HomeMy WebLinkAboutResolution #3478~'
RESOLUTION NO. 3478
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AND CANTON FIRE DEPARTMENT, LOCAL NO. 1897,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAlD
AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the City of Canton, Illinois has entered into- negotiations with the
Canton Fire Department, 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 Canton Fire Department,
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 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.
PASSED by tie City Council of the City of Canton, Fulton County, Illinois, at a
regular meeting this 2 t h day of July, 1999 upon a roll call vote as follows:
AYES: Aldermen Molleck, Hartford, Sarff, Phillips, Nidiffer, Meade,
Shores, May.
NAYS: None.
ABSENT: None.
APPROVED:
Donald E. Edwards, Mayor
Attest:
ancy White City Clerk.
(Resawps)
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2nd 28540 29400 30290
3rd 30220 31130 32070
4th 33390 34400 35440
5th 34500 35540 36610
7th 35610 36680 37790
10th 35985 37070 38190
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25th 37310 38430 39590
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15th 37560 38690 39860
20th 37960 39100 40280
25th 38760 39930 41130
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15th 39070 40250 41460
20th 39470 40660 41880
25th 40270 41480 42730
CONTRACT
between
THE CITY OF CANTON, ILLINOIS
and
CANTON FIRE FIGHTERS, LOCAL
1897
I.A.F.F. , A.F.F.I. ,AFL/CIO
May 1, 1999
through
April 30, 2002
TABLE OF CONTENTS
ARTICLE PAGE(S)
1. Purpose and Definition of Terms 1
2. Recognition 2
3. Hours of Work 2
4. Wages 3
5. Vacation 4
6. Holidays 5
7. Sick/Personal Days 5-7
8. Leave 7-8
9. Special Pay Provisions 8-10
10. Clothing Allowance 10-11
11. Commissioned Officers' Insurance 11-12
12. Retirement Insurance 12-13
13. Travel Allowance 14
14. Commissioned Officer Telephone Required 14
15. Duties of Firemen 14
16. Monthly Departmental Meetings 14-15
17. Settlement of Grievances 15-18
18. Check-Off System 18
19. Accrual and Forfeiture of Seniority 18
20. Layoffs 18-19
21. Education Expense 19
22. Residency Requirement 19
23. General Provisions 19-21
24. Discipline 21
Signature Page 22
Appendix A 23
Letter of Understanding 24
Letter of Understanding 25
Letter of Understanding 26
Letter of Understanding 27
AGREEMENT # 1999
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
THE CITY OF CANTON FIltE 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 DEFINITION OF TERMS.
For the purpose of clarification, various terms used in this contract are defined as
follows:
1.2 "Commissioned Officer" shall mean an employee of the City's Fire Department who is
appointed to the department by the City's Fire and Police Commission and who is
subject to the said Commission's disciplinary powers.
1.3 "Civilian Employee" shall mean an employee of the City's Fire Department who is not
appointed to the department by the City's Fire and Police Commission and who is not
subject to said Commission's disciplinary action.
1.4 "Employee" shall mean a fixll-time employee of the City's Fire Department who is a
member in good standing of Local No. 1897, International Association of Fire
Fighters.
1.5 "Employer" shall mean the City of Canton and may be referred to as City.
1.6 "Fiscal year" shall mean the fiscal year of the City of Canton, May 1 through 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 Bazgaining Agent.
The employer recognizes the International Association of Fire Fighters as the sole and
exclusive bazgaining agent for the purpose of establishing salaries, wages, hours and
other conditions of employment for employees of the Fire Department, exclusive of
part-time and volunteer firefighters, for the purpose of collective bazgaining, and
agrees to bazgain in good faith on all these matters.
2.2 Probation Period.
The employment of any employee of the Fire Department shall be followed by a twelve
(12) month probationary period. Such probationary period shall be considered a
period of test or trial for the commissioned officer's work and the employer, during
which time, such commissioned officer may be discharged by the employer without
cause. Nothing herein shall be construed, as to commissioned officers, to be other
than in conformity with the Illinois Fire and Police Commission Act. Prior to
dismissal, Fire Chief shall notify probationer of reason for dismissal and meet to
discuss said reasons. This decision is not subject to the grievance procedure.
3. HOURS OF WORK
Employees covered by the terms of this agreement who work within the Fire
Department shall be assigned to a regulaz duty shift. The regulaz 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 [ELBA]
and further agrees that all bazgaining unit employees aze eligible for FLSA overtime.
For the purpose of FLSA overtime, a work cycle or work period shall consist of 28
calendaz days.
With respect to this Division 3, the employer reserves to itself the exclusive right to set
regulaz 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 regulaz hours of duty outlined in this Division 3, and to the regulaz duty shift
assignment made to each employee. Should the regulaz hours of duty or a shift
assignment be changed, affected employees will first be given 21 days notice.
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4. WAGES.
4.1 Salaries and Longevity.
A. Base Salary. Employees' base salary shall be in the amounts set forth in the salary
schedule specified in Appendix A attached hereto.
B. Longevity. Employees shall be entitled to receive additional longevity salary
payments based upon the service requirements specified in the longevity schedule
specified in Appendix A attached hereto. Employees will be moved from Step to Step
upon accrual of the required years of service unless the employee qualifies for and is
placed in Step 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 15th day
of any calendar month prior to a month in which they have accrued the
required year of service specified in (1) above.
(3) Upon receipt of notice from an eligible employee, the employer shall place
the employee in Step 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.
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VACATION
Each commissioned officer of the City shall accumulate vacation in accordance with
the following schedule:
For employees hired prior to May 1, -1993, the following vacation schedule shall apply:
1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days)
3 years but less than 10 years - 3 weeks vacation
10 years but less than 15 years - 4 weeks vacation
15 years or over - 5 weeks vacation
For employees hired after May 1, 1993, the following vacation schedule shall apply:
1 year but less than 3 years - 2 weeks vacation (not to exceed 6 working days)
3 years but less than 10 years - 3 weeks vacation
10 years or over - 4 weeks vacation
Vacations will be scheduled to meet the operating requirements of the City subject to
approval of the Fire Chief. Vacation schedules shall be made available by the 1st day
of April, with preference given to the commissioned officers with seniority until the 1st
day of May. On May 1st, scheduling will be on a first come first served basis.
5.1 Accumulation of Vacation Time
Vacation time shall be used during the anniversary year of the employee during which
a commissioned officer becomes entitled thereto, unless the Fire Chief makes a written
request during such anniversary year for extension to the office of the Mayor who shall
approve or disapprove the same. When vacations cannot be granted during the
anniversary year, pay in lieu thereof may be given if mutually agreeable.
5.2 Vacation Rights in Case of Layoff or Separation
Any employee who retires or separates from service of the Employer for reasons other
than discharge, prior to using vacation time due, shall be compensated in cash for the
unused vacation accumulated at the time of separation. Employees who are
discharged from service shall not be paid any unused but accumulated vacation time
due.
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6. HOLIDAYS
6.1 Days Designated
The following days are holidays with pay for all commissioned officers: New Year's
Day (1 January), President's Day (3rd Monday in February), Good Friday, Memorial
Day (last Monday in May), Independence Day (4 July), Labor Day (1st Monday in
Sept.), Veterans' Day (11 November),Thanksgiving Day (4th Thursday in Nov.),
Christmas Day (25 December).
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 sixty (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
year. Personal days may only be used when requested and approved by the Fire Chief.
7.2 Computation of Sick/Personal Days -Others.
All other commissioned officers shall begin each fiscal year eligible for ten (10) work
days of which five (5) may be used as personal days when requested and approved by
the Fire Chief and five (5) may be used as sick days.
7.3 Illness of Commissioned Officer or Immediate Family Member
Use of sick leave shall only be used for off duty injury, illness, or exposure to
contagious disease. Commissioned officers shall be governed by the following
requirements in order to be eligible for pay during such sick leave. Immediate family
members shall consist of spouse, children, and step-children in the employee's
household. Commissioned officers must:
a) Report promptly in ascending order the reason for absence to the on-duty shift
commander or Fire Chief.
b) Keep the Fire Chief informed of commissioned officer's condition if the
absence is more than three (3) consecutive days duration.
7.4 Pay in Lieu of Personal Days
Should a commissioned officer not use all or any of the five (5) personal days, the
commissioned officer shall be paid in lieu thereof for each unused day. Personal days
may be held over to the next fiscal year by first obtaining written consent of the Fire
Chief and of the Mayor prior to the start of the next fiscal year. Each day shall be
valued at 1/5 of the then current weekly salary.
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 ninety (90) days. Payment for such accumulation of not more
than forty-five (45) days shall be made upon termination of employment, except in
cases of discharge for disciplinary reasons. Each day shall be valued at 1/S of the then
current weekly salary.
7.7 Call-In for Emergency Duty
In the event that a commissioned officer is called for emergency duty on a personal
day, the commissioned officer shall be paid for such emergency duty at a straight time
rate with a minimum of four (4) hours.
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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.
8. LEAVE
8.1 Disability Leave
If a commissioned officer becomes sick or injured off the job and is temporarily
disabled from performing his/her duty, the commissioned officer shall be eligible to
receive disability benefits under the City's Loss of Time Insurance Policy.
8.2 Job Related Disability
Any commissioned officer, injured while performing assigned tasks, shall be eligible
for injury leave in compliance with applicable State Statutes. The commissioned
officer shall be responsible for causing periodic reports to be submitted by the
attending physician to the City Clerk and Fire Chief, on forms prescribed as may be
required. Any expense incurred, in supplying these reports, will be born by the City.
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
Statues.
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8.4 Bereavement
Each commissioned officer shall be granted one (1) work shift of bereavement leave
when a death occurs in the commissioned officer's immediate family. (Immediate
family shall include: spouse, children, mother, father, brother, sister, mother-in-law,
father-in-law, step brothers, step sisters, step children, brother-in-law, sister-in-law,
and grandparents). An additional on (1) work shift may be granted when reasonable
justification is provided to the Fire Chief. Bereavement leave shall be with pay for any
regular scheduled work days.
8.5 Miscellaneous Leave Policies
The Fire Chief has the authority to approve other leaves-of- absence without pay.
Such leaves-of-absence shall be requested by the employee, approved by the Fire
Chief, and reported to the office of the Mayor. Other leaves-of- absence with pay
shall be authorized by the Mayor upon recommendation of the Fire Chief. Action by
the Mayor may be secured upon submission of an approved request from the Fire
Chief. No commissioned officer may be absent without permission of the Fire Chief.
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).
9.2 Emergency Call-In
Commissioned officers, when called in for emergency duty shall be paid at time and
one-half for actual hours worked with a minimum of four (4) hours.
9.3 Non Emergency Call-In
Commissioned officer's, 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.
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9.4 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.
9.5 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 officer for 1 shift (24 hours) or more, said
commissioned officer shall be granted temporary additional duty pay often dollars
($10.00) per shift during the period of such assignment. In 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 officer's regular shift for compensatory time.
Compensatory time off shall be calculated at the rate of one and one-half (1 1/2) times
the hours actually worked and 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, 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 officer 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.
9.9 Shift Commander
There shall, at all times, be a shift commander on duty who holds the rank of Assistant
Fire Chief or Lieutenant.
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9.10 Training
Any commissioned officer directed to attend a training school shall be paid for the time
incident thereto in accordance with the Fair Labor Standards Act.
10. CLOTHING ALLOWANCE
10.1 Annual Payment
All commissioned officers shall be paid an annual clothing allowance of $450.00 for
regulation Firemen's clothing as approved by the City Council. The payment of this
amount shall be made on the first pay day in May.
10.2 Probationary Payment
A probationary employee shall be paid the clothing allowance at the time of his
employment.
10.3 Probationary Commissioned Officer-Reimbursement-Termination.
In the event of the termination of a probationary commissioned officer, for any reason
whatsoever, such commissioned officer shall reimburse to the employer for clothing
allowance paid as follows: one-half shall be retained by the commissioned officer.
The remaining one-half shall be reimbursed to the employer in that percentage amount
which the remainder of the probationary year existing at the time of termination bears
to the full twelve (12) month probationary period.
10.4 Non-Probationary Employee-Reimbursement-Termination
In the event of the termination for any reason, except retirement, of a
non-probationary commissioned officer, such commissioned officer shall reimburse the
employer on account of clothing allowance paid as follows: Such commissioned
officer shall reimburse the employer clothing allowance paid in the current fiscal year
in that percentage amount which the remainder of such fiscal year existing at the time
of termination bears to the whole of such fiscal year.
10.5 Reimbursement Deduction
In every instance, the reimbursement herein above due shall be deducted from such
money amounts which may be yet due and payable from and by the employer.
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10.6 Equipment Furnished
The City shall furnish all commissioned officers with the following, but not limited to,
helmet, nomex coat with liner, boots, nomex 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.
11. COMII~IISSIONED 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 26 bi-weekly equal payments.
The employer shall pay the balance of all the total insurance premiums including the
cost of health and dental insurance coverage, for the commissioned officer and their
dependents. 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 Apri130th 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 Officer'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 payments for commissioned officers'
dependents) that commissioned officer shall first be required to pay the first $250.00
aggregate amount of any such claim(s) for a commissioned officer without dependents;
or, $500.00 aggregate for a commissioned officer with dependents.
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11.4 Insurance Committee
A joint Health Insurance Committee shall be formed and be comprised of the following
persons who accept invitations to participate:
1. A Representative of I.A.F.F, Local 1897
2. A Representative of A.F.S.C.M.E. Loca1759
3. A Representative of A.F.S.C.M.E. Local 1372
4. A Representative ofNon-Represented Employees
5. A Representative of Management
6. A Representative of City Council
This committee shall be empowered to research and analyze the existing coverage and
benefits, as well as, available plans to recommend possible changes to and/or additions
to the existing plan. The committee shall only make recommendations to modify the
existing plan with a 2/3 majority vote of the committee. No recommended change
shall substantially change the benefit levels and coverage of the existing plan. Also this
committee will be empowered to hear complaints on insurance payments. The City
shall have the final authority on any recommended changes or appeals on payments.
12. RETIREMENT INSURANCE
12.0 Life Insurance and Retirement Insurance
The insurance coverage for retired employees shall consist of the overall group plan
of Hospital, Health, Dental and Life insurance coverage. The amount of Life
Insurance shall be $20,000.00 prior to age 65 or retirement, at which time it shall be
reduced to $10,000.00. Provided, however, that if the amount of Life Insurance
provided to any other City employees or retirees of any other department is increased
above $20,000.00 and $10,000.00 respectively, during the term of this Agreement,
employees covered by this Agreement or retirees, as the case may be, shall receive
insurance coverage at least equivalent to that provided by the City to any other City
employee or retiree.
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12.1 Retired Commissioned Officers Before May 1, 1993
For commissioned officers who have retired before May 1, 1993 and who have twenty
(20) yeazs of service and who have reached fifty (50) years of age, or who have
twenty-five (25) yeazs of service regazdless of age, the employer shall pay the full
amount of the applicable insurance premium. Premium payment shall be for the
retiree, retiree's spouse, and dependent children. Retired commissioned officers who
become reemployed where insurance coverage is provided by the new employee shall
be excluded from this provision. Upon attaining his age of sixty-five (65) yeazs, or
such other age as Congress may subsequently determine, this coverage shall terminate
and the retired commissioned officer shall make application to Medicaze or to its
successor program. The retired commissioned officer shall have the option of
purchasing Medicaze supplement insurance at his expense through the City's group
insurance carrier, if available.
12.2 Retired Commissioned Officers -After May 1, 1993
Commissioned officers who retire after May 1, 1993 and who have twenty (20) yeazs
of service and who have reached fifty (50) yeazs of age, or who have twenty-five (25)
yeazs of service, regazdless 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 annual pension (to be paid in twelve (12)
equal monthly payments). Premium payments shall be for the retiree, retirees spouse,
and dependent children. Retired commissioned officers who become reemployed
where insurance coverage is provided by the new employer shall be excluded from this
provision. Upon attaining his age of sixty-five (65) yeazs, or such other age as
Congress may subsequently determine, this coverage shall terminate and the retired
commissioned officer shall make application to Medicaze or to its successor program.
The retired commissioned officer shall have the option of purchasing Medicaze
supplement insurance at his expense through the City's group insurance carrier, if
available.
12.3 DISABLED COMMISSIONED OFFICER AND SPOUSE AND DEPENDENTS OF
DECEASED COMMISSIONED OFFICER.
A permanently disabled commissioned officer and the surviving spouse and dependent
children of a deceased commissioned officer shall participate in the City's insurance
plan, but only to the extent specifically provided in the last four (4) sentences of
Section 12.1, above. This section shall apply only to spouses of disabled/deceased
commissioned officers who aze lawfully married to such commissioned 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.
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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 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. 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
employer 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.
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 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 (1 1/2) hours at the employee's straight time hourly rate.
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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 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) Responsibility
Although it is understood that grievants) are entitled to union representation and/or
one grievant may represent the alleged aggrieved parties; the grievants) are still
mandated to be present at all meetings/discussions held between all parties. They may
be excused from attendance if just cause is proven with agreement by both parties.
17.4 Union Responsibility
It will be the responsibility of the representatives of I.A.F.F. Local 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.
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17.6 Grievance Steps
Grievances shall be refereed 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 refereed in writing to the standing
Committee on Grievance, Negotiations and Personnel within seven (7) calendar days
after the response by the Fire Chief is made. The Committee shall thereafter meet with
the aggrieved fireman and his representative, if any, within fourteen (14) calendar days
of submission of the written grievance to the Committee. Following such meeting,
the Committee shall make its written answer within fourteen (14) calendar days
following such meeting. However, by mutual consent, this latter 14 day period may
be extended by an instrument in writing signed both by the aggrieved fireman or his
representative and by the Chairman of the Committee or by the Chairman pro tem. If
the grievance yet remains, it shall, within seven (7) calendar days of the committee's
written answer, be submitted to the Mayor in writing. The Mayor shall make written
answer within seven (7) calendar days of receipt of the written grievance.
In addition, health and safety measures are grievabce items or cases under the
grievance procedure. All health and safety matters shall only be grieved through Step
3 of the grievance procedure.
17.7 Arbitration
If, after the foregoing grievance process has been fully completed, the grievance yet
subsists, either party may invoke binding arbitration within seven (7) calendar days of
the Mayor's written answer by giving written notice of referral to the other party.
17.8 Authority of the Arbitrator
The authority of the arbitrator is specifically limited to the interpretation of the terms
of this Agreement. The arbitrator shall consider and decide only the specific issue
submitted to him in writing by the City and the Union, and shall have no authority to
make a decision on any other issue not so submitted. The arbitrator shall have no
right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this
Agreement. This section relating to binding grievance arbitration shall not be
interpreted to in any way constitute a delegation of any power or jurisdiction from the
Police and Fire Commission to the arbitration process.
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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 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.
17.11 Selection of Arbitrator
The arbitration proceeding shall be conducted by an arbitrator to be selected by the
employer and the union within 7 business days after notice has been given. If the
parties fail to agree to the selection of an arbitrator, the Federal Mediation and
Conciliation Service (FMCS) shall be requested by either or both parties to submit
simultaneously to both parties an identical list of 7 names of person from their
grievance arbitration panel, who are residents of Illinois, and members of the National
Academy of Arbitrators. The employer and the union shall each have one opportunity
to request the submission of a different grievance arbitration panel meeting the same
requirements. Once a panel has been accepted, each party shall have the right to strike
3 names from the list. A toss of a coin shall determine which party will first strike one
(1) name; the other party shall then strike one (1) name. The process will be repeated
twice more and the remaining named person shall be the arbitrator. FMCS shall be
notified by the parties of the name of the selected arbitrator, who shall be notified by
the FMCS of his/her selection and request the scheduling of a mutually agreeable date
for the commencement of the arbitration hearing(s).
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17.12 Court Reporter; Costs of Arbitration
A qualified court reporter shall be present at all arbitration hearings and shall make a
full and complete record thereof. The parties to the arbitration hearing shall equally
share the costs of such court reporter. Any party requesting a transcript of the hearing
shall bear the cost thereof except that if both parties request a transcript, they shall
equally share the total cost thereof.
17.13 Effect of Arbitration
Subject to the appeal procedure set forth by the Uniform Arbitration Act, the decision
of the arbitrator shall be final and binding.
18. CHECK-OFF SYSTEM
Union dues or fair share payment shall be deducted from a commissioned officer's
paycheck upon receiving written authorization from the commissioned officer and shall
be paid to the treasurer of the local union each month.
19. ACCRUAL AND FORFEITURE OF SENIORITY
All commissioned officers shall be given seniority beginning with the date of
employment with the department. Months of layoff do not count towards seniority.
Temporary full-time commissioned officers shall be allowed credit for seniority for
continuous past month's service, if hired on a permanent basis without a lapse in
employment. Seniority shall be forfeited for any of the following reasons:
1. Commissioned officer resigns
2. Commissioned officer is discharged for just cause
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.
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20.2 Order to be Followed When Laying Off
Commissioned officers shall be laid off in conformity with the Illinois Fire and Police
Commission Act (Ill. Rev. Stat. 1985, ch. 24, 10-2.1-1 et sequi). Layoffs to
accomplish a reduction in the department rank structure shall be by seniority in the
rank to the next lower rank. Layoffs to reduce the size of the department shall be by
overall seniority in the department. Or, a combination of the foregoing may be
utilized, as, for example, in a reduction of both department size and rank structure.
Civilian employees of greater overall seniority may be laid off before less senior
commissioned officers are laid off.
20.3 Order to be Followed in Call-Back
Recall of commissioned officers shall be in conformity with the requirements of the
Fire and Police Commission Act (Ill. Rev. Stat. 1985, Ch. 24, 10-2.1-1 et sequi), that
is to say, by inverse order of layoff.
Commissioned officer laid off at a later date may be recalled before civilian employees
laid off at an earlier date.
21. EDUCATION EXPENSE
The City shall reimburse the commissioned officer for tuition and books required for
attending any job related course or for attending any course required for a job related
degree, in the amount not reimbursed by other agencies, providing such was approved
in advance by the Fire Chief. The above reimbursement would be contingent upon the
successful completion of such course.
22. RESIDENCY REQUIltEMENT
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 except insurance changes by the insurance committee will remain in full
force and effect for the term of this agreement.
23.2 Nothing is this agreement shall be construed to negate the status of the employer as a
municipal employer and any provisions hereof which, by interpretation or otherwise,
would abridge or restrict the power and authority conferred by law on the employer as
a municipal employer shall be void and of no effect.
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23.3 No Strike or Lock-Out
The employer agrees that there shall be no lock-out during the term of this agreement.
The union agrees that there will be no strike by itself and that it will not authorize or
encourage any strike by any employees during the term of this agreement.
23.4 Firefighters shall not be utilized as strikebreakers, nor be utilized to perform work
normally performed by other skilled trade/labor unions.
23.5 Titles or Headings
Any titles or headings in this agreement are inserted solely for the convenience of
reference and shall not be deemed to limit or affect the meaning, construction or effect
of any provision of this agreement.
23.6 Totality
The employer and union acknowledge that during the negotiations which resulted in
this agreement, both parties had the unlimited opportunity to present all demands and
proposals and that this agreement shall constitute the entire agreement between the
parties for its duration, unless mutually agreed upon by both parties.
23.7 Conflict with Existing Policies or Regulations
If there is a conflict between an existing City policy or regulation and an expressed
term or provision of this agreement, the term or provision of this agreement shall
apply.
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 organizational structure and selection of new employees,
examination techniques and direction of employees, and the total number of employees
employed. Furthermore, except as otherwise provided elsewhere in the terms of this
agreement, the employer shall retain the right to promote, suspend, discipline or
discharge employees with just cause, to lay off or relieve employees from duty; to
make, publish and enforce reasonable rules and regulations; and to introduce new or
improved methods, equipment or facilities, provided that no right enumerated in this
agreement shall be exercised or enforced in a manner contrary to the provisions of this
agreement.
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23.9 Termination
This agreement shall be effective as of the First (1st) day of May 1999, and shall
remain in full force and affect through the 30th day of April 2002. 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, 1999.
24. DISCIl'LINE
"Discipline" shall mean suspension, verbal or written reprimand and termination (not
including layoffs). Discipline shall be fair, uniform, incremental, not arbitrary and shall
be designed to improve behavior, not punish it. The severity of the discipline shall be
determined by the severity of the offense and the officer's prior work/ disciplinary
history. All disciplinary actions which are not subject to jurisdiction of the Board of
Police and Fire Commissioners shall be subject to review pursuant to Division 17 of
this Ageement. No discipline shall be imposed without just cause.
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IN WITNESS WHEREOF, the parties hereto have executed and delivered the
foregoing agreement in two duplicate copies, each of which is hereby declared to be an
original for all purposes. Dated this 1st day of May, 1999.
For the City of Canton, Illinois
G~tea. % ~C
Mayor of the City of Canton, IL
ATTEST: r
City Clerk
r the Union:
Its President
Vice President
Secretary
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APPENDIX A
SALARY SCHEDULE
A.
Step
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Firefighter Base Salary
Years of Service
Probationary
Starting 2nd Year
Starting 3rd Year
Starting 4th Year
Starting 5th Year
Starting 7th Year
Starting 10th Year
Starting 15th Year
Starting 20th Year
Starting 25th Year
Effective
May 1, 1999
$24,330/annual
$28,540/annual
$30,220/annual
$33,390/annual
$34,500/annual
$35,610/annual
$35,985/annual
$36,400/annual
$36,710/annual
$37,310/annual
B. Lieutenant Base Salary
I. Base $37,060/annual $38,180/annual $39,330/annual
II. Starting 15th Year $37,560/annual $38,690/annual $39,860/annual
III. Starting 20th Year $37,960/annual $39,100/annual $40,280/annual
IV. Starting 25th Year $38,760/annual $39,930/annual $41,130/annual
C. Assistant Fire Chief Base Salary
I. Base
II. Starting 15th Year
III. Starting 20th Year
IV. Starting 25th Year
$38,570/annual
$39,070/annual
$39,470/annual
$40,270/annual
Effective
May 1, 2000
$24,330/annual
$29,400/annual
$31,130/annual
$34,400/annual
$35,540/annual
$36,680/annual
$37,070/annual
$37,500/annual
$37,820/annual
$38,430/annual
$39,730/annual
$40,250/annual
$40,660/annual
$41,480/annual
Effective
May 1, 2001
$24,330/annual
$30,290/annual
$32,070/annual
$35,440/annual
$36,610/annual
$37,790/annual
$3 8,190/annual
$38,630/annual
$38,960/annual
$39,590/annual
$40,930/annual
$41,460/annual
$41,880/annual
$42,730/annual
D. Longevity Pay
I.*
II*
*
Step a. 20yrs and over$6000/annual
Step b. 20yrs and over$7200/annual
Payable as provided in Article 4.1 of this agreement.
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Both I.A.F.F., Local 1897 and the City of Canton acknowledge that there is a twelve (12)
month window associated with Step b in the Longevity Schedule. This window begins on the
date of signing of this Agreement.
For the Union
For the City
con99wps
Date ~-- ~--ci~
Date ~-3 - ~ 1~
24
Letter of Understanding
In moving from the existing schedule to this schedule, Dan Oaks shall be granted a 4%
increase over his existing salary and redlined at this salary ($38,953) until May 1, 2000; At
which time his redlined salary shall be increased by 3%- ($40,122). This redline salary shall be
ended and increased to a salary of ($40,250), on his 15th year anniversary as provided by this
schedule.
For the Union r °' ~
For the City C C
Date ~ ~ -~ ~ "1
Date ~ 3 ~~ 9
con99.wps
25
Letter of Understanding
Both parties agree to establish a committee for the purpose of setting guidelines for a
fitness/w ness progr aid program will be added to the contract upon completion.
For the Union ~~c~-~ ~ Date ~ ~, C~+~
For the City ~~ Date ~--~ 'l~,,y'
26
aj
Letter of Understanding
Both parties agree to establish a committee to set guidelines for a Drug and Alcohol testing
po ' . At such tim a policy is established it will be added to the contract.
For the Union ` Date ~ ~ ~-~~-~
For the City ~ -~~~~~z Date ~:j ~ 1~
27