalizer Test.
Employees called in to administer a
breathalizer test shall be paid at one and one half (1 1/2) times the
regular rate with a two (2) hour minimum.
9.4
Call In from Vacation..
Employees called in while on vacation
shall be paid at the rate of double time for all hours worked with a
minimum of four (4) hours.
9.5
rank higher than the
Police, or Mayor, o
temporary rank pay of
of such assignment.
management coverage.
Temporary Rank Pay.
When a employee is assigned to temporary
permanent rank of the employee, by the Chief of
r, in writing, such employee shall be granted
Ten Dollars ($10.00) per week during the period
Assignments shall be made to provide proper
9.6 Night Bonus.
Employees who work a regular eight (8)
hour night shift as part of their regular work week, shall receive and
be paid a night bonus of five percent (5%) added to the basic hourly
wage for each hour worked. For the purpose of this section, the term
"night shift" shall mean any eight (8) hour period between the hours
of 3:00 P.M. and 7:00 A.M, the day thereafter.
9.7 Compensatory Time Off
Compensatory time off my be given when
the employee has agreed to work in excess of the employee's regular
shift for compensatory time. Compensatory time off shall be
calculated at the rate of one and one half (1 1/2) time the hours
actually worked and may be accrued up to 96 hours. The employee may
use these hours under the same rules that govern personal days.
Should the employee not use his accrued hours by the end of the fiscal
year of accrual, employee shall be paid in lieu of the accrued hours.
Employee may request the survival of said hours beyond the fiscal year
of accrual by written request to the Chief of Police and the Mayor
during the fiscal year of accrual.
9.8 Overtime Rotation.
Overtime work shall be rotated among
all employees within the Department so far as is practical. An
overtime list shall be posted and maintained up to date by the Chief
of Police.
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9.9 Training.
Any employee authorized to attend a
training school shall be paid for time incident thereto at his regular
hourly rate.
D I V I S I CN 10 . CLOTH I~ AL LC~1UUVCE .
10.1 Annual Payment.
All employees shall be paid an annual
clothing allowance of $550.00 for regulation Policemen's clothing as
approved by the City Council. The payment of this amount shall be
made on the first pay day in May or as soon thereafter as practical.
10.2 Civilian Employees.
Civilian employees required to be in
uniform shall be paid an annual clothing allowance of $275.00 for
regulation clothing as approved by the City Council. The payment of
this amount shall be made on the first pay day in May of each year or
as soon thereafter as practical.
10.3 Probationary Employees Payment.
A probationary employee shall be paid
the clothing allowance at the time of his employment.
10.4 Probationary Employee -
Reimbursement - Termination.
In the event of the termination of a
probationary employee, for any reason whatsoever, such employee shall
reimburse to the employer for clothing allowance paid as follows: one
half shall be retained by the employee. 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.
10.5 Non-Probationary F~nployee -
Reimbursement - Termination
In the event of the termination for any
reason, except retirement, of a non-probationary employee, such
employee shall reimburse the employer on account of clothing allowance
paid as follows: Such employee shall reimburse the employer clothing
allowance paid in the current fiscal year of the employee's
termination that percentage amount of the clothing allowance paid in
such fiscal year which the remainder of such fiscal year existing at
the time of termination bears to the whole of such fiscal year.
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10.6
Reimbursement Deduction.
In every instance, the reimbursement
hereinabove due shall be deducted from such money amounts which may be
yet due and payable from and by the employer.
10.7
Equipment Furnished.
The City shall furnish all commissioned
officers with a sidearm, riot baton, flashlight, hat badge, breast
badge, rain coat and ballistic vest. The City further agrees that
replacement of same shall be made by the City when the Chief of Police
deems necessary.
DIVISION 11. (VEAL PERIOD.
All employees shall be granted a thirty
(30) minute lunch period during each work shift. Whenever possible,
the lunch period shall be scheduled at the middle of each shift,
provided, however, that the same shall never interfere with assigned
or emergency duties.
DIVISION 12.
12.1
EMPLOYEE' S I NSUR~VVCE .
Payment.
The employer shall pay the total health
insurance premiums for employees. Additionally, the employer shall,
at its exclusive option, provide a prescription card or designate a
local pharmacy authori2ed to fill prescriptions, all with the object
and intent that the employee shall pay only the employee's deductible
portion of the cost of the prescription at the time the prescription
is filled.
12.2
Coverage.
The limits of the insurance coverage
shall be at least as much as the limits of coverage in force at the
signing of this Agreement. Term life insurance for dependents over
six (6) months of age shall be $10,000.00; term life insurance for the
employee shall be $20,000.00. Disability pay shall be two thirds
(2/3) of the employee's normal pay check but shall not in any instance
exceed a weekly disability payment of $400.00, 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.
12.3 Employee Deductible.
Prior to payment of claims by or on
behalf of the employer in any given calendar year for any given
employee, (to include payments for employee's dependents), that
employee shall first be required to pay the first $100.00 aggregate
amount of any such claim(s) for a employee without dependents; or,
$200.00 aggregate for a employee with dependents.
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DIVISION 13. 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.
13.1 Retired Employee - 25 Years
of City Service
The employer shall pay the full amount
of the applicable insurance premium in the case of employee who have
twenty five (25) years of service and who, regardless of age, have
been entitled to a pension under the provisions of the Police Pension
Fund. Premium payment shall be for the retiree, retiree's spouse and
dependent children. Retired employee who become re-employed where
insurance coverage is provided by the new employer shall be excluded
from this provision. Upon attaining his age of sixty five (65) years,
or such other age as Congress may subsequently determine, this
coverage shall terminate and the retired employee shall make
application to Medicare or to its successor program. If available,
the retired employee shall, however, have the option of purchasing
Medicare supplement insurance at his expense through the City's group
insurance carrier, if available.
13.2 Retired employee - 20 Years
of Ciity Service.
The employer shalt pay the entire amount
of the applicable insurance premium in the case of employee who have
twenty (20) years of service and who have reached their respective age
of fifty (50) years and who, have become entitled to a pension under
the provisions of the Police Pension Funds. Premium payment shall be
for the retiree, retiree's spouse and dependent children. Retired
employees who become re-employed where insurance coverage is provided
by the new employer shall be excluded from this provision. Upon
attaining his age of sixty five (65) years, or, such other age as
Congress may subsequently determine, this coverage shall terminate and
the retired employee shall make application to Medicare, or, to its
successor program. The retired employee shall have the option of
purchasing Medicare supplement insurance at his expense through the
City's group insurance carrier, if available.
13.3 Disabled Employee and Spouse
and Dependents of Deceased Commissioned
Officer.
A permanently disabled employee and the
surviving spouse and dependent children of a deceased employee shall
participate in the City's insurance plan, but only to the extent
specifically provided in the last four (4) sentences of Section 12.1
above. This section shall apply only to spouses of disabled/deceased
employee who are lawfully married to such employee at the time of the
disability/death occurs.
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13.4 Employees with Early Retirement.
Employees entitled to payment of
insurance premiums under the above provision, shalt be subject to the
following limitation: If such employee chooses to retire under such
conditions that retirement benefits are reduced on account of early
retirement under provisions of the Illinois Municipal Retirement
Program, or Illinois Police Pension Fund, as applicable, then the
amount of insurance premium paid by the employer will be likewise
proportionately reduced, EXCEPTINa HOWEVER, the employer shall pay the
entire amount of the applicable premium of such insurance if the
employee has reached the age of 55 years, and has twenty (20) years of
service, and who retires eligible to receive retirement benefits under
the provisions of the Illinois Municipal Employees Retirement
Provisions.
DIVISICN 14.
TRAVEL ALLANANCE.
When a employee 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
(25) cents per mile for each mile necessarily traveled.
DIVISION 15.
STRESS DAY.
All commissioned o
one Sunday off per calendar month with pay as a
it is recognized that such officer is subject
without additional pay. With the prior consent
an officer's normal work week may, from time to
accommodate the stress day.
DIVISION 16.
fficers shall receive
stress day. However,
to emergency call in
of the Police Chief,
time, be modified to
EMPLOYEE TELEPH~f~E REQUIRED.
Employee shall be required to have a
telephone in their residence and shall keep the Chief of Police
advised, in writing, of such phone number and of any changes thereto.
DIVISION 17.
17.1
POLICE SHIFT OPENINa.
New Position Openings.
When an opening on a shift is created by
retirement, resignation, or discharge of an employee, such opening
will be conspicuously posted on the bulletin board at Police
Headquarters for a period of seven (7) days. During this period,
qualified employees who are interested in said opening shall make
knavn their interest, in writing, to the Chief of Police. The Chief
of Police shall give due consideration to the most senior employee
making such request when filling said position.
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17.2 Secondary Position Openings.
Secondary positions that may become open
due to the previous stated policy shall likewise be posted for a
period of three days.
DIVISION 18. DUTIES OF POLICE EMPLOYEES.
The duties of all employees shall be in
accordance with the state statute, city ordinances or resolutions, job
description, or, local custom, as the same may be promulgated from
time to time.
DIVISION 19.
M~N1'HLY DEPARINEI~1"fAL MEET I N3S .
Routine departmental meetings of all
employees may be called on a monthly basis for the purpose of
receiving and disseminating necessary information.
19.1
Payment.
Meetings shall be with pay, at straight
time, for a minimum of one (1) hour.
19.2 Schedule.
The Chief of Police shall notify all
employees of the department meeting at least one (1) week in advance.
19.3 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 employee is not on duty.
DIVISICN 20. SETTLEtv'ENT OF GRIEVANCES.
20.1 Purpose.
Amicable settlement of grievances
between e-r~loyer and employee is recognized in principle and with the
intention that the same shall be applied in practice to the fullest
extent possible.
20.2 Method.
Grievances shall first be referred to
the Police Chief, in writing, within ten (10) calendar days of the
date on which the employee knew or should have known of the event
giving rise to the grievance.. The Police 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
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Committee on Grievance, Negotiations and Personnel within seven (7)
calendar days after the response by the Police Chief is made. The
Committee shall thereafter meet with the aggrieved policemen and his
representative, if any, within fourteen (14) calendar days of
submission of he 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 assent,
this latter 14 day period may be extended by an instrument in writing
signed both by the aggrieved employee 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
P~ayor shall make written answer within seven (7) calendar days of
receipt of the written grievance.
20.3 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.
20.4 Authority of 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. The arbitrator shall be without power to make decisions
contrary to or inconsistent with any applicable ordinance, resolution
law or statute. The arbitrator shall make his decision strictly in
accordance with the rules of evidence applicable to the circuit courts
in Illinois as set forth in Section 17.10, shall determine the rights
of the parties according to law, shall make full and complete findings
of act and his award shall be based upon the preponderance of
competent evidence. The arbitrator may refer questions of law to the
Fulton County Circuit Court (Ninth Judicial Circuit) for
determination.
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. Nor, shall this
section be construed to be a delegation to the arbitrator of authority
to determine matters relating to the establishment of wages, hours of
employment, or working conditions.
14
20.5 Application of Evidence Rules.
The rules of evidence applicable to the
circuit courts in Illinois shall be applied to arbitration proceedings
hereunder as they are customarily applied in other administrative
hearing proceedings in the State of Illinois.
20.6 Make Up of Arbitrator.
The arbitrator shall be composed of
three persons who shall be picked in the following manner: Each of
the employer and the union shall submit separate lists of twelve
persons each. Names shall be stricken from the respective lists by
the other party with the Union striking the first name. The last
remaining name on each list shall be named as members of the
arbitration panel. Those two arbitration panel members shall then
agree upon a third, impartial panel member to complete the make up of
the arbitration panel. A majority vote of the arbitration panel shall
determine the issue(s). An abstention or refusal to vote by a panel
member shall be construed to be an "Aye" vote.
20.7 Court Reporter; Cost 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.
20.8 Interest or Negotiation Impasse
Arbitration.
Nothing in this Agreement shall ever be
interpreted to mean that the parties hereto have in any way hereby
agreed to "interest" or "Negotiation Impasse" arbitration. This
binding arbitration procedure is intended to provide a means of
finally resolving disputes or differences of opinion as to the
interpretation of this Agreement.
20.9 Effect of Arbitration.
Subject to the appeal procedure
hereinafter set forth, the decision of the arbitrator shall be final.
20.10 Appeal.
Any party may appeal the decision of the
arbitrator to any Court of competent jurisdiction. Implementation of
the arbitrator's decision shall be automatically stayed pending the
resolution of any such appeal.
15
20.11 Grounds for Appeal.
Grounds for appeal shall be those which
existed at common law, which the parties hereby agree were: Fraud,
corruption, evident partiality, that the arbitrator exceeded his
authority, irregularities in the proceedings which deprive a party of
a fair and impartial hearing, gross errors of law or fact, plain
mistake of law, and mistake of law (which the parties agree does not
have to be shown on the face of the award). Other grounds for appeal
shall be where: The award was procured by corruption, fraud or other
undue means; there was evident partiality by an arbitrator appointed
as a neutral or corruption in any one of the arbitrators or misconduct
prejudicing the rights of any party; the arbitrator exceeded his
power, the arbitrator refused to postpone the hearing upon sufficient
cause being shown therefore or refused to hear evidence material to
the controversy or otherwise so conduct the hearing as to
substantially prejudice the rights of a party.
20.12
Time for Appeal.
All appeals shall be filed within 30
days of the party's receipt of the arbitrator's written, final
decision. Receipt of the final, written decision shall be presumed 35
days after the date of the decision.
DIVISION 21. CHECK OFF SYSTEM AID UNION SECURITY.
21.1 Deductions.
The employer agrees to deduct from the
pay of those employees who individually request it any or all of the
following:
a) Union membership dues, assessment, or fees;
b) Union sponsored benefit programs;
c) P.E.O.P.L.E. contributions.
Request for any of the above shall be
made on a form agreed to by the parties.
Upon receipt of an appropriate written
authorization from an employee, such authorized deductions shall be
made in accordance with law. The aggregate deductions of all
employees and a list of their names, addresses and social security
numbers shall be remitted semi-monthly to the union at the address
designated in writing to the employer by the union. The union shall
advise the employer of any increase in dues or other approved
deductions in writing at least fifteen (15) days prior to its
effective date.
All employees covered by this Agreement
who have signed union dues checkoff cards for AFSCIVE prior to the
effective date of this agreement or who signed such cards after such
date shall not be allowed to cancel such dues deduction within the
term of this agreement.
16
21.2 Availability of Cards.
The employer shall make available union
deduction cards to employees. Such cards shall be supplied by the
union.
21.3 Fair Share Deductions.
Employees covered by this agreement who
are not members of the union paying dues by voluntary payroll
deduction shall be required to pay in lieu of dues, their
proportionate fair share of the costs of the collective bargaining
process, contract administration and the pursuance of matters
affecting wages, hours and conditions of employment in accordance with
the applicable Labor Relations Act. The -fair share payment, as
certified by the union, shall be deducted by the employer from the
earnings of the non-member employees. The aggregate deductions of the
employees and a list of their names, addresses and social security
numbers shall be remitted semi-monthly to the union at the address
designated in writing to the employer by the union. The union shall
advise the employer of any increase in fair share fees in writing at
least fifteen (15) days prior to its effective date. The amount
constituting each non-member employee's share shall not exceed dues
uniformly required to union members.
21.4 Religious Exemption.
Should any employee be unable to pay
their contribution to the union based upon bona fide religious tenets
or teachings of a church or religious body of which such employee is a
member, such amount equal to their fair share shall be paid to a
non-religious charitable organization mutually agreed upon by the
employee affected and the union. If the union and the employee are
unable to agree on the matter, such payments shall be made to a
charitable organization from an approved list of charitable
organizations. The employee will on a monthly basis furnish a written
receipt to the union that such payment has been made.
21.5 Notice and Appeal.
The union agrees to provide notices and
appeal procedures to employees in accordance with applicable law.
21.6 Indemnification.
The union shall indemnify, defend, and
hold the employer harmless against any claim, demand, suit or
liability arising from any action taken by the employer in cormlying
with this Division 21, or, any portion thereof.
17
DIVISION 22. ACCRUAL AND FORFEITURE OF SENIORITY.
All employees shall be given seniority
beginning with the date of employment 4vith the department. fvtonths of
layoff do not count toward seniority. Temporary full time employees
shall be allowed credit for seniority for continuous past months
service if hired on a permanent basis without a lapse in employment.
the following reasons:
Seniority shall be forfeited for any of
1. Employee resigns.
2. Employee is discharged for cause.
DIVISION 23 LAYOFFS.
23.1 Notice to be Given.
Any commissioned officer or civilian
employee may be laid off for lack of work or funds without reflection
on the commissioned officer's or civilian employee's standing. At
least two (2) weeks notice of the effective date of a layoff shall be
given each employee affected thereby.
23.2 Order to be Followed When Laying Off.
Commissioned officers shall be laid off
in conformity with the Illinois Fire and Police Commission Act (III.
Rev. Stat., Ch. 24, SS 10-2.1-1 et sequi). Layoffs of commissioned
officers to accomplish a reduction in the department rank structure
shall be by seniority in rank. Layoffs of commissioned officers 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 shall be laid off by
reference to overall departmental seniority within the class of
departmental civilian employees. Civilian employees of greater
overall seniority may be laid off before less senior employees are
laid off.
23.3 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 (III. Rev. Stat., Ch. 24, SS 10-2.1-1 et sequi), that is to say,
by inverse order of layoff.
Civilian employees shall be recalled by
the inverse order of layoff within the class of civilian employees.
18
Commissioned officers laid off at a
later date may be recalled before civilian employees laid off at an
earlier date.
DIVISION 24 EDUCATION EXPENSE.
The City shall reimburse the employee
for tuition and books required for attending any job related course or
for attending any course required for a job related degree, in the
amount not reimbursed by other agencies, provided such was approved in
advance by the Chief of Police. The above requirement would be
contingent upon the successful completion of such course.
DIVISION 25 RESIDENCY REQUIREivIENT.
Any employee shall become a resident of
the City of Canton, or reside within a ten (10) mile radius of the
City, within thirty (30) days after expiration of such employee's
probationary period, if the employee is to continue as an employee of
the City.
DIVISION 26 GENERAL PROVISIONS.
26.1 All benefits provided hereunder shall
remain in full force and effect for the term of this Agreement.
26.2 Nothing in this Agreement shall be
construed to negate the status of the employer as a municipal employer
and any provisions hereof which, be 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.
The employer specifically reserves to
itself, without limitation, the power to unilaterally and in its sole
discretion, eliminate, abolish, alter, organize, reorganize,
consolidate, or merge the police department, or any rank position,
job, or job function now in existence or which may hereafter be
created. Further it is not the intention of either the employer or
the union that the employer transfer or delegate any municipal power,
function, privilege, or authority of control any of the same to the
union, the city's employees, or to any third party or person.
26.3 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.
19
26.4
Titles or Headings.
Any titles or headings in this Agreement
are inserted solely for the convenience of reference and shall not be
deemed to limit or affect the meaning, construction or effect of any
provision of this Agreement.
26.5
Totality.
The employer and union acknowledge that
during the negotiations which resulted in this agreement, both parties
had the unlimited opportunity to present all demands and proposals and
that this Agreement shall constitute the entire agreement between the
parties for its duration.
26.6 Conflict with Existing Policies or
Regulations.
If there is a conflict between an
existing city policy or regulations and an expressed term or provision
of this Agreement, the term or provision of this agreement shall
apply.
26.7 Termination.
This Agreement shall be effective for
the entire period of the fiscal years 1990-1991, 1991-1992, 1992-1993,
and 1993-1994 of the employer. At the end of that time, it shall
terminate, and shall be of no effect, unless agreed to otherwise by
both parties in writing.
26.8
Contingency.
This agreement is not an appropriation
and it is recognized by all parties that all monetary considerations
in this agreement shall become effective upon adoption of the
appropriation ordinance and budget by the City Council.
26.9 Effective and Termination Date of
Agreement.
All provisions and benefits of this
Agreement shall be effective upon signing by both parties, with all
provisions retroactive to May 1, 1990; subject to this Division 26,
this agreement shall terminate at 12:00 P.M., local time, on April 30,
1994.
20
i
IN WITNESS VVI-EREOF, the parties hereto
have executed and delivered the foregoing Agreement in two duplicate
originals, each of which is hereby declared to be an original for all
purposes. Dated th i s ~.~ ~'~ day of l~av~m b~-n 1990.
CITY CAf~I'I"ON, ILLINOIS
C~ -~
Mayor of he ity of Canton, Illinois
ATTEST : \../'!
City erk
or the Union
Its President.
/C~
Its Vice President.
Its Secretary
21
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