CBA exam.docx

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. 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. 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 5 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 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 48- hour 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. 6 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 a minimum 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 7 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, 0600- 1800, 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. 8 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 for a 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 9 (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. Physically or mentally hampers the employee in his/her ability to do the job required by the VILLAGE. B. Reflect adversely upon the VILLAGE. C. Conflict with the employee’s position with the VILLAGE. D. 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 10 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. Oral reprimand B. Written reprimand C. Suspension D. Demotion E. Discharge 11 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 12 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. 13 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. 14 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 15 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. 16 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 17 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. 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. 20 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. 21 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 22 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. Tactical Assessment * 25% 2. Oral Interview * 10% 3. Written Examination 40% 4. Seniority 5% 5. Ascertained Merit 10% 6. Chief’s Points 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. 23 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 21 pts Bachelor’s Degree in Fire Service 18 pts Bachelor’s Degree in Any Field 15 pts Associates Degree in Fire Service 13 pts Associates Degree in Any Field 11 pts Fire Officer II/Advanced Fire Officer 15 pts Fire Officer I/Company Fire Officer 12 pts Specialty Team Member (*active member) 6 pts Hazardous Materials Incident Command 4 pts Hazardous Materials Technician 6 pts Hazardous Materials Technician “A” 3 pts Hazardous Materials Technician “B” 3 pts Confined Space Operations/Rescue Specialist Confined Space 4 pts Trench Operations 4 pts Trench Technician 5 pts Vertical I (or Rope Operations) 4 pts Vertical II (or Rope Technician) 5 pts Structural Collapse Operations 4 pts Structural Collapse Technician 5 pts Vehicle Machinery Operations 4 pts Vehicle Machinery Technician 5 pts Fire Department Incident Safety Officer 4 pts Any First-In Fire Officer course (must be 40-hr. minimum) 6 pts Water Operations 4 pts Watercraft Technician 5 pts 24 *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. 25 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 hasengaged 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 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 27 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 classification than his regularly assigned classification for a period of more than two (2) hours within a regular duty day shall be paid according to the following schedule: Acting Officer 5% above the employee’s hourly wage Acting Shift Commander $1.00/hour + 5% above the employee’s hourly wage Section 16.04 - 7(g) Agreements The Village recognizes that there is a need for employees to perform work outside the job description of Firefighter Tier 1 and Lieutenant. Employees who participate in this program must sign the agreement for 7(g) participation. This does not preclude the Fire Chief from using parttime personnel, however, it makes full-time employees available for this arrangement. The following programs will be assigned to a 7(g) agreement: All current existing Fire Academy pay rates Fire Prevention Bureau work Public Education work Training Division Work (non-Fire Academy) Support Services Division work EMS Division work Operations Division work Hazardous Materials Division equipment maintenance SCBA Division work Specialty Team drills & meetings AFTER minimum required team drills and/or hours are reached in a calendar year Mobile Integrated Healthcare (details of these duties shall be mutually agreed upon following labor-management collaboration upon development of this program) Stoker (pay to be based off of Academy pay rate) Romeoville Cadet/Explorer Program 7(g) pay rates for Fire Academy work will be commensurate with increases in Fire Academy pay rates, such as annual pay increases. The Fire Chief oversees the program and has the final decision to determine who to select for the position and may remove an employee from this position when they deem necessary. 28 All members working 7(g) can make deferred compensation contributions to any recognized retirement plan: IRA, 457K, 529C or any other fund through the Village. Section 16.05 - Acting out of Classification Assignment The Fire Chief or his designee, may, at his discretion, choose to make acting out of classification assignments for employees to temporarily serve as lieutenants and battalion chiefs, in accordance with the following: A. Acting Out of Classification for the Position of Lieutenant: 1. Full-time firefighter on shift in the highest spot on the Lieutenant eligibility list; 2. Full-time firefighter on-duty not on the Lieutenant eligibility list as long as they meet the qualifications for Lieutenant (minus college degree requirement) AND have a minimum of two years on the department fulltime; 3. Hire back a full-time Lieutenant; 4. Hire back a full-time firefighter off-duty not on the Lieutenant eligibility list as long as they meet the qualifications for Lieutenant (minus the college degree requirement) AND have a minimum of two years on the department full-time” 5. Senior on-duty Firefighter Tier 1 * Once a full-time firefighter passes his/her probation and Engine and Truck operations objectives they will have one year to complete the Acting Company Officer Training ** The Lieutenant in-service training must be completed by The Village within thirty (30) days following the full-time Firefighter Tier 1 becoming qualified. *** Full-time employee must notify administration when they are qualified for the respective position. **** Based on the manning situation on that day, a full time Lieutenant may have to be forced. Reference Section 8.04 part B B. Acting Out of Classification for the Position of Battalion Chief: 1. Any department Chief Officer; 2. Full-time Lieutenant on the Battalion Chief eligibility list; 3. Full-time Lieutenant on-duty not on the Battalion Chief eligibility list as long as they meet the qualifications for Battalion Chief (minus the college degree requirement); 4. Hire back a full-time Lieutenant as long as they meet the qualifications for Battalion Chief (minus the college degree requirement); 5. If no full-time Lieutenant accepts the hire back then it will create a force-back situation of a full-time Lieutenant as long as they meet the qualifications for Battalion Chief (minus the college degree requirement); 6. Senior on-duty Lieutenant * A full-time Lieutenant will have one year to complete the Acting Battalion 29 Chief Training ** Any full-time Lieutenant who will be acting out as Battalion Chief must have received the Battalion Chief in-service training and will not count towards Bargaining Unit member daily manning. *** The Battalion Chief in-service training must be completed by The Village within thirty (30) days following the full-time Lieutenant becoming qualified. **** Full-time employee must notify administration when they are qualified for the respective position. *****Section is non-precedential for future negotiations based on member eligibility lists Section 16.06 – Non-Bargaining Unit Specialty Positions Whenever a vacancy exists in the positions of EMS Coordinator, Training Officer, Assistant Academy Director, or Fleet Services Coordinator those positions shall be offered to bargaining unit employees before the Village can fill the positions with individuals outside of the bargaining unit. In the event of a vacancy, the Village shall post notice of the vacancy for a period of no less than fourteen (14) days. Qualified bargaining unit employees shall have the right of first refusal for these positions. So long as a qualified bargaining unit employee applies for the vacancy, it shall be filled with that bargaining unit employee. In the event that two or more qualified bargaining unit employees apply for the vacancy an interview process will be conducted by the Fire Chief and/or his designee(s). In the event no qualified bargaining unit employee either applies for or accepts the position, theVillage can fill the vacancy with an individual who is outside of the bargaining unit once the fourteen (14) day posting period expires. The pay rate(s) for the aforementioned positions will be in congruence with Appendix B: 7(g) Agreement of this Collective Bargaining Agreement Section 20.04 - Court Leave The VILLAGE shall grant leave with full pay to an employee for the period of time he is required to appear before a court, judge, justice, or magistrate, as a defendant or witness in civil, state or federal cases arising out of employment with the Department. Section 20.05- Family and Medical Leave A. Effective August 5, 1993, employees will be covered under the Federal Family & Medical Leave Act of 1993. Employees who have worked for the VILLAGE for at least twelve (12) months, and have worked 1,250 hours over the previous twelve (12) months are eligible for up to twelve (12) weeks total of paid and unpaid leave per calendar year for: birth, adoption, or foster care of a child, or a serious health conditionof an employee or immediate family member requiring inpatient care or continuing treatment by a health care provider. B. An “immediate family member” is an employee’s son, daughter, spouse or parent. A son or daughter is a child either under the age of eighteen (18), or eighteen (18) years of age or older, but incapable of self-care because of a mental or physical disability. A “serious health condition” is an injury, illness, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The VILLAGE may require certification from the health care provider for leave basedon a serious health condition. The disability portion of pregnancy leave is considereda serious health condition for purposes of the Family & Medical Leave Act. This would normally end six (6) weeks after a normal birth or eight (8) weeks after a Cesarean section. C. Employees must provide the VILLAGE with thirty (30) days’ notice if possible before taking such leave, or notify the VILLAGE as soon as practical. Before going on unpaid 35 leave status for the birth, adoption, or foster care of a child, an employee is required to use all accrued unused vacation leave. Before going on unpaid leave status for the serious health condition of the employee (excluding any leave covered by the Public Employee Disability Act, 5 ILCS 345/1) requiring inpatient care or continuing treatment, an employee is required to use all accrued unused sick leave and all accrued unused vacation leave. Before going on unpaid leave status for the serious health condition of a family member requiring inpatient care or continuing treatment, an employee is required to use all accrued unused sick leave and all accrued unused vacation leave. D. In the event an employee does not return to VILLAGE employment after taking leave under this Section, the VILLAGE may recapture the cost of any health insurance premiums paid by the VILLAGE for the employee’s benefit during the unpaid portion of the leave. Section 20.06 - Personal Time UNION members are allowed forty-eight (48) hours of personal time each year. Personal time must be used by December 31st of the calendar year and cannot be carried over from year to year. Personal time may be used in no less than twelve (12) hour increments. Except as otherwise provided herein, employees must request personal leave at least 24 hours in advance and gain the approval of the Fire Chief or his designee. The Fire Chief or his designee, at his discretion, may waive the 24 hour notification period. Employees wishing to usepersonal time in the month of December must pre-schedule their personal time prior to November 1. Section 20.07- Funeral/Birth/Bereavement Leave In the event of a death in the immediate family of an employee, the employee shall be granted one (1) shift off with pay. Additional days, utilized as sick leave, compensatory time, personal time, and/or accrued vacation time, may be granted at the discretion of the Fire Chief or his designee; the required fifteen (15) day vacation time notification may be waived for use in this instance. The employee's immediate family is defined as spouse, parents, children (including half or step), brother or sister (including in-law, half or step), niece or nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, grandparents and grandchildren. In the event of a birth of a child the employee shall be granted one (1) shift day off with pay. Any consecutive shift(s) off MUST be approved by the Fire Chief and the time off will come from the Union members personal time, accrued vacation time, compensatory time, or accrued sick time; the required fifteen (15) day vacation time notification may be waived for use in this instance. In the event a female firefighter becomes pregnant the VILLAGE shall move forth in accordance with current edition of NFPA 1582 Annex D referencing pregnancies. The female firefighter shall give immediate notice to her Battalion Chief along with a Physician’s note designating any work restrictions. Barring any restrictions set forth by her Physician the firefighter is not required to be placed on light-duty restrictions. She can continue to do her full-duty range of assignments until medically restricted OR she is unable to safely, for both herself and unborn child(ren), perform the essential functions of her position. The female firefighter can be placed on light-duty as specified in Section 21.10 of this Agreement. At any point the female firefighter may utilize sick leave or FMLA time for any day(s) she is unable to work due to her pregnancy or any pregnancy-related disability. Any consecutive shifts off after must be approved by the Fire Chief or their designee and will come from the Union members personal time, accrued vacation time, compensatory time, accrued sick time, or FMLA. 36 Section 20.08 – Training Days Recognizing the mutual benefits derived from personal growth and increased work competence, the Village agrees to grant each Union member three (3) training days off from the Union members regular shift day. Each training day will be up to twelve (12) hours with classes within 75 miles of the Village of Romeoville on a case-by-case basis. After class has concluded, the Union member will return to shift regardless if the class utilized the full twelve (12) hours allotted; in accordance with the Romeoville Fire Department Policy. Any classes in excess of 75 miles from the Village of Romeoville will be allotted up to twenty-four (24) hours off in lieu of twelve (12) hours on a case-by-case basis. Any approved classes in excess of 150 miles and lasting longer than one (1) day the Village agrees to pay for transportation, lodging, and a daily food allowance. There will be no outside activity when the summer temperature or heat index exceeds 90 degrees, when winter temperature is less than 10 degrees, or when the wind chill factor is less than zero (0) degrees. Outside activity shall include multi-company drills, field apparatus inspections, and company training and evaluations, but shall not include building inspections, public education, or other indoor climate-controlled activities. * Wind chill factor shall be determined by average wind speed deducted from temperature ** Temperature restrictions can be waived by agreement from both parties (i.e. Battalion Chief and shift steward) and/or if a unique training opportunity arises. (I.e. acquired structure, hosting a class, etc Section 21.07 - Medical Examination All UNION employees shall be required to undergo a periodic medical exam which is provided at the department’s expense. The exam frequency is based upon age and requirements of the National Fire Protection Association (NFPA). Members must be found fit for duty by the department physician after each exam to be eligible for continued employment with the Village Section 21.09 - Work Related Injury In accordance with the Public Employee Disability Act (PEDA) (5 ILCS 345/1), firefighters injured on the job are entitled to continued payment of their full salary by the Village for up to one (1) year from the date of the injury without losing accumulated sick leave, compensatory time or vacation and while still accumulating pension service credits. Firefighters who are entitled to PEDA benefits shall complete the applicable notice form. While receiving this benefit, the firefighter shall not be employed in any other manner, with or without compensation. Any compensation due to an injured employee from worker’s compensation or from any other types of insurance which may be carried by, or paid for at least partially by the Village, shall revert to the Village during the time for which continuing compensation is paid pursuant to PEDA. A disabled employee also may not receive disability pension while receiving PEDA benefits. 40 Section 21.10 - Light Duty To the extent restricted duty work is available which can be performed by the employee given his/her medical restrictions caused from a duty related injury or illness, as determined by the employee’s physician, the VILLAGE will reasonably accommodate the employee by placing the employee in a restricted duty assignment. There shall be no light duty assignments for employees unless approved by the employee’s physician. Light duty will commence after the employee submits his/her physician's work status paperwork to the Fire Chief. The light duty assignment shall not exceed the restrictions set forth by the employee’s physician. In the event the employee’s work restrictions are changed by the physician, the light duty assignment will be changed to meet the new restriction, if possible. Employees on light duty shall report to the Battalion Chief for assignment. Work hours and work assignment(s) for light duty will be at the discretion of management. Employees on light duty shall be compensated at their normal rate of pay without loss of benefits or creditable service time. An employee on light duty may be required to participate in assigned training activities within the job description unless the employee, due to work restrictions, cannot participate. The employee shall not count towards minimum staffing requirements. Employees on light duty assignment from a duty related injury or illness will be allowed to attend any prescribed appointments relating to the injury or illness during the scheduled hours for light duty. For pregnancy, the VILLAGE shall temporarily transfer a pregnant female firefighter to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated; the VILLAGE agrees to follow the guidelines set forth in the most current edition of NFPA 1582 Annex D. The hours of work shall normally be Monday through Friday eight (8) hours per day. This schedule can be adjusted at the Fire Chief’s discretion to accommodate the employee; however, the employee will not be entitled to work greater than 40 hours per week. Employees on light duty for pregnancy shall be compensated at their normal rate of pay without loss of benefits or creditable service time. Employees on light duty for pregnancy shall be allowed to use accrued sick time, personal time, or accrued vacation time for paid leave for doctors appointments. Any light duty assignment will be made with the reasonable expectation that the employee will be able to resume his/her full duties ARTICLE XXII - PROTECTIVE GEAR AND UNIFORMS Section 22.01- Protective Gear All protective gear as required by the Fire Department shall be furnished by the VILLAGE. When in the determination of the Fire Chief or his designee it is deemed necessary or desirable said protective gear may be repaired or replaced at no cost to the employee. Section 22.02 - Clothing Allowance The Union understands the Department may need to increase/decrease their employees’ clothing allowance due to economic means. The Village agrees that if the allowances will be affected, it will notify the Union within thirty (30) days prior to the new budget year taking effect. A. The Fire Department shall provide a new employee all required uniforms within the first three 41 days of employment, which includes the following: 1. 6 t-shirts (3 short and 3 long) 2. 1 short sleeve class B 3. 1 long sleeve class B 4. 3 pairs of pants 5. 1 belt 6. 1 name tag 7. Duty footwear B. Following completion of one (1) year of continuous service, an employee will be provided a clothing allowance of $575.00. This clothing allowance shall pertain to all required uniform apparel and certain other related items as approved by the Fire Chief. Replacement of items torn or worn out may be approved under inspection by the Fire Chief or his designee. C. Members wishing to use allowance towards job-related items through an approved vendor must undergo and pass an annual clothing inspection based on uniform standards. Any such annual clothing inspection shall occur within thirty (30) days before the start of the new budget year. A list of approved vendors and equipment will be provided by the RFD Quartermaster. Equipment shall not exceed $100 unless approved by the RFD Quartermaster prior to purchase. Any remaining funds do not carry over to the next budget year. D. Allowances are available between May 1st and March 30th. In the month of April, the allowances will be closed due to budgetary requirements

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