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Naperville Firefighters Union Agreement

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What is the purpose of this Agreement?

To set forth the parties' agreement with respect to rates of pay, hours of employment, and other conditions of employment.

Who does the City recognize as the sole and exclusive bargaining representative?

The Naperville Professional Firefighters Union, IAFF Local 4302

What is the role of the employees covered by this Agreement?

Public servants who agree to conduct themselves with honor and integrity.

What is the purpose of the procedures for the prompt, equitable, and peaceful adjustment of grievances?

To provide a fair and efficient way to resolve disputes.

Who are the parties to this Agreement?

The City of Naperville and the Naperville Professional Firefighters Union, IAFF Local 4302.

What is the scope of this Agreement?

All full-time sworn personnel employed by the City of Naperville Fire Department with the rank of Fire Captain and below.

How often shall the total amount of deductions be remitted by the employer to the Treasurer of the Union?

Bi-weekly

What can an employee do at any time regarding FIREPAC deductions?

Revoke FIREPAC deductions

Who shall indemnify and hold harmless the City, its elected representatives, officers, administrators, agents and employees?

The Union

What is the purpose of the bulletin board provided by the City?

For posting Union notices and materials

What happens if the City believes that material posted on a Union bulletin board is in violation of the agreement?

The City notifies the Union President, who removes the material

Who is responsible for the costs of preparing and posting Union materials?

The Union

What does the City retain and not waive according to the Management Rights provision?

The right to manage and direct the affairs of the City

What is the exception to the City's management rights?

Any and all articles of this agreement

What is the requirement for postings on the Union bulletin board?

They must be non-political, non-abusive, non-inflammatory, and non-discriminatory

What happens if the Union President is not available to remove material from the bulletin board?

The Fire Chief or Duty Chief removes the material

Who are referred to as 'employees' in this agreement?

Persons encompassed within the bargaining unit.

Which of the following employees are excluded from the bargaining unit?

Fire Chief, Deputy Fire Chief, and civilian employees.

What is the Union's responsibility according to Section 1.2?

To fairly represent all employees in the bargaining unit.

What is the purpose of Section 1.4?

To allow the Union to share information with new hires.

What is the purpose of Section 2.1?

To allow for voluntary dues check-off.

How often can the Union change the fixed uniform dollar amount?

Once a year.

What is the option for employees who do not choose to become dues-paying members?

They must pay a fair share fee.

What is the purpose of Section 2.2?

To allow for FIREPAC deductions.

Who is responsible for collecting dues if an employee has no earnings?

The Union.

What is the significance of the Janus v. AFSCME decision?

It makes becoming a union member or paying union dues strictly voluntary.

What is the maximum number of calendar days an employee can be temporarily changed to a 40-hour workweek?

30

How often do shift employees receive a 24-hour Kelly day?

Every 9th scheduled shift

What is the purpose of Kelly days?

To reduce average work hours to an annual average of 49.9 hours per week

How is overtime pay calculated for 40-hour workweek employees?

At a rate of 1.5 times the regular hourly rate for all hours worked in excess of 40 hours in a 7-day work cycle

If an employee is temporarily assigned to a special deployment, what hours will be included in their pay?

Time spent traveling to and from the remote location, and hours actually worked at the site

What is the minimum number of hours of overtime work that must be approved by an employee's Chief Officer or designee?

Any amount of overtime work requires approval

How are work reduction days scheduled?

By seniority

What is the sole remedy if an employee demonstrates they were not afforded an overtime opportunity?

The opportunity to work the next available overtime assignment of a similar nature

What happens to periods of less than 15 minutes of overtime work?

They are not counted when calculating overtime pay

Who is responsible for obtaining personnel for Regular Shift Overtime, Short Notice Shift Overtime, and Emergency Shift Overtime?

The Union

What is the primary purpose of Article V of the City of Naperville and IAFF 4302 2020-2024 CBA?

To define the normal hours of work and provide the basis for the calculation and payment of overtime

What happens to an employee's schedule during a special deployment?

It may be temporarily changed

What is the purpose of flexible scheduling for 40-hour workweek employees?

To allow employees to work an alternative schedule

What is the minimum pay for employees called back to work outside their normal hours?

Two hours' pay

How is time off accrued for employees electing to work a flexible schedule?

It is accrued on an 8.88-hour time frame

According to the City of Naperville and IAFF 4302 2020-2024 CBA, how many consecutive hours off do bargaining unit personnel normally get after a 24-hour duty shift?

48 consecutive hours

What is the rate of overtime pay for employees working in excess of 24 consecutive hours of actual work?

1.5 times the regular hourly rate

What is the normal work schedule for bargaining unit personnel assigned to 40-hour workweeks?

An 8-hour day plus a one-hour unpaid meal period

What is the purpose of the Overtime Group Page?

To assign overtime less than 7 days' notice

What is the adopted work cycle for purposes of Section 7K of the FLSA?

A 27-day work cycle

What happens to compensatory time earned by an employee?

It can be banked for later use

What is the primary reason for temporarily suspending the provisions of the City of Naperville and IAFF 4302 2020-2024 CBA?

Civil emergency

What is the Emergency Holdover?

A situation where the Fire Chief holds over personnel to deal with an emergency

What restricts the use of compensatory time?

Circumstances that would constitute an undue disruption of the Department's operations

Who has the authority to declare a civil emergency?

The Mayor or his authorized designee

What is the purpose of Section 5.10 No Pyramiding?

To prevent employees from being paid multiple times for the same hours

What is the limitation on the City's authority to suspend the provisions of the City of Naperville and IAFF 4302 2020-2024 CBA during a civil emergency?

Wage rates cannot be suspended

What is the purpose of the City's flexible work schedule policy?

To improve employee work-life balance

Who must approve changes to an employee's work schedule?

Both the employee's supervisor and the Fire Chief

What happens if an employee is unable to take a lunch break due to operational issues?

The employee is paid for the lunch break

What is the maximum amount of hours that can be held in the Hire-Back Bank at any one time?

108 hours

How is the time accrued in the Hire-Back Bank?

At a rate of 1 hour worked equals 1.5 hours banked

What is the minimum amount of time that can be accumulated in the Hire-Back Bank?

2 hours

What is the purpose of the Hire-Back Bank?

To bank time off for future use

How much notice must an employee give to request time off using the Hire-Back Bank?

1 hour prior to the start of the scheduled shift

What happens if the employee's request for time off would cause an unduly disruptive day?

The employee is given the option to forgo the request and receive payment for the banked time

What is the purpose of the 'adjustment to work schedule form'?

To request time off using the Hire-Back Bank

What is the minimum increment of time that can be requested off using the Hire-Back Bank?

12 hours

Which holidays are excluded from requests for time off using the Hire-Back Bank?

New Year's Day, Easter, Fourth of July, Thanksgiving, and Christmas

What happens to an employee's Hire-Back Bank balance if they take an unduly disruptive day?

It is reduced by time and one-half for every hour taken off

What is the primary purpose of Shift Overtime?

To cover the routine delivery of emergency services

Who is responsible for mandatorily assigning overtime work for shift or special duties?

The Fire Chief or his designee

What is the purpose of the Mandatory Overtime Holdover List?

To assign mandatory overtime to employees in accordance with the provisions of the Agreement

Under what circumstances are employees exempt from mandatory overtime?

All of the above

How long must probationary personnel wait before being eligible for mandatory overtime?

90 days

What is the purpose of the Special Duty Overtime Callout?

To select employees for special duty overtime assignments

How are special duty overtime opportunities that occur with sufficient advance notice posted?

In the Naperville Fire Department Official Correspondence

What happens if an employee works or is assigned to work overtime under the Mandatory Overtime Holdover List?

They are not mandatorily assigned overtime under this procedure until their name comes up again in rotation

What is the primary difference between Shift Overtime and Non-Shift Overtime?

Shift Overtime is used to cover the routine delivery of emergency services, while Non-Shift Overtime is used to ensure staffing for special duty assignments

What is the purpose of the Overtime Group Page?

To transmit additional notifications of available overtime

If a substitute employee works another employee's scheduled work shift, whose hours will be counted?

The original employee's hours

What is the maximum number of officers that can be scheduled off on any shift day for each of the 10 fire stations?

Four

What is the minimum number of fire captains required on each shift?

Two

How many days in advance must requests to move scheduled leave time be received?

Three

How many change requests are permitted for each 12-hour period of scheduled time off?

Three

Who must approve requests for shifts trades of scheduled work time between employees of different shifts?

Both Shift Commanders involved

Under what circumstances can a Shift Commander approve a trade of work time up to the start of an employee's shift?

In extenuating circumstances

What happens if an employee leaves the Department and has outstanding trade time owed?

The trade time is accounted for out of the employee's final pay check

What happens if neither party fulfills their half of a trade and one of the parties leaves the Department?

The agreement becomes null and void

Who can trade with each other, provided all other trade, time off, and City staffing requirements are met?

Captains and Lieutenants

What is the maximum duration of a trade of work time that can be approved under Section 6.3?

11 hours

Under what circumstances can an employee work more than 48 consecutive hours of shift work?

Emergency work in progress

If an employee uses their Hire-Back Bank and there is no hire back required, what happens to their Hire-Back Bank?

It is reduced hour for hour

What is the minimum break required after working 48 consecutive duty hours?

12 hours

Who must approve a trade of work time under Section 6.3?

Company Officer

What happens if an employee separates from service with the City before being entitled to their Hire-Back Bank time?

The City will withhold the amount needed to reimburse the City for the Hire-Back Bank time used

What is the result of a sick call?

It does not constitute an unduly disruptive day

What is the purpose of the 48-hour rule?

To ensure the safety of personnel and operations

What happens to the hours worked by a substitute employee under Section 6.3?

They are excluded from the substitute employee's total hours

What is the purpose of the indemnification agreement?

To protect the City from damages arising from the use of Hire-Back Bank

What is the requirement for trades of work time under Section 6.3?

They must be voluntary by the participating employees

What happens if an employee's Hire-Back Bank usage results in overage costs?

The employee's Hire-Back Bank balance is reduced

How are accrued hours paid out when an employee elects to cash out their Hire-Back Bank?

At the employee's current regular rate

Who can participate in a one-way trade with other personnel who are conducting Union business?

Personnel who voluntarily participate

What happens to compensatory time in excess of 36 hours on December 31st of the year it was earned?

It is automatically cashed out

What is the restriction on trades of work time under Section 6.3?

They cannot be a routine or continual practice

What is the exception to the 48-hour rule?

Emergency work in progress

Under what circumstances can an employee's Hire-Back Bank balance be negative?

When the employee has accrued a negative balance due to overage costs

What is the process for resolving disputes arising from the administration of this section?

Through the grievance arbitration procedure

What is the result of the Deputy Chief or designee raising the minimum manning for the day?

Employees will not be charged with an unduly disruptive day

What is the purpose of Labor-Management Meetings?

To discuss the implementation and administration of the Agreement

What is the purpose of the arbitrator's remedial authority in the event of a grievance related to compensatory time banks?

To make the grievant whole by granting cash value or additional compensatory time off

What is the time period during which employees can punch in before their start time?

Between 6:30 and 7:00 a.m. for a 7:00 a.m. start time

How many days' notice must be given to request a Labor-Management Meeting?

7 days

Who can attend Labor-Management Meetings?

Five bargaining unit employees selected by the Union President and five persons designated by the Fire Chief

What is the purpose of the 'Adjustment to Work Schedule Request' form?

To document changes to scheduled time off or trade of work time

What is not allowed to be discussed during a Labor-Management Meeting?

Grievances and negotiations for new terms

What is the maximum number of consecutive shift days off that an employee can take?

10 days

What is the effect of a trade of work time on the number of compensable hours of work for employees?

It has no effect on the number of compensable hours of work

What happens to a bargaining unit employee who attends a Labor-Management Meeting during their non-work time?

They are not compensated by the City

What is the purpose of the agenda for a Labor-Management Meeting?

To outline the topics to be discussed

Who is responsible for the overall administration of the FLSA calendar?

The Deputy Chief

What happens if the City determines that any of the terms in Section 5.12 need to be amended, added to, or otherwise changed?

The City shall consult with the Union and engage in impact bargaining over the proposed change

Can either party add to the agenda for a Labor-Management Meeting?

Yes, either party can add to the agenda

What is the limit on the number of attendees from the bargaining unit at a Labor-Management Meeting?

5

What is the requirement for requesting a change of leave or trade of work time?

The request must be made through the 'Adjustment to Work Schedule Request' form

What is the limitation on the hours worked by a substitute employee in a trade of work time?

The hours worked by the substitute employee are excluded from the calculation of hours for which the substitute employee is entitled to compensation

What is the responsibility of the Company officers in the electronic timekeeping system?

To adjust time punches made in error

Study Notes

Here are the study notes for the provided text:

Introduction

  • Agreement between the City of Naperville and the Naperville Professional Firefighters Union, IAFF Local 4302
  • Effective from 2020 to 2024

Preamble

  • Purpose of the agreement:
    • Set forth rates of pay, hours of employment, fringe benefits, and other conditions of employment
    • Prevent interruptions of work and interference with City operations
    • Encourage harmonious labor-management relations
    • Provide effective and efficient services to the public
    • Provide procedures for prompt, equitable, and peaceful adjustment of grievances

Article I - Recognition and Representation

  • City recognizes the Union as the sole and exclusive bargaining representative for all full-time sworn personnel employed by the City of Naperville Fire Department with the rank of Fire Captain and below
  • Excluded from the bargaining unit:
    • Fire Chief, Deputy Chief, Battalion/Bureau Fire Chiefs
    • Employees excluded from the definition of firefighter as defined in Section 1603(g) of the Illinois Public Labor Relations Act
    • Civilian employees, part-time employees, and other supervisory, managerial, professional, short-term, and confidential employees as defined by the Act

Article II - Dues Check-Off and Fair Share

  • Voluntary dues check-off:
    • City will deduct uniform, regular Union dues from each employee's regular paycheck
    • Employee may revoke dues check-off authorization at any time
  • Fair share fee:
    • Employees who do not choose to become dues-paying members of the Union shall have the option to pay a fair share fee to the Union for collective bargaining and contract administration services rendered

Article III - Union Bulletin Board

  • City will furnish suitable space for a bulletin board in each fire station
  • Union will use the bulletin board to post notices, but postings must be non-political, non-abusive, non-inflammatory, non-defamatory, and non-discriminatory

Article IV - Management Rights

  • City retains traditional rights to manage and direct the affairs of the City
  • Rights include:
    • Planning, directing, controlling, and determining all operations and services of the City
    • Supervising and directing the working forces
    • Establishing qualifications for employment and employing personnel
    • Scheduling and assigning work and employees
    • Changing methods, means, organization, and number of personnel

Article V - Hours of Work and Overtime

  • Normal hours of work:
    • Shift personnel: 24 consecutive hours, beginning at 7:00 a.m., followed by 48 consecutive hours off
    • 40-hour workweek personnel: 8-hour day, plus a 1-hour unpaid meal period
  • Overtime pay:
    • 1.5 times the regular hourly rate of straight-time pay for all hours actually worked outside scheduled hours or in excess of 24 consecutive hours of actual work
    • Paid in 15-minute increments
    • Must be approved by the employee's Chief Officer or designee prior to the commencement of work

Article V (continued)

  • Overtime assignment definitions:
    • Shift Overtime: distributed to satisfy shift staffing levels
    • Non-Shift Overtime: distributed to ensure staffing for short-term or temporary assignments
    • Emergency Call-Out: distributed to provide additional staffing to supplement response to community emergencies
  • Mandatory Overtime Assignment:
    • Fire Chief or designee may mandatorily assign overtime work for shift or special duties
    • Separate Mandatory Overtime Holdover List of all bargaining unit shift employees, based on reverse seniority
    • Exceptions to personnel on the list for mandatory overtime:
      • Personnel who have worked or are scheduled to work 48 hours
      • Personnel who are not on duty
      • Personnel scheduled off the next shift day
      • Probationary personnel
      • Individuals next on the list who are ineligible due to rank not neededHere are the study notes in detailed bullet points:
  • Overtime Duty*
  • Overtime duty not filled within 21 days (or 7 days prior to the special duty assignment) will be transmitted to the Overtime Group Page.
  • Short notice special duty overtime opportunities with less than 7 days' notice will use the Overtime Group Page as the first step.
  • Unfilled special duty overtime will be assigned from the mandatory overtime holdover list of the shift preceding the special duty assignment.
  • Call Back Pay*
  • Employees called back to work outside their normal hours will be paid for all hours worked outside their normal shift, with a minimum of two hours' pay at their applicable rate.
  • This provision does not apply to scheduled overtime.
  • Compensatory Time*
  • When an employee works a hire-back or earns compensatory time, they may elect to bank the hours as compensatory time in lieu of receiving monetary compensation.
  • Banked time may be used to take time off at a future date when the leave calendar might otherwise be full and prevent normal scheduling of time off, or in the case of a personal emergency where time off is needed.
  • Hire-Back Bank*
  • Accrual limits: Banked time may be accumulated in increments of no less than 2 hours at a time.
  • Time shall be banked at a rate of 1.5 times the number of hours worked (e.g., 24 hours worked equals 36 hours banked).
  • A maximum of 108 hours may be held in the bank at any one time.
  • Requesting to Use Hire-Back Bank Time*
  • Employees must have the equivalent of time and one half of the time requested in the bank.
  • Time must be requested in increments of 12 hours (0700-1900 hours, or 1900-0700 hours) or 24 hours (0700-0700).
  • Hire-back bank days may be used consecutively, but they may not cause an individual to exceed ten (10) consecutive shift days off when combined with vacation, Kelly, and trade time.
  • Unduly Disruptive Days*
  • If a hire-back is necessary to cover the employee's requested time off, the employee may have the following options:
    • Direct the shift commander to forgo the request for time off and reimburse the employee for 36 hours of banked time.
    • Withdraw the request and resubmit a request for leave at another time that does not cause a hire-back.
    • Take the leave requested.
  • If the leave requested causes a hire-back, the scheduled employee taking the leave shall be designated as having taken an "unduly disruptive day" and their hire-back bank shall be reduced by time and one half for each hour granted off.
  • Overage Costs*
  • If an overage occurs, the employee using the Hire-Back Bank time shall have the following options:
    • The overage time will be charged to the employee using the Hire-Back Bank, and their balance will be reduced accordingly.
    • The requesting and covering employees may mutually agree that the overage time be considered an emergency duty trade subject to approval of the Shift Commander.
    • The employee using the Hire-Back Bank may submit a written request to the Fire Chief or his designee for both employees to be paid due to extenuating circumstances.
  • Electronics Timekeeping*
  • All bargaining unit employees must register their time worked by "punching" in and out of the City's electronic timekeeping system.
  • Company officers will have the ability to adjust any time punches that are made in error to assure accuracy of an employee's record of worked time.### Probationary Personnel Trades
  • Probationary personnel are eligible for trades with other probationary personnel immediately after completing their NFD orientation/training program assignment to shift.
  • Trades with non-probationary personnel are not allowed until 90 days after completing their initial NFD orientation/training program and subsequent assignment to shift.

48-Hour Rule

  • Personnel may not work more than 48 consecutive hours of shift work, including scheduled shift time, trade time, and shift overtime.
  • A minimum 12-hour break is required after working 48 consecutive duty hours.
  • Exceptions to the 48-hour rule may be made under extenuating circumstances, such as emergency work or community disasters, with approval from the Fire Chief or their designee.

Less Than 12-Hour Trades

  • Shift employees may request a trade of scheduled work time for less than 12 hours, provided it is voluntary and does not result in staffing deficits at the affected station or shift.
  • Trades are permitted on a position-for-position basis (e.g., company officer for company officer, firefighter/paramedic for firefighter/paramedic).
  • The hours worked by the substitute employee shall be excluded from the calculation of hours for which the substitute employee would otherwise be entitled to compensation, including overtime.

Labor-Management Meetings

  • The City and the Union agree to hold meetings to discuss efficient management and harmonious employee relations.
  • Meetings should be requested at least 7 days in advance by either party, with a written agenda provided.
  • The purpose of the meetings is limited to discussions concerning the implementation and administration of the Agreement, sharing of general information, and changes in non-mandatory subjects of bargaining.
  • Attendance is limited to 5 bargaining unit employees selected by the Union President and 5 persons designated by the Fire Chief.

This agreement outlines the terms of employment, pay rates, and benefits for Naperville firefighters. It sets forth the agreed upon conditions of employment between the City of Naperville and the Naperville Professional Firefighters Union.

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