HomeMy WebLinkAboutResolution #2022RESOLUTION NO. 202
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
THE CITY OF CANTON FIRE DEPARTMENT, LOCAL N0. 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY OF CANTON.
WHEREAS, the City of Canton, Illinois has entered into
negotiations with 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 agreement, 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 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 therein.
2. That the Mayor and the City Clerk of the Cit 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
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 5th day of Jan»a.r~_-
1988, upon a roll cal vote as follows:
AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May,
Chapman.
NAYS: None.
ABSENT: Alderman P~eade i
APPROVED : ~ - ~~/ t: Z~.-2' ,
MAYOR.
ATTEST: ~ ~(-'1't,~-L ~~'~~1,,~,J.~
CIT CLERK.
.~
• AGREEMENT # 485
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE
CITY OF CANTON FIRE DEPARTMENT, LOCAL N0. 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS.
WITNESSETH
1. PDRPOSE 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 us 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 fulltime employee of the City's Fire
Department who is a member in good standing of Local No. 1897,
International Association of Fire Fighters.
1.5 "Employer" shall mean the City of Canton and may be referred to
as City.
1.6 "Fiscal year" shall mean the fiscal year of the City of Canton,
May 1 through April 30.
1.7 "Hourly rate" shall mean the annual salary divided by 2080
hours.
1.8 "Probationary employee" shall mean any newly hired or rehired
full-time employee of the Fire Department who has been hired
or rehired for less than twelve (12) consecutive calendar
months.
1.9 "Union" shall mean the International Association of Fire
Fighters, Local No. 1897.
2. 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 r^ire Department,
exclusive of part-time and volunteer firemen, 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 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 (I11. Rev.
Stat. 1985, Ch. 24, §10-2-2-1 et sequi).
3. HOURS OF WORK.
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, twenty-four (24) consecutive
hours of work shall constitute a work shift. All
commissioned officers 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, each commissioned officer shall
be scheduled for one (1) work shift on duty and two (2) work
shifts off, throughout the week for an average of fifty-six
(56) hours per week.
3.4 Work Schedule.
Work schedules showing the commissioned officers' work days
and hours shall be posted on a department bulletin board at
all times.
3.5 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.
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4 . WAGES .
4.1 Schedule.
Commissioned officers shall be compensated as provided in the
Wage Schedule, which is attached hereto and made a part
hereof.
4.2 Pay Period.
The salaries and wages of employees shall be paid bi-weekly on
every other Friday, or the preceeding Thursday if Friday falls
on a holiday. Payroll to include hours worked through the
preceeding Saturday.
5. VACATION.
Each commissioned officer of the City shall accumulate two (2)
calendar weeks (not to exceed six (6) working days) vacation
leave with pay, based upon the commissioned officer's last
hourly rate used to calculate payroll, upon cornpletion of a
full year of service. Commissioned officers shall be granted
additional vacation leave on the employment anniversary date
when each of the following period have been attained:
Commissioned officers, after three (3) years of continuous
service, shall be granted an additional calendar week of
vacation (not to exceed three (3) working days) each year.
Commissioned officers after ten (10) years of continuous
service shall be granted an additional calendar week of
vacation (not to exceed three (3) working days) each year.
Commissioned officers, after fifteen (15) years of continuous
service shall be granted an additional calendar week of
vacation (not to exceed three (3) 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
commissioned officer with seniority whenever possible.
5.1 Accumulation of Vacation Time.
x
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 extention 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 Commissioned officer 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.
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5. HOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all commissioned
officers: New Years Day (1 January), Good Friday,
Independence Day (4 July), Thanksgiving Day (4th Thurs. in
Nov.), Memorial Day (last Monday in May), Labor Day (lst Mon.
in Sept.), Christmas Day (25 December), and, Veterans Day (11
November).
6.2 Holiday Pay.
Each commissioned officer shall receive and be paid a
"holiday" consisting of eight (8) hours of regular pay
applicable to each person, provided, however, that such
commissioned officer shall be and remain employed by the City
both before and after applicable holiday.
6.3 Holidays Worked.
A commissioned officer's work day shall be determined by the
day on which his shift begins. Should the commissioned
officer's shift begin on a holiday and such day is part of the
commissioned officer's regular work week, such commissioned
officer shall receive and be paid the holiday pay in addition
to eight (8) hours straight time rate, thereby totaling 16
hours at straight time rate.
6.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, commissioned officer
will receive an extra day's vacation or holiday pay, at the
commissioned officer's discretion. If the holiday occurs on a
regularly scheduled day off, the commissioned officer will
receive eight (8) hours additional pay at the straight time
rate.
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 (~) day of personal leave and one-half (~) 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 s ick days .
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7.3 Illness of Commissioned Officer.
Use of sick leave shall only be used for injury off duty,
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.
Commissioned officer 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. 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 two (2) hours.
8. LEAVE.
8.1 Disability Leave.
If a commissioned officer becomes sick or injured off the job
and is temporarily disabled from performing his 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
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applicable State Statutes passed by the Illinois General
Assembly and approved by the Govenor. The commissioned
officer shall be responsible for causing periodic reports to
be submitted by the attending physician to the City Clerk, on
forms prescribed by the latter, as may be required.
8.3 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.
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, and father-in-law). An .?~ddition~~l 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 Chier 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 the 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 two (2) 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 and a maximum of ten (10) 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, by the Fire Chief, Mayor, or, Fire and
Police Commission, in writing, such commissioned officer shall
be granted temporary additional duty pay of Ten Dollars
($10.00) Dollars 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.
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~) 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, 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 Training.
Any commissioned officer authorized to attend a training
school shall be paid for time incident thereto at his regular
hourly rate.
10. CLOTHING ALLOWANCE.
10.1 Annual Payment.
All commissioned off
allowance of $288.49
approved by the City
be made on the first
practical.
icers shall be paid an annual clothing
for regulation Firemen's clothing as
Council. The payment of this amount shall
pay day in May or as soon thereafter as
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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 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 hereinabove due shall be
deducted from such money amounts which may be yet due and
payable from and by the employer.
10.6 Equipment Furnished.
The City shall fur;
helmet, Nomex coat
boots and gloves.
equipment shall be
the Fire Chief and
replacement.
zish all commissioned officers with a
with liner, boots, bunker pants, bunker
The City further agrees that the above
in good and safe condition as determined by
City shall be responsible for necessary
11. COMMISSIONED OFFICER'S INSURANCE.
11.1 Payment.
The employer shall pay all of 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.
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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 officer's 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.
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
$10,000.00 prior to age o5 or retirement, at which time it
shall be reduced to $3,000.00. Provided however, that if the
amount of Life Insurance provided to any other City employees
or retirees of any other department is increased above
$10,000.00 and $3,000.00 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 - 25 years of City Service.
The employer shall pay the full amount of the applicable
insurance premium in the case of commissioned officer who have
twenty-five (25> years of service and who, regardless of age,
have become entitled to a pension under the provisions of the
Firemen's Pension Fund. Premium payment shall be for the
retiree, retiree's spouse and dependent children. Retired
commissioned officers 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
(b5) 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.
12.2 Retired Commissioned Officers - 20 years of City Service.
The employer shall pay the entire amount of the applicable
insurance premium in the case of such commissioned officers
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 Firemen's
Pension Fund. Premium payment shall be for ttie retiree,
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retiree's spouse and dependent children, Retired commissioned
officers who become re-employed where insurance coverage is
provided by the new employer shall be excl~zded from this
provision. Upon attaining his age of sixty-five ('05) 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 insura_nc? plar_, 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
(22~) cents 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,
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.
15.2 Trained Volunteers.
Recognizing that the Fire Chief may, from time to time utilize
trained volunteers for general duties, they skull be bound by
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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.
15. 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 (lit) hours at the employee's straight time
hourly rate.
16.2 Schedule.
The Fire Chief shall notify all commissioned officers of the
department meeting at least one (1) week in advance.
16.3 Other Meetings.
17.
17.1
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.
SETTLEMENT OF GRIEVANCES.
Definition
A grievance is defined as
between the employer and
the application, meaning
employment.
a difference, complaint or dispute
the union or any employee regarding
of this Agreement, or conditions of
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.
17.3 Grievants) Resoonsibilit
Although it is understood that grievants) are entitled to
union representation and/or one grievant may represent the
alledged agrieved 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.
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17.4 Union Responsibilit
It will be the responsibility of representatives of Local No.
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 assent, this latter 14 day period
may be extended by an instrument in writing signed both by the
aggrieved firemen 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 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
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authority to make a decision on any otizer issue not so
submitted. The arbitrator shall have no right to amend,
modify, nullify, ignore, add to, or substract 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 fact in support of his decision, and his
findings of fact and his award shall be based upon the
preponderence 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 'oinding 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.
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 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.
17.11 Discussion and Investigation:
All grievance discussions and investigations shall take place
in a manner which avoids unreasonable interference with the
employee's assigned duties and the City operations.
Employee Committee members and Local 1897's legal counsel
may examine records and employer files relevant to the
investigation of a grievance upon receiving permission from
the Fire Chief or his designee. The Chief may refer the
request to the Mayor. Neither the Chief nor the Mayor shall
unreasonably withhold the permission.
17.12 Selection of Arbitrator.
The arbitrator shall be composed of three persons who shall be
picked in the following manner. Names shall be stricken from
the respective lists by the other party with the Union
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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.
17.13 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.
17.14 Interest or Negotiation Impasse Arbitration.
Subject to requirements of law, nothing in this agreement shall
ever be interpreted to mean that the parties hereto h?~:e 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.
17.15 Effect of Arbitration.
Subject to the appeal procedure hereinafter set forth, the
decision of the arbitrator shall be final.
17.16 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.
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 deprived 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 therefor or refused to hear
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evidence material to the controversy or otherwise so conducted
the hearing as to substantially prejudice the rights of a
party.
17.16 Time for Appeal:
All appeals shall be filed within thirty (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 decision.
18. CHECK-OFF SYSTEM.
Union dues or fair share payment shall be deducted from a
commissioned officer's paycheck upon receiving written
authorization from the commissioned officer and shall be paid
to the treasurer of the local union each month.
19. ACCRUAL AND FORFEITURE OF SENIORITY.
All commissioned officers shall be given seniority beginning
with the date of employment with the department. Months of
layoff do not count towards seniority. Temporary full-time
commissioned officers shall be allowed credit for seniority
for continuous past months' 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 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.
20.2 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 (I11.
Rev. Stat. 1985, Ch. 24, §10-2.1-1 et sequi), that is to say,
by inverse order of layoff.
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Commissioned officers laid off at a later date may be recalled
before civilian employees laid off at an earlier date.
21. EDUCATION EYPFNSE
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 provided hereunder shall remain in full force and
effect for the term of this agreement.
23.2 Nothing in this agreement shall be construed to negate the
status of the employer as a municipal employer and any
provisions hereof which, by interpretation or otherwise, would
abridge or restrict the power and authority conferred by law
on the employer as a municipal employer shall be void and of
no effect.
23.3 No Strike or Lock-Out.
The employer agrees that there shall be no lock-out during the
term of this agreement.
The union 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.
23.5 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.
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23.7 Conflict with Existing Policies or Regulations.
If there is a conflict bet:veen 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 Reservation of Rights.
The employer specifically reserves to itself, without
limitation, the power to unilaterally and in its sole
discretion, eliminate, abolish, altar, organize, reorganize,
consolidate, or merge the fire department, or, any rank,
position, job, or job function now in existance or which may
thereafter be created. Further, it is not the intention of
either the employer or of the union that the employer transfer
or delegate any municipal power, function, privilege, or
authority to control any of the same to the union, the City
employees', or to any third party or person.
23.9 Termination.
This agreement shall be effective for the entire period of the
fiscal years 1987/1988, 1988/1989, 1989/1990 of the employer.
At the end of that time, it shall term;_nate, and shall be of
no effect, unless agreed to otherwise by both parties in
writing.
23.10 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.
23.11 Effective Date of Agreement. All provisions and benefits of
this agreement shall be effective as of May 1, 1987.
24.0 Discipline
"Discipline" shall mean demotion, 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.
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 Tsarch, 1938.
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For the City of Canton, Illinois
r~ ~~:~~ ~~ ~.
ayor of the City of Canton, Illinois
ATTEST : ~~ ~~
C ty Clerk
Its President
Its Vice-President
Its Secretary
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