HomeMy WebLinkAboutResolution #3645 ~y ~
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AND THE CITY OF CANTON FIRE DEPARTMENT AND AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the City of Canton, Illinois has entered into negotiations with the City of
Canton Fire Fighters, Local 1897, relative to the establishment of rates of pay, hours of work and
other conditions of employrnent; 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 E~chibit 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 the Canton Fire Fighters, Local
1897, a copy of 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 this Resolution shall be in full force and effect immediately upon its passage by
the City Council of the City of Canton, Fulton County, Illinois and approval by the
Mayor thereof. Wage adjustment effective as of May 1, 2002.
PASSED by the C' Council of the City of Canton, Fulton County, Illinois, at a regular
meeting this ~ day of , 2003 upon a roll call vote as follows:
AYES:
NAYES:
ABSENT:
APROVED:
Jerry M. Bohler, Mayor
Attest:
Nancy Whites, City Clerk
CONTRACT
Between
THE CITY OF CANTON, ILLINOIS
And
CANTON FIRE FIGHTERS, LOCAL
1897
I.A.F.F., A.F.F.I., AFL/CIO
May l, 2002
Through
Apri130, 2005
TABLE OF CONTENTS
ARTICLE PAGE (S)
1. Purpose and Definition of Terms 2
2. Recognition 3
3. Hours of Work 3
4. Wages 3-4
5. Vacation 4-5
6. Holidays 5
7. Sick/Personal Days 5-6
8. Leave ~
9. Special Pay Provisions 7-9
10. Clothing Allowance 9
1 l. Commissioned Officers' Insurance 10
12. Retirement Insurance 11
13. Travel Allowance 12
14. Commissioned Officer Telephone Required 12
15. Duties ofFiremen 12-13
16. Monthly Departmental Meetings 13
17. Settlement of Grievances 13-16
18. Check-Off System 16
19. Accrual and Forfeiture of Seniority . 16
20. Layoffs 16-17
21. Education Expense 17
22. Residency Requirement 17
23. General Provisions 17-18
24. Discipline 19
Signature Page 20
Appendix A 21
Letter of Understanding 22
Letter of Understanding 23
Letter of Understanding 24
1
AGREEMENT #
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
THE CITY OF CANTON FIRE DEPARTMENT, LOCAL NO. 1897, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS.
WITNESSETH
1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of harmonious relations between the
City of Canton and Local No. 1897; the establishment of an equitable and peaceful
procedure for the resolution of difference; and, the establishment of rates of pay, hours of
work, and other conditions of employment.
1.1 DEFIIVITION OF TERMS.
For the purpose of clarification, various terms used in this contract are defined as follows:
1.2 "Commissioned Officer" shall mean an employee of the City's Fire Department who is
appointed to the department by City's Fire and Police Commission and who is subject to
the said Corrunission's disciplinary action.
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 full-time employee of the City's Fire Department who is a
member in good standing of Local No. 1897, International Association of Fire Fighters.
1.5 `Bmployer" shall mean the City of Canton and may be referred to as City.
1.6 "Fiscal yeaz" shall mean the fiscal year of the City of Canton, May 1 through Apri130.
1.7 "Hourly rate" shall mean the annual salary divided by 2080 hours.
1.8 "Probationary employee" shall mean any newly hired or rehired full-time employee of
the Fire Department who has been hired or rehired for less than twelve (12) consecutive
calendar months.
1.9 "Union" shall mean the International Association of Fire Fighters, Local No. 1897.
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2. RECOGNITION
2.1 Bargaining Agent.
The employer recognizes the International Association of Fire Fighters as the sole and
exclusive bargaining agent for the purpose of establishing salaries, wages, hours and
other conditions of employment for employees of the Fire Department, exclusive of Paid
on Call or Temporary firefighters, for the purpose of collective bargaining, and agrees to
bargain in good faith on all these matters.
2.2 Prohation Period.
The employment of any employee of the Fire Department shall be followed by a twelve
(12) month probationary period. Such probationary period shall be considered a period
of test or trial for the commissioned officer's work and the employer, during which time,
such commissioned officer may be discharged by the employer without cause. Nothing
herein shall be construed, as to commissioned officers, to be other than in conformity
with the Illinois Fire and Police Commission Act. Prior to dismissal, Fire Chief shall
notify probationer of reason for dismissal and meet to discuss said reasons. This decision
is not subject to the grievance procedure.
3. HOURS OF WORK
Employees covered by the terms of this agreement who work within the Fire Department
~ shall be assigned to a regular duty shift. The regular hours of duty shall be 24
consecutive hours on duty, staring at 7:00 a.m. and ending the following 7:00 a.m. The
on-duty tour of duty shall be immediately followed by 48 consecutive hours off-duty.
The employer agrees to comply with the Fair Labor Standards Act [FLSA] and further
agrees that all bargaining unit employees are eligible for FLSA overtime. For the
purpose of FLSA overtime, a work cycle or work period shall consist of 28 calendar
days.
With respect to this Division 3, the employer reserves to itself the exclusive right to set
regular hours of duty, overtime, work shifts, work weeks, shift designations and all
matters ancillary or relating thereto as the employer's operational need or public safety
may deem to require. Nevertheless, the employer will use its best efforts to adhere to the
regular hours of duty outlined in this Division 3, and to the regular duty shift assignment
made to each employee. Should the regular hours of duty or a shift assignment be
changed, affected employees will first be given 21 days notice.
4. WAGES
4.1 Salaries and Longevity.
A. Base Salary. Employees' base salary shall be in the amounts set forth in the
salary schedule specified in Appendix A attached hereto.
B. Longevity. Employees shall be entitled to receive additional longevity salary
payments based upon the service requirements specified in the longevity schedule
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specified in Appendix A attached hereto. Employees will be moved from Step to
Step upon accrual of the required years of service unless the employee qualifies
for and is placed in Step a or b. Employees who meet the following requirements
shall qualify for and be placed in Step a or b:
(1) Eligible employees are those who have accrued at least 20 years of
service.
(2) Eligible employees may exercise an option to be placed in longevity
Step a or b by notifying the Chief of such election in writing on or
before the 15~' day of any calendar month prior to a month in which
they have accrued the required year of service specified in (1) above.
(3) Upon receipt of notice from an eligible employee, the employer shall
place the employee in Step a or b and adjust his/her salary accordingly
effective the first day of the month immediately following the month in
which notice from the employee was received.
(4) Employees placed in Step a or b shall be entitled to receive the salary
provided in such step for a maximum period of 30 days. If employee is
still in service after 30 days he/she shall revert permanently to previous
step.
4.2 Pay Period.
The salaries and wages of employees shall be paid weekly on every Friday, or the
preceding Thursday if Friday falls on a holiday. Payroll to include hours worked through
the preceding Saturday. ~
5. VACATION
Each commissioned officer of the City shall accumulate vacation in accordance with the
following schedule:
For employees hired prior to May 1, 1993, the following vacation schedule shall apply:
1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days)
3 yeazs but less than 10 years - 3 weeks vacation
10 years but less than 15 years - 4 weeks vacation
15 years or over - 5 weeks vacation
For employees hired after May 1, 1993, the following vacation schedule shall apply:
1 yeaz but less than 3 years - 2 weeks vacation (not to exceed 6 working days)
3 years but less than 10 years - 3 weeks vacation
10 years or over - 4 weeks vacation
Vacations will be scheduled to meet the operating requirements of the City subject to
approval of the Fire Chief. Vacation schedules shall be made available by the 1~` day of
April, with preference given to the commissioned officers with seniority until the 1~` day
of May. On May 1 S`, scheduling will be on a first come first served basis.
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5.1 Accumulation of Vacation Time
Vacation time shall be used during the anniversary year of the employee during which a
commissioned officer becomes entitled thereto, unless the Fire Chief makes a written
request during such anniversary year for extension to the office of the Mayor who shall
approve or disapprove the same. When vacations cannot be granted during the
anniversary year, pay in lieu thereof may be given if mutually agreeable.
5.2 Vacation Rights in Case of Layoffor Sepazation
Any employee who retires or separates from service of the Employer for reasons other
than discharge, prior to using vacation time due, shall be compensated in cash for the
unused vacation accumulated at the time of separation. Employees who are discharged
from service shall not be paid any unused but accumulated vacation time due.
6. HOLIDAYS
6.1 Days Designated
The following days are holidays with pay for all commissioned officers: New Year's
Day (1 January), President's Day (3~d Monday in February), Good Friday, Memorial Day
(last Monday in May), Independence Day (4 July), Labor Day (1 S` Monday in Sept.),
Veterans' Day (11 November), Thanksgiving Day (4`" Thursday in Nov.), Christmas Day
(25 December).
6.2 Holiday Pay '
Each commissioned officer shall receive and be paid holiday pay consisting of 4.5% of
said officer's base pay. This holiday pay shall be paid in one lump sum on the first pay in
November. Holiday pay will be paid prorata for those holidays that the employee is
eligible for. An employee must work the shift immediately preceding and immediately
following the holiday in order to be eligible for holiday pay unless excused by the Chief.
6.3 Holiday Falling on Vacation
If a holiday occurs during a vacation, commissioned officer will receive an extra day's
vacation.
7. SICK/PERSONAL DAYS
7.1 Computation 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 siatty (60) days of service, a commissioned officer shall earn
one-half (1/2) day of personal leave to a maximum of five (5) personal days and one-half
(1 /2) day of sick leave for each month worked during the current fiscal yeaz. Personal
days may only be used when requested and approved by the Fire Chief.
7.2 Computation of Sick/Personal Days - Others.
All other commissioned officers shall begin each fiscal year eligible for ten (10)
work days of which five (5) may be used as personal days when requested and
approved by the Fire Chief and five (5) may be used as sick days.
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7.3 Illness of Commissioned Officer or Immediate Family Member
Use of sick leave shall only be used for off duty injury, illness, or e~osure to contagious
disease. Commissioned officers shall be governed by the following requirements in order
to be eligible for pay during such sick leave. Immediate family members shall consist of
spouse, children, and stepchildren in the employee's household. Employee
Commissioned officers must:
a) Report promptly in ascending orders 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 day's 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 will not be paid in lieu of the remaining days.
7.5 Accrual of Personal Days
Personal days shall not survive beyond the fiscal year of accrual. Personal days
remaining at the conclusion of the fiscal year of accrual shall be forfeited without carry
over.
7.6 Accrual of Sick Days
Should any or all of the five (5) sick days not be used by the conunissioned officer during
the fiscal year, all unused days shall be accrued. Commissioned officer may accrue up to
a total of ninety (90) days. Payment for such accumulation of not more than si~cty (60)
days shall be made upon termination of employment, except in cases of discharge for
disciplinary reasons. Each day shall be valued at 1/5 of the then current weekly salary.
7.7 Call-In for Emergency Duty
In the event that a commissioned officer is called for emergency duty on a persona.l day,
the commissioned officer shall be paid for such emergency duty at a straight time rate
with a minnnum of four (4) hours.
7.8 Call-In for Non Emergency Duty
In the event that a commissioned officer is called in for non-emergency duty on a
personal day, the commissioned officer shall be paid for such non-emergency duty at a
straight time rate with a minimum of two (2) hours.
7.9 Trading Time
Any employee, who wishes to trade time, may do so with prior notification of his/her
shift commander. Trading time shall be arranged so as not to interfere with the normal
operation of the Fire Department, and with the approval of the Fire Chief which shall not
be unreasonably denied. The City shall not be responsible for keeping track of time
traded, nor shall time traded affect FLSA overtime.
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8. LEAVE
8.1 Disability Leave
If a commissioned of~cer becomes sick or injured off the job and is temporarily disabled
from performing his/her duty, the commissioned officer shall be eligible to receive
disability benefits under the City's Loss of Time Insurance Policy.
8.2 Job Related Disability
Any commissioned officer, injured while performing assigned tasks, shall be eligible for
injury leave in compliance with applicable State Statutes. The commissioned officer
shall be responsible for causing periodic reports to be submitted by the attending
physician to the City Clerk and Fire Chief, on forms prescribed as may be required. Any
expense incurred, in supplying these reports, will be born by the City.
83 Military Leave
Commissioned officers shall be granted such leave in accordance with the provisions of
65 ILCS Section 5/10-2.1-23 and Section 5/10 2.1-24.
8.4 Bereavement
Each commissioned officer shall be granted on (1) work shift of bereavement leave when
a death occurs in the commissioned officer's unmediate family. (Immediate family shall
include: spouse, children, mother, father, brother, sister, mother-in-law, father-in-law,
stepbrothers, stepsisters, stepchildren, brother-in-law, sister-in-law, and grandparents).
An additional one (1) work shift may be granted when reasonable justification is
provided to the Fire Chief. Bereavement leave shall be with pay for any regular
scheduled work days.
8.5 Miscellaneous Leave Policies
The Fire Chief has the authority to approve other leaves-of-absence without pay. Such
leaves-of-absence shall be requested by the employee, approved by the Fire Chief, and
reported to the office of the Mayor. Other leaves-of-absence with pay shall be authorized
by the Mayor upon recommendation of the Fire Chief. Action by the Mayor may be
secured upon submission of an approved request from the Fire Chief. No commissioned
o$'icer may be absent without permission of the Fire Chief.
8.6 Family Medical Leave Act.
The employer agrees to comply with the terms and conditions of the Family Medical
Leave Act and the leave requirements contained therein.
9. SPECIAL PAY PROVISIONS
9.1 Overtime
Except as otherwise provided, work performed by a commissioned officer, which
continues beyond the commissioned officer's regular work shift, shall be paid in
conformity with the Fair Labor Standards Act (FLSA).
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9.2 Emergency Call-In
Commissioned officers, when called in for emergency duty sha.ll be paid at time and one-
half for actual hours worked with a minimum of four (4) hours.
93 Non Emergency Call-In
Commissioned officers, when called in for non-emergency duty shall be paid at time and
one-half for actual hours worked with a minimum of two (2) hours.
9.4 Shift Coverage
Commissioned of~cers, 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.
9.5 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.
9.6 Temporary Additional Duties Pay
When a commissioned officer is assigned to temporary additional duties greater than the
permanent rank of the commissioned of~cer for half (1 /2) shift (12 hours), said
commissioned officer shall be granted temporary additional duty pay of ten dollars
($10.00) per half (1 /2) shift during the period of such assignment.
When a commissioned officer is~ assigned to temporary additional duties greater than the
pern~anent rank of the commissioned officer for 1 shift (24 hours), sa.id commissioned
officer shall be granted temporary additional duty pay of twenty dollars ($20.00) per shift
(1) during the period of such assignment. In the case of a Fire Fighter assuming the
duties of a Lieutenant, it will be the senior Fire Fighter of that Shift. Assignments shall
be made to provide proper management coverage.
9.7 Compensatory Time Off
Compensatory time off may be given when a commissioned officer has agreed to work in
excess of the commissioned offcer's regular shift for compensatory time. Compensatory
time off shall be calculated at the rate of one and one-half (1-'/2) times the hours actually
worked and may be accrued up to two hundred eighty-eight (288) hours. The
commissioned officer may use these hours under the same rules that govern personal
days. Should the commissioned officer not use his accrued hours by the end of the fiscal
year of accrual, and then the same shall be paid in lump sum to the commissioned officer
at the end of the fiscal year.
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. In the event no commissioned officer will take said
overtime, any commissioned of~icer can be forced in to fill the vacancy. This shall be
done by going to the least senior commissioned officer in the rank to be filled first.
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9.9 Shift Commander
There shall, at all times, be a shift commander on duty who holds the rank of Assistant
Fire Chief or Lieutenant.
9.10 Training
Any commissioned officer directed to attend a training school shall be paid for the time
incident thereto in accordance with tha Fair Labor Standards Act.
10. CLOTHING ALLOWANCE
10.1 Annual Payment
All commissioned of~icers shall be paid an annual clothing allowance of $450.00 for
regulation Firemen's clothing as approved by the City Council. The payrnent of this
amount shall be made on the first pay day in May.
10.2 Probationary Payment
A probationary employee shall be paid the clothing allowance at the time of his
employment.
10.3 Probationary Commissioned Officer-Reimbursement-Tennination.
In the event of the ternunation of a probationary commissioned officer, for any reason
whatsoever, such commissioned officer shall reimburse to the employer for clothing
allowance paid as follows: one-half shall be retained by the commissioned officer. The
remaining one-half shall be reimbursed to the employer in that percentage amount which
the remainder of the probationary year existing at the time of termination bears to the full
twelve (12) month probationary period.
10.4 Non- Probationary Employee-Reimbursement-Termination
In the event of the termination for any reason, except retirement, of a non-probationary
commissioned officer, such commissioned officer shall reimburse the employer on
account of clothing allowance paid as follows: Such commissioned officer shall
reimburse the employer clothing allowance paid in the current fiscal year in that
percentage amount which the remainder of such fiscal year existing at the time of
termination bears to the whole of such fiscal year.
10.5 Reimbursement Deduction
In every instance, the reimbursement herein above due shall be deducted from such
money amounts, which may be yet due and payable from and, by the employer.
10.6 Equipment Furnished
The City shall furnish all commissioned officers with the following, but not limited to,
helmet, protective coat with liner, boots, protective bunker pants, bunker boots, gloves,
badges, patches, and any other items required by the Fire Chief. The City further agrees
that the above equipment shall be in good and safe condition as determined by the Fire
Chief and City shall be responsible for necessary replacement.
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11. COMMISSIONED OFFICERS' INSURANCE
11.1 Payment
The employee shall pay 1.2% of said employee's base pay (excluding holiday pay,
longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The
employer shall pay the balance of all the total insurance premiums including the cost of
health and dental insurance coverage, for the commissioned officer and their dependents.
Effective at the signing of this Agreement the employee premium shall increase to 1.5%
until the Insurance Fund reaches a balance of $250,000.00 or more, on April 30~' of any
contract year, at which time the employee premium shall go back to 1.2% for the next
contract year. At anytime should the Insurance Fund balance drop below $100,000.00
the employee premium shall increase to 1.8% until said fund reaches a balance of
$200,000.00 at which time the employee premium shall be 1.5% and follow the
guidelines set forth in the above sentence.
11.2 Coverage
The amount of the insurance coverage shall be at least as much as the coverage in force at
the signing of this Agreement. Term life insurance for a dependent child over six (6)
months of age shall be$1,000.00. Disability pay shall be two-thirds (2/3) of the
commissioned Of~cer's normal pay check, but shall not in any instance exceed a weekly
disability payment of $750.00, whichever is less. Should the City decide that a change in
insurance companies is beneficial, the proposed new coverage shall be submitted to the
Union for its information and review.
11.3 Commissioned Officer Deductible
Prior to payment of claims by or on behalf of the employer in any given calendar year for
any given commissioned officer (to include payrnents for commissioned officers'
dependents) that commissioned officer shall first be required to pay the first $500.00
aggregate amount of any such claim(s) for a commissioned officer without dependents;
or, $1,000 aggregate for a commissioned officer with dependents.
11.4 Insurance Committee
A joint Health Insurance Committee shall be formed and be comprised of the following
persons who accept invitations to participate:
1. A Representative of I.A.F.F, Local 1897
2. A Representative of A.F.S.C.M.E. local 1372
3. A Representative of the Policemen's Benevolent
and Protective Association, Unit 52
4. A Representative of Non-Represented Employees
5. A Representative of Management
6. A Representative of City Council
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This committee shall be empowered to research and analyze the e~sting coverage and
benefits, as well as, available plans to recommend possible changes to and/or
Additions to the existing plan. The committee sha.ll only make recommendations to
modify the existing plan with a 2/3-majority vote of the committee. No recommended
change shall substantially change the benefit levels and coverage of the existing plan.
Also this committee will be empowered to hear complaints on insurance payments. The
City shall have the final authority on any recommended changes or appeals on payments.
12. RETIRMENT INSURANCE
12.1 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
sha.ll be$20,000.00 prior to age 65 or retirement, at which time it shall be reduced to
$10,000.00. Provided, however, that if the amount of Life Insurance provided to any
other City employees or retirees of any other department is increased above $20,000.00
and $10,000.00 respectively, during the term of this Agreement, employees covered by
this Agreement or retirees, as the case may be, shall receive insurance coverage at least
equivalent to that provided by the City to any other City employee or retiree.
12.2 Retired Commissioned Officers Before May l, 1993
For commissioned of~cers who have retired before May l, 1993 and who have twenty
(20) years of service and who have reached fifty (50) years of age, or who have twenty-
five (25) years of service regardless of age, the employer shall pay the full amount of the
applicable insurance premium. Premium payment shall be for the retiree, retiree's
spouse, and dependent children. Retired commissioned oi~icers who become reemployed
where insurance coverage is provided by the new employee shall be excluded from this
provision. Upon attaining his age of sutty-five (65) years, or such other age as Congress
may subsequently determine, this coverage shall terminate and the retired commissioned
officer shall make application to Medicare or to its successor program, The retired
commissioned officer shall have the option of purchasing Medicare supplement insurance
at his expense through the City's group insurance carrier, if available.
12.3 Retired Commissioned Of~'icers - After Mayl, 1993.
Commissioned officers who retire after May 1, 1993 and who have twenty (20) years of
service and who have reached fifty (50) years of age, or who have twenty-five (25) years
of service, regardless of age and have become entitled to a pension under the provisions
of the Firemen's Pension Fund, shall pay the amount of premium specified by the terms
of Section 11.1 of this agreement as effective on the date of Commissioned Officer's
retirement on his/her annua.l pension (to be paid in twelve (12) equal monthly payments).
Premium payments shall be for the retiree, retirees' spouse, and dependent children.
Retired commissioned officers
11
who become reemployed where insurance coverage is provided by the new employer
shall be excluded from this provision. Upon attairung his age of sixty-five (65) years, or
such other age as Congress may subsequently determine, this coverage shall terminate
and the retired commissioned officer shall make application to Medicare or to its
successor program. The retired comxnissioned officer shall have the option of purchasing
Medicare supplement insurance at his expense through the City's group insurance canier,
if available.
12.4 DISABLED CONIlVIISSIONED OFFICER AND SPOUSE AND DEPENDENTS OF
DECEASED COMIVIISSIONED OFFICER.
A permanently disabled commissioned officer and the surviving spouse and dependent
children of a deceased commissioned officer shall participate in the City's insurance plan,
but only to the extent specifically provided in the last four (4) sentences of Section 12.2,
above. This section shall apply only to spouses of disabled/deceased commissioned
officers who are lawfully married to such corrunissioned officer at the time the
disability/death occurs. If surviving spouse remarries, and insurance is available through
new spouse, said surviving spouse and dependents if any, may continue to participate in
the City's insurance plan at 100% of premium.
13 TRAVEL ALLOWANCE ~
When a commissioned officer is authorized or required to drive a personal car for
purposes related to employment, the employee shall be compensated therefore at the rate
of thirty cents ($0.30) per mile for each mile necessarily traveled.
14 COMMISSIONED OFFICER TELEPHONE REQUIRED
Commissioned officer shall be required to have a telephone in their residence and sha.ll
keep the Fire Chief advised in writing of such phone number and of any changes thereto.
Commissioned officers shall also be provided a pager, which the parties agree all
commissioned officers now have. The employer also requests that the pager be worn
anytime said officer is outside his/her residence. The employer will page an employee
for non-emergency overtime, allowing said employee five minutes to contact the Fire
Department before moving to the next person, except when the employee on the top of
the overtime list is already in the station. This procedure will start when it is known the
overtime is needed, or as soon as practical. Both parties agree that the employee is free
to promulgate required emergency response rules and regulations effective for all
employees of the Department.
15 DUTIES OF FIREMEN
The duties of all commissioned officers shall be in accordance with state statute, City
ordinances and resolutions, job descriptions or local custom, as the same may be
promulgated from time to time.
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15.1 Assistant Chiefs
Having unique management responsibilities, Assistant Chiefs may be assigned to a work
schedule different than those established for other members.
16 MONTHLY DEPARTMENTAL MEETINGS
Routine depa.rtmental meetings of all commissioned officers ma.y be called on a monthly
basis for the purpose of receiving and dissemina.ting necessary information.
16.1 Monthly Departmental Meetings
Employees attending monthly departmental meetings shall receive their straight time
hourly rate for all time spent in attendance at such meetings, subject to a minimum
payment of one and one-half (1 '/2) hours at the employee's straight time hourly rate.
16.2 Other Meetings
No provision of this Section shall be construed to prohibit the calling of a meeting as may
be necessary. Time spent in such meetings shall be considered hours worked, with a one
(1) hour minimum, if the commissioned officer is not on duty. The Fire Chief shall
notify any or all commissioned officers of the meeting at least one (1) ~week in advance,
unless there is an emergency.
17 SETTLEMENT OF GRIEVANCES
17.1 Definition
A grievance is defined as a difference, complaint or dispute between the employer and
the union or any employee regarding the application, meaning of this Agreement or
conditions of employment.
17.2 Grievances may be processed by the union on behalf of any 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 grievant (s) or one grievant representing group grievant 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 Grievant (s) Responsibility
Although it is understood that grievant (s) are entitled to union representation and/or one
grievant may represent the alleged aggrieved parties; the grievant (s) 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 Responsibility
It will be the responsibility of the representatives of I.A.F.F. Local 1897 to screen all
requests for grievance to determine legitimate cause.
17.5 Preliminary Oral Discussion
An attempt to resolve a grievance through oral discussion shall take place with the shift
commander and Fire Chief. All grievances must be presented no later than ten (10)
calendar days from the date the grievant knew or should have known of the occurrence
giving rise to the grievance.
17.6 Grievance Steps
Grievances shall be referred to the Fire Chief, in writing, within ten (10) calendar days of
the date on which the commissioned of~cer 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 ~''irievance, Negotiations and Personnel within seven (7) calendar days after the
response by the Fire Chief is made. The Committee shall thereafter meet with the
aggrieved fireman and his representative, if any, within fourteen (14) calendar days of
submission of the written grievance to the Committee. Following such meeting, the
Committee shall make its written answer within fourteen (14) calendar days following
such meeting. However, by mutual consent, this latter (14) days period ma.y be extended
by an instrument in writing signed both by the aggrieved fireman or his representative
and by the Chairman of the Committee or by the Chairman pro tem. If the grievance yet
remains, it shall, within seven (7) calendar days of the committee's written answer, be
submitted to the Mayor in writing, The Mayor shall make written answer within seven (7)
calendar days of receipt of the written grievance. In addition, health and safety measures
are grievable items or cases under the grievance procedure. All health and safety matters
shall only be grieved through Step 3 of the grievance procedure.
17.7 Arbitration
If, after the foregoing grievance process has been fully completed, the grievance yet
subsists, either paxty may invoke binding arbitration within seven (7) calendar days of the
Mayor's written answer by giving written notice of referral to the other party.
17.8 Authority of the Arbitrator
The authority of the arbitrator is specifically limited to the interpretation of the terms of
this Agreement. The arbitrator shall consider and decide only the specific issue
submitted to him in writing by the City and the Union, and shall have no authority to
make a decision on any other issue not so submitted. The arbitrator shall have no right to
amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.
14
This section relating to binding grievance arbitration shall not be interpreted to in any
way constitute a delegation of any power or jurisdiction from the Police and Fire
Commission to the arbitration process.
17.9 Time Limits
If a grievance is not appealed within the time limits for appeal set forth above, it shall be
deemed settled on the basis of the last answer of the City, provided that the parties may
agree to e~end any time limits. If the City fails to provide an answer within the time
limits so provided, Local 1897 may immediately appeal to the next step.
17.10 Discussion and Investigation
All grievance discussions and investigations shall take place in a manner, which avoids
unreasonable interference with the employee's assigned duties and the City operations.
Employee Committee members and Local 189Ts 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 ma.y refer the request to the Mayor.
Neither the Chief nor the Mayor shall unreasonably withhold the permission.
17.11 Selection of Arbitrator
The arbitration proceeding shall be conducted by an arbitrator to be selected by the
employer and the union within 7 business days after notice has been given. If the parties
fail to agree to the selection of an arbitrator, the Federal Mediation and Conciliation
Service (FMCS) shall be requested by either or both parties to submit simultaneously to
both parties an identical list of 7 names of persons from their grievance arbitration panel,
who are residents of Illinois, and members of the National Academy of Arbitrators. The
employer and the union shall each have one opportunity to request the submission of a
different grievance arbitration panel meeting the same requirements. Once a panel has
been accepted, each party shall have the right to strike 3 names from the list. A toss of a
coin shall determine which party will first strike one (1) name; the other party sha.ll then
strike one (1) name. The process will be repeated twice more and the remaining named
person shall be the arbitrator. FMCS shall be notified by the parties of the name of the
selected arbitrator, who shall be notified by the FMCS of his/her selection and request the
scheduling of a mutually agreeable date for the commencement of the arbitration hearing
(s).
17.12 Court Reporter; Costs of Arbitration
A qualified court reporter shall be present at all arbitration hearings and shall make a fu11
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.
15
17.13 Effect of Arbitration
Subject to the appeal procedure set forth by the Uniform Arbitration Act, the decision of
the arbitrator shall be final and binding
18 CHECK - OFF SYSTEM
Union dues or fair share payment shall be deducted from a commissioned offcer'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 sha11 be given seniority beginning with the date of
employment with the department. Months of layoff do not count towards seniority.
Temporary full-time commissioned officers shall be allowed credit for seniority for
continuous past month's service, if hired on a permanent basis without a lapse in
employment. Seniority shall be forfeited for any of the following reasons:
1. Commissioned officer resigns
2. Commissioned officer is discharged for just cause No holiday, vacation, personal
days, or other paid time off shall accrue while on an unpaid leave of absence, unless
otherwise provided for by law.
20. LAYOFFS
20.1 Notice to be given
Any commissioned officer may be laid off by applicable statutes without reflection on the
commissioned officer's standing for lack of work or funds. At least two (2) weeks notice
of the effective date of a layoff shall be given each commissioned officer affected
thereby.
20.2 Order to be Followed When Laying Off
Commissioned of~cers shall be laid off in conformity with the Illinois Fire and Police
Commission Act (65 ILCS 5/10-2. 1-1). Layoffs to accomplish a reduction in the
department rank structure shall be by seniority in the rank to the next lower rank.
Layoffs to reduce the size of the department shall be by overall seniority in the
department. Or, a combination of the foregoing may be utilized, as, for exa.mple, 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.
16
20.3 Order to be Followed in Call-Back
Recall of commissioned officers shall be in conformity with the requirements of the Fire
and Police Commission Act (65 ILCS 5/10-2.1-1), that is to say, by inverse order of
layoff.
Commissioned officer laid off at a la.ter date may be recalled before civilian employees
laid off at an earlier date.
21 EDUCATION EXPENSE
The City shall reimburse the commissioned officer for tuition and books required for
attending any job related course or for attending any course required for a job related
degree, in the amount not reimbursed by other agencies, providing such was approved in
advance by the Fire Chief. The above reimbursement would be contingent upon the
successful completion of such course.
22 RESIDENCY REQUIREMENT
Any employee shall become a resident of the City of Canton, or reside within a ten-mile
(10) radius of the Fire Station within 30 days after the expiration of such employee's
probationary period, if the employee is to continue employment with the City.
23 GENERAL PROVISIONS ~
23.1 All benefits except insurance changes by the insurance committee will remain in full
force and effect for the term of this agreement.
23.2 Nothing 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 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.
17
23.6 Totality
The employer and union acknowledges that during the negotiations which resulted in this
agreement, both parties had the unlimited opportunity to present all demands and
proposals and that this agreement shall constitute the entire agreement between the
parties for its duration, unless mutua.lly agreed upon by both parties.
23.7 Conflict with Existing Policies or Regulations
If there is a conflict between an existing City policy or regulation and an expressed term
or provision of this agreement, the term or provision of this agreement shall apply.
23.8 Management's Rights
The employer shall retain its inherent management rights, which shall include such areas
of discretion or policy as the function of the employer, the standards of services, its
overall budget, the organization structure and selection of new employees, examination
techniques and direction of employees, and the total number of employees employed.
Furthermore, except as otherwise provided elsewhere in the terms of this agreement, the
employer shall retain the right to promote, suspend, discipline or discharge employees
with just cause, to lay off or relieve employees from duty; to make, publish and enforce
reasonable rules and regulations; and to introduce new or improved methods, equipment
or facilities, provided that no right enumerated in this agreement shall be exercised or
enforced in a manner contrary to the provisions of this agreement.
23.9 Termination
This agreement shall be effective as of the First (1 day of May 2002, and shall remain
in full force and affect through the 30'~' day of April 2005. It shall automatically be
renewed unless either party notifies the other in writing, no less than one hundred twenty
(120) calendar days prior to the anniversary date that it desires to modify this agreement.
In the event that such notice is given, negotiations shall begin no later than thirty (30)
calendar days after the notice is delivered. In the event an agreement cannot be reached,
the dispute will be resolved in accordance with Section 14 of IPLRA, except for selecting
neutral arbitrator which will be done following the procedure set forth in Article 17.11 of
this agreement.
23.10 Contingency
This agreement is not an appropriation, but it is recognized by both parties that any and
all monetary considerations in this agreement shall become part of the appropriation
ordinance and budget adopted by the City Council.
23.11 Effective Date of this Agreement
All provisions and benefits of this agreement shall be effective as of May 1, 2001.
18
24 DISCIPLINE
"Discipline" shall mean suspension, verbal or written reprima.nd and ternunation (not
including layoffs). Discipline shall be fair, uniform, incremental, not arbitrary and shall
be designed to improve behavior, not punish it. The severity of the discipline shall be
determined by the severity of the offense and the officer's prior work/disciplinary history.
All disciplinary actions, which are not subject to jurisdiction of the Board of Police and
Fire Commissioners, shall be subject to review pursuant to Division 17 of this
Agreement. No discipline shall be imposed without just cause.
19
IN WITNESS WHEREOF, the parties hereto have executed and delivered the foregoing
agreement in two duplicate copies, each of which is hereby declared to be an original for
all purposes. Dated this 1 S` day of May 2002.
For the City of Canton, Illinois
Mayor of the City of Canton, IL
ATTEST:
City Clerk
For the Union:
, Its President
, Its ~'ice President
, Its Secretary
20
APPENDIX A
SALARYSCHEDULE
A. Firefighter Base Salary
Step Years of Service Effective Effective Effective
May 1, 2002 May 1, 2003 May 1, 2004
I. Probationary $25,060/annual $25,937/annual $26,8451annual
II. Starting 2°d Yeat $31,199/annual $32,291/annual $33,421/annual
III. Starting 3`d Year $33,032/annual $34,188/annual $35,385/annual
N. Starting 4~' Year $36,503/annual $37,781/annual $39,103/annual
V. Starting St'' Year $37,708/annual $39,028/annual $40,394/annual
VI. Starting 7~' Year $38,924/annual $40,286/annual $41,696/annual
VII. Starting 10~' Year $39,542/annual $41,029/annual $42,569/annual
VIII. Starting 15`" Year $39,995/annual $41,498/annua.l $43,054/annual
IX. Starting 20`h Year $40,695/annual $42,430/annual $44,226/annual
X. Starting 25`~ Year $41,550/annual $43,418/annual $45,352/annual
B. Lieutenant Base Salary
L Base $40,6901annual $42,114/annual $43,588/annual
II. Starting 15~' Year $41,262Jannual $42,809/annual $44,411/annual
III. Starting 20`" Year $42,003/annual $43,784/annual $45,627/annual
IV. Starting 25`" Year $43,188/annual $45,113/annual $47,106/annual
C. Assistant Fire Chief Base Salary
I. Base $42,158/annual $43,633/annual $45,161 /annual
II. Starting 15~' Year $43,219/annual $44,990/annual $46,824/annual
III. Starting 20`}` Year $43,960/annual $45,913/annual $47,934/annual
IV. Starting 25~' Year $44,836/annual $46,871/annual $48,977/annual
D. Longevity Pay
I. * Step a. 20 yrs and over $6,000/annual
II. * Step b. 20yrs and over $7,200/annual
* Payable as provided in Article 4.1 of this agreement.
21
Letter of Understandin~
Both parties agree to establish a committee for the purpose of setting guidelines for a
fitness/wellness program. If an agreeable program is not set up in a twelve-month period, either
party may take the issue to arbitration. Said program will be added to the contract upon
completion.
For the Union DaCe:
For the City Date:
22
EMPLOYEE PRESCRIBED MEDICAITONS
I, the undersigned employee, notify the Employer that I am taking the following
prescribed medication, which has known adverse side effects and wYuch might impair my ability
to perform my job duties:
1.
2.
3.
I further advise the Employer that I am taking a non-prescription, which also has known
adverse side effects, which might impair my ability to perform my job duties:
1.
2.
3.
I will advise the Employer if, while taking these medications, I realize any impairment to
my ability to perform my duties.
Employee
Date
23
Letter of Understandin~
LA.F.F., Local 1897 and the City of Canton acknowledge tl~at there is a twelve-month window
associated with Step b. in the Longevity Schedule. This window begins on the date of signing of
this Agreement.
For the Union Date
For the City Date
24
Letter of Understa.ndin~
Both parties acknowledge that a Drug and Alcohol testing policy was adopted by Resolution and
continues in effect for the term of this contract.
For the Union Date
For the City Date
25