Collective Bargaining Labor Agreement Local 2061 PDF
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Hoffman Estates Fire Department
2024
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Summary
This is a collective bargaining agreement between Local 2061 and the Village of Hoffman Estates, governing employment terms and conditions for firefighters, covering representation, no-strike/no-lockout, management rights, union business, leave of absence, and other related provisions from January 1, 2024 to December 31, 2026. It outlines employee rights and responsibilities, including provisions like overtime, sick leave, and grievance procedures.
Full Transcript
COLLECTIVE BARGAINING LABOR AGREEMENT BETWEEN LOCAL 2061, HOFFMAN ESTATES PROFESSIONAL FIREFIGHTERS ASSOCIATION OFTHE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC...
COLLECTIVE BARGAINING LABOR AGREEMENT BETWEEN LOCAL 2061, HOFFMAN ESTATES PROFESSIONAL FIREFIGHTERS ASSOCIATION OFTHE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC AND THE VILLAGE OF HOFFMAN ESTATES, COOK AND KANE COUNTIES, ILLINOIS, BY ITS PRESIDENT AND BOARD OF TRUSTEES January 1, 2024 - December 31, 2026 ARTICLE I REPRESENTATION AND RECOGNITION.......................................................3 Section 1.1. Recognition............................................................................................ 3 Section 1.2. Gender................................................................................................... 3 ARTICLE II NO STRIKE - NO LOCKOUT.............................................................................4 Section 2.1. Protection of Agreement........................................................................ 4 Section 2.2. No Strike................................................................................................ 4 Section 2.3. No Lockout............................................................................................4 ARTICLE III MANAGEMENT RIGHTS.................................................................................. 5 ARTICLE IV UNION BUSL'l\lESS............................................................................................... 6 Section 4.1. Union Steward.....................................................................................6 Section 4.2. Notification to Village........................................................................... 6 Section 4.3. Union Representation.............................................................................6 Section 4.4. Union Membership................................................................................ 6 Section 4.5. Limitation on Union Activities During Working Hours........................ 6 Section 4.6. Leave of Absence...................................................................................7 ARTICLE V UNION BULLETIN BOARDS..............................................................................8 Section 5.1. Bulletin Boards...................................................................................... 8 Section 5.2. Size......................................................................................................... 8 Section 5.3. Posting Procedures.................................................................................8 ARTICLE VI RULES AND REGULATIONS...........................................................................9 Section 6.1. Rules and Regulations............................................................................9 Section 6.2. Precedence of Agreement...................................................................... 9 ARTICLE VII LEAVE OF ABSENCE..................................................................................... 10 Section 7.1. Leave of Absence.................................................................................10 ARTICLE VIII EXCHANGE OF SHIFT ASSIGNMENTS/ASSIGNMENT SELECTION/EXCHANGE OF DUTY DAY SHIFTS.............................. 11 Section 8.1. Shift Exchange - Selection of Regular Station and Regular Apparatus Assignments......................................................................................... 11 Section 8.2. Exchange of Duty Day Shifts.............................................................. 12 Section 8.3. Exchange of Vacation/Compensation Days Between Members of Same Shift............................................................................................ 13 ARTICLE IX VACATIONS.......................................................................................................14 Section 9.1. Vacation Entitlement........................................................................... 14 Section 9.2. Vacation Selection............................................................................... 14 1 935014.l ARTICLE X FUNERAL LEAVE.............................................................................................. 16 Section 10.1. Funeral Leave....................................................................................... 16 Section 10.2. Definition oflmmediate Family.......................................................... 16 Section 10.3. Extended Funeral Leave...................................................................... 16 ARTICLE XI JURY DUTY OR SUBPOENAS........................................................................ 17 Section 11.1. Jury Duty or Subpoena During Working Hours.................................. 17 Section 11.2. Required Testimony During Off Duty Hours......................................17 Section 11.3. Exclusions............................................................................................ 17 Section 11.4. Notice and Fees....................................................................................18 ARTICLE XII RESIDENCY REQUIREMENT...................................................................... 19 ARTICLE XIII SENIORITY.....................................................................................................20 Section 13.1. Definition............................................................................................. 20 Section 13.2. Probationary Period........................................................................... 20 Section 13.3. Seniority List........................................................................................ 20 ARTICLE XIV LAY-OFF AND RECALL............................................................................... 21 Section 14.1. Layoff................................................................................................... 21 Section 14.2. Recall................................................................................................... 21 ARTICLE XV HOURS OF DUTY............................................................................................ 22 Section 15.1. Average Workweek Schedule............................................................22 Section 15.2. DutyDay.............................................................................................. 22 Section 15.3. Compensation Days............................................................................. 22 Section 15.4. Tour of Duty- FLSA........................................................................... 22 ARTICLE XVI OVERTIME - CALL BACK- HOLDOVER............................................... 23 Section 16.1. Overtime.............................................................................................. 23 Section 16.2. Recall................................................................................................... 23 Section 16.3. Holdover.............................................................................................. 23 Section 16.4. Hire Back............................................................................................. 23 Section 16.5. Other Overtime Assignments...............................................................23 Section 16.6. Time Due Bank.................................................................................... 24 Section 16.7. Personal Leave................................................................................... 28 ARTICLE XVII WORKING OUT OF CLASSIFICATION..................................................29 Section 17.1. Pay for Work Out of Classification................................................... 29 Section 17.2. Selection of Employees to Work Out of Classification...................... 29 ARTICLE XVIII INJURY LEAVE........................................................................................... 30 11 935014.1 Section 18.1. Benefits................................................................................................ 30 Section 18.2. Light Duty for a Job Related Injury.....................................................30 Section 18.3. Light Duty for a Non Job Related Injury or Illness.............................32 ARTICLE XIX SICK LEAVE................................................................................................... 34 Section 19.1. Earnings...............................................................................................34 Section 19.2. Usage.................................................................................................... 34 Section 19.3. Reporting an Absence.......................................................................... 34 Section 19.4. Incentives............................................................................................. 34 Section 19.5. Unpaid Leave....................................................................................... 35 Section 19.6. Medical Examinations......................................................................... 35 ~P.c:tinn 1Q.7 - Family and Medical Leave Act, _,, ___.....................................................35 ARTICLE XX LABOR MANAGEMENT MEETINGS; GRIEVANCE - ARBITRATION............................................................................................. 37 Section 20.1. Grievance Definition.......................................................................... 37 Section 20.2. Procedure...........................................................................................37 Section 20.3. Limitations on Authority of Arbitrator................................................ 39 Section 20.4. Time Limits.......................................................................................... 39 Section 20.5. Exclusivity of Grievance Procedure....................................................40 Section 20.6. Union Grievances.................................................................................40 Section 20.7. Miscellaneous...................................................................................... 40 Section 20.8. Matters within Jurisdiction of Fire and Police Commission are Excluded............................................................................................ 40 ARTICLE XXI SALARY SCHEDULE AND FRINGE BENEFITS.....................................41 Section 21.1. Salary Schedule.................................................................................... 41 Section 21.2. Firefighter and Paramedic Training Pay..............................................44 Section 21.3. Clothing Allowance...........................................................................44 Section 21.4. Health Insurance.................................................................................. 46 Section 21.5. Holiday Pay.......................................................................................... 48 Section 21.6. Special Service Rate............................................................................ 48 Section 21.7. Encouragement of Further Education..................................................48 Section 21.8. Hepatitis B Virus Inoculations.............................................................49 Section 21.9. Communicable Disease........................................................................ 49 Section 21.10. Group Term Life Insurance................................................................. 49 Section 21.11. Pay Upon Termination......................................................................... 49 Section 21.12. Sick Leave Usage Incentive...............................................................49 Section 21.13. Health Insurance Opt-Out Program Benefit........................................ 50 Section 21.14. VEBA Plan........................................................................................... 50 ARTICLE XXII BILL OF RIGHTS.......................................................................................... 52 Section 22.1. Interrogations..................................................................................... 52 111 935014.1 Section 22.2. Disclosure..........................................................................................53 Section 22.3. Disciplinary Action.............................................................................. 53 Section 22.4. Pay Pending Filing of Formal Charges.............................................. 54 Section 22.5. Grieving Disciplinary Action...............................................................54 ARTICLE XXIII DUES DEDUCTION AND FAIR SHARE................................................. 56 Section 23.1. Checkoff............................................................................................... 56 Section 23.2. Indemnification....................................................................................55 ARTICLE XXIV PROMOTIONS............................................................................................. 57 Section 24.1. General............................................................................................... 57 Section 24.2. Eligibility Requirements.................................................................... 57 Section 24.3. Components of the Promotional Process and the Weighting of Components....................................................................................... 58 Section 24.4. Promotion Process Components........................................................ 58 Section 24.5. Selection Process for Outside Training Opportunities........................ 66 Section 24.6. Scoring of Components and Posting of Promotion List...................... 68 Section 24.7. Order of Selection.............................................................................. 69 Section 24.8. Duration of Promotion List.................................................................. 69 Section 24.9. Right of Review...................................................................................69 ARTICLE XXV DRUG AND ALCOHOL TESTING............................................................. 79 ARTICLE XXVI TERMINATION AND LEGALITY CLAUSE...........................................80 Section 26.1. Savings.................................................................................................80 Section 26.2. Village Board of Fire and Police Commissioners................................ 80 Section 26.3. Entire Agreement................................................................................. 80 Section 26.4. Effective Date, Termination and Reopening Provisions......................80 APPENDIX A HEALTH BENEFIT HIGHLIGHTS................................................................ A-1 APPENDIX B LIGHT DUTY ASSIGNMENTS....................................................................... B-1 APPENDIX C WORKING CONDITIONS............................................................................... C-1 APPENDIX D AUTHORIZATION FOR CHECKOFF OF UNION DUES............................ D-1 APPENDIX E SUBSTANCE ABUSE POLICY....................................................................... E-1 APPENDIX F GOVERNMENTAL ETHICS............................................................................ F-1 APPENDIX G 2024 SENIORITY ROSTER (Effective 01/01/2024)....................................... G-1 lV 935014.1 PREAMBLE THIS AGREEMENT entered into by the VILLAGE OF HOFFMAN ESTATES, ILLINOIS (hereinafter referred to as the "Village "or the "Employer") and the HOFFMAN ESTATES PROFESSIONAL FIREFIGHTER ASSOCIATION Local # 2061 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO,CLC(hereinafter referred to as the "Union") has as its basic purpose the promotion of harmonious relations between the Village and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and establishment of rate of pay, hours of work and conditions of employment applicable to bargaining unit employees. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, The Village and the Union do mutually promise and agree as follows: 2 ARTICLE I REPRESENTATION AND RECOGNITION Section 1.1. Recognition. The Village of Hoffman Estates ("Village") recognizes the Hoffman Estates Professional Firefighters Association, International Association of Firefighters, Local 2061 ("Union") as the exclusive collective bargaining representative for all employees of the Village of Hoffman Estates Fire Department employed as Firefighters, Firefighter/Paramedics, Lieutenants, Lieutenant/Paramedics, Captains and Captain/Paramedics, excluding persons occupying ranks above captain, all other employees of the Hoffman Estates Fire Department and all supervisory, managerial or confidential employees as defined in the Illinois Public Employee Labor Relations Act. Section 1.2. Gender. Wherever the male gender is used m this Agreement, it shall be construed to include male and female employees. 3 ARTICLE II NO STRIKE - NO LOCKOUT Section 2.1. Protection of Agreement. Neither the Village nor the Union, through their officers, members, representatives, agents or committees shall engage in any activity of any kind for the purpose of defeating or evading the terms of this Agreement. Section 2.2. No Strike. Neither the Union nor any officers, agents or employees covered by this Agreement will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sit-down, concerted stoppage of work, concerted refusal to perfotni mandatory overtime, mass resignations or mass absenteeism. Any or all employees who violate any of the provisions of this section may be disciplined by the Village, up to and including discharge. Section 2.3. No Lockout. The Village agrees that there shall be no lockout of members of the Union. 4 ARTICLE III MANAGEMENT RIGHTS It is understood and agreed that the Village possesses the sole right and authority to operate and direct the employees of the Village and its various departments in all aspects including, but not limited to, all rights and authority exercised by the Village prior to the execution of this Agreement, except as modified in this Agreement. These rights include, but are not limited to the right: 1. To determine its mission, policies, and to set forth all standards of service offered to the public; 2. To plan, direct, control, schedule, and determine the operations or services to be conducted by employees of the Village; 3. To determine the methods, means and number of personnel needed to carry out the department's mission; 4. To direct the working forces; 5. To hire, assign, or transfer employees; 6. To promote; and demote, suspend, discipline or discharge for just cause; 7. To lay-off or relieve employees due to lack of work or funds or for other legitimate reasons; 8. To make and enforce rules and regulations; 9. To introduce new or improved methods, equipment, or facilities; 10. To contract out for goods and services; and 11. To take any and all actions as may be necessary to carry out the mission of the Village and the Fire Department in situations of civil emergency conditions as may be declared by the President of the Board of Trustees or the Village Manager. Said action may include the suspension of the provisions of this Agreement provided that wage rates and monetary benefits shall not be suspended. All provisions of this Agreement shall be immediately reinstated once a civil emergency condition ceases to exist. 5 ARTICLE IV UNION BUSINESS Section 4.1. Union Steward. The Union shall have the right to certify no more than three (3) Stewards to participate in the Grievance Procedure to the extent set forth in Article XX of this Agreement. In the absence of a Steward, one (1) Local Union Representative may act in the capacity of a Steward and may participate in the Grievance Procedure to the extent set forth in Article XX of this Agreement. Section 4.2. Notification to Village. The Union shall provide the Village Manager and Fire Chief with a iist indicating the names and ti ties of aii officers and stewards of the Union on or before December 31 of each year. In addition, the Union shall advise the Village of any changes in the officers or stewards of the Union by providing an updated list to the Village Manager and Fire Chief, within forty-eight (48) hours upon certification of the changes. Section 4.3. Union Representation. The Union Steward or other appropriate Local Union Representative may represent individual Union members in matters appropriate for Consultation and Grievance handling as set forth in Article XX. No more than one (1) Steward and/or one (1) Local Union Representative are to be used in this process. Section 4.4. Union Membership. There shall be no discrimination, interference, restraint, or coercion by the Village or any of its agents against any employee because of his membership in the Union or by the Union because an employee is not a Union member. Section 4.5. Limitation on Union Activities During Working Hours. The Union, its members, agents, or representatives will not engage in any Union activities of any kind during the working hours of the employees, except as authorized pursuant to the provisions of this Agreement. Working hours shall be defined as those hours in which an employee receives compensation from the Village, except when an employee is on authorized vacation leave or compensation day. 1) Employees may engage in Union business at any time while on duty if directed to do so by the Fire Chief or his designee or if approved by the Fire Chief or his designee in special circumstances such as to provided Weingarten rights when time is of the essence; 2) Employees may engage in Union business between the hours of 1700 and 0800 with Shift Commander approval provided that such activity does not interfere with their work or Village business, employees do not leave their assigned duty location and such activity does not involve the use of Village equipment or resources; 6 3) The Union may hold Union meetings at a firehouse with advanced approval by the Fire Chief or his designee. Employees who are on duty and assigned to the firehouse where the meeting is held may attend while on duty and employees who are on duty at other stations may participate by virtual means including internet access provided such means are paid for by Union and/or Foreign Fire Tax Board funds and the uses are limited to union business, training exercises or other uses that are mutually agreed by the parties. Section 4.6. Leave of Absence. Leave of absence may be requested by Union members, authorized to represent the Union, to attend meetings, conventions or conferences pertaining to Union business. Approval or disapproval of such request by an authorized Union member shall be at the discretion of the Fire Chief. It is agreed that leave of absence of authorized Union members for Union business shall not exceed four (4) members for three (3) duty days each per year ( January- December) for the total Union membership, provided such leave of absences(s) is approved pursuant to Article VII of this Agreement. It is understood that reasonable advance notice of request for leave will be given to the Fire Chief. 7 ARTICLEV UNION BULLETIN BOARDS Section 5.1. Bulletin Boards. The Village agrees to provide an area in each Fire Station for the Union to post one (1) bulletin board. Section 5.2. Size. The bulletin board space shall not exceed three (3) feet by three (3) feet. Section 5.3. Posting Procedures. The Union bulletin boards shall be used for the posting of Union notices as it deems appropriate. All costs incident to preparing and posting of-Union material shall be borne by the Union. The Union is responsible for posting and removing any material on its designated bulletin boards and for maintaining such bulletin boards in an orderly condition. 8 ARTICLE VI RULES AND REGULATIONS Section 6.1. Rules and Regulations. The Union agrees that it shall encourage its members to comply, in full, with all Fire Departmental rules, regulations, orders and directives, and the Village of Hoffman Estates Personnel Policy Manual that are not in conflict with provisions of this Agreement. New or revised rules, regulations, policies, procedures, and written directives may be established from time to time. Except in an emergency, the Union will be given notice of proposed changes affecting bargaining unit members and a reasonable opportunity to discuss such changes with management before they are finalized, and absent emergency, such changes will be posted in such a manner to have proposed deleted language written with "strikeout" and new language written in "Bold" print for no less than 10 days for input and for an additional period of 21 days before they become effective and enforceable; provided, however, this sentence shall not apply to the Rules and Regulations of the Board of Fire and Police Commissioners or personnel orders. Rules, regulations, policies, procedures, and directives of the Fire Department shall be fairly and equitably administered and enforced. Section 6.2. Precedence of Agreement. In accordance with Article XV, section (b) (5 ILCS 315/1 S(b) of the Illinois Public Labor Relations Act, if there is a conflict between a specific provision of this Agreement and a specific provision of a Village ordinance or a written rule, regulation, directive, policy or procedure which may be in effect from time to time, the specific provision(s) of this Agreement, for its duration, shall take precedence. 9 ARTICLE VII LEAVE OF ABSENCE Section 7.1. Leave of Absence. Leave of absence shall be defined as periods of excused absence from work, without pay. Approval or disapproval of a request for a leave of absence shall be at the discretion of the Village Manager. 10 ARTICLE VIII EXCHANGE OF SHIFT ASSIGNMENTS/ASSIGNMENT SELECTION/EXCHANGE OF DUTY DAY SHIFTS Section 8.1. Shift Exchange - Selection of Regular Station and Regular Apparatus Assignments. A. Exchange of Shift Assignments. (1) On or before August 1 of each calendar year, any two employees with the same qualifications may submit a written request to the Fire Chief, or his designee, to exchange shift assignments. The request for such exchange shall be subject to the approval of the Fire Chief, or his designee, and shall be responded to in writing by September 1 and, if approved, be effective January I. (2) Also, any time, any two employees with the same qualifications, may submit a written request to the Fire Chief to exchange shift assignments. The request for such exchange shall be subject to the approval of the Fire Chief and can be done any time during the year as long as it does not affect vacation selection, compensation days or cause the department overtime. (3) In addition, when new employees are added or should a vacancy occur in the department, an individual employee may submit a written request to the Fire Chief to exchange shift assignments. The request for such exchange will be subject to the approval of the Fire Chief. B. Assignment Selection. Employees on each shift shall be permitted to select their regular fire station assignments and their regular apparatus assignments at said fire station on the basis of continuous full-time, sworn service with the Village's Fire Department and qualifications in the following manner, provided however, that the Fire Chief retains the sole right to determine, and change from time to time, qualifications and number of employees for all assignments under this Section. (1) Employees who meet the necessary qualifications established by the Fire Chief shall select regular station and regular apparatus assignments at said station on the basis of continuous full-time, sworn service with the Village's Fire Department. (2) Selection for such assignments shall normally be made at the same time as vacation selection and shall be completed by December 1 of each year with assignments to be effective January 1. If an employee fails to select his regular station or regular apparatus assignment by December 1, then the Fire Chief shall have the sole authority to determine said employee's regular station and/or regular apparatus assignment. 11 (3) Prior to commencement of the selection process, the Fire Chief shall set forth the station and apparatus requirements, which shall be based upon the Fire Department's policy on station/apparatus requirements. C. Notwithstanding, the foregoing provisions of this Section, in situations involving the need to fill any manpower position, the Fire Chief, or his designee, retains the right to assign any employee to any station or apparatus on a temporary basis ifhe determines that such a temporary assignment is necessary or appropriate in a specific instance. Section 8.2. Exchange of Duty Day Shifts. Any two (2) employees shall have the right to exchange duty day shifts provided: A. Such exchange is made known to the shift commander by the beginning of the shift; however, employees are encouraged to contact the shift commander no less than one ( 1) hour prior to the exchange of duty occurring. B. A written record of such shift exchange is made within 48 hours after the exchange. C. The exchange is between employees of equal or greater qualification, (i.e., a firefighter/paramedic for a firefighter/paramedic; a lieutenant for a lieutenant or firefighter/paramedic; a captain for a captain, lieutenant or firefighter/paramedic) unless this requirement is waived by the shift commander. D. The shift commander verifies the propriety of the exchange pursuant to these guidelines. Accordingly, if an employee requests and receives authorization to exchange duty with a second employee, the second employee who is scheduled to work the exchange is responsible for working the agreed upon work shift/hours. In the event the employee (second employee) is unable to work the shift/hours, the employee (second employee) must find a replacement (i.e., initiate an additional exchange of duty) consistent with the criteria set forth in paragraph 1 (and if so, the second employee shall be responsible to pay back the third employee). If the second employee is unahle to find a replacement, the exchange of duty time shall be deducted from the second employee's appropriate accumulated benefit time on an hour for hour basis. Provided, however, if a hireback is necessary, the exchange of duty time shall be deducted from the second employee's option of accumulated vacation, compensation days, time due or personal leave on an hour for hour basis. In the event that the employee does not have the appropriate accumulated benefit time, the exchange of duty time may be deducted as an advance of vacation time and an appropriate request for advance of vacation leave form shall be completed. The deductions allowed herein shall not limit the ability of the Village to discipline an employee for abuse of duty trade privileges (e.g., the employee calls in sick, but is not sick). Any hours worked in accordance with this provision shall be counted as hours worked by the employee originally scheduled to work. Further, no benefit time deducted pursuant to this provision shall count for purposes of overtime calculation under this Agreement. 12 If one (1) employee substitutes for another employee under this Article, then the hours worked by the substitute employee shall be excluded by the Village in the calculation of hours for which the substitute employee would otherwise be entitled to compensation. If, however, the substitute employee works beyond the other employee's scheduled duty day, then the substitute employee shall be entitled to the applicable rate of compensation for such additional hours worked. If a substitute employee works another employee's duty day shift in accordance with this Article, then the hours worked by the substitute employee shall only be counted as hours worked by the employee for whom he is substituting. Nothing in this Article shall preclude an employee from exchanging duty with a member of his/her own shift subject to compliance with the requirements of this Section 8.2. Section 8.3. Exchange of Vacation/Compensation Days Between Members of Same Shift. Any two (2) employees shall have the right to exchange vacation or compensation days provided: Any two (2) employees from the same shift shall be permitted to exchange vacation days and compensation days, as long as the exchange does not result in any additional compensation. An employee may request a change in his vacation and/or compensation day schedule subject to the approval of the Fire Chief or his designee, providing that good cause exists for the requested change. The Fire Chief or his designee retains the discretion to approve or deny an employee's request to change his vacation and/or compensation day schedules for a bona fide operational reason. 13 ARTICLE IX VACATIONS Section 9.1. Vacation Entitlement. An employee who is temporary, intermittent, or part-time is not eligible for accrual of vacation time. No vacation may be taken by employees until he has one ( 1) year of continuous service with the Village. (Exception to the above statement must be approved by the Fire Chief.) Each eligible employee is entitled to take paid vacation time as follows: A. From completion of one (1) year of continuous service until the date of five (5) years of continuous service are completed: Five (5) duty days. B. From the date of five (5) years of continuous service are completed until the date of eleven ( 11) years of continuous service are completed: Seven (7) duty days. C. From the date of eleven (11) years of continuous service are completed until the date of seventeen (17) years of continuous service are completed: Ten (10) duty days. D. From the date of seventeen (17) years of continuous service are completed until the date of nineteen (19) years of continuous service are completed: Twelve (12) duty days. E. From the date of nineteen (19) years of continuous service are completed until the date of twenty (20) years of continuous service are completed: Thirteen (13) duty days. F. From the date twenty (20) years of continuous service are completed: Fourteen (14) duty days. Section 9.2. Vacation Selection. It shall be the responsibility of the Fire Chief to determine the number of employees who can be scheduled off at any one time, which shall be a minimum of five (5) employees per shift, and a maximum of six (6) employees per shift, when possible. Effective January 1, 2004, vacation selection shall exclude non-union members. The Union shall have posted on each station bulletin board a vacation calendar schedule on or before September 1 of each year. Employees shall have the opportunity of selecting their vacation schedules for the upcoming calendar year. Vacation days may be scheduled through the entire year. 14 The selection of vacation schedules shall be based upon seniority. Employees shall have until December 1 of each year to select their vacation schedule based upon seniority. If an employee fails to select his vacation schedule by December 1 of each year, said employee voids his seniority rights in regards to vacation schedule preference and the Fire Chief shall then have the sole authority to determine said employee's vacation schedule for the upcoming calendar year. An employee shall be permitted to split the number of duty days vacation he is eligible to receive as many times as desires, provided that each time a vacation period is selected he shall lose his pick until the rest of the employees have picked by seniority. Employees who have an anniversary date during the fiscal year, which will result in additional vacation time available for selection on the schedule for the entire fiscal year may not select such additional vacation time until all other employees have picked their vacations. Except as otherwise provided, vacation time must be used during the same fiscal year in which it is accrued; provided that if, because of illness, injury, or Department mandated schooling or training, an employee cannot use vacation time earned, such time may be carried over up to a maximum of one year's ( 1) accrual. 15 ARTICLEX FUNERAL LEAVE Section 10.1. Funeral Leave. In the event of a death in the immediate family, the employee shall be authorized a leave of absence. During such leave of absence, the employee shall be paid at his regular rate of pay for such leave of one (1) duty day, not to exceed a maximum payout of more than 24 hours. Leave of absence in excess of 24 hours as referred to above shall be without pay, except as provided in Section 3 of this Article. It is understood that only the necessary time needed shall be used. Section 1u.2. Definition oflmmediate Family. Tne empioyee' s immediate family shall be defined as the employee's spouse, child, stepchild, mother, father, stepmother, stepfather, legal guardian, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother or grandfather, and spouse's grandmother or grandfather. Section 10.3. Extended Funeral Leave. In the event of a death of an employee's immediate family member who currently resides in the employee's household, or for circumstances as determined by the Village Manager, the employee may be granted extended funeral leave. Such request shall initially be made to the Fire Chief. The requesting employee shall receive a response as promptly as possible. 16 ARTICLE XI JURY DUTY OR SUBPOENAS Section 11.1. Jury Duty or Subpoena During Working Hours. Except as otherwise provided in this article, an employee who is required to be absent from work because he is called for jury duty or because of subpoena from any legislative, judicial or administrative tribunal or office thereof, will be allowed necessary time away from work with regular pay for such purpose provided however, that such call or subpoena shall not be for the misconduct of the employee while not on duty for or on the behalf of the Village. It is understood that only the time needed (including reasonable and necessary travel time) shall be taken. Section 11.2. Required Testimony During Off Duty Hours. Except as otherwise provided in this article, an employee will be paid his or her applicable hourly rate for off-duty hours (including reasonable and necessary travel time) of testimony required by any legislative, judicial or administrative tribunal or office thereof, under the following circumstances: A. When the Village requires the employee to testify during the employee's off-duty hours; or B. If the employee is subpoenaed to testify with respect to matters arising out of the employee's employment by the Village. Section 11.3. Exclusions. Notwithstanding any other provision of this Agreement, an employee will not be entitled to any compensation for testimony (including travel time) required by any legislative, judicial or administrative tribunal or office thereof, under any or all of the following circumstances: A. If the employee's testimony is at the request of the Union or if the employee is subpoenaed at the request of the Union; B. If the employee's testimony is before the Village Board of Fire and Police Commissioners; C. If the employee's testimony is before an arbitrator with respect to a pending grievance; D. If the employee's testimony is before the Illinois Industrial Commission; or E. The employee's testimony pertains to a matter in which the employee is a plaintiff or claimant of any kind. The exclusions in subparts B, C, or D of the foregoing sentence shall not apply if the employee is testifying as a witness at the direction of the Village. 17 Section 11.4. Notice and Fees. An employee must notify his Battalion Chief immediately upon receiving notice that he may be required to testify or appear for jury duty. If the Village compensates an employee for jury duty or testimo11.y, then the employee shall pay over to the Village any other compensation (exclusive of expenses) the employee receives for jury duty or for testimony. 18 ARTICLE XII RESIDENCY REQUIREMENT No employee covered by this Agreement shall be required to reside within a particular geographic area as a term or condition of continued employment. 19 ARTICLE XIII SENIORITY Section 13.1. Definition. A. Seniority shall mean an employee's length of continuous service with the Village of Hoffman Estates. B. However, issues relating to the "Selection of Regular Station and Regular Apparatus Assignments," the selection of"Compensation Days," and eligibility for a "Career Service Incentive" shall be determined by the individual's continuous fuii-time, sworn service with the Hof:iinan Estates Fire Department. Section 13.2. Probationary Period. All employees new to the Hoffman Estates Fire Department shall be classified as Probationary. The probationary period for a firefighter/paramedic is as defined in the Fire and Police Commission Rules and Regulations. Section 13.3. Seniority List. There shall be established a Village Seniority Roster and a Department Seniority Roster (for Selection of Regular Station and Regular Apparatus Assignments, Compensation Day selection and Career Service eligibility), both attached hereto as Appendix G and by said reference made a part of this Agreement. The Fire Chief shall prepare on or before September 1 of each year, an update of both seniority rosters in each fire station and shall forward a copy of both seniority rosters to the Union Secretary and Village Manager. 20 ARTICLE XIV LAY-OFF AND RECALL Section 14.1. Layoff. In the event the Village decides to exercise its right to lay off employees, the Village Manager shall notify the Union President of the pending reduction of employees. Employees shall be laid off in inverse order of their seniority. All probationary employees will be laid off first. Before an employee is laid off, the Village shall require said employee(s) to submit to a physical examination. If two (2) or more employees have the same seniority time, the Village shall then use the ranking of said employees on the eligibility list as certified by the Fire and Police Commission. The employee with the lower ranking shall be laid off first. Employee(s) on laid-off status shall be considered furloughed without pay. Section 14.2. Recall. Employee(s) will be recalled in reverse order of their lay-off. Recall shall be made in accordance with the power and authority of the Fire and Police Commission as enumerated in the Illinois Compiled Statutes. 21 ARTICLE XV HOURS OF DUTY Section 15.1. Average Workweek Schedule. The average workweek schedule of employees shall be a fifty-six hour workweek. Section 15.2. Duty Day. A duty day shall be defined as twenty-four (24) consecutive hours for the purpose of this Agreement. The duty schedule is one (1) duty day on followed by forty-eight (48) consecutive hours off. It is understood that the duty day shall begin at 0800 hours of a given day and end at 0800 hours the foiiowing morning. Section 15.3. Compensation Days. In order to reduce the number of hours worked annually, each employee shall be entitled to twelve (12) duty days off with pay during the calendar year (January 1 - December 31). After employees have selected their vacation schedules pursuant to the provisions of Article IX, Section 2, duty days off shall be scheduled according to the choice of the employee with the approval of the Fire Chief, it being the responsibility of the Fire Chief to determine the number of employees who can be scheduled off at any one time. Selection of compensation days shall be based on continuous full-time, sworn service with the Village's Fire Department. If an employee fails to use said duty days off within said time frame, said duty days off will be forfeited, except that if an employee does not use said compensation days because of an injury on duty or Department mandated schooling or training, said compensation days, up to a maximum of twelve (12), may be rescheduled with approval of the Fire Chief. Section 15.4. Tour of Duty - FLSA. The employee's tour of duty shall be each twenty-six (26) consecutive calendar day period. Each twenty-six (26) day tour of duty is followed by the next twenty-six (26) day tour of duty and continues as such throughout the term of this Agreement. The Fire Chief shall schedule such regular duty days off for employees in order to ensure that the total number of hours actually worked by a firefighter does not exceed one hundred ninety- seven (197) in a designated twenty-six (26) day tour of duty. It is understood that vacation time and compensation days do not count towards the 197 maximum hours. It is understood that the duty days taken in order to comply with this article are included in the total number of days off already specified in Article XV and Article IX. 22 ARTICLE XVI OVERTIME-CALLBACK-HOLDOVER Section 16.1. Overtime. All employees in overtime classification shall be compensated at a rate of one and a half (1 1/2) times their regular hourly rate of pay for such overtime. Overtime compensation shall be computed to the next nearest quarter (1/4) hour and computed bi-weekly commensurate with the payroll, and the employee shall receive said overtime pay on the next regular pay period payday. All overtime will begin or end at the next nearest quarter hour. There will be no overlapping of overtime hours when replacement of employees takes place except when the Shift Commander determines that personnel need to be moved or for continued work due to response to an emergency incident. (Example: FF A is held over or on a hire back; FF B is replacing FF A and comes in at 10 minutes past the hour. FF A's OT will end and FF B's OT will begin at 15 minutes past the hour, except for FF A ifhe continues working due to responding to an emergency call.) Whenever an employee is ordered to return to duty after his regularly scheduled tour of duty, said employee shall be classified in overtime status from the time of such order until released by the officer in charge provided the employee is not held over to complete or correct an assignment which the employee should have normally completed during his normal work hours. Section 16.2. Recall. Whenever an off-duty employee is recalled for duty, he shall be considered in overtime status. All approved employees who respond to the recall order shall be guaranteed a minimum of two (2) hours of overtime pay for each recall the employee responds to from the time of such order until released by the officer in charge. Section 16.3. Holdover. Whenever an employee is required to remain on duty past his/her regular tour of duty, he/she shall be classified in overtime status and shall be guaranteed a minimum of a quarter (1/4) hour of overtime pay. Section 16.4. Hire Back. When an employee is needed to fill a vacancy, selection of said employee shall be handled by the Union and made from a hire back schedule maintained by a designated Union Steward for each shift. All hire backs and force backs shall be secured by the Union. Section 16.5. The Shift Commander will determine if any specific qualifications are required for the hireback, e.g. engineer, acting officer. Other Overtime Assignments. If the need arises to use specialized personnel, the following shall apply: A. Criteria. The use of on-duty personnel with specialized skills will be utilized when staffing permits to fill special assignments such as certified Inspector, Public Educator and training of departmental classes. In the event that a program has been scheduled with an on-duty specialist and staffing falls below minimum 23 requirements on the morning of the program, a hold-over will be required to insure the program is completed if canceling the program will have an adverse impact on community relations, inter-agency relationships or departmental objectives. B. Use of Specialist. (1) Fire Inspectors - A certified Inspector may be hired back to perform responsibilities normally assigned to the Fire Prevention Bureau. (2) Public Education - A Public Educator may be hired back to perform responsibilities normally assigned to the Public Education Division. projects/training within the organization, as determined by the Fire Chief, can be assigned to individuals based on the needs of the Department and the qualification of the individuals. Section 16.6. Time Due Bank. When an employee works overtime, he may elect to bank the hours as "Compensatory Time Due" in lieu of receiving monetary compensation in that pay period ("Time Due Bank" or "Time Due"), subject to the provisions of this Section. In consideration of the Village offering this Time Due benefit, the Village and the Union agree, in furtherance of Section 7(o)(5) of the Fair Labor Standards Act, to place restrictions on the use of Time Due under circumstances that they agree would constitute an "undue disruption" of the Department's operations. This Time Due benefit allows employees to take time off at a future date when the leave calendar might otherwise be full and prevent normal scheduling of time off, or in the case of a personal emergency where time off is needed and not otherwise available. Requests for Time Due off shall be handled according to the following procedure: 1. Employees may establish and maintain a rolling bank for Time Due by electing to bank overtime hours as Time Due in lieu of taking cash payment for overtime to a maximum of 120 hours. This time shall be banked at the applicable overtime rate, e.g. 24 hours overtime worked at time and one half = 36 hours banked as compensatory time due or 24 hours worked at double time = 48 hours banked as compensatory Time Due. Employees who work on a holiday may choose to bank up to twelve hours of their holiday straight time pay into their Time Due bank, in lieu of a cash payment. Employees will not be allowed to bank hours earned under special service rate pay. 2. An employee may request and schedule time off so long as he has sufficient banked Time Due to cover the requested time off. 3. The use of Time Due may be scheduled to start Monday through Friday between 0800 and 1600 hours for a minimum of eight (8) hours or more to a maximum of twenty- four (24) hours and such use will be allowed in a minimum of½ hour increments. The use of Time Due may also be scheduled Monday through Friday between 1600 and 0800 hours for a minimum of six (6) hours and such use will be allowed in a minimum 24 of½ hour increments. The use of Time Due may also be scheduled on a shift that starts on Saturday or Sunday for a minimum of six (6) hours or more to a maximum of twenty-four (24) hours and such use will be allowed in a minimum of ½ hour increments. When an employee is off duty using Time Due hours, not including a Call Back or for the need to attend to divisional duties (excluding coverage for such), the employee is not permitted to accept a hireback. Time Due hours may be used to initiate or payback exchange of duty assignments with other personnel. 4. No more than five (5) bargaining unit members will be allowed to use Time Due (inclusive of Personal Leave) at any one time. If manning falls below the minimum (e.g. 22), then the member shall be charged at the 1.5 or 2 hrs/hr rate (premium rate). The Battalion Chiefs use of Time Due will not be counted toward the reduction of manning related to the minimum. If the Village has to pay 1.5 or 2 hrs/hr rate (premium rate), Time Due will be charged at that rate. (E.g., 24 hour hire-back at time and a half equals 36 hours reduction in Time Due Bank.; this amount will increase to 2 times if the employee elects to schedule Time Due when the Village is required to pay double time to the employee who covers the leave requested.) All Time Due requests shall be taken on a first come first served basis. At the time of the employee's Time Due request, those hours required to cover the specific day requested will immediately be encumbered. The hours will be encumbered at the overtime rate of 1.5 or 2 hrs/hr (premium rate). In the event overtime is not required to cover the requested time off, the extra hours will be returned to the individual's bank. An employee will only be allowed one encumbrance per day requested. 5. An employee desiring to schedule Time Due off is encouraged to notify the on-duty Shift Commander requesting the use of Time Due (for purposes of this section 16.6 the "Shift Commander") at least two (2) hours before his shift commences but in any event shall notify his Shift Commander prior to 8:00 AM or as soon as practicable thereafter (i.e., emergency situations). The parties agree that Time Due requested on holidays as defined in section 21.5 shall be requested at least two shift days (6 calendar days) in advance. The request will not be approved in the event that a hireback is not secured within twelve hours of the start of the shift day of the requested time off. (Example: If an employee wishes to use twenty four (24) hours of Time Due beginning at 0800 on Christmas Day, his request must be submitted by 0800 on December 19. Ifno hireback is secured prior to 2000 on Christmas Eve, then the request to use Time Due would be denied). 6. If at the time of the request it is necessary to pay another employee premium pay of any kind to cover the employee' s requested time, the parties agree that such request cannot be filled within a reasonable period of time without unduly disrupting the operations of the Fire Department. In such a circumstance the employee shall have the following options: a) To direct the Shift Commander to forego the request for time off and requisition payment for 36 hours of banked Time 25 Due (e.g., 24 hours requested at time and a half equals 36 hours reduction in Time Due Ban1c) on the next regular payroll check. b) To withdraw the request and to resubmit a request for leave at another time when premium pay will not be required to cover the employees' requested time; or, c) Take the leave requested and have his Time Due Ban1c reduced by the appropriate hours as described below: If the leave requested causes the Village to pay another employee premium pay of any kind to cover the employee's requested time, the scheduled employee taking the leave shall be designated as having taken an "unduly disruptive day" and the scheduled employee's Time Due Ban1c shall be reduced one hour for each hour the Village is required to compensate the employee who covers the leave requested and/or any the hourly equivalent of any additional premium pay that the Village is required to pay to the employee who covers the leave requested If no premium pay is required, the request shall be deemed to be not unduly disruptive and the employee taking the leave shall have his Time Due Ban1c reduced hour-for-hour by one hour for each hour granted off duty, e.g. 24 hours off equals 24 hours reduction in Time Due Bank). 7. Cancellation of encumbered Time Due requested may occur under the following guidelines: a) Notification of cancellation must be made to the Shift Commander prior to the start of the scheduled Time Due request. All encumbered hours will be returned to the employee's Time Due Ban1c. b) If a hire back was secured to cover any portion of the Time Due period, then the employee hired back must be notified that they will not be needed prior to their start time. Otherwise, a minimum of three (3) straight-time hours (based on two hours of overtime paid to the hired back employee) will be reduced in the requesting employee's Time Due ban1ced hours account. c) Reduction of hours of Time Due requested may be allowed either prior to or after the Time Due used period begins, provided that the Shift Commander is notified and that point #B above is followed. The minimum of 8 hours of Time Due used must still be maintained if the hours are reduced. (Example - The employee requests 8 hours of Time Due and is off of shift. He then decides that he only needs to be off for 4 hours. He 26 must still use the minimum 8 hours of Time Due once he initiated using his time.) 8. The parties agree that the restrictions described in paragraphs 2-7 of this section serve their mutual interests in allowing maximum flexibility for employees to schedule their Time Due within reasonable time periods while avoiding any undue disruption of the Village's operations. The parties also agree that the Village may limit the use of Time Due as permitted by the Fair Labor Standards Act. 9. Cashout. Employees have the ability to cash out accrued hours only in the year in which it was accrued. An employee may request payment for his unused hours at any time. The requested payout will be included in the next payroll period. Time Due that has not been approved for use during the calendar year and that is in the employee's Time Due Bank at the time that the second payroll of December is processed shall be cashed out in the second regular payroll check of December unless the member is participating in the Section 115 plan, then unused hours will be paid in accordance with the Side Letter of Agreement between the parties regarding the Hoffman Estates Trust Agreement Retiree Healthcare Funding Plan Contributions. (M, no rollover of Time Due from year to year). 10. Any and all disputes that may arise between the parties as to the administration of this section shall be resolved through the grievance arbitration procedure, Article XX of this agreement, except that such grievance shall be filed at Step 3. The parties expressly agree and in reliance upon the Supreme Court's decision in 14 PennPlazaLLC v. Pyett, 129 S.Ct. 1456, 186 LRRM 2065 (2009), that such disputes shall include claims or allegations that any restrictions on the use of time due available to employees from their compensatory time banks as established under this section do not comply with §7(o)(5) of the FLSA, 29 USCA §207. In the event that any such grievance is advanced to arbitration, the parties further stipulate and agree that the arbitrator's remedial authority shall be limited to making the grievant(s) whole by granting, consistent with applicable §7(o) standards of the FLSA, the cash value of any time due in dispute based on the then applicable overtime rate or awarding additional compensatory time off and shall have no authority to award any attorneys fees or any penalties against the parties. 11. Hold Harmless. In consideration of the Employer's agreement to allow employees to establish time due compensatory time banks and to schedule time due in accordance with the terms and conditions of this section, the Union agrees to the following: To defend, indemnify, save and hold harmless the Village, its officers, agents and employees, from any and all damages arising from any complaint or allegation that these restrictions on the use of Time Due do not comply with Section 7(o)(5) of the Fair Labor Standards Act regarding the use of compensatory time. 12. No requests for Time Due will be accepted after the Fire Chief has authorized the hire back of personnel to provide additional staffing for weather related emergencies, except as otherwise authorized by the Fire Chief for bona fide 27 personal emergencies. Section 16.7. Personal Leave. Each eligible employee is entitled to forty- eight (48) hours of Personal - Leave annually. Employees may. , cash out up to twenty-.. four (24) hours of Personal Leave annually or may carry over Personal Leave hours from one calendar year to the next up to a maximum accrual of 120 hours banked at any one time. Once Personal Leave hours have been carried over, they can no longer be cashed out. Personal Leave usage shall be requested, considered and charged in the same manner as the existing Time Due process as outlined in Sections 16.6 (2) - (5), 16.6 (6) (b) and (c), 16.6 (7) and 16.6 (12). 28 ARTICLE XVII WORKING OUT OF CLASSIFICATION Section 17.1. Pay for Work Out of Classification. Employees ordered to work in a higher classification immediately shall receive the rate of pay of a higher position for the time said employee works in the higher classification. Section 17.2. Selection of Employees to Work Out of Classification. The selection of employees to work out of classification shall be the responsibility of the shift commanders, which will adhere to the following guidelines. A. Selection shall be first made from those employees working on the shift where the opening exists who are on the current eligibility list for the higher classification in order of ranking on said eligibility list. B. If the assignment is not filled from an employee from that shift, who is on the current eligibility list, employees from other shifts shall be offered the assignment in rank order from the current eligibility list for the higher classification at the shift commander's discretion. C. If no employee from any shift is available from the current eligibility list, a selection shall be made by offering the assignment to an appropriately qualified employee on the shift where the opening exists at the shift commander's discretion. D. In the position of Captain is to be filled, the employee selected to work out of classification will be considered working as a Lieutenant, paid as such. 29 ARTICLE XVIII INJURY LEAVE Section 18.1. Benefits. The Village shall compensate an employee for any difference in pay the employee receives from Workers' Compensation benefits under applicable state law and the employee's annual salary for the first 12 consecutive months for each occurrence for which the employee receives Workers' Compensation benefits. During the first 12 consecutive months, the employee will continue to accrue sick leave and vacation benefits under this Agreement. No empioyee who is on an unpaid leave of absence (except a.11 employee on approved Union business leave) or who is receiving a disability pension shall be eligible to accrue any vacation or sick leave benefits under this Agreement. In regards to an employee being allowed outside employment during the period of time which an employee is injured on duty and receiving compensation from the Village, it is understood that the employee will only perform that secondary job function if he is able to be assigned light duty in the department. The Village retains the right to order at its expense physical or medical examinations of the injured employee to determine the degree of disability. Section 18.2. Light Duty for a Job Related Injury. The Fire Chief may, at his discretion, assign available light duty work with a physician's approval to an employee if the employee is qualified to perform such light duty work and if the employee is unable to perform full duty responsibilities because of illness, injury or temporary disability (not a disability pension). An employee who is unable to perform full duty responsibilities because of illness, injury or temporary disability (as opposed to disability pension) has the right to request that he be assigned available light duty work that he is qualified to perform provided he has a physician's approval and provided that there is a reasonable expectation the employee will be able to assume full duties and responsibilities within six (6) months. The Village will not deny an employee's request for available light duty work, except for reasonable justification, and provided that it is clearly understood that nothing in this Section shall be construed to require the Village to create light duty assignments for an employee. Employees will only be assigned light duty assignments when the Village reasonably determines that the need exists and only so long as such need exists. Light duty work assignments shall be as specified in Appendix B of this Agreement. Any disagreement between the Village' s doctor and an employee's doctor as to an employee's medical ability to perform light duty assignments shall be resolved by the employee requesting an opinion from a doctor practicing within the Advocate Medical Group Network of the Chicagoland area. The employee opting for the third opinion shall select and provide the name of the hospital within the Advocate Medical group to the Village and the Village will select an 30 eligible doctor who practices within that chosen hospital as the third doctor and schedule the appointment for the employee. The cost of a third doctor's opinion will be shared equally between the affected employee and the Village. The Village will schedule an appointment with said physician as soon as possible upon the employee's request. The employee will follow the Village' s doctor's opinion until such time as the request for the third doctor's opinion is made. Once the request has been made for the third doctor's opinion, the employee will follow their doctor's opinion until such time as the third doctor's opinion has been rendered. Once that opinion has been made, both parties will abide by the third doctor's opinion. The parties will establish a panel of mutually agreed upon third party neutral physicians, comprised of both specialists and general practice doctors. The parties agree to make every good faith attempt to agree upon panel physicians who formally agree to promptly conduct the third doctor evaluation. For the purposes of this Section, the parties contemplate that "promptly" shall mean within thirty (30) days. If the third doctor agrees with the employee's doctor, the employee's status will remain the same. If, however, the third doctor agrees with the Village's doctor, the employee will immediately be placed on light duty assignment (if available) and all light duty shifts missed during the period between the employee's request for a third doctor's opinion and the rendering of that opinion will be charged any available non-sick benefit time. Should the employee not complete the third doctor examination after making the request and/or terminate the process without an opinion being rendered, all light duty shifts missed over that period will be charged any available non-sick benefit time. Nothing in this Section shall affect the statutory rights of employees pursuant to the Pension laws or the statutory rights of the Pension Board in dealing with an employee on a disability pension. For the first 6 months immediately following the date the employee is qualified with a physician's approval to perform light duty work, the hours of work for an employee with a light duty assignment shall be eight (8) consecutive hours (including a one hour paid lunch period) between 8:00 a.m. and 5:00 p.m., on those week days (Monday-Friday) an employee would otherwise work his regular 24 hour duty day except for Saturdays, Sundays and holidays (unless the Village's physician specifies a shorter period). The Fire Chief will reschedule an employee's light duty assignments that would have occurred on Saturday to the preceding Friday, Sunday to the following Monday and holidays to a week day (Monday through Friday) that are not holidays (as defined in Article XX!, Section 21.5). When an employee is performing light duty assignments under this Section, the employee shall continue to receive his regular compensation and benefits. While on this light duty schedule, the employee will be permitted to use sick leave for doctor visits/physical therapy sessions up to four (4) hours per light duty day provided that doctor or physical therapy appointments cannot be scheduled during an off duty time. Any benefit time used for these appointments shall be charged at a 3: 1 ratio (An employee using 3 hours ofleave will be charged 9 hours). In event that an employee's light duty assignment should extend beyond 6 months from the date the employee is qualified with a physician's approval to perform light duty work, the hours of work for an employee with a light duty assignment shall be eight (8) consecutive hours 31 (including a one hour paid lunch period) between 8:00 a.m. and 5:00 p.m., on all week days (Monday-Friday) except holidays (unless the Village's physician specifies a shorter period). When an employee is performing light duty assignments under this Section, the employee shall continue to receive his regular compensation and benefits. Any benefit time used shall be hour for hour (e.g., off four (4) hours on vacation will be charged four (4) hours vacation leave). While on this light duty schedule, the employee will be permitted to use sick leave for doctor visits/physical therapy sessions up to four (4) hours per light duty day, but no more than twelve (12) hours maximum per week. In case the Village terminates a light duty assignment of an employee, or the employee can no longer continue in a light duty assignment for medical reasons, then an employee who would otherwise be eligible for workers' compensation under Article XVIII, shall revert to workers' compensation status and be paid for the remainder of any twelve month period set forth in Article XVIII, it being understood that a light duty assignment tolls the running of the one year period for an eligible employee under Article XVIII. Section 18.3. Light Duty for a Non Job Related Injury or Illness. Light duty work assignments shall be as specified in Appendix B of this Agreement. Any disagreement between the Village's doctor and an employee's doctor as to an employee's medical ability to perform light duty assignments shall be resolved by the employee requesting an opinion from a doctor practicing within the Advocate Medical Group Network of the Chicagoland area. The employee opting for the third opinion shall select and provide the name of the hospital within the Advocate Medical group to the Village and the Village will select an eligible doctor who practices within that chosen hospital as the third doctor and schedule the appointment for the employee. The cost of a third doctor's opinion will be shared equally between the affected employee and the Village. The Village will schedule an appointment with said physician as soon as possible upon the employee' s request. The employee will follow the Village' s doctor' s opinion until such time as the request for the third doctor's opinion is made. Once the request has been made for the third doctor's opinion, the employee will follow their doctor's opinion until such time as the third doctor' s opinion has been rendered. Once that opinion has been made, both parties will abide by the third doctor's opinion. The parties will establish a panel of mutually agreed upon third party neutral physicians, comprised of both specialists and general practice doctors. The parties agree to make every good faith attempt to agree upon panel physicians who formally agree to promptly conduct the third doctor evaluation. For the purposes of this Section, the parties contemplate that "promptly" shall mean within thirty (30) days. If the third doctor agrees with the employee's doctor, the employee's status will remain the same. If, however, the third doctor agrees with the Village's doctor, the employee will immediately be placed on light duty assignment (if available) and all light duty shifts missed during the period between the employee' s request for a third doctor' s opinion and the rendering of that opinion will be charged any available non-sick benefit time. Should the employee not complete the third doctor examination after making the request and/or terminate the process without an opinion being rendered, all light duty shifts missed over that period will be charged any available non-sick benefit time. 32 Nothing in this Section shall affect the statutory rights of employees pursuant to the Pension laws or the statutory rights of the Pension Board in dealing with an employee on a disability pension. The hours of work for an employee with a light duty assignment for a non job related injury or illness shall be eight (8) consecutive hours (including a one hour paid lunch period) between 8:00 a.m. and 5:00 p.m., on all week days (Monday-Friday) except holidays (unless the Village's physician specifies a shorter period). When an employee is performing light duty assignments under this Section, the employee shall continue to receive his regular compensation and benefits. Any benefit time used shall be hour for hour (e.g., off four (4) hours on vacation will be charged four (4) hours vacation leave). In case the Village terminates a light duty assignment of an employee, or the employee can no longer continue in a light duty assignment for medical reasons, then an employee who would otherwise be eligible for sick leave benefits shall revert to the use of available sick leave accruals. For purposes of the Section 18.3, bargaining unit members may utilize sick time in lieu of light duty assignments, consistent with Section 19.2 (a) ofthis Agreement. 33 ARTICLE XIX SICK LEAVE Section 19.1. Earnings. Sick leave benefits for employees shall be six (6) duty days per calendar year. Said sick leave shall accumulate from year to year of continuous employment with the Village. Employees who have exhausted all sick leave benefits shall use any accrued vacation time and/or any accrued compensation days during the remaining period of the absence. Under special circumstances, advance sick leave may be granted, subject to advance approval by the Village Manager. Section 19.2. Usage. Sick ieave may be used m the foiiowing circumstances: A. For illness, non-duty related disability, pregnancy delivery, off duty injury of an employee, quarantine of an employee, or for serious illness, disability or injury in the immediate family requiring the employee to remain at home and only when no one else is available; B. In the case of a duty-related disability, an employee may use sick leave only to the extent described below: ( 1) While working a 24 hour light duty assignment pursuant to Section 18.2, up to four (4) hours of sick leave per day provided that the doctor or physical therapy appointment cannot be scheduled during an off duty time. (2) While working a 40 hour/week light duty assignment pursuant to Section 18.2, up to four (4) hours of sick leave per day, but no more than twelve (12) hours maximum per week, for doctor/therapy appointments. Section 19.3. Reporting an Absence. If an employee fails to call in sick before the beginning of his shift, he shall not be paid for such shift unless such failure is justified by good cause acceptable to the Fire Chief. Employees are encouraged to call the shift commander on the dedicated sick time call in phone and if possible, are encouraged to do so at least two (2) hours before his or her shift commences. An employee who is absent three (3) consecutive duty days (partial or full) will provide a completed Duty Status Report no later than the start of the next scheduled duty day. If the employee is not released back to work on the initial Duty Status Report, the employee will provide an updated Duty Status Report upon return to work indicating that the employee is released to return to full duty. The Village further shall have the right to take corrective steps to deal with abuse of sick leave. Such corrective steps may require medical consultations, doctor's slips or informal or formal disciplinary action, including dismissal. Section 19.4. Incentives. During the term of this Agreement, employees will be eligible to participate on the same basis as other Village employees in any 34 sick leave incentive program that may be in effect for Village employees generally, and as the same may be changed from time to time by the Village. Section 19.5. Unpaid Leave. If an employee suffers an off-the-job injury or illness and is unable to return to work following exhaustion of all of his accrued sick leave benefits, compensatory days, and vacation days, that employee may, upon request, be granted a temporary unpaid leave of absence subject to the approval of the Village Manager. If approved by the Village Manager, such leave of absence shall begin following the use of all accrued benefits as described above. If the employee is permitted a temporary leave of absence, the Village Manager shall set the time period based on the circumstances in each specific case. No sick leave, vacation, seniority or other benefits will accrue to the employee during the temporary leave of absence. Section 19.6. Medical Examinations. If there is any question concerning an employee's fitness to return to duty following a layoff or leave of absence, the Village may require, at its expense, that the employee be examined by a qualified physician and/or another appropriate medical professional selected by the Village. The foregoing requirement shall be in addition to any requirement that an employee provide at his own expense a statement from his own doctor upon returning from sick leave or disability leave. If the Village determines that an employee is not fit for duty after receiving the results of any of the above examinations/tests, the Village may direct appropriate remedial action and/or place the employee on sick leave (or unpaid leave if the employee does not have any unused sick leave days). Section 19. 7. Family and Medical Leave Act. The Village shall apply the Village of Hoffman Estates Family and Medical Leave Act Policy in the form that was adopted by the Village Board on September 17, 2010 (the "FMLA Policy"). It is agreed that FMLA leave shall run concurrently with other paid leave that is granted by this Agreement as provided in the FMLA Policy. Subject to the terms of this agreement, it is agreed; A. The Employee may substitute an Exchange of Duty Day Shift (EOD) in lieu of eligible paid leave granted by this agreement and FMLA leave shall run concurrently with EOD and paid leave. Employee is expected to notify Fire Administration when utilizing an EOD in lieu of paid leave when on FML. B. The Village may move previously scheduled vacation days to an FMLA Leave and run them concurrent with FMLA Leave as set forth in the "Schedule for Use of Paid Leave during FMLA Leave" contained in section X.A.1. of the FMLA Policy. However, the employee shall have the option to preserve up to two previously scheduled vacation days that cannot be moved by the Village to cover FMLA Leave without the employee's consent, by so advising the Fire Chie£ 35 C. Notwithstanding the "Schedule for Use of Paid Leave during FMLA Leave" contained in section XAl of the FMLA Policy, if an employee who is on FMLA leave had previously scheduled a vacation day during the time that is now covered by FMLA Leave, vacation time shall be charged on that day. However, if the FMLA Leave also qualifies for use of Sick Leave pursuant to this Agreement, the employee may substitute an available Sick Leave day for the vacation day that was previously scheduled during the FMLA Leave with the following limitations: 1. All FLSA cycles must be broken. 2. An employee may oniy substitute a Sick Leave day for a vacation day if the vacation day can be moved to an open slot during the same calendar year. The employee may not carry over a vacation day if there are no open slots during the calendar year unless the FMLA leave is the result of an on-the-job injury. 36 ARTICLE XX LABOR MANAGEMENT MEETINGS; GRIEVANCE - ARBITRATION Labor Management Meetings. At the request of either party, the President of the Union or his bargaining unit designee and the Fire Chief and/or the Village Manager or their designee shall meet at least quarterly to discuss matters of mutual concern that do not involve negotiations or pending grievances. The President of the Union or his bargaining unit designee may invite other union bargaining unit members (not to exceed three) to attend such meetings. The Fire Chief and/or the Village Manager may invite other Village representatives (not to exceed three) to attend such meetings. The party requesting the meeting shall submit a written agenda of the items it wishes to discuss at least four (4) calendar days prior to the date of the meeting. This Section shall not be applicable to any matter that is being processed pursuant to the grievance procedure set forth in this Agreement. The Labor Management Committee is intended to improve communications and shall be advisory only. Labor Management Meetings shall be held at a time and place mutually agreed by the Village and the Union. Grievance - Arbitration Section 20.1. Grievance Definition. A "grievance" is defined as a dispute or difference of opinion raised by an employee and/or the Union covered by the terms of this Agreement alleging a violation, misinterpretation, or misapplication of the terms of this Agreement. Section 20.2. Procedure. A grievance filed against the Village shall be processed in the following manner: Step 1: A grievance must be submitted in writing to the grievant' s non-bargaining unit Shift Commander specifically indicating that the matter is a grievance under this Agreement. The grievance shall set forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement which are alleged to have been violated, misinterpreted or misapplied, the relief requested and be signed by the employee interested. All grievances must be presented no later than seven (7) calendar days from the date of the occurrence of the event first giving rise to the grievance or within twenty-one (21) calendar days after the employee or the Union should have become aware of the occurrence of the event first giving rise to the grievance. The employee's non-bargaining unit Shift Commander shall respond to the employee within ten (10) calendar days. Step 2: If the grievance is not settled at Step 1, the grievant shall, within seven (7) calendar days from the response of the non-bargaining unit shift commander, appeal in writing to the Deputy Chief of the Department. Said appeal shall be in writing. The Deputy, Chief of the Department shall discuss the grievance within seven (7) calendar days of his receipt of the grievance with the grievant who may have a Union Representative present. The Deputy Chief shall respond to said written grievance in writing to the 37 employee with a copy of said response to the local Union President within seven (7) calendar days following the meeting. If the grievance is not settled at Step 2 and the grievant wishes to appeal to Step 3, it shall be presented by the grievant to the Fire Chief or his designee in writing within seven (7) calendar days after the response of the Deputy Chief of the Department. The Fire Chief or his designee shall offer to discuss the grievance with the grievant, who may have a Union Representative present, within ten (10) calendar days of receipt of the grievance. The Fire Chief or his designee shall respond in writing within six (6) calendar days after the meeting. If the grievance is not settied at Step 3 and the grievant wishes to appeai to Step 4, it shall be presented by the grievant to the Village Manager in writing within seven (7) calendar days after the response of the Fire Chief. The Village Manager or his designee shall offer to hold a meeting within ten (10) calendar days of receipt of the grievance -with the grievant, who may have a Union Representative present. The Village Manager or his designee shall respond in writing within six (6) calendar days of the meeting, or the end of the ten (10) day period, whichever is later. Step 5: Arbitration. If the grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, by written notice to the Village within ten (10) calendar days after the reply of the Village Manager or his designee at Step 4: A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after the receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said ten (10) day period, either party or both parties may request the Federal Mediation and Conciliation Service or American Arbitration Association to submit a panel of five (5) arbitrators. Each party retains the right to rejecl one pand in ils enlirely and request that a new panel be submitted. Either party may request that the panel be composed entirely of members of the National Academy of Arbitrators. Both the Village and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name and the other party shall then strike one name. The process shall be repeated and the person remaining shall be the arbitrator. B. The arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and Village representatives. The hearing shall begin within thirty (30) days of the date the arbitrator is notified of his/her selection. 38 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. The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. E. More than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing. F. The fees and expenses of the arbitrator and the cost of a written transcript, if required by the arbitrator, shall be divided equally between the Village and the Union, provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 20.3. Limitations on Authority of 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 only consider and make a decision with respect to the issue or issues presented, the specific issue or issues of contract violation, interpretation or application submitted to arbitration and shall have no authority to make a decision on any other issues not so submitted. The arbitrator shall be empowered to dete
