2022-2028 CBA Romeoville Fire Fighters Union PDF
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Romeoville Fire Department
2028
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Summary
This document is a collective bargaining agreement between the Village of Romeoville and the Romeoville Professional Fire Fighters Union, Local #4237, effective from May 1, 2022 to April 30, 2028.
Full Transcript
COLLECTIVE BARGAINING AGREEMENT Between VILLAGE OF ROMEOVILLE And ROMEOVILLE PROFESSIONAL FIRE FIGHTERS UNION, I.A.F.F. LOCAL #4237 May 1, 2022 to April 30, 2028 TABLE OF CONTENTS Page Article I – Preamble..................................................................................................
COLLECTIVE BARGAINING AGREEMENT Between VILLAGE OF ROMEOVILLE And ROMEOVILLE PROFESSIONAL FIRE FIGHTERS UNION, I.A.F.F. LOCAL #4237 May 1, 2022 to April 30, 2028 TABLE OF CONTENTS Page Article I – Preamble..................................................................................................................................... 1 Article II – No Discrimination 2.01 Non-Discrimination........................................................................................................................... 1 2.02 Gender............................................................................................................................................. 1 Article III - Recognition............................................................................................................................... 1 Article IV – Union Security 4.01 Payroll Deduction of Union dues...................................................................................................... 2 4.02 Fair Share Fee Deductions.............................................................................................................. 2 4.03 Fair Representation.......................................................................................................................... 2 4.04 Indemnifications............................................................................................................................... 2 4.05 Bulletin Boards................................................................................................................................. 3 4.06 Union Insignia/Pride......................................................................................................................... 3 4.07 New Hire Orientation........................................................................................................................ 3 Article V – Labor/Management Meetings.................................................................................................. 3 Article VI – Management Rights................................................................................................................. 4 Article VII – Duties, Jurisdiction, Subcontracting and Residency 7.01 Definition of Departmental Duties.................................................................................................... 4 7.02 Contracting Out................................................................................................................................ 4 7.03 Residency...................................................................................................................................................... 5 7.04 Crossover......................................................................................................................................... 5 Article VIII – Hours of Work and Overtime 8.01 Platoon Duty..................................................................................................................................... 5 8.02 Overtime Hours................................................................................................................................ 6 8.03 Call Back........................................................................................................................................................ 6 8.04 Mandatory Overtime, Force-back and Hold-over..................................................................................... 6 8.05 Daily Schedule................................................................................................................................. 8 8.06 Work Day Schedule.......................................................................................................................... 9 8.07 Outside Employment.................................................................................................................................... 9 8.08 Compensatory Time....................................................................................................................... 10 8.09 Time-Clock System........................................................................................................................ 10 Article IX - Discipline 9.01 Discipline........................................................................................................................................ 10 9.02 Discipline by the Fire Chief............................................................................................................. 11 9.03 Suspensions over Five Days and Discharges....................................................................................... 12 9.04 Notice and Investigation…........................................................................................................................ 13 9.05 Right to Representation.................................................................................................................. 13 9.06 Personnel File................................................................................................................................ 13 9.07 Use of Past Discipline for Progressive Discipline.................................................................................. 13 ii Article X – Grievance Procedure 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 Definition........................................................................................................................................ 14 Procedure....................................................................................................................................... 14 Arbitration.................................................................................................................................................... 15 Limitations on Authority of the Arbitrator................................................................................................ 15 Time Limit for Filing........................................................................................................................ 15 Employee Right to Self-Representation......................................................................................... 16 Investigation…........................................................................................................................................... 16 Union Representation…........................................................................................................................... 16 Article XI – No Strike and No Lockout 11.01 No Lockout..................................................................................................................................... 16 11.02 No Strike......................................................................................................................................... 16 11.03 Judicial Restraint........................................................................................................................................ 17 Article XII - Seniority 12.01 Definition........................................................................................................................................ 17 12.02 Probationary Period........................................................................................................................ 17 12.03 Termination of Seniority............................................................................................................................ 17 12.04 Seniority List…........................................................................................................................................... 18 Article XIII – Layoff and Recall 13.01 Layoffs............................................................................................................................................ 18 13.02 Recall............................................................................................................................................. 18 13.03 Ratio…........................................................................................................................................................ 19 13.04 Staffing/Shift Assignment…..................................................................................................................... 19 Article XIV – Vacancies and Promotions 14.01 Promotion to the Ranks of Lieutenant and Battalion Chief............................................................. 20 14.02 Vacancies....................................................................................................................................... 20 14.03 Eligibility Requirements............................................................................................................................. 21 14.04 Application to be Tested…....................................................................................................................... 21 14.05 Components, Weighting and Order of Testing............................................................................... 22 14.06 Candidate Withdrawal.................................................................................................................... 22 14.07 Test Components...................................................................................................................................... 22 14.08 Scoring of Components, Establishment of Promotional List................................................................ 24 14.09 Order of Selection.......................................................................................................................... 25 14.10 Duration of Final Promotional List.................................................................................................. 25 14.11 Monitoring of the Testing Process........................................................................................................... 25 14.12 Right of Review.......................................................................................................................................... 25 Article XV – Rules and Regulations 15.01 Modifications.................................................................................................................................. 25 15.02 Administration................................................................................................................................ 26 15.03 Adherence.................................................................................................................................................. 26 Article XVI – Exchanges, Transfers and Acting Out of Class 16.01 Shift Exchange............................................................................................................................... 26 16.02 Shift Transfers................................................................................................................................ 26 16.03 Acting Out of Classification Pay............................................................................................................... 27 16.04 7(g) Agreements........................................................................................................................................ 27 16.05 Acting Out of Classification Assignment......................................................................................... 28 16.06 Non-Bargaining Unit Specialty Positions........................................................................................ 29 Article XVII – Tuition Reimbursement and Holiday Pay 17.01 Tuition Reimbursement.................................................................................................................. 29 17.02 Holiday Pay.................................................................................................................................... 29 iii Article XVIII - Insurance 18.01 Hospitalization and Major Medical Insurance.................................................................................. 30 18.02 Cost Containment........................................................................................................................... 30 18.03 Terms of Policies.........................................................................................................................................30 18.04 HMO and HSA Options..............................................................................................................................31 18.05 Life Insurance................................................................................................................................. 31 18.06 Retirement...................................................................................................................................... 31 18.07 Dental and Vision…....................................................................................................................................31 18.08 Flexible Spending Program…....................................................................................................................31 18.09 Wellness Program.......................................................................................................................................31 Article XIX - Vacations 19.01 Vacation Allowance........................................................................................................................ 32 19.02 Vacation Pay.................................................................................................................................. 32 19.03 Vacation Selection…..................................................................................................................................32 19.04 Payment on Resignation............................................................................................................................33 Article XX – Miscellaneous 20.01 Discretionary Leave of Absence..................................................................................................... 34 20.02 Military Leave................................................................................................................................. 34 20.03 Jury Duty......................................................................................................................................................34 20.04 Court Leave.................................................................................................................................................34 20.05 Family and Medical Leave.............................................................................................................. 34 20.06 Personal Time................................................................................................................................ 35 20.07 Funeral/Birth Leave........................................................................................................................ 35 20.08 Training Days................................................................................................................................. 36 Article XXI – Sick Leave 21.01 Use of Sick Leave........................................................................................................................... 36 21.02 Accrual of Sick Leave..................................................................................................................... 36 21.03 Accumulation of Sick Leave…...................................................................................................................36 21.04 Sick Leave Procedure................................................................................................................................37 21.05 Sick Leave Abuse........................................................................................................................... 37 21.06 Sick Leave Conversion for Employees........................................................................................... 37 21.07 Medical Examination…...............................................................................................................................38 21.08 Paid Leave Donation..................................................................................................................................38 21.09 Work Related Injury........................................................................................................................ 39 21.10 Light Duty....................................................................................................................................... 40 Article XXII – Protective Gear and Uniforms 22.01 Protective Gear.............................................................................................................................. 40 22.02 Clothing Allowance......................................................................................................................... 40 22.03 Class “A” Uniforms......................................................................................................................................41 22.04 Clothing Change…......................................................................................................................................41 22.05 Quartermaster System.................................................................................................................... 42 22.06 Manner of Dress............................................................................................................................. 42 Article XXIII - Wages 23.01 Wages............................................................................................................................................ 43 23.02 Longevity Pay................................................................................................................................. 44 Article XXIV – Savings Clause.................................................................................................................. 45 Article XXV – Entire Agreement................................................................................................................ 45 iv Article XXVI - Duration.............................................................................................................................. 46 Appendix A - Processing Fair Share Objections.................................................................................... 47 Appendix B – 7(g) Agreement.................................................................................................................. 48 v ARTICLE I PREAMBLE This Collective Bargaining Agreement is entered into by and between the Village of Romeoville, (hereinafter referred to as “Employer” or “Village”), and the International Association of Firefighters, Local # 4237 (hereinafter referred to as the “Union”). This Agreement has as its basic purpose the promotion of harmonious relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operations of the Village; the establishment of a peaceful procedure for the resolution of grievances; and the establishment and administration of an entire agreement covering wages, rates of pay, hours of work and terms and conditions of employment applicable to bargaining unit employees during the term of this Agreement. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE II NO DISCRIMINATION Section 2.01 Non-Discrimination The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The UNION shall share equally with the VILLAGE, the responsibility for applying this provision of the Agreement. Section 2.02 Gender All references to employees in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include male and female employees. ARTICLE III RECOGNITION The VILLAGE recognizes the UNION as the sole and exclusive collective bargaining agent for the bargaining unit consisting of all full-time sworn employees in the rank of Firefighter Tier 1 and Lieutenant, as certified by the Illinois Labor Relations Board in Case No. S-UC-(S)-12-061, and all full-time Firefighter Tier 2s (an employee whose primary function is that of a Paramedic, but who is hired off the current Firefighter Tier 1 Eligibility List). 1 ARTICLE IV UNION SECURITY Section 4.01 Payroll Deduction of Union Dues 1. During the term of this Agreement the VILLAGE agrees to make a payroll deduction each pay period, of UNION dues, and up to two assessments per year, in the amount certified to be current by the Treasurer of the UNION, from the pay of those employees covered by this Agreement who individually request in writing that such deductions be made. The total amount of the deductions shall be remitted to the UNION no later than seven (7) days after the deduction is made by the VILLAGE. 2. Authorization for such deductions shall be irrevocable unless revoked by written notice to the VILLAGE and to the UNION during the (30) calendar days prior to the expiration of the contract. Section 4.02 Fair Share Fee Deductions In Janus v. AFSCME, 585 U.S. (2018), the Supreme Court held that fair share clauses, such as that contained in Article III, Section 2, are unconstitutional. Local 4237 and the Village agreeto strike Article IV, Sections 4.02 – 4.05 in their entirety, and re-number the remaining Sections accordingly. However, in the event the law changes such that fair share fee deductions are not deemed unconstitutional, Local 4237 and the Village agree to reinstate and re-incorporate Article IV, Section 4.02 – 4.05, as they appear in the Parties’ 2016-2019 collective bargaining agreement, into the collective bargaining agreement in effect, or that is being negotiated, at the time the law changes. Section 4.03 Fair Representation The UNION recognizes its responsibility as bargaining agent and agrees to fairly represent all Employees in the bargaining unit regardless of their UNION membership status, to the extent required by law. Any alleged violations of the UNION’S duty of fair representation shall not be grievable. Section 4.04 Indemnifications The UNION shall indemnify and hold harmless the VILLAGE against any and all claims, suits or judgments brought or issued against the VILLAGE as a result of any action taken pursuant to the check-off provision that the VILLAGE has not promoted or instigated such challenge. In the event of any legal action against the VILLAGE brought in a court or administrative agency because of its compliance with this article, the UNION agrees to defend such action, at its own expense and through its own counsel provided: 1. The VILLAGE gives immediate notice of the action in writing to the UNION, and permits the UNION intervention as a party if it so desires, and 2. The VILLAGE gives full and complete cooperation to the UNION and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available to both and all-appellate levels. 2 3. In the event the VILLAGE can demonstrate that a conflict of interest exists, the VILLAGE shall have the right to select its own counsel, which will be paid for by the UNION. Section 4.05 Bulletin Boards The VILLAGE shall provide an area in each fire station not to exceed twenty-four (24”) inches high by forty-eight (48”) inches wide for a UNION bulletin board. The bulletin board shall be for the sole and exclusive use of the UNION. The Union shall limit its posting of notices and bulletins to such bulletin boards. The items posted shall not be political, partisan or defamatory in nature. Any offensive information on the bulletin board may be removed by the Fire Chief with notification to the Union. Section 4.06 Union Insignia / Pride Employees may wear the Official UNION Insignia on both their dress and work uniforms. Such insignia shall be a pin, not larger than the size of a nickel on the dress uniform and a quarter on the work uniform. On the dress uniform such insignia shall be centered above the employee's name plate and/or award bars. On the work uniform such insignia shall be centered above the employee's right breast pocket. Section 4.07 New Hire Orientation As a standing request of the UNION, all new employees covered by this Agreement shall be scheduled to meet with representatives of the UNION for a period of up to 2 hours within the first 14 days of employment for the purpose of orienting them to their rights under the Contract and as Members of the UNION. This new hire orientation meeting shall occur at a mutually agreed upon time between management and the Executive Board. If a mutually agreed upon time is unable to be established, whether due to either party and/or scheduling conflicts, then the VILLAGE shall allow the new hire orientation to be held within normal work-day hours of a regularly scheduled work day, as specified by this Agreement. This meeting shall not interfere with regularly scheduled training and/or can be scheduled at a mutually agreed upon time between the shift steward and Battalion Chief. ARTICLE V LABOR / MANAGEMENT MEETINGS A Labor-Management Committee consisting of the Fire Chief/designee and up to two (2) other members of the Fire Department, as designated by the Fire Chief, and up to three (3) employee members of the UNION shall meet once every quarter or more often if mutually agreed to by the parties for the purpose of discussing any work related problems of mutual concern for the advancement of better relations and efficient operations and to review or make recommendations on safety or health conditions, and to provide mutual support for a strong safety program. The Committee shall have the authority to make non-binding recommendations to the UNION and the VILLAGE where such recommendations are supported by the majority of the Committee members. It is understood that these meetings shall not be used to renegotiate this Agreement or for the purpose of resolving grievances. On-duty members of the UNION authorized to represent the UNION at Labor-Management meetings may attend, but will not be released from duty by the VILLAGE for time spent in Labor-Management meetings. Employees attending LaborManagement meetings off-duty shall not be compensated. 3 ARTICLE VI MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Agreement, federal law, and the provisions of the IPLRA, 5 ILCS 315/1 et seq., the Village retains all of its traditional rights, powers or authority to make and implement decisions concerning the operation of its business. It is the right of the Employer to determine matters of inherent managerial policy and to implement decisions with respect thereto, which include the following: the right to determine, plan, direct and control all the operations and services to be offered by it or its agencies; to determine the Village’s missions, objectives, policies, procedures and to set standards of services offered to the public; to establish its overall budget; to direct, assign and transfer its Employees; to determine and change the content of employment examinations; to determine and change the necessary requirements to participate in any new hire examination process not covered by the Promotions article of this Agreement; the job duties and the minimum qualifications for all positions; to determine the number and types of employees (whether volunteer, paid on call, part time, contract or full time) in compliance with The Fire Fighter Substitute Bill, 65 ILCS 5/10-2.1-4; the rank structure and numbers of employees and types of employees in each rank; manning requirements per shift, station and apparatus; to discipline, suspend, demote, or discharge employees with just cause in compliance with the Fireman’s Disciplinary Act, 50 ILCS 745 and this Agreement (probationary employees without cause and at the sole discretion of the Employer and neither the reason nor the disciplinary action,discharge, lay off or dismissal of a probationary employee may be the subject of a grievance); torelieve and lay off its employees from duty because of lack of work or for other legitimate reasons; to establish work, productivity, training and fitness standards from time to time; to maintain and improve efficiency of governmental operations; to determine the methods, means and personnel by which government operations or a unit thereof are to be conducted orprovided for; to make, alter and enforce rules, regulations, orders, policies and procedures; to change, relocate, modify or eliminate existing methods, equipment, uniforms or facilities; to evaluate and promote employees in compliance with the Fire Department Promotions Act, 50 ILCS 742 et seq.; to take all necessary actions to carry out its mission in emergencies; and to exercise control and discretion over its organizing and the technology of performing its work. ARTICLE VII DUTIES, JURISDICTION, SUBCONTRACTING AND RESIDENCY Section 7.01 – Definition of Departmental Duties The members of the bargaining unit shall be required to perform those duties related to and in direct support of: fire suppression, fire extinguishment, fire prevention, public education, technical rescue, hazardous materials and the delivery of emergency medical services. All bargaining unit members shall be required to drive all apparatus owned and operated by the Romeoville Fire Department prior to the completion of his/her probationary period. In addition, Acting Officer training will be completed by all Firefighter Tier 1s prior to the conclusion of their second year and Acting Battalion Chief training must be completed by all Lieutenants prior to the conclusion of their first year in rank. The members of the bargaining unit shall additionally be required to perform routine repair and maintenance of stations, grounds, apparatus and equipment, and any other unusual items that may arise and are authorized by the Fire Chief or designee. Section 7.02 - No Contracting or Subcontracting It is the Village’s intent and policy to continue to have work which is exclusively bargaining unit work be performed by bargaining unit. Thus, before initiating a procedure for contracting out such bargaining unit work, the Village shall provide the Union at least 30 days’ notice in writing by certified mail or personal delivery, of its intent to subcontract, and will, upon written request made 4 within 7 days of receiving the notice of intent to subcontract, meet and negotiate with the Union regarding the decision and any impact of subcontracting. Failure to timely request such meetings shall act as a waiver of the Union’s right to negotiate the impact of the decision. Any impasse regarding the decision to or impact of subcontracting out such work shall be resolved through the impasse resolution procedures of the IPLRA. Any and all subcontracting must be consistent with the requirements of state law. Section 7.03 Residency Bargaining Unit Members shall reside within the boundaries of the State of Illinois or the State of Indiana. Section 7.04 Crossover Whenever there is a vacant Firefighter Tier 1 or Firefighter Tier 2 position, the following procedures will be utilized to fill said vacancy: When a Firefighter Tier 1 position becomes vacant, that spot(s) will first be offered to fulltime Firefighter Tier 2s, in order of seniority, who are on the Firefighter Tier 1 Eligibility List. If no eligible Firefighter Tier 2 accepts the position(s), the vacancy will be filled by utilizing the current Firefighter Tier 1 Eligibility List. When a Firefighter Tier 2 becomes available, that spot(s) will be offered to a full-time Firefighter Tier 1. The order of offer will be based on seniority for currently held position. If no Firefighter Tier 1 accepts the position(s) the hiring to fill that Firefighter Tier 2 position(s) will come from the current eligibility list. ARTICLE VIII HOURS OF WORK AND OVERTIME Section 8.01 Platoon Duty A. Employees covered by the terms of this Agreement who work within the Fire Department shall be assigned to regular platoon duty shifts. The regular hours of duty shall be 24 consecutive hours on duty, starting at 6:00 AM and ending the following 6:00 AM. The on-duty tour of duty shall be followed by 48 consecutive hours off-duty (with the exception of time changes where the normal workday is extended or reduced by one (1) hour). The annual average weekly hours shall normally not exceed 53.0 hours per week. The average weekly hours shall be accomplished by the Village providing each employee regularly scheduled to work twenty-four (24) hour shifts with every fourteenth (14th) onduty shift scheduled off (withoutloss of pay) as a “Kelly Day.” New personnel will be assigned a Kelly Day rotation. Kelly Days may be traded, between employees on the same shift of equal rank and abilities, with the exception that Kelly Days must be traded in twenty-four (24) hour shifts. Kelly Days may be moved one time by the employee only within the same pay period that the Kelly Day falls. Only one employee on a Kelly Day will be allowed to be off per day. No member(s) shall work greater than 48 consecutive hours unless the member(s) is working a special detail or 7(g) work; not including burn tower and/or stoking. In the event the member(s) are working greater than 48 consecutive hours for a special detail or 7(g) work and experience a stressful event during shift OR are unable to obtain enough restful periods of recuperation during the 48hour work cycle, then the member(s) and Battalion Chief must both agree that the member(s) are fit and able to continue with their special detail and/or 7(g). If the member(s) and the Battalion Chief cannot mutually agree upon recuperation status then justification for working is at the Battalion Chiefs discretion. This decision will be a nongrievable matter. 5 Full-time shift personnel can be temporarily assigned to a forty (40) hour work week at the discretion of the Fire Chief or his/her designee. During this time, the member who takes time off(vacation, sick, personal, or compensatory time) will have to use time as if they were on a twenty-four (24) hour shift (i.e. sick day charged at twenty-four hours instead of eight hours). Members assigned to shift will earn benefits based on working a twentyfour (24) hourshift. Section 8.02 Overtime Hours Overtime, at one and one-half times the employee’s regular hourly rate, shall be paid for all hours worked in excess of 24-hours in a 72-hour period, other than approved shift trades and work performed pursuant to a 7(g) agreement. There will be no pyramiding of pay. If an employee accepts an extra duty detail or 7(g) assignment and an overtime spot arises, that employee cannot accept the overtime detail unless: That employee finds coverage for the extra duty detail or 7(g) assignment; or Accepting the overtime spot prevents a Fire Station from closing down. Section 8.03 Call Back Periodically, off duty personnel are requested to back up on-duty shift personnel due to high call volume. When this occurs, employees who respond to staff the stations shall receive aminimum of two (2) hours pay at one and one-half times the employee’s regular hourly rate. Section 8.04 Mandatory Overtime, Force-back and Hold-over A. Voluntary Overtime The Fire Chief or his designee(s) shall have the right to require overtime work. Each employee shall maintain a phone for this purpose and shall keep the Village informed of their phone number at all times. In non-emergency situations, the Union shall follow the turn sheet procedure described below to seek volunteers prior to assigning required overtime work. Additionally, specific employees may be selected for special assignments based upon specific skills, ability, and experience they may possess. Further, nothing in this provision or elsewhere will be construed to require the Village to offer overtime to employees, nor to preclude the Village from using part time, paid-on-call or other personnel for any available work, so long as the Village complies with the Fire Fighter Substitute Bill except as varied by this Agreement. Overtime assignments and/or extra shifts generally shall be made on the basis of a seniority by rank - based turn sheet. When the need for overtime exists due to the lack of manpower, vacations, sickness, injury, or other unforeseen causes, such overtime shall be distributed to the members of the bargaining unit on a voluntary basis to employees of the same rank and classification based upon a rotating list originally established by seniority by rank. When a Firefighter Tier 1 and/or driver overtime position becomes available the Union member calling out for the overtime will exhaust all eligible members for that rank. If no member takes it, the overtime will then be continued on to Lieutenants to try and fill the position. When there is a Lieutenant overtime position available all eligible Lieutenants will be contacted. If no Lieutenant accepts then the Union member calling out will contact Acting Officers next. With regard to Firefighter Tier 2 6 position overtime, the Union member calling for overtime must go through all Firefighter Tier 2s, first, to fill the overtime spot prior to filling it with a Firefighter Tier 1 and/or Lieutenant. The Union shall establish an up-to-date Departmental Overtime Assignment List. Any new employeeshall be placed on the overtime list with 24 hours more than the employee with the most hours. When overtime is available, a group text will be sent out to all qualified Union members via the available Village paging system and/or software. If the Village paging system and/or software is not available, the Union agrees to fall back and use the previously utilized turn-sheet method for calling out for overtime. The information in the text will include the date, time, position, and station of the overtime assignment, as well as, the name and station of the Union member to contact in regard to the overtime assignment. EXAMPLE: “OT Available Saturday 1/16, 06001800, driver position, at Station 3. Call FF/PM Rymsza @ St 3.” In the event that multiple members accept the available overtime, the Union member filling the overtime position will refer to the Union overtime turn sheet and fill the assignment based off of the last accepted position in accordance with the turn sheet seniority. Once the assignment has been filled a follow-up text should be sent. EXAMPLE: “The OT on Saturday 1/16 from 0600-1800 has been filled.” In the event of officer overtime, Lieutenants will be sent a text with the previously stated information for the overtime assignment. If no Lieutenant accepts the overtime assignment, acting officers will be messaged. If a Union member(s) that would be up next for overtime does not respond after 30 minutes of the group message then individual calls will be made ( i.e. if Rymsza, Koziol then Mateusz were up next for overtime, a group message will be sent. If Mateusz is the only one to respond saying he would take it, Rymsza and Koziol would be called prior to giving Mateusz the overtime. OR if Rymsza, replies and declines and Mateusz accepts, Koziol is still called prior to giving Mateusz the OT). There will be NO waiting between calling members if there is no answer and/or if voicemails are left. With regard to Lieutenant overtime assignments, and no response to the group message, the Union member trying to fill the overtime assignment will call each Lieutenant individually with NO waiting between members if there is no answer and/or if voicemails are left. After each Lieutenant is called with no response(s) or acceptance of the overtime assignment, the Union member trying to fill the overtime assignment will proceed to group text messaging acting officers. In the event no member accepts the overtime and it creates an emergency situation (a station closing or dropping below shift minimums), the Chief or his designee(s) can approve the hire back of a bargaining unit employee who is on a scheduled Kelly day. If that bargaining unit employee accepts the overtime, he/she will be paid at one and one-half times the employee’s regular hourly rate. It will be the responsibility of the Union members to contact each shift steward to keep them informed of the phone number to text and call, if different. It will also be the responsibility of the Union members to alert each shift steward if they are having any trouble, issues, or delays in receiving text messages. No grievance can be filed for any errors in the hire-back process. B. Force-Back The force-back list, which shall be maintained by the Union, shall be accessible electronically and/or posted at all fire stations. This list will be in reverse rotating order based on the date of full time hire. Any time an employee is forced back, the date and the number of hours forced will be documented. 7 Should a mandatory overtime situation arise, the least senior employee on-duty who is assigned to that shift, found to be available on the Departmental Overtime List qualified to fill the vacancy shall be mandated to work the overtime. At no time shall a force-back create a situation wherea member exceeds the 48-hour consecutive work rule. If this is to arise, the next least senior member on-duty assigned to that shift will be forced back. The bargaining unit will utilize a rotating force-back list. Any employee who has requested vacation, trade time, personal time, or other approved time off will not be eligible for force back beginning at the end of their last duty shift, immediately prior to the time off. They will be skipped in the rotation and go back to their place when they resume their next normal duty shift. In the event there is a force-back for the back half of the following shift (1800-0600 hours), the next person on the force-back list will be notified prior to the end of his/her shift that he/she is forced for the back half of the following shift. That member will be required to return to shift at 1800 hours. In the event the force-back is due to a full-time Lieutenant, the force-back will not force-back a full-time Lieutenant nor immediately warrant a hire back of a full-time Lieutenant. The steps fora force-back caused by a full-time Lieutenant will be as follows: 1. Acting Company Officer assigned to the shift and who is currently on the Lieutenant eligibility list; 2. If there is no Acting Company Officer assigned to the shift or on-duty then the most senior Firefighter Tier 1 that meets the qualifications for Lieutenant and has completed the Acting Company Officer Training; 3. If no senior Firefighter Tier 1 meets the qualifications then all Lieutenants, no Acting Company Officers, will be called (no text messaging). This will be a first-come-first serve with no waits in between calling; 4. If no Lieutenant voluntarily accepts the overtime then the most senior Firefighter Tier 1 onshift with the Acting Company Officer training will be forced-back. Upon being forced back, an employee may seek a replacement from the full-time ranks to cover the force back. Any employee who uses a replacement to work a force-back will remain at the top of the force-back list until he or she actually works a force-back shift. C. Holdover Employees held over beyond their normal hours shall be paid for actual time worked at one and one-half times the employee’s regular hourly rate for all time held over. The Fire Chief or his designee may holdover an entire shift, or a portion thereof, to deal with a situation that would constitute an ongoing emergency, work in progress (i.e. any call that runs past the end of the shift), or unforeseen circumstance (i.e. a member is involved in a car accident or is a no call/no show). In the event that members are held over, they will continue working until the incident is resolved or the on-duty Battalion Chief is able to coordinate their replacements and they have been relieved from duty. In the event the hold over is due to an unforeseen circumstance and a member is actually forced back, the holdover personnel should be the next one on the forceback list. Every attempt will be made to release the holdover personnel as soon as possible. Section 8.05 Daily Schedule Employees assigned to shifts of twenty-four (24) hours shall be scheduled to commence work at 0600 hours and end the next day at 0600 hours. The on-duty shift shall be followed by forty- eight 8 (48) hours of scheduled off duty time, which may be impacted by voluntary or mandatory overtime assignments. The VILLAGE retains the right to schedule Employees to work other than shifts of twenty-four (24) hours as deemed necessary by the VILLAGE. However, the UNION and the employee affected by the change in schedule will be given at least thirty (30) days’ notice, absent an emergency. Section 8.06 Work Day Schedule Monday through Saturday: Shift personnel shall have assigned duties between the hours of 0600 and 1500 hours with an hour allotted for lunch Monday through Saturday. Shift personnel shall be entitled to one (1) break, fifteen minutes in duration before 1200, and one (1) break fifteen minutes in duration, between 1300 and 1500 hours. Employees may be required to participate in public education, public relations and training activities that may take place after 1500 hours that have been scheduled to meet the needs of the community and standards that have been established by the Fire Chief or his designee. Assignments of duties by management personnel generally will be done in a manner that willnot extend the work day for shift personnel beyond 1500 hours. The UNION recognizes the need to also train after 1500 hours to enhance the emergency response skills of the employees. Such drills shall be limited to one (1) per company per week. No individual company will be exposed to more than one (1) such drill per week. On days devoted to such drills, “normal” day activities will be suspended at 1400 hours drill related activities will occur between 1800 hours and 2200 hours. Such drill period will include pickup and clean up subject to standard practice in the event of an alarm. Outside drills will not be scheduled in inclement weather where the employee’s safety is jeopardized. Sunday, Public Education, and Public Relations Generally, the workday will be from 0600-1500 hours, Monday through Saturday. On Sunday, the workday will generally be from 0600-1200 hours. On Holidays, the workday will generally be from 0600-0900 hours. If an assigned shift has public education and/or public relations events after 1500 hours Monday through Saturday, the members’ workday shall not exceed (9) hours total in a twenty-four (24) hour period. If the public education and/or public relations events land on a Sunday, the members’ work day shall not exceed six (6) hours total in a twenty-four (24) hour period. If the public education and/or public relations events land on a holiday, the members’ work day shall not exceed three (3) hours total in a twenty-four (24) hour period. Section 8.07 Outside Employment Without prior written approval from the Village Manager or his/her designee, no employee shall engage in any outside employment. No outside employment shall be approved if it is either on VILLAGE premises or if it is likely to: A. B. C. D. Physically or mentally hampers the employee in his/her ability to do the job required by the VILLAGE. Reflect adversely upon the VILLAGE. Conflict with the employee’s position with the VILLAGE. Involves use of VILLAGE property, equipment or supplies. The VILLAGE will provide the UNION, within five working days, a copy of the request for outside 9 employment, approvals and/or denials for their file. Upon approval, the Village Manager or designee reserves the right to revoke approval of any outside employment on the part of any VILLAGE employee that it subsequently learns fits in the category of the above reasons for denying secondary employment. In such cases, the employee shall be notified and required to decide within fifteen (15) days if they want to continue services with the VILLAGE or with the outside employer. The VILLAGE will also provide the UNION within five (5) business days a copy of the above mentioned request. Section 8.08 - Compensatory Time Upon mutual agreement of the Village and Union, the Village shall grant compensatory time off in lieu of overtime payment for overtime hours worked as a result of a hire back for shift work; excluding 7(g) and/or other special duty details. In the event of a hire back, Employees shall be permitted to pick their means of remuneration by electing to be paid through overtime compensation or the accrual of compensatory time off. Employees electing to accrue compensatory time off shall accrue such time at one and one-half hours for each hour of employment for which the overtime compensation is required. Employees shall be permitted to accrue no more than ninety-six (96) hours of compensatory time off at any one time within the Village’s fiscal year. Employees desiring to use accrued compensatory time off must submit their requests to their supervisors at least 48 hours prior to the date or dates on which they seek to use their compensatory time, unless a shorter period of notification is approved by the Shift Commander. The Village shall grant an employee’s request to use compensatory time off unless doing so will unduly disrupt the operating requirements of the Fire Department. Employees shall be required to use their accrued compensatory time off in 12 hour increments. The Village shall cash out any unused accrued compensatory time off at the end of the Village’s fiscal year, at the employees’ then-current regular rate of pay. Section 8.09 –Time-Clock System At no time shall a malfunction of the time-keeping system, late or early call(s), and/or lack of internet access be the sole basis of any disciplinary action. ARTICLE IX DISCIPLINE Section 9.01 - Discipline A. Employees covered by this Agreement shall only be disciplined by other full-time employees. The Village agrees with the tenets of progressive and corrective discipline, whereby discipline shall be designed to improve behavior and not merely to punish. Disciplinary actions instituted by the Fire Department shall be for reasons based upon the employee's failure to fulfill his responsibilities as an employee. Where the Fire Department believes just cause exists to institute disciplinary action the Fire Department shall assess the following penalties based upon the circumstances of the offense committed; following progressive discipline unless the offense warrants a more corrective action. A. B. C. D. E. Oral reprimand Written reprimand Suspension Demotion Discharge 10 An Employee may file a written reply to any reprimand. Except for reprimands, a grievance may be filed as to disciplinary actions instituted against an employee. Disputes as to such actions shall proceed in accordance with the procedure set forth in the applicable sections of this Article. B. The VILLAGE agrees that non-probationary employees shall be disciplined, demoted and discharged only for just cause. A copy of all suspension, demotion and discharge notices shall be provided to the UNION. Suspensions, demotions and discharges shall be subject to review under the grievance procedure. C. Prior to taking any final disciplinary action and concluding its investigation, the VILLAGE shall notify the employee of the contemplated measure of discipline to be imposed, and shall meet with the employee involved and inform him/her of the reason(s) for such contemplated disciplinary action and copies of pertinent documents. The employee shall be entitled to UNION representation upon request. 9.02 - Discipline by the Fire Chief If the discipline is within the authority of the Fire Chief (suspensions of not more than five (5) consecutive calendar days), the following steps apply: A. The Fire Chief shall serve a written notice of the charges and punishment upon the employee involved and submit a copy to the Union. B. Upon receipt of the notice, the employee shall have 10 calendar days to appeal the disciplinary action either to the Board of Fire and Police Commissioners of the Village or, subject to approval of the Union, through the grievance/arbitration procedure of this Agreement. Selection by the employee of one process shall constitute a waiver of the other. 1. Board of Fire and Police Commissioners Option If the employee notifies the Fire Chief of a desire to have the charges heard before the Board of Fire and Police Commissioners, the Fire Chief shall notify the Secretary of the Board of Fire and Police Commissioners in accordance with the procedure set forth in 65 ILCS 5/2.1-17 and the rules of the Board of Fire and Police Commissioners. 2. Grievance/Arbitration Option The Union may file a grievance on the proposed suspension by the Fire Chief. If the Union desires to appeal disciplinary action through the grievance/arbitration procedure, it shall cause the grievance to be filed within ten days of receipt by the employee of the Fire Chief’s notice of the disciplinary action. If the Union decides not to file a grievance, the Fire Chief shall notify theSecretary of the Board of Fire and Police Commissioners in accordance with the procedure set forth in 65 ILCS 5/2.1-17 and the rules of the Board of Fire and Police Commissioners. The employee may appeal the discipline to the Board of Fire and Police Commissioners and shall have no other option to use the grievance arbitration procedure for that discipline. If the Union decides to file a grievance, the grievance shall be arbitrated unless an 11 acceptable settlement is reached between the Village and the Union. The grievance shall be filed at Step 3 of the Grievance Procedure. The Union may submit the grievance to arbitration. If the discipline is sustained by an arbitrator’s decision, neither the Union nor the employee shall have any further right to contest such charges and penalty before the Board of Fire and Police Commissioners. 9.03 – Suspensions Over Five (5) Days and Discharges If the discipline proposed is beyond the authority of the Fire Chief and within the authority of the Board of Fire and Police Commissioners, the following steps apply: 1. The Village shall serve written notice of the charges and proposed punishment upon the employee involved and also submit a copy to the Union. 2. Upon receipt of the notice the employee shall have 10 calendar days to appeal the disciplinary action either to the Board of Fire and Police Commissioners of the Village or, subject to approval of the Union, through the grievance/arbitration procedure of this Agreement. Selection by the employee of one process shall constitute a waiver of the other. A. Board of Fire and Police Commissioners Option. If the employee notifies the Village of a desire to have the charges heard before the Board of Fire and Police Commissioners, the Village may proceed with the proposed disciplinary action and the employee may contest the charges in accordance with the procedure set forth in 65 ILCS 5/10-2.1-17 subject to the employee’s right to appeal the hearing described therein. The Village shall not file any formal charges with the Board of Fire and Police Commissioners before the employee has had an opportunity to exercise his/her election of remedies within ten (10) calendar days. The time period may be extended by mutual agreement of both parties. B. Grievance/Arbitration Option. The Union may file a grievance to a proposed disciplinary action against an employee within 10 calendar days of the employee’s receipt of the notice of discipline. If the Union decides not to file a grievance, the Fire Chief may proceed with the charges in a hearing before the Board of Fire and Police Commissioners. The Village may proceed with the proposed disciplinary action in accordance with the procedure set forth in 65 ILCS 5/10-2.1-17 subject to the employee’s right to appeal the hearing described therein. If the Union decides to file a grievance, the grievance shall be arbitrated unless an acceptable settlement is reached between the Village, Union, and employee. Pending arbitration of the grievance, the Village may immediately implement the penalty and neither the Union nor the employee shall have any further rights to contest such charges and penalty before the Board of Fire and Police Commissioners. 12 Section 9.04 - Notice and Investigation A copy of all disciplinary actions involving suspensions, demotions or discharge shall be provided to the Union. The Employer shall conduct disciplinary investigations when it receives complaints or has reason to believe an employee has failed to fulfill his/her responsibilities as an employee. The Employer will follow the Firemen’s Disciplinary Act (50 ILCS 745/1 et seq.) when conducting disciplinary investigations, but alleged violations of the Firemen’s Disciplinary Act shall not be subject to the Grievance Procedure of this Agreement. Prior to taking final disciplinary action and concluding its investigation, the Employer will meet with the employee involved and notify the employee of the contemplated disciplinary action and the reason thereof Section 9.05 – Right to Representation Nothing in this Article or Agreement is intended to waive an employee’s right to have a representative present during any investigative meeting where the employee reasonably believes discipline could result. Section 9.06 – Personnel File Employees shall be entitled to access their personnel files in accordance with the Illinois Personnel Record Review Act (820 ILCS 40/0.01 et seq.). The Village shall maintain all personnel files in accordance with the Illinois Personnel Record Review Act and any other applicable law. Section 9.07 – Use of Past Discipline for Progressive Discipline A. Oral and Written Reprimands If a similar offense is repeated in a twelve month period, the Village may use the prior oral or written reprimand as a basis for increasing the penalties for the new offense. However, if an offense is similar in nature, but more than twelve months apart, then the prior offense will not be a basis for increasing the penalty for the new offense. If an unrelated offense occurs within twelve months of an oral or written reprimand, the Village may use the prior oral or written reprimand as a basis for increasing the penalties for the new, unrelated offense. However, if an unrelated offense occurs more than twelve months after an oral or written reprimand, then the prior offense will not be a basis for increasing the penalty for the new, unrelated offense. B. Suspensions of Five Calendar Days or Less If an unrelated offense occurs within three years of a suspension of five calendar days or less, the Village may use the prior suspension as the basis for increasing the penalties for the new, unrelated offense. However, if an unrelated offense occurs more than three years after a suspension of five calendar days or less, then the prior offense will not be the basis for increasing the penalty for the new, unrelated offense. There shall be no time limit on the Village’s ability to use a prior suspension of more than five calendar days as a basis for increasing the penalty of a new, similar offense. 13 C. Removal from File The employee must inform Human Resources of their intent to remove any discipline in accordance with Human Resources procedure. A written reprimand can be removed after two (2) years and a suspension can be removed five (5) years after the offense; excluding suspensions highlighted in Section B. ARTICLE X GRIEVANCE PROCEDURE Section 10.01- Definition A grievance is defined as a dispute or complaint arising under and during the term of this Agreement that there has been an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. Any Union member who is found to be disciplinedwrongfully and/or unjustly will be made whole with full compensation for all wages and lost time without prejudice through the grievance process, arbitration, or a ruling by the Police and Fire Commission; unless a lesser corrective action is agreed upon through any of the mentioned processes. Section 10.02 - Procedure Step 1: The Union or any employee who has a grievance shall submit the grievance in writing to the Shift Commander, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the specific provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested. All grievances must be presented no later than ten (10) calendar days from the date of the occurrence of the event first giving rise to the grievance or within ten (10) calendar daysof when any affected employee, through the use of reasonable diligence, could have known of the occurrence of the event giving rise to the grievance. The Full Time Shift Commander shall render a response to the grievant and the Union within ten (10) calendar days after thegrievance is presented, and provide a copy of the response to the Union and the Employee. Failure of the Village to act on the grievance shall not be deemed an admission of any facts or agranting of the grievance. Step 2: If the grievance is not settled at Step 1 and the Union and/or the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Fire Chief within ten (10) calendar days after receipt of the Full Time Shift Commander’s answer in Step 1, or within ten (10) calendar days of when the answer was due in Step 1. The Fire Chief shall render a response to the grievant and the Union within ten (10) calendar days after thegrievance is presented, and provide a copy of the response to the Union and the Employee. Failure of the Village to act on the grievance shall not be deemed an admission of any facts or agranting of the grievance. Step 3: If the grievance is not settled at Step 2 and the Union and/or the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the Village Manager within ten (10) calendar days after receipt of the Fire Chief’s answer in Step 3, or within ten (10) calendar days of when the answer was due in Step 3. The Village Manager shallrender a response to the grievant and the Union within ten (10) calendar days after thegrievance is presented, and provide a copy of the response to the Union and the Employee. Failure of the Village to act on the grievance shall not be deemed an admission of any facts or agranting of the 14 grievance. Section 10.03 - Arbitration If the grievance is not settled in Step 3 and the Union wishes to appeal the grievance from Step 3 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, by delivering a written request for arbitration to the Fire Chief within ten (10) calendar days of receipt of the Village’s written answer as provided at Step 3 or within ten (10) calendar days of when the answer was due. A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said ten (10) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. The parties agree to request that all arbitrators on the panel be members in good standing of the National Academy of Arbitrators and are residents of Illinois, Indiana or Michigan. Both the Employer and the Union shall have the right to strike three names. The parties shall determine who strikes first by a coin flip. The parties shall strike names alternatively until one name remains. The person remaining shall be the arbitrator. B. The arbitrator shall be notified of his or her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and Village representatives. C. The Village and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The Village and the Union retain the right to employ legal counsel. D. More than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing. E. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be split equally between the parties. Each party shall be responsible for compensating its own representatives and witnesses. Section 10.04 - Limitations on Authority of the Arbitrator The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised at Steps 1, 2 or 3 of the Grievance Procedure. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with,in any way, applicable laws, or of rules and shall not in any way limit or interfere with the powers, duties and responsibilities of the VILLAGE under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section shall be final and binding upon the VILLAGE, the UNION and the employees covered by this Agreement. No decision or remedy proposed by the arbitrator shall be retroactive beyond the time limits set forth in Step 1 of the grievance procedure. Section 10.05 - Time Limit for Filing No grievance shall be entertained or processed unless it is submitted and thereafter processed within the time limits set forth in this Article. 15 If a grievance is not presented by the employee or the Union within such time limits, it shall be considered “waived” and may not be pursued further. If a grievance is not appealed to the next step within the specified time limit or any written agreed extension thereof, it shall be considered settled on the basis of the Village’s last answer. If the Village does not hold a meeting or answer a grievance or an appeal thereof within the specified time limits, the grievance shall be treated as denied at that step and may be timely appealed to the next step. The parties may by mutual agreement in writing extend any of the time limits set forth in this Article. Section 10.06 – Employee Right to Self-Representation Nothing in this Agreement prevents an employee from presenting a grievance to the Employer and having the grievance heard and settled without the intervention of the Union, provided that a Union officer is notified of the filing of the grievance or appeal and is afforded the opportunity to be present at such conference and that any settlement made shall not be inconsistent with terms of this Agreement. Employees are encouraged to obtain the Union President’s signature prior to filing a grievance. Only the Union has the right to invoke arbitration. Section 10.07 - Investigation Grievances shall normally be investigated during free time hours (breaks, lunch period) or any time after regularly scheduled work hours by UNION stewards, representatives and grievance committee members provided such activities do not interfere with the normal operations of the department or any of its members. However under unusual circumstances, grievances may be investigated during working hours provided specific permission has been granted by the Fire Chief. Such time shall not be abused by the UNION and shall only apply to bona fide grievance investigations. Section 10.08 - Union Representation Employees selected by the UNION to act as UNION representatives shall be known as "Stewards". The names of the employees selected as Stewards, and other UNION representatives who may represent employees at each step of the grievance procedure shall be certified in writing to the Fire Chief by the UNION at least once per year or at the time of any change. ARTICLE XI – NO STRIKE AND NO LOCKOUT Section 11.01 No Lockout No lockout of employees shall be instituted by the VILLAGE during the term of this Agreement as a result of a dispute with the UNION arising out of the terms of this Agreement. Section 11.02 No Strike No strikes of any kind and no slowdown, picketing or other concerted interference with, or interruption of service shall be caused, sanctioned, instigated, condoned, supported or participated in by the UNION or any employee during the term of this Agreement. In addition, in the event of a violation of this Section, the Union agrees to inform all employees of their obligations 16 under this Agreement and shall direct the employees to cease and desist from any activity which is in violation of this Agreement. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village, and the only issue that may be raised in any proceeding in which such discipline or discharge is challengedis whether the employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent. Section 11.03 Judicial Restraint Nothing contained in this Article shall preclude either party from obtaining judicial enforcement and relief including specific performance, injunctive relief, damages and attorney’s fees in the event the other party violates this Article. ARTICLE XII SENIORITY Section 12.01 - Definition Seniority shall, for the purpose of this Agreement, be defined as an employee's length of continuous regular full-time employment calculated from the employee's last date of hire as a fulltime firefighter for the Village. Employees commencing employment duties on the same date shall be placed on the seniority list in order of their ranking on the employment eligibility list. Section 12.02 – Probationary Period Newly hired Firefighter Tier 1s shall serve a probationary period pursuant to 65 ILCS 5/10-2.16.3(c)(2). The Village’s decision to discharge a probationary member shall not be subject to the grievance procedure. The Union will be notified in the event of the discharge of a probationary employee. Section 12.03 - Seniority 1. Termination of Seniority Any employee will lose all seniority and continuous employment with the VILLAGE if such employment is interrupted for any of the following reasons: The employee quits or retires; The employee is discharged for cause; The employee fails to return to work at the end of an approved leave of absence; The employee fails to return from layoff within fourteen (14) calendar days from the date of recall; The employee is absent from work because of layoff for a period of twelve (12) months beyond the term of this Agreement. 2. Breaks in Seniority Any employee who receives a break in seniority will have their seniority adjusted accordingly. The adjustment will take into account total days missed from their overall seniority time to produce the adjusted seniority to the hundredths of a year. Any employee 17 will receive a break in seniority for any of the following reasons: The employee has exhausted FMLA time and/or receives unpaid time off. Section 12.04 - Seniority List The VILLAGE shall maintain a seniority list of employees covered by this Agreement and it shall be brought up to date on January 30 and July 30 of each year. Said list shall be presented to the UNION President for posting on the UNION Bulletin Board. Any objection to the list as posted shall be reported in writing to the VILLAGE within fifteen (15) calendar days of the dateof posting or the list shall stand approved as posted. ARTICLE XIII LAYOFF AND RECALL Section 13.01 - Layoff The Village, in its discretion, shall determine whether layoffs are necessary due to economic reasons or lack of work. If it is determined that layoffs are necessary due to economic reasons or lack of work, the Village shall lay off employees in reverse order of departmental seniority, with the least senior being the first laid off. Prior to imposition of layoffs, the Village shall provide 30 day notice of its intent to lay off employees and shall meet with the Union to seek financial solutions to avoid the layoffs. In addition, the Village and Union shall meet at least once per week during the 30 day notice period to explore and discuss possible economic alternatives to layoff. The proposed layoffs shall become effective 30 days after the Village provides notice to the Union as required under this Section unless the parties agree to an economic alternative. Section 13.02 - Recall Employees shall be re-called from lay-off according to their seniority. No new full-time firefighters shall be hired until all employees on lay-off status desiring to return to work have been re-called. Employees who are on the re-call list shall be given 15 calendar days notice of re-call. The notice of re-call shall be sent to the employees by certified or registered mail, with a copy to the Union. The Village shall be deemed to have fulfilled its obligations by mailing the re-call notice by certified mail, return receipt requested, to the mailing address last provided by the employee with a copy to the Union. It is the obligation and responsibility of the employee to provide the Village with his/her current mailing address at all times. If an employee fails to timely respond toa re-call notice, his/her name shall be removed from the re-call list. Laid off employees shall be removed from the re-call list after 2 full calendar years from the date of lay-off. The VILLAGE, at its option, may require that an employee undergo and pass a medical examination at the VILLAGE's expense prior to being accepted for re-employment. An employee who declines recall, or who, in the absence of extenuating circumstances approved by the Fire Chief, fails to respond as directed within the time allowed, shall be presumed to have resigned and shall forfeit any and all re-employment rights. 18 Section 13.03 - Ratio In conducting layoffs and recalls, the Village shall attempt to maintain the same ratio of full-time slots (excluding Chiefs and Battalion Chiefs) to part-time slots per shift. At the time of this Agreement, the Village has eight (8) bargaining unit slots per shift and four (4) non-bargaining unit per shift. At the current time of the Collective Bargaining Agreement this is the current ratio for the Bargaining Unit. Subject to change based on future hires. Section 13.04 – Staffing/Shift Assignment The parties jointly recognize the importance of staffing shifts with firefighters qualified and hired in accordance with the standards established under Illinois Law (65 ILCS 10-2.2-4)(10-1-14)(70 ILCS 16.06(a). Pursuant to the duties and authority vested in them under the law, the parties agree as follows: 1. The Village currently has twenty-four (24) full time bargaining unit members, nine (9) of whom are Lieutenants, nine (9) whom are Firefighter Tier 1s, and six (6) whom are Firefighter Tier 2s. The Village shall assign eight (8) bargaining unit members to each of the three (3) 24-hour shifts (Black, Red,Gold). This is not intended to create minimum manning or staffing, only to create regular shift assignments. The Village reserves the right to temporarily reassign bargaining unit members due to emergency circumstances related to shift staffing. 2. The Village will allot two (2) bargaining unit members to be off per shift. Those slots can be filled by one (1) Lieutenant and one (1) Firefighter Tier 1 or Firefighter Tier 2. Or, they can be filled by two (2) Firefighter Tier 1s or Firefighter Tier 2s. In the event that six (6) bargaining unit members are available on a single shift, the Village shall have no obligation to hire back. In the event that there are less than six (6) bargaining unit members available the Village shall utilize all hire back procedures to ensure that six (6) bargaining unit members are working on shift. If those hire back attempts (including forcebacks) do not result in achieving six (6) members, then the Village shall have the ability to fill the position for that shift with part-time employees. For the life of this contract the Village has authorized six (6) additional Firefighter Tier I positions and six (6) additional Firefighter Tier 2 positions to the Fire and Police Commission, and shall fill said positions. However, in the event the Village can demonstrate significant economic hardship, and some of the twelve (12) positions remain unfilled, the Village does not have to fill the remaining positions. For purposes of this agreement, economic hardship is defined as: If the year to date total sales tax amount of the “big four” revenues at October 1, 2022, or after, are not within 20% of the budgeted amount; and As a result of State law or action, the percentage amount of distribution received by the Village from the Local Government Distributive Fund is decreased by at least 10% from its current percentage amount. So long as the demonstrated economic hardship remains in effect, and some of the twelve (12) positions remain unfilled, the Village will not have to fill those remaining positions. However, in the event the economic hardship no longer exists, and the Agreement has not yet expired, the Village shall fill the remainder of those unfilled positions. * The “big four” being defined as property taxes, home rules sales tax, states sales tax, and utilities. 19 3. At no time shall any Romeoville Fire Academy instructor be used for on-duty staffing of the Romeoville Fire Department. 4. At no time shall any part-time Firefighter of the Romeoville Fire Department beplaced in charge of a crew or shift when a full-time Officer is on-duty due to hireback, forceback, or extra staffing. ARTICLE XIV VACANCIES AND PROMOTIONS Section 14.01 - Promotion to the Ranks of Lieutenant and Battalion Chief Promotions to the ranks of Lieutenant and Battalion Chief shall be conducted in accordance with the provisions of applicable Illinois law and the provisions of this Article, which is agreed by the parties to supplement the discretionary authority provided under applicable law. When a vacancy in the rank of Battalion Chief occurs, the vacancy shall be filled from the current Battalion Chief eligibility list under the procedures in Section 14.09 - Order of Selection. In the event no candidate on the current eligibility list accepts the promotion to Battalion Chief,or there is no current Battalion Chief eligibility list, then the Board of Police and Fire Commissioners will begin a promotional testing process within thirty (30) days for the rank of Battalion Chief, if one is not already in progress. The Fire Chief shall be authorized to fill a Battalion Chief vacancy with a qualified candidate from outside the bargaining unit if all of the following criteria occur: No full-time bargaining unit member(s) meets the qualifications for the rank of Battalion Chief All qualified bargaining unit member(s) refuse to participate in the testing process for Battalion Chief Any bargaining unit member(s) on current Battalion Chief eligibility list decline promotion to the rank of Battalion Chief or does not meet the qualifications Subsequent vacancies in the rank of Battalion Chief shall be filled according to the provisions of this Article. Section 14.02 - Vacancies A vacancy shall be deemed to occur on the date upon which the position(s) is/are vacated, and on the same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position(s) continues to be funded and authorized by the Village. If the Village should add position(s) to the budget, the position(s) shall be treated vacated based upon the date funded in the adopted budget. If a vacated position(s) is/are not filled due to the lack of funding or authorization, and is/are subsequently reinstated, the final promotion list shall be continued in effect until all positions that were vacated and not filled due to the lack of funding or authorization have been filled, or for a period of up to five (5) years beginning from the date on which the position was vacated; per the Illinois Fire Department Promotions Act [50 ILCS 742/20 (d)]. The Village agrees to fill that vacancy within ninety (90) calendar days of the day of vacancy. Ifthe spot is unable to be filled due to an exhausted eligibility list OR expired eligibility list the Village agrees to initiate a testing process within one hundred eighty (180) calendar days to fill the vacancy. If the timeline is not met the Union will bring the matter to the Village Manager who will investigate the lapse in the timeline and will work with the Police and Fire Commissionto initiate the process. If after thirty (30) days of contacting the Village Manager no progress has been made the Union may bring the matter up with the Village Board. 20 Section 14.03 - Eligibility Requirements All eligibility requirements must be met as of the date the application is due. Upon the close of the application period, and prior to the commencement of any testing procedures, the Chief or designee and one representative of the Union shall meet to confirm the proof of eligibility submitted by the candidates. The Board of Fire and Police Commissioners shall review, and must accept and act on these findings regarding proof of eligibility prior to moving forward with the testing process. The examination process for promotion shall be competitive among the rank of members who meet the following eligibility requirements: A. Lieutenant: a) Five (5) years of service as a full-time Firefighter Tier 1 with the Village of Romeoville. b) Illinois Certified Paramedic in good standing c) Illinois Certified Firefighter III or Advanced Technician Firefighter d) Illinois Certified Fire Officer I, Provisional Fire Officer I, or Company Fire Officer e) Illinois Certified Fire Apparatus Engineer f) Associate’s Degree preferred g) Five (5) years of service as a full-time Firefighter Tier 1 with the Village of Romeoville to take examination h) NIMS 300 i) Romeoville Fire Department Acting Officer training completed * Members are able to take the Lieutenant test at four (4) years of service, but can only accept the Lieutenant position at five (5) years of service. B. Battalion Chief: a) Five (5) years of service as a full-time Lieutenant with the Village of Romeoville. (The parties agree that this shall be non-precedential for subsequent contracts and shall not serve as “status quo” for subsequent negotiations.) b) Illinois Certified Fire Officer II, Provisional Fire Officer II, or Advanced Fire Officer c) Incident Safety Officer d) Associate’s Degree required e) Bachelor’s Degree preferred f) Illinois OSFM Hazardous Materials Incident Command certification g) Five (5) years of service as a full-time Lieutenant with the Village of Romeoville to take examination h) NIMS 400 i) Romeoville Fire Department Battalion Chief training completed * Or equivalent classes as the OSFM changes or eliminates certification names and requirements. * Members are able to take the Battalion Chief test at four (4) years of service, but can only accept the Battalion Chief position at five (5) years of service. Section 14.04 - Application to Be Tested A. The posting of the testing process by the Board of Fire and Police Commissioners shall include a date and time by which the applicant who wishes to be tested shall have submitted 21 an application in person to the Fire Chief or his designee, or by certified mail addressed to the Fire Chief. (Any application submitted by certified mail must be receivedby the date specified in the posting.) This posting shall be made no less than sixty (60) calendar days prior to the deadline for submitting the application, and shall include a copy of the application form. The form provided by the Village shall be officially received, signed and datestamped. A copy will be made available to the applicant. B. No applications shall be received after the closing date and time specified in the posting. Failure to submit such form by the closing shall preclude any consideration to the testing process. C. The written component of the testing will be based off of the following: a. Union Contract b. Village Handbook c. Current edition of IFSTA Essentials Chapters for Fire Behavior and Building Construction d. Selected Box Cards * e. Policies and Procedures * * Selected box cards and policies and procedures will be chosen by the Fire Chief and/or his designee. Section 14.05 - Components, Weighting and Order of Testing All examinations shall be impartial and shall relate to those matters which will test the candidate's ability to discharge the duties of the position to be filled. The placement of employees on promotional lists shall be based on the points achieved by the employee on promotional examinations consisting of the following 6 components weighted as specified: 1. 2. 3. 4. 5. 6. Tactical Assessment * Oral Interview * Written Examination Seniority Ascertained Merit Chief’s Points 25% 10% 40% 5% 10% 10% * The Village reserves the right to conduct the Tactical Assessment and Oral Interview through an assessment center ** If any candidate(s) fail the written examination the testing process is ended for that candidate(s) *** After each testing component, the scores will be posted within twenty-four (24) hours with the exception of the Written Examination component. The Written Examination component will be posted within twenty-four (24) hours of the testing company’s submittal of scores. Section 14.06 - Candidate Withdrawal If a candidate wishes to withdraw from the promotional process he may do so prior to the final posting by notifying the Fire Chief in writing. After receipt of the request the candidate’s name will be removed from any posting in regard to the promotion. 22 Section 14.07 - Test Components A. Tactical Assessment: The tactical assessment shall be job related and the same for each candidate. B. Oral Interview: The questions for the oral examination shall be job related and the same for each candidate. C. Written Examination: The testing provider shall be determined by the Fire Chief, and the written test shall meet the following criteria: The written test shall be job related and objective. The questions shall be specifically related to the duties regularly performed byLieutenants and Battalion Chiefs, as applicable, within the Village. On a non-preferentialbasis, questions for the test shall be multiple choice. All correct answers shall be specifically identifiable by page and line in the written materials from which the testquestions are drawn. D. Seniority: Beginning with a candidate’s 13th month of full-time service, seniority points shall be awarded on the basis of 4 points per year (1/3 point per month) up to 25 years of full-time service (100 points maximum). Candidates will then be awarded 5% of their total seniority points to coincide with the 5% rating factor allotted for seniority. Candidates who have had a break in seniority, due to any reason specified in Section 12.03, will have their seniority points adjusted accordingly. The adjustment will take into account total days missed from their overall seniority time to produce the adjusted seniority to the hundredths of a year. E. Ascertained Merit: Masters’ Degree Bachelor’s Degree in Fire Service Bachelor’s Degree in Any Field Associates Degree in Fire Service Associates Degree in Any Field Fire Officer II/Advanced Fire Officer Fire Officer I/Company Fire Officer Specialty Team Member (*active member) Hazardous Materials Incident Command Hazardous Materials Technician Hazardous Materials Technician “A” Hazardous Materials Technician “B” Confined Space Operations/Rescue Specialist Confined Space Trench Operations Trench Technician Vertical I (or Rope Operations) Vertical II (or Rope Technician) Structural Collapse Operations Structural Collapse Technician Vehicle Machinery Operations Vehicle Machinery Technician Fire Department Incident Safety Officer Any First-In Fire Officer course (must be 40-hr. minimum) Water Operations Watercraft Technician 23 21 pts 18 pts 15 pts 13 pts 11 pts 15 pts 12 pts 6 pts 4 pts 6 pts 3 pts 3 pts 4 pts 4 pts 5 pts 4 pts 5 pts 4 pts 5 pts 4 pts 5 pts 4 pts 6 pts 4 pts 5 pts *Active Member status requires a minimum of one (1) year continuous service, and member is in good standing of the team by meeting all requirements of that specific team. Four points maximum regardless of the number of teams in which the candidate participates. **The Chief or designee and one representative of the Union shall meet to confirm the proof of ascertained merit submitted by the candidates. There shall be no pyramiding of ascertained merit points. The Fire and Police Commission of the Village shall adopt the findings of the Chief (or designee) and the Union representative. ***Or equivalent classes as the OSFM changes or eliminates certification names and requirements. F. Chief’s Points: Chiefs points shall be awarded from the categories listed below where each category will be worth up to 25 points and the total can equal up to one hundred (100) points (maximum). Teamwork – treats co-workers fairly and equally; has patience and understanding when working with others; shows enthusiasm for the job; leads by example. Leadership – is punctual; can always be counted on; is respected by peers; is always prepared, always considers safety of self and others; is steady and conscientious; behaves in a mature manner. Emergency performance – demonstrates knowledge and understanding of current job requirements; is committed to learning and training; is willing to help others improve their performance. Ethics and Values – Shows devotion to duty; demonstrates loyalty to the Department; shows respect to superior officers; presents oneself well in public and communicates well. Section 14.08 - Scoring of Components, Establishment of Promotional List Each component of the test shall be converted to a scale of 100 points. The component scores shall then be reduced by the weighting factors assigned to the component on the test, and the weighted scores of all components shall be added to produce a possible total score of 100 points. All categories shall be completed before a total score is computed. Candidates must meet or exceed a score of 70% on the written test to be eligible to make the promotional list. Such ranking shall constitute the preliminary promotional list. Candidates shall be placed on a list in the order based on the highest to lowest total weighted scores achieved on all components of the test. Whenever two (2) or more candidates receive the same score, priority shall be given to the person who has the most seniority. A candidate on the preliminary promotion list who is eligible for a veteran’s preference under the laws and agreements applicable to the Village may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under the Fire Department Promotion Act and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any veteran’s preferences awarded. The final adjusted promotion list shall then be posted in all stations and the administration building, and copies shall be provided to the Union and all candidates. 24 Section 14.09 - Order of Selection The promotional list shall rank candidates in the order of their overall composite scores, with the candidate with the highest point total ranking first. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank. If that person declines the promotion the next highest on the list will be offered the promotion. However, the appointing authority shall have the right to pass over the highest ranking person and appoint thenext highest ranked person on the list if the appointing authority has reason to conclude that thehighest ranking person has demonstrated substantial shortcomings in work performance, or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest person on the list. Unless the reasons for passing over the highest-ranking person are not remediable, no person who is the highest-ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest ranking person shall be subject to resolution in accordance with the grievance procedurecontained in this Agreement. Section 14.10 - Duration of Final Promotional List Final eligibility list shall be effective for a period of three (3) years from the date of the final posting. The Village shall take all necessary steps to ensure that the Board of Fire and Police Commissioners maintains in effect a current eligibility list so that promotional vacancies are filled not later than one hundred eighty (180) calendar days after the occurrence of the vacancy. Section 14.11 - Monitoring of the Testing Process All aspects of the promotion process, including without limitation the administration, scoring and posting for written examination and subjective evaluation and determination and posting of seniority and ascertained merit scores, shall be subject to monitoring and review. The Union and the Village may elect to appoint up to two (2) impartial observers, not currently participating in the test. Section 14.12 - Right of Review Any individual participant in the promotional process who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or application of military preference points shall be entitled to a review of the matter by the Board of Fire and Police Commissioners or as otherwise provided by law. Such a review request must be made within seven (7) calendar days of the final posting. ARTICLE XV RULES AND REGULATIONS Section 15.01- Modifications The VILLAGE may adopt, change or modify rules and regulations, including personnel policies and procedures applicable to UNION employees. The VILLAGE agrees to post or make available in the department, a copy of its applicable rules, regulations and/or policies wheresuch rules, regulations and/or policies exist in writing. Whenever the VILLAGE changes the rules, regulations and/or policies or issues new rules, regulations and/or policies applicable to employees, the UNION Executive Board will be given at least ten (10) days prior notice, absent emergency, before 25 the effective date of the rules, regulations and/or policies in order that the UNION may discuss such rules, regulations and/or policies with the Fire Chief before they become effective if the UNION so requests. Section 15.02 - Administration The VILLAGE agrees to the best of its ability that the rules, regulations and/or policies of the Fire Department shall be fairly and equitably administered and enforced under similar circumstances and shall not conflict with any specific provision of this Agreement. Section 15.03 - Adherence The VILLAGE and the UNION shall fully adhere to all rules, regulations and/or policies of the Fire Department until such time as they are changed or altered. ARTICLE XVI EXCHANGES, TRANSFERS AND ACTING OUT OF CLASS Section 16.01 – Shift Exchange Employees may temporarily exchange shifts with approval of the Fire Chief or his designee. Shift exchange is a privilege that shall not interfere with the normal operation of the Fire Department or result in the payment of overtime. Any employee may be granted shift trade if approved, with full normal pay, for any working day(s) on which that employee is able to secure another employee of comparable status to workin his place. Trades must be Firefighter Tier 2 for Firefighter Tier 2, Firefighter Tier 1 for Firefighter Tier 1, lieutenant for lieutenant, or lieutenant for acting officer. Requests for shift trade must be turned into the Fire Chief or his designee for his approval not less than forty-eight (48) hours prior to the trade time, except in cases of emergency. Employees seeking to trade shifts must work the assigned shift if they are unsuccessful in obtaining an approved trade. The employee agreeing to trade shifts with another employee shall be responsible to work the day. If the employee responsible to work the shift fails to fulfill that obligation, he/she shall be charged the amount of time equivalent to the time paid by the Village (including overtime) as a result of that absence. If an employee requires an emergency shift exchange of less than six (6) hours, the employee shall do the following: Find their own coverage of equal rank and abilities Contact the on-duty Battalion Chief prior to the start of the shift to inform him of the details of the trade and time frame to be covered; including payback day All other shift exchange rules apply except for the approval time frame Section 16.02 – Shift Transfers Shift assignments are at the discretion of management. Except for the circumstances listed below, in the event of a shift change, the affected employee will be notified at least fourteen (14)days in advance and an additional work reduction day may be awarded to reduce hours to avoidovertime pay and maintain compliance with the Fair Labor Standards Act. The circumstance would be a full-time vacancy that was created by a very sudden situation, such as a long term employee injury, death, resignation, or promotion, and that vacancy could create a long-term manpower shortage or long-term overtime situation. Should the shift change have a negative financial impact 26 on the affected employee, the affected employee shall meet with the Chief or his designee to discuss the manner in which theemployee is to be made whole for any lost benefit occasioned by the shift transfer. The employee will be required to provide evidence of loss, i.e. plane ticket receipts. Section 16.03 - Acting Out of Classification Pay Acting out of classification pay shall commence only upon assignment by the FireChief/designee. Any employee covered by this Agreement who works in a higher position c
