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HomeMy WebLinkAboutResolution #2006~ ~ RESOLUTION NO. 2006 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CANTON POLICE DEPARTMENT 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 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, 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 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 the City Clerk of the Citeof 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 1st day of September 1987, upon a roll cal vote as follows: AYES: Aldermen Kovachevich, Zilly, NAYS: None. ABSENT: Aldermen Meade, Bohler. APPROVED: Steck, Sarff, May, Chapman, MAYOR. ATTEST:` ~ CIT CLERK. AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND THE CITY OF CANTON POLICE DEPARTMENT, LOCAL N0. 759, AMERICAN FEDERATION OF STATE, COUNTY 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 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 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. 1.3 "Civilian Employee" shall mean an employee of the City's Police 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 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. 1.5 "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 Police Department who has been hired or rehired for less than twelve (12) consecutive calendar months. 1.9 "Union" shall mean the American Federation of State, County and Municipal Employees, Local No. 759 and Council 31. Division 2. RECOGNITION. 2.1 Bargaining Agent. The employer recognizes the American Federation of State, County and Municipal Employees as the sole and 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 employee in relationship to the employee's work and the employer, during which time, such employees may be -2- 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, X10-2-2-1 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. 2.4 Fair Share. The Employer shall grant "Fair Share" to the Union in accordance with Section 6(e) - (g) of the Illinois Public Labor Relations Act. All employees covered by this Agreement will within thirty (30) days of their employment by the Employer either (1) become members of the Union and pay to the Union regular Union dues and fees or (2) will pay the Union each month their fair share of the Union's costs of the collective bargaining process, contract administration and pursuing matters affecting employee wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. Division 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. -3- 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. 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. WAGES. 4.1 Schedule. -4- Employees 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 weekly on every Friday, or the preceeding Thursday if Friday falls on a holiday, payroll to include hours worked through the preceeding Saturday. 4.3 Wage Opener. Employer and Union shall, upon either's giving the other not less than ninety (90) days written notice prior to the end of the then current fiscal year, enter into negotiations concerning the possibility of altering employee wages effective in the fiscal year immediately following the giving of such notice. However, nothing herein shall be construed to require that either party agree to either an increase or decrease in wages. 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 period 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 -5- 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 an employee with seniority whenever possible. 5.1 Accumulation of Vacation Time. Vacation time shall be used during the anniversary year of the employee during which an employee becomes entitled thereto, unless the Chief of Police 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 Seperation. 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. HOLIDAYS. 6.1 Days Designated. -6- The following days are holidays with pay for all employees: 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 (1st Mon. in Sept.), Christmas Day (25 December), and, Veterans Day (11 November). 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 Days Off. If a holiday occurs during a vacation, employee will receive an extra day's 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. -7- Division 7. SICK/PERSONAL DAYS. 7.1 Compensation 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, an employee 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 Chief of Police. 7.2 Computation of Sick/Personal Days - Police Officers. All other police officers shall eligible for ten (10) work days as personal days when requested Police and five (5) may be used 7.3 Computation of Sick/Personal Day Officers. begin each fiscal year of which five (5) may be used and approved by the Chief of as sick days. ~s - Telecommunicators/Code Telecommunicators and Code/Officer shall begin each fiscal year eligible for eight (8) work days of which six (6) may be used as sick days and two (2) may be used as personal days when requested and approved by the Chief of Police. 7.4 Illness of Employee. Use of sick leave shall only be used for injury off duty, illness or exposure to contagious disease. Employee shall be governed by the following requirements in order to be eligible for pay during such sick leave. Employees must: -8- a. Report promptly in ascending order 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 (3) consecutive days duration. 7.5 Pay in Lieu of Personal Days. Should an 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. 7.6 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. 7.7 Accrual of Sick Days. Should any or all of the five (5) sick days not be used by the police officers or any or all of the six (6) sick days not used by the Telecommunicator/Code Officer 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. 7.8 Call-In for Emergency Duty. In the event that an employee is called for emergency duty on any such day, employee shall be paid for such emergency duty at a straight time rate. -9- Division 8. LEAVE. 8.1 Disability Leave. If an 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 performing assigned tasks, shall be eligible for injury leave in compliance with applicable State Statutes passed by the Illinois General Assembly and approved by the Govenor. 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. 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. 8.4 Bereavement. Each employee shall be granted up to three (3) calendar days of bereavement leave when death occurs in the employee's immediate family. (Immediate family shall include: spouse, children, mother, father, brother, sister, mother-in-law, and father-in-law). 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. -10- 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 recommendation 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~) times for all hours worked in excess of 45 minutes beyond the employee's regularly scheduled eight (8) hour shift with a minimum of (1) hour. Employees called in -11- for additional duty shall also be paid at one and one-half (1~) times the regular rate, with a four (4) hour minimum. Call-in time on a holiday or the employee's Sunday (second day off) will be paid at double time, with a four (4) hour minimum. 9.3 Call-In for Breathalizer Test. Employees called in to administer a breathalizer test shall be paid at one and one- half (1~) 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 Temporary Rank Pay. When an employee is assigned to a temporary rank higher than the permanent rank of the employee, by the Chief of Police or the Mayor, in writing, such employee shall be granted a temporary rank pay of Ten ($10.00) Dollars per week during the period of such assignment. Assignments shall be made to provide proper management coverage. 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 three percent (3~) 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. -12- 9.7 Compensatory Time Off. Compensatory time off may 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~) 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. 9.9 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate. Division 10. CLOTHING ALLOWANCE. 10.1 Annual Payment. all commissioned officers shall be paid an annual clothing allowance of $403.88 for regulation Policemen's clothing as approved by the City Council. The payment of this amount shll~ be made on the first pay day in May or as soon thereafter as practical. -13- 10.2 Civilian Employees. Civilian employees required to be in uniform shall be paid an annual clothing allowance of $194.73 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 Employees- Reimbursement- Termination. In the event of the termination of a probationary employee, for any reason whatsoever, such employee shall reimburse 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 Employee-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. -14- 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 Police Officers with a service revolver, riot baton, flashlight, hat badge, breast badge, and rain coat. The City further agrees that replacement of same shall be made by the City when the Chief of Police deems necessary. Division 11. MEAL 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. EMPLOYEE'S INSURANCE. 12.1 Payment. The employer shall pay the total insurance permium for employees. 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 a dependent child over six (6) months of age shall be $1,000.00. disability pay shall be two-thirds (2/3) of the employee's normal pay check but shall -15- not in any instance exceed a weekly disability payment of $300.00, whichever is less. Should the City decide that a change of 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 an employee without dependents; or, $200.00 aggregate for an employee with dependents. 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 $10,000.00 prior to age 65 or retirement, at which time it shall be reduced to $3,000.00. 13.1 Retired Employees - 25 years of City Service. The employer shall pay the full amount of the applicable insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have become 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 employees who become re-employed where insurance coverage is -16- 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 Employees - 20 years of City Service. The employer shall pay the entire amount of the applicable insurance premium in the case of such employees 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 Fund. 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. 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. -17- 13.3 Disabled Employee and Spouse and Dependents of Deceased Employee. 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 13.1, above. This section shall apply only to spouses of disabled/deceased employees who are lawfully married to such employee at the time the disability/ death occurs. 13.4 Employees with Early Retirement. Employees entitled to payment of insurance premiums under the above provision, shall 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 Employees Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the employer will be likewise proportionately reduced, EXCEPTING 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 provision of the Illinois Municipal Employees Retirement Provisions. Division 14. TRAVEL ALLOWANCE. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be -18- compensated therefore at the rate of twenty-two (22~> cents per mile for each mile necessarily traveled. Division 15. STRESS DAY. All employees shall receive one Sunday off per calendar month with pay as a stress day. However, it is recognized that such employee is subject to emergency call-in without additional pay. With the prior consent of the Police Chief, an employee's normal work week may, from time to time, be modified to accomodate the stress day. Division 16. EMPLOYEE TELEPHONE REQUIRED. Employees 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. POLICE SHIFT OPENING. 17.1 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 Head- quarters for a period of seven t7) days. During this period, qualified employees who are interested in said opening shall make known 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. 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. -19- Division 18. DUTIES OF POLICE EMPLOYEES. The duties of all employees shall be in accordance with the state statute, City ordinances or resolution, job description, or, local custom, as the same may be promulgated from time to time. Division 19. MONTHLY DEPARTMENTAL MEETINGS. 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. Division 20. 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. SETTLEMENT OF GRIEVANCES. 20.1 Purpose. Amicable settlement of grievances between employer and employee is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. -20- 20.2 Method. Grievances shall first be referred to the Police Chief, in writing, within seven (7) calendar days of the date on which the grievance occurred. 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 Coauaittee 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 policeman 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 policeman 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. 20.3 Arbitration. If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party may invoke -21- 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 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, 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 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 -22- 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. 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 by 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 -23- 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. 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 -24- parties agree does not have to be shown on the face of the award). Other ground 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 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. Union dues or fair share payment shall be deducted from an employee's paycheck upon receiving written authorization from the employee and shall be paid to the treasurer of the local union each month. Division 22. ACCRUAL AND FORFEITURE OF SENIORITY. All employees shall be given seniority beginning with the date of employment with the department. Months of layoff do not count towards 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. Seniority shall be forfeited for any of the following reasons: 1. Employee resigns. 2. Employee is discharged for just 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 requirements of the Illinois Fire and Police Commission Act (Ill. Rev. Stat. 1985, Ch. 24 §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 commissioned officers are laid off. -26- 23.3 Order to be Followed in Call-Back. Recall of commissioned officers shall be in conformity with the requirements of the Illinois 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. Civilian employees shall be recalled by the inverse order of layoff within the class of civilian employees. 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, providing such was approved in advance by the Chief of Police. Reimbursement shall be contingent upon the successful completion of such course. Division 25. 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. 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 -27- 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. The employer specifically reserved 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 existance or which may hereafter 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. 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. 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. -28- 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 regulation 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 1987/1988, 1988/1989, 1989/1990 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 Date of Agreement. All provisions and benefits of this agreement shall be effective as of May 1, 1987. -29- 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 lst day of September , 1987. For the City of Canton, Illinois OFF Mayor of the City of Canton, Illinois i• ATTEST: "~ City Clerk For the Union: . Its President . Its Vice-President . Its Secretary -3 0- -1 3 ~. 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