Waukegan Firefighters Agreement 2022-2026 PDF
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Southern Illinois University Carbondale
2022
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Summary
This document is an agreement between the City of Waukegan, Illinois, and International Association of Firefighters Local #473. It details terms for employment from May 1, 2022, to April 30, 2026, including compensation, work schedules, and benefit provisions. This agreement covers aspects such as recognition, committees, hours of work, and grievance procedures for firefighters.
Full Transcript
AGREEMENT BETWEEN THE CITY OF WAUKEGAN, ILLINOIS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #473 05/01/2022 thru 04/30/2026 {00739183.DOCX v. 1 } TABLE OF CONTENTS TABLE OF...
AGREEMENT BETWEEN THE CITY OF WAUKEGAN, ILLINOIS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #473 05/01/2022 thru 04/30/2026 {00739183.DOCX v. 1 } TABLE OF CONTENTS TABLE OF CONTENTS............................................................................................................... i ARTICLE I.................................................................................................................................. 2 RECOGNITION.......................................................................................................................... 2 SECTION 1.1 RECOGNITION................................................................................................... 2 SECTION 1.2 PROBATIONARY PERIOD................................................................................. 2 SECTION 1.3 FAIR REPRESENTATION................................................................................... 2 SECTION 1.4 NEW EMPLOYEE BRIEFING.............................................................................. 2 SECTION 1.5 UNION DUES DEDUCTION................................................................................ 3 SECTION 1.6 INDEMNIFICATION............................................................................................. 3 SECTION 1.7 NOTICE OF OFFICER........................................................................................ 3 SECTION 1.8 GENDER............................................................................................................. 4 SECTION 1.9 RETREAT RIGHTS............................................................................................. 4 ARTICLE II................................................................................................................................. 5 COMMITTEES........................................................................................................................... 5 SECTION 2.1 LABOR-MANAGEMENT COMMITTEE ESTABLISHED...................................... 5 SECTION 2.2 LABOR-MANAGEMENT COMMITTEE MEETINGS............................................ 5 SECTION 2.3 HEALTH & SAFETY COMMITTEE...................................................................... 6 SECTION 2.4 POST EMPLOYMENT HEALTH COMMITTEE.................................................... 6 ARTICLE III................................................................................................................................ 8 HOURS OF WORK AND OVERTIME........................................................................................ 8 SECTION 3.1 FIRE SUPPRESSION EMPLOYEES’ NORMAL WORK SCHEDULE.................. 8 SECTION 3.2 KELLY DAYS...................................................................................................... 8 SECTION 3.3 REQUEST FOR KELLY DAYS............................................................................ 8 SECTION 3.4 OVERTIME: TWENTY-FOUR (24) HOUR SHIFT EMPLOYEES......................... 8 SECTION 3.5 HOURLY RATE OF PAY: 24-HOUR SHIFT EMPLOYEES................................. 9 SECTION 3.6 NON-FIRE SUPPRESSION EMPLOYEES NORMAL WORK SCHEDULE......... 9 SECTION 3.7 HIREBACK.......................................................................................................... 9 SECTION 3.8 EARLY CALL IN.................................................................................................12 SECTION 3.9 EMERGENCY HOLD OVERS............................................................................12 SECTION 3.10 NO PYRAMIDING............................................................................................12 SECTION 3.11 LIMITATIONS...................................................................................................12 {00739183.DOCX v. 1 } i SECTION 3.12 APARATUS/EQUIPMENT MANNING..............................................................13 SECTION 3.13 ON CALL PAY..................................................................................................13 SECTION 3.14 NON-EMERGENCY CALL-BACK PAY.............................................................14 ARTICLE IV..............................................................................................................................15 MANAGEMENT RIGHTS..........................................................................................................15 SECTION 4.1 MANAGEMENT RIGHTS...................................................................................15 SECTION 4.2 RULES AND REGULATIONS............................................................................15 SECTION 4.3 DISCIPLINARY INVESTIGATION......................................................................16 ARTICLE V...............................................................................................................................17 GRIEVANCE PROCEDURE.....................................................................................................17 SECTION 5.1 DEFINITION AND PROCEDURE.......................................................................17 SECTION 5.2 SUSPENSIONS, DEMOTIONS, TERMINATIONS..............................................20 SECTION 5.3 PROBATIONARY EMPLOYEES........................................................................20 SECTION 5.4 TIME LIMIT FOR FILING....................................................................................21 SECTION 5.5 TIME OFF..........................................................................................................21 ARTICLE VI..............................................................................................................................22 MINIMUM CALL-BACK PAY.....................................................................................................22 ARTICLE VIII............................................................................................................................23 WAGES....................................................................................................................................23 SECTION 8.1 WAGE SCHEDULE............................................................................................23 SECTION 8.2 PENSION PICK-UP............................................................................................23 SECTION 8.3 BASE PAY.........................................................................................................23 SECTION 8.4 STEP ADJUSTMENTS.......................................................................................23 SECTION 8.5 LONGEVITY.......................................................................................................24 SECTION 8.6 7(G) PAY............................................................................................................25 ARTICLE IX..............................................................................................................................26 NO STRIKE / NO LOCKOUT....................................................................................................26 SECTION 9.1 NO STRIKE........................................................................................................26 SECTION 9.2 PENALTY...........................................................................................................26 SECTION 9.3 NO LOCKOUT....................................................................................................26 SECTION 9.4 UNION OFFICIAL RESPONSIBILITY.................................................................26 ARTICLE X...............................................................................................................................27 VACATIONS.............................................................................................................................27 SECTION 10.1 FORTY-HOUR SHIFT EMPLOYEES................................................................27 SECTION 10.2 TWENTY-FOUR-HOUR SHIFT EMPLOYEES.................................................27 {00739183.DOCX v. 1 } ii SECTION 10.3 VACATION ASSIGNMENT...............................................................................28 SECTION 10.4 ACCUMULATION.............................................................................................28 SECTION 10.5 VACATION PICKS...........................................................................................29 ARTICLE XI..............................................................................................................................30 HOLIDAY & PERSONAL DAYS................................................................................................30 SECTION 11.1 DESIGNATION OF HOLIDAYS........................................................................30 SECTION 11.2 ELIGIBILITY REQUIREMENTS........................................................................30 SECTION 11.3 FLOATING HOLIDAYS (PERSONAL DAYS)...................................................31 SECTION 11.4 USE OF FLOATING HOLIDAYS......................................................................31 SECTION 11.5 HOLIDAY DURING VACATION – FORTY-HOUR SHIFT EMPLOYEES..........32 SECTION 11.6 PAY FOR HOLIDAY WORK.............................................................................32 ARTICLE XII.............................................................................................................................33 WORKING OUT OF CLASSIFICATION....................................................................................33 SECTION 12.1 PAY FOR WORK OUT OF CLASSIFICATION.................................................33 ARTICLE XIII............................................................................................................................34 SICK LEAVE.............................................................................................................................34 SECTION 13.1 SICK LEAVE ACCRUAL...................................................................................34 SECTION 13.2 USAGE.............................................................................................................34 SECTION 13.3 DOCTOR’S REPORT.......................................................................................35 SECTION 13.4 ABUSE OF SICK LEAVE..................................................................................36 SECTION 13.5 ACCUMULATION.............................................................................................37 ARTICLE XIV............................................................................................................................39 COMPASSIONATE LEAVE......................................................................................................39 SECTION 14.1 ACCESS TO COMPASSIONATE LEAVE........................................................39 SECTION 14.2 GRANDPARENTS AND GRANDCHILDREN...................................................39 ARTICLE XV.............................................................................................................................40 TRAINING.................................................................................................................................40 SECTION 15.1 GENERAL POLICY..........................................................................................40 SECTION 15.2 ACCESS..........................................................................................................40 SECTION 15.3 CITY PAYMENT FOR TRAINING COURSES..................................................41 SECTION 15.4 APPRENTICESHIP PROGRAM.......................................................................43 ARTICLE XVI............................................................................................................................44 LEAVES OF ABSENCE............................................................................................................44 SECTION 16.1 GENERAL LEAVE OF ABSENCE....................................................................44 SECTION 16.2 LEAVE FOR ILLNESS, INJURY OR PREGNANCY.........................................44 {00739183.DOCX v. 1 } iii SECTION 16.3 INJURY ON THE JOB (IOD) OR OCCUPATIONAL DISEASE LEAVE.............46 SECTION 16.4 NON-DUTY RELATED INJURY OR ILLNESS..................................................49 ARTICLE XVII...........................................................................................................................50 INSURANCE.............................................................................................................................50 SECTION 17.1 COMPREHENSIVE MAJOR MEDICAL PLAN..................................................50 SECTION 17.2 PREFERRED PROVIDER ORGANIZATION (PPO).........................................50 SECTION 17.3 PREMIUM ALLOCATION.................................................................................51 SECTION 17.4 COST CONTAINMENT....................................................................................51 SECTION 17.5 SECOND OPINION..........................................................................................52 SECTION 17.6 TERMS OF INSURANCE POLICIES TO GOVERN..........................................52 SECTION 17.7 LIFE INSURANCE............................................................................................52 SECTION 17.8 POLICY CHANGE............................................................................................52 SECTION 17.9 SPECIAL TEAMS INSURANCE.......................................................................52 SECTION 17.10 BUYOUT........................................................................................................53 ARTICLE XVIII..........................................................................................................................54 PHYSICAL FITNESS................................................................................................................54 SECTION 18.1 MEDICAL EXAMINATIONS..............................................................................54 SECTION 18.2 WELLNESS PROGRAM...................................................................................54 SECTION 18.3 SPIROMETRY TESTS.....................................................................................54 SECTION 18.4 HEPATITIS B VIRUS INOCULATIONS............................................................54 SECTION 18.5 COMMUNICABLE DISEASES..........................................................................55 ARTICLE XIX............................................................................................................................56 UNIFORM ALLOWANCE..........................................................................................................56 SECTION 19.1 GENERAL ISSUE.............................................................................................56 SECTION 19.2 AMOUNT OF ALLOWANCE.............................................................................56 SECTION 19.3 TURN OUT GEAR............................................................................................56 SECTION 19.4 CARE OF EQUIPMENT...................................................................................57 ARTICLE XX.............................................................................................................................58 TRANSFERS, DUTY TRADES AND JOB DUTIES...................................................................58 SECTION 20.1 JOB OPENINGS...............................................................................................58 SECTION 20.2 TRANSFER OF SHIFTS...................................................................................59 SECTION 20.3 REGULAR DUTY TRADES..............................................................................59 SECTION 20.4 JOB DUTIES....................................................................................................60 SECTION 20.5 PERFORMANCE EVALUATION......................................................................61 SECTION 20.6 STATION ASSIGNMENTS...............................................................................61 {00739183.DOCX v. 1 } iv SECTION 20.7 FIREFIGHTER/PARAMEDIC STAFFING.........................................................64 SECTION 20.8 LIEUTENANT / CAPTAIN PARAMEDIC STAFFING........................................65 ARTICLE XXI............................................................................................................................69 DRUG TESTING.......................................................................................................................69 SECTION 21.1 POLICY............................................................................................................69 SECTION 21.2 PROHIBITIONS................................................................................................69 SECTION 21.3 EMPLOYEE TESTING.....................................................................................70 SECTION 21.4 SPECIMEN COLLECTION...............................................................................72 SECTION 21.5 TESTING PROCEDURES................................................................................72 SECTION 21.6 ALCOHOL........................................................................................................75 SECTION 21.7 RANDOM TESTING.........................................................................................75 SECTION 21.8 EMPLOYEE DISCIPLINE AND FOLLOW-UP TREATMENT............................76 SECTION 21.9 PAYMENT FOR TESTING...............................................................................77 SECTION 21.10 CHEMICAL DEPENDENCY PROGRAM........................................................77 SECTION 21.11 RIGHT OF APPEAL.......................................................................................78 SECTION 21.12 DUTY ASSIGNMENT AFTER TREATMENT..................................................78 SECTION 21.13 CONFLICT WITH OTHER LAWS...................................................................78 ARTICLE XXII...........................................................................................................................78 OUTSIDE EMPLOYMENT........................................................................................................78 SECTION 22.1 OUTSIDE EMPLOYMENT................................................................................78 SECTION 22.2 LEAVE FOR UNION PRESIDENT....................................................................80 ARTICLE XXIII..........................................................................................................................82 PERSONNEL FILES.................................................................................................................82 SECTION 23.1 INSPECTIONS.................................................................................................82 SECTION 23.2 REJOINDER.....................................................................................................83 ARTICLE XXIV..........................................................................................................................84 SOLICITATION.........................................................................................................................84 SECTION 24.1 SOLICITATION................................................................................................84 ARTICLE XXV...........................................................................................................................85 RESIDENCY.............................................................................................................................85 SECTION 25.1 RESIDENCY....................................................................................................85 ARTICLE XXVI..........................................................................................................................86 PROMOTIONS.........................................................................................................................86 SECTION 26.1 GENERAL................................................................................................................... 86 {00739183.DOCX v. 1 } v SECTION 26.2 VACANCIES............................................................................................................... 86 SECTION 26.3 ELIGIBILITY................................................................................................................ 87 SECTION 26.4 WEIGHT OF FACTORS............................................................................................ 88 SECTION 26.5 FACTORS.................................................................................................................... 89 SECTION 26.6 ORDER OF SELECTION.......................................................................................... 96 SECTION 26.8 WAIVER....................................................................................................................... 97 SECTION 26.9 RIGHT TO REVIEW................................................................................................... 98 SECTION 26.10 NON-WAIVER.......................................................................................................... 99 ARTICLE XXVII.......................................................................................................................100 SENIORITY............................................................................................................................100 SECTION 27.1 SENIORITY DEFINED...................................................................................100 SECTION 27.2 SUSPENSION OF SENIORITY......................................................................100 SECTION 27.3 TERMINATION OF SENIORITY.....................................................................101 SECTION 27.4 SENIORITY LIST............................................................................................101 SECTION 27.5 APPLICATION OF SENIORITY......................................................................102 SECTION 27.6 LAYOFF & RECALL.......................................................................................102 ARTICLE XXVIII......................................................................................................................104 REOPENER............................................................................................................................104 ARTICLE XXIX........................................................................................................................105 SAVING CLAUSE...................................................................................................................105 ARTICLE XXX.........................................................................................................................106 ENTIRE AGREEMENT...........................................................................................................106 ARTICLE XXXI........................................................................................................................107 TERMINATION.......................................................................................................................107 SECTION 31.1 TERMINATION IN 2026.................................................................................107 SIGNATURE PAGE................................................................................................................108 APPENDIX C..........................................................................................................................111 APPENDIX D..........................................................................................................................121 {00739183.DOCX v. 1 } vi PREAMBLE This Agreement is entered into by and between the City of Waukegan, hereinafter referred to as Employer, and Local #473, International Association of Fire Fighters, hereinafter referred to as the Union. It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences which may arise; and to establish proper standards of wages, hours and other conditions of employment. {00739183.DOCX v. 1 } 1 ARTICLE I RECOGNITION SECTION 1.1 RECOGNITION. The City recognizes the Union as the sole and exclusive collective bargaining representative for, and this Agreement shall apply only to, all full-time employees of the Waukegan Fire Department with the rank of Firefighter, Firefighter/Paramedic (hereinafter referred to as firefighters), Fire Lieutenant and Fire Captain, excluding the appointed positions of Bureau Chief or Battalion Chief as supervisory employees under the Act. SECTION 1.2 PROBATIONARY PERIOD. The probationary period shall be twelve (12) months in duration. Time absent from duty or not served for any reason, in excess of 30 calendar days in the aggregate, shall not apply toward satisfaction of the probationary period. The probationary period shall be extended by the City for a firefighter who is required as a condition of employment to be a certified Paramedic; during the period of such extension the sole reason that the firefighter may be discharged without a hearing is for failing to meet the requirements for Paramedic certification. SECTION 1.3 FAIR REPRESENTATION. The Union recognizes its responsibility as bargaining agent and agrees fairly to represent all employees in the bargaining unit, whether or not they are members or supporters of the Union. The parties further acknowledge that in exercising such duty, Section 6 (d) of the IPLRA provides that the Union retains the “…right to exercise its discretion to refuse to process grievance of employees that are unmeritorious.” SECTION 1.4 NEW EMPLOYEE BRIEFING. Three (3) Union representatives at the Union’s discretion shall be given the opportunity to present their own program to explain to each employee what the Union has to offer members for {00739183.DOCX v. 1 } 2 thirty (30) minutes at a reasonable time in the schedule, as determined by the Fire Chief. SECTION 1.5 UNION DUES DEDUCTION. While this Agreement is in effect, the City will deduct each pay period the applicable union dues for each employee in the bargaining unit for whom there is on file with the City a voluntary, effective dues check-off authorization. Such authorization maybe revoked by the employee at any time upon written notice to the Union and the City. The amounts so deducted shall be forwarded to the appropriate officer of the Union together with a list of names and amounts for whom deductions have been made within five (5) business days of payroll processing. If the Employee has no earnings due for that pay period, the Union shall be responsible for collecting said dues. The Union agrees to refund to the City any amount paid to the Union in error on account of this dues deduction provision. The Union may change the fixed, uniform dollar amount which shall be considered the regular monthly union dues once each year during the life of this Agreement. The Union will give the City thirty (30) days’ notice of any such change, and the new amount of uniform union dues to be deducted. SECTION 1.6 INDEMNIFICATION. The Union agrees to defend, indemnify and save the City harmless against any and all claims, demands, suits or other forms of liabilities that shall arise out of or by reason of action taken or not taken by the City for the purpose of complying with any of the provisions of this Article. SECTION 1.7 NOTICE OF OFFICER. The Union shall provide the City with a list indicating the names and titles of all officers and stewards of the Union on or before November 15th of each year. In addition, the Union shall promptly advise the City of any changes in the officers or stewards of the Union by providing an updated list to the City. {00739183.DOCX v. 1 } 3 SECTION 1.8 GENDER. Where the male gender is used in this agreement, it shall be construed to include male and female employees. SECTION 1.9 RETREAT RIGHTS. Subject to IPLRA Section 14, the City agrees to negotiate with the Union on a case by case basis, the impact on bargaining unit members of an employee’s being returned to a bargaining unit position. {00739183.DOCX v. 1 } 4 ARTICLE II COMMITTEES SECTION 2.1 LABOR-MANAGEMENT COMMITTEE ESTABLISHED. There shall be established a Labor-Management Committee consisting of representatives of the Union, not to exceed four (4) in number, and of the City, not to exceed four (4) in number. SECTION 2.2 LABOR-MANAGEMENT COMMITTEE MEETINGS. Members of the Labor-Management Committee shall meet quarterly, at the request of either party on a date agreeable to both for up to one and one-half (1 ½) hours, to discuss matters of mutual concern relating to the interpretation, application or administration of this Agreement, existing work rules or issues of safety and health. More frequent or longer meetings may be held upon mutual agreement of the parties. The Committee shall have the authority to make non-binding recommendations to the Union and the City where such recommendations are supported by a majority of the Committee members present. Each party shall prepare and submit an agenda to the other party one (1) week prior to the scheduled meeting. Union representatives assigned to the Committee shall be allowed the necessary time off without loss of pay to attend meetings when held during the employee’s scheduled working hours. Before the beginning of each fiscal year the Union and the City shall inform the other in writing of the identity of the persons who will be serving on the Labor-Management Committee for that year. Such persons shall remain on the committee for the year unless change is made for good cause. These names shall be submitted prior to May 1, by both the City and the Union. These names shall be kept on file with the Chief and the Union. Union shall list any substitutions in the agenda sent prior to the Labor-Management meeting. {00739183.DOCX v. 1 } 5 SECTION 2.3 HEALTH & SAFETY COMMITTEE. The City and Union shall establish a Health and Safety Committee for the purpose of enhancing the safety and wellness of the Department’s employees. The committee shall consist of the Fire Chief (or his designee), the Human Resources Director (or his designee), and three (3) members of the Union. The safety and wellness committee will review the department’s safety and wellness strategies on a least an annual basis. With respect to wellness, the committee will consider ideas to help employees assess their own health and fitness and to identify opportunities for improvement. The committee will also recommend methods to encourage employees to follow through with health improvement opportunities. With respect to safety, the committee will evaluate strategies to assure that personal protective equipment (turnout gear), safety equipment, safety procedures and safety training are up to date and meet industry standards. SECTION 2.4 POST EMPLOYMENT HEALTH COMMITTEE. A. The City and the Union agree to participate in post-employment health insurance committee established to review ways and means of controlling or reducing post-employment health insurance costs. The Committee will consist of four (4) members, two (2) appointed by the Mayor and two (2) appointed by the Union President. B. The City agrees to cooperate with the Union’s implementation of a Voluntary Employee Benefits Association (VEBA) plan for post- employment health care benefits. This plan shall be in effect by May 1, 2019 in order for any payments to be made into the plan by and on behalf of the plan participants. The plan shall be administered solely by the Trustees of the plan and shall be cost neutral to the City. The City {00739183.DOCX v. 1 } 6 shall have no responsibility, liability, or obligation of any kind with regard to the VEBA plan other than to make payments as set forth in this Agreement. Payments shall be made in accordance with IRS Sec. 501c9. C. The parties further agree to review health insurance alternatives in advance of plan renewal, in order to determine whether those offered by the Associated Fire Fighters of Illinois (AFFI) are viable alternatives to be offered to Employees, and to determine if those options result in net monetary savings to the City and the plan participants in regards to insurance premiums, co-pays, et cetera. {00739183.DOCX v. 1 } 7 ARTICLE III HOURS OF WORK AND OVERTIME SECTION 3.1 FIRE SUPPRESSION EMPLOYEES’ NORMAL WORK SCHEDULE. Firefighters, Fire Lieutenants, and Captains in the Fire Suppression force shall normally work a schedule consisting of twenty-four (24) hour shifts. The normal twenty-four (24) hour schedule will be implemented, absent unusual circumstances such as but not limited to conflagration, riot, natural or economic disasters, by the use of a three-platoon system with each firefighter working one (1) twenty-four (24) hour shift followed by forty-eight (48) hours off. Shifts shall commence at 0800 hours. This schedule shall remain in effect throughout the life of this Agreement. SECTION 3.2 KELLY DAYS. The year shall be divided into twenty-seven (27) day work periods. A Kelly Day (one twenty-four shift off) will be assigned in each work period, which provides an average of 13.5 Kelly Days per year. A Kelly Day shall not be counted as a working shift day for any purpose. SECTION 3.3 REQUEST FOR KELLY DAYS. Requests for Kelly Days may be made to the Shift Commander no sooner than sixty (60) calendar days prior to the beginning of the next twenty-seven (27) day work cycle. Request made on the first day allowed will be granted by Seniority. After the first day these requests shall be considered on a first-come, first-served basis if operational requirements permit. Such requests shall not unreasonably be denied by the Fire Chief or his designee. SECTION 3.4 OVERTIME: TWENTY-FOUR (24) HOUR SHIFT EMPLOYEES. Twenty-four (24) hour shift employees shall receive overtime pay at the rate of one and one-half times (1 1/2) their hourly rate of pay for all {00739183.DOCX v. 1 } 8 work performed beyond their normal work schedule. Overtime shall be rounded to the nearest quarter hour and paid in fifteen-minute increments. SECTION 3.5 HOURLY RATE OF PAY: 24-HOUR SHIFT EMPLOYEES. The hourly rate of pay for overtime purposes, among others, equals the employee’s annual salary divided by 2,592 hours, which computes to an average work week of 49.8 hours. SECTION 3.6 NON-FIRE SUPPRESSION EMPLOYEES NORMAL WORK SCHEDULE. The work week shall consist of five (5) scheduled eight (8) hour work periods not including the lunch period scheduled Monday through Friday, or four (4) ten-hour work periods not including the lunch period scheduled Monday through Sunday as determined by the Fire Chief, based on one or more bona fide operational considerations. No ten-hour shift employee shall be required to work more than two (2) scheduled weekend days (Saturdays or Sundays) in a calendar month except in the emergency call back rotation. Any hours in excess of forty (40) hours per week will be paid at the rate of one and one-half (1 ½) times the hourly rate of pay. The hourly rate of pay for non-fire suppression employees equals the annual salary divided by two thousand eighty (2,080) hours. Employees assigned to forty (40) hour shift operations will be compensated at the rate of time and one and one-half (1 ½) the employee’s hourly rate of pay for all hours worked on a designated holiday, in addition to receipt of holiday pay. SECTION 3.7 HIREBACK. Effective upon execution of this 2018-2022 Agreement, the need for non-emergency overtime hire-back shall be triggered when the number of fire suppression employees on a shift falls to twenty-six (26) or less. The City may in its discretion establish the hire-back triggering number above the contractual number. If either party desires to change the number at which the hire-back process is to be triggered, such change must {00739183.DOCX v. 1 } 9 be negotiated. In such event, the parties shall negotiate for a period of 30 days (or longer if mutually agreed) but if no agreement is reached, either party may invoke interest arbitration in accordance with § 14 of the Act, except that mediation shall be waived, and the single arbitrator shall be selected from the first panel received. Such hire-back shall be distributed by means of a seniority (date of hire seniority) roster which shall be maintained on each shift, and such assignments shall initially be offered to persons on the off-going shift on the basis of their position classification (i.e., a firefighter or firefighter/paramedic shall be hired back where there is a need for a firefighter, a lieutenant shall be hired back where there is a need for a lieutenant, and a Captain shall be hired back when there is a need for a Captain). Such overtime opportunities initially shall be offered in sequential order from the seniority roster of the off-going shift and reasonably equalized among employees within the shift. A. If the hire back list for the applicable rank is exhausted without sufficient volunteers, the City may seek volunteers from the other 24-hour shifts, time permitting, before forcing back the necessary number of employees in that rank based upon a reverse rolling seniority order from the off-going shift. The City shall maintain a record of members forced back and no member shall be forced back until all available members have been forced back an equal number of times. A member that is forced to work an extra shift may attempt to find a qualified member to work a portion of the shift. This shall be limited to one personnel switch per force back occurrence. If a qualified member is found, the forced member shall be relieved and for the purpose of equalization, the forced member will be deemed to have worked the full force back shift. All members holding the rank of Firefighter/Paramedic with greater than 25 years of time on the Department will be exempt from being forced back. {00739183.DOCX v. 1 } 10 B. An employee who either works or declines to work the overtime opportunity shall, for purposes of equalization, be deemed to have worked the hire-back opportunity. C. Employees on injury or illness leave, 7G assignment, or other approved leave/assignment shall not be contacted for hire-back opportunities. D. Employees with scheduled vacation, Kelly, or trade time the following shift may be contacted for voluntary hire-back, and if the employee declines, such shall not be considered a hire-back opportunity for purposes of equalization. No employee on vacation, Kelly, or trade time may be required to work hire-back. An individual is considered to be on vacation on the first off duty day immediately after his last shift day. E. Other Employees who are not contacted shall be considered to have been offered a hire-back opportunity if they were called by the Department but could not be reached. F. The City shall keep two records (one for hire-backs of 12 hours or less, and one for hire-backs greater than 12 hours) of the date and name of all persons offered hire-back and whether the employee was reached, accepted, or declined. This information shall be made available to all Union members in a real-time and easily accessible format. All employees on hire-back shall be deemed in overtime status. G. If the hire-back opportunity happens mid-shift (after 0800) it shall be viewed as urgent, and the City may send out a mass notification and hire back the member that can report for duty in a timely manner regardless of seniority. This shall only count as an overtime opportunity for the member that accepts the overtime. {00739183.DOCX v. 1 } 11 H. The appropriate officer overtime shall be determined by the position of the officer who triggered the need for officer overtime. SECTION 3.8 EARLY CALL IN. Employees may be called in early to their shifts whenever an emergency occurs that requires relief for on-duty personnel and is within two (2) hours of their regularly scheduled reporting time. They will be paid overtime from the time they report for duty for those hours worked in excess of their normal duty hours. This will be considered a voluntary call- in and individuals will not be disciplined for failure to report. SECTION 3.9 EMERGENCY HOLD OVERS. Employees may be held over by the Shift Commander after the completion of their normal duty shift and prior to going home. They will be paid overtime for those hours they work in excess of their normal duty hours. Holdovers, will be considered mandatory and employees will be required to stay until properly relieved by the on-duty shift commander. SECTION 3.10 NO PYRAMIDING. Compensation shall not be paid more than once for the same hours under any provisions of this Agreement. SECTION 3.11 LIMITATIONS. Nothing in this Agreement shall limit the City’s right to reduce force, eliminate positions or otherwise provide fire protection services it deems necessary to carry out the mission of the Fire Department in the event there is insufficient funding or some other unanticipated problem and firefighters may have to be laid off, provided the City agrees to meet with the Union prior to implementing any such changes. In the event the City makes the decision to layoff one or more bargaining unit employees, it shall notify the Union of any such decision prior to implementation. Upon written request from the Union, the City shall meet and {00739183.DOCX v. 1 } 12 negotiate as to any proposed layoff for a period of twenty (20) days or longer if mutually agreed. If no agreement is reached, either party may invoke interest arbitration in accordance with § 14 of the Act, except that mediation shall be waived. The single arbitrator shall be selected under the procedures of the Act except the parties shall select the arbitrator from the first panel received. The hearing shall thereafter be conducted and concluded within ten (10) days of the arbitrator’s appointment and a decision rendered (without the filing of briefs) within seven (7) days thereafter. SECTION 3.12 APARATUS/EQUIPMENT MANNING. The following shall constitute the minimum manning for all apparatus and equipment: A. Engines and Trucks/Quints shall be staffed by a minimum of 3 union employees as follows: (1 officer & 2 firefighters). B. Ambulances shall be staffed by a minimum of 2 union members as follows: (2 firefighter/paramedics). C. All fire suppression equipment shall be staffed with an officer, or qualified actor (pursuant to section 12.1 of this agreement). SECTION 3.13 ON CALL PAY. Fire Prevention employees covered by this Agreement who are scheduled to be “on call” outside of their regularly scheduled work hours shall receive one (1) hour of their straight-time pay for each day they are scheduled to be “on call”. Assignment of “on call” personnel shall be in fair increments with the City reserving the right to make changes to scheduling and personnel as reasonably needed based on bona fide operational reasons provided said changes do not place an unreasonable {00739183.DOCX v. 1 } 13 burden upon the employee. Assignment of “on call” duty shall be at the sole discretion of the Fire Chief or his/her designee. SECTION 3.14 NON-EMERGENCY CALL-BACK PAY. An employee called back to work for non-emergency duties such as special meetings, training, etc., shall receive a minimum of two (2) hours pay at overtime rates, as provided in Section 3.4 above unless the time extends to his/her regular work shift or unless the individual is called back to rectify his/her own error. The City shall reasonably attempt to schedule such activities during the employee’s normal work schedule when practical and shall not call back employees for arbitrary or capricious reasons or for purposes of harassment or discrimination. {00739183.DOCX v. 1 } 14 ARTICLE IV MANAGEMENT RIGHTS SECTION 4.1 MANAGEMENT RIGHTS. Except as specifically limited by the express provisions of this Agreement or specific Civil Service rules and regulations, the City retains all traditional rights to manage and direct the affairs of the Fire Department in any and all of its various aspects, and to manage and direct its employees in the department, including, but not limited to, the following: to plan, direct, control and determine all the operations and services of the Department; to supervise and direct the Department’s work force; to establish the qualifications for employment and to employ employees; to schedule and assign work and to change work schedules; to establish work and productivity standards and, from time to time, to change those standards; to assign overtime; to determine the methods, means, organization and number of personnel by which such departmental operations and services shall be conducted or purchased; to subcontract duties, functions or responsibilities; to make, enforce and alter reasonable work rules and regulations; to discipline employees or suspend or discharge employees for just cause (probationary employees may be disciplined, suspended or discharged without cause); and to change or eliminate existing methods, equipment or facilities; provided, however, that the exercise of the above rights shall not conflict with any express written provisions of this Agreement. SECTION 4.2 RULES AND REGULATIONS. Employees shall be required to comply with the rules, regulations, and procedures of the City and the Department, as such as may from time to time be modified, which are not inconsistent with or in conflict with the terms of this Agreement. Rules, regulations and procedures shall be fairly and equitably enforced. Absent emergency, the City shall provide the Union President a copy of any proposed {00739183.DOCX v. 1 } 15 change or modification to rules and regulations of the Fire Department no less than three days prior to the effective date of the change or modification. SECTION 4.3 DISCIPLINARY INVESTIGATION. Management will follow the procedural requirements of the Firemen’s Disciplinary Act, 50 ILCS 745/1-7, when questioning a firefighter in an interrogation, as defined under the Firemen’s Disciplinary Act, 50 ILCS 745/2, in a disciplinary matter that management reasonably believes might result in a suspension. Until such time as a court ruling is issued to the contrary, for employees assigned to the 24 hours on - 48 hours off work schedule, management will administer this Section 4.3 as though the procedural requirements of the Firemen’s Disciplinary Act apply where management reasonably believes that a disciplinary matter might result in a suspension without pay of more than one (1) duty shift. {00739183.DOCX v. 1 } 16 ARTICLE V GRIEVANCE PROCEDURE SECTION 5.1 DEFINITION AND PROCEDURE. A grievance is a dispute or difference of opinion raised by an employee covered by this Agreement against the City, or by the Union against the City involving the meaning, interpretation or application of the express provisions of this Agreement, or written rules, regulations or procedures. For the purposes of a grievance, an immediate supervisor shall be the individual designated by the City as the Shift Commander or his designee. A grievance shall be filed on a form mutually agreed to by the Union and the City and processed in the following matter: STEP ONE: The Union having a grievance shall submit it, specifically designated as a “grievance,” to the employee’s Shift Commander or his designee, who will be designated for this purpose by the City, within ten (10) calendar days of the event giving rise to the grievance. The Shift Commander or his designee shall give the Union an oral answer within ten (10) calendar days after such presentation. STEP TWO: If the grievance is not settled in Step One and the Union wishes to advance the grievance to Step Two of the grievance procedure, it shall be referred in writing to the Fire Chief or his designee within five (5) calendar days after the Shift Commander’s or his designee’s oral answer due in Step One and shall be signed by the Union. The written grievance shall contain a complete statement of the facts of the alleged violation and the provision or provisions of the Agreement which the City is alleged to have violated and the relief requested. The Fire Chief or his designee shall discuss the grievance within five (5) calendar days of receipt of the written grievance with the Union. If no settlement is reached, the Fire Chief or his designee shall provide the Union with a written answer within five (5) calendar days following the meeting. {00739183.DOCX v. 1 } 17 STEP THREE: If the grievance is not settled in Step Two and the Union wishes to appeal the grievance to Step Three of the grievance procedure, it shall be referred in writing to the Human Resource Director or his designee, with a copy to the Mayor, within five (5) calendar days after the City’s answer is served upon the Union in Step Two, and shall be signed by the Union. The Human Resource Director and/or his designee shall discuss the grievance within five (5) calendar days with a Union representative at a time mutually agreeable to the parties. If no settlement is reached, the Human Resource Director or his designee shall give the City’s written decision to the Union within five (5) calendar days following their meeting. STEP FOUR: A. BINDING ARBITRATION. 1. If the grievance is not settled in Step Three and the Union wishes to appeal the grievance to Step Four of the grievance procedure, the Union may refer the grievance to binding arbitration as described below within fourteen (14) calendar days after the decision is provided at the Third Step. 2. The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon an arbitrator within a seven (7) day period, the parties shall immediately jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Members of the panel shall be limited to arbitrators who are members of the National Academy of Arbitrators (NAA) who reside in the States of Illinois, Indiana or {00739183.DOCX v. 1 } 18 Wisconsin. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike three (3) names from the panel. The order of striking the first name shall be determined by a coin flip, with the winner of the coin flip to have the option to strike first or second; the parties shall then strike alternately. The person remaining shall be the arbitrator. 3. 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 City representatives. 4. The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 5. The arbitrator shall submit his/her award in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. 6. More than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing. 7. The fees and expenses of the arbitrator and court reporter shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. B. LIMITATIONS ON AUTHORITY OF ARBITRATOR {00739183.DOCX v. 1 } 19 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 the issue(s) presented as to whether there has been a violation, misinterpretation, or misapplication of the express provisions of this Agreement and the appropriate remedy, if any. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The arbitrator shall have no authority to determine any issue not so submitted or raised. The arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations or administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The decision and award of the arbitrator shall be final and binding on both parties to this Agreement. SECTION 5.2 SUSPENSIONS, DEMOTIONS, TERMINATIONS. Any disciplinary matter subject to the jurisdiction of the Waukegan Civil Service Commission may not be taken through the grievance procedure if either (a) the matter is being pursued by the employee before or has already been decided by the Waukegan Civil Service Commission; or (b) a written binding “waiver” of the right to independently pursue the matter before the Waukegan Civil Service Commission or the courts has not been signed by the grievant and the Union and delivered to the City. SECTION 5.3 PROBATIONARY EMPLOYEES. During the probationary period, a firefighter is entitled to all rights, privileges, and benefits under this Agreement except that the City may suspend or discharge a probationary firefighter without showing cause and such firefighter shall have no recourse to the grievance procedure to contest such suspension or discharge. {00739183.DOCX v. 1 } 20 However, probationary employees shall retain all rights and privileges under applicable Civil Service procedures. SECTION 5.4 TIME LIMIT FOR FILING. No grievance shall be entertained or processed unless it is submitted at Step One within ten (10) calendar days after the occurrence of the event giving rise to the grievance or within ten (10) calendar days after the employee, or the Union if a Union grievance, through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the grievance. If a grievance is not presented by the employee or the Union within the time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within a specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City’s last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee and/or the Union may elect to treat the grievance as denied at the step and may elect to timely appeal the grievance to the next step. SECTION 5.5 TIME OFF. The grievant and one Union representative, or one Union representative if a Union grievance, shall be given paid time off to participate in the Step Two or Three meetings if the meetings are conducted on working time. No other time spent on grievance matters shall be considered as time worked for compensation purposes. {00739183.DOCX v. 1 } 21 ARTICLE VI MINIMUM CALL-BACK PAY An employee called back to work for mandatory emergency off-shift recall by an Officer or his designee after having gone home shall receive a minimum of four (4) hours’ pay at one and one half (1 ½) times the hourly rate, or pay for the actual time worked, whichever is greater. Each hour spent in excess of four (4) hours on call-back work shall be paid for at one and one half (1 ½) times the hourly rate. Where time and circumstances permit, the City will attempt to distribute call-back recall opportunities equally on an annual basis among employees. The City shall maintain a log indicating which employees the City attempted to call for call-back work each time such call-back work is required. The Union shall be entitled to examine this log at reasonable times upon request. The City shall attempt to equalize call-back among employees on the same shift. Employees called back to work may be released prior to the completion of four (4) hours work at the discretion of the commander if there is not productive work related to the emergency to be performed. ARTICLE VII RESERVED {00739183.DOCX v. 1 } 22 ARTICLE VIII WAGES SECTION 8.1 WAGE SCHEDULE. The minimum annual wage schedule for employees covered by this Agreement shall be changed from its current level to the amounts stated in Appendices A and B. SECTION 8.2 PENSION PICK-UP. The City agrees to institute this section as per 40 ILCS-5/4: 118.2 of the Illinois State Pension Code. In so doing, both parties agree that this procedure represents an accounting operation whereby employee paid pension contributions are treated as a form of deferred compensation, thereby deferring employee income tax obligations until such time pension payments are received. SECTION 8.3 BASE PAY. Base pay shall be established equivalent of journeyman pay (Step Four) in the firefighter wage schedule. The annual base salaries for employees covered under this Agreement shall be as follows: May 1, 2022 to April 30, 2023 $90,247 May 1, 2023 to April 30, 2024 $92,955 May 1, 2024 to April 30, 2025 $95,976 May 1, 2025 to April 30, 2026 $99,095 Wage increases shall be retroactive to May 1, 2022, on all hours paid for all employees employed on the date of ratification. SECTION 8.4 STEP ADJUSTMENTS. All employees shall receive step adjustments in the form of a wage differential (or premium), which shall be added to the base wage as outlined in Section 8.3 of this Agreement and {00739183.DOCX v. 1 } 23 included in their regular rate of pay as outlined in Section 8.1 of this Agreement. Step adjustments for firefighters and firefighter/paramedics shall be as follows: Firefighters Firefighter/Paramedics Start (Probationary) -26% -21% 1 to 2 Years (Apprentice) -15% -10% 2 to 3 Years (Apprentice II) -7% -2% 3 to 6 Years (Journeyman) 0% 5% 6 to 9 Years 3% 8% 9 to 12 Years 6% 11% 12 to 15 Years 9% 14% After 15 Years 12% 17% Step adjustments for Lieutenants (based upon on their rank seniority) shall be as follows: Start 25% After 1 Year 29% After 2 Years 32% Step adjustments for Captains (based upon their rank seniority) shall be as follows: Start 39% After 1 Year 41% SECTION 8.5 LONGEVITY. Employees covered by this Agreement who have completed 15 years or more of service shall receive longevity pay. The applicable annual salary shall be increased by a 1% longevity amount for the specific step as described in Appendices A and B and included in their regular rate of pay. This longevity pay is not cumulative. {00739183.DOCX v. 1 } 24 SECTION 8.6 7(g) PAY. The parties agree that when employees perform secondary work on behalf of the City that is not part of the employee’s normal job responsibilities, the City shall compensate such secondary work assignments at a different rate of pay pursuant to Section 7(g) of the Fair Labor Standards Act. The parties agree that the straight-time rate of pay for such secondary work assignments shall be two-thirds (2/3) the Step 4 Firefighter rate of pay. The parties further agree that the overtime rate of pay for all such secondary work assignments shall be one-and-one-half times the rate of pay for the secondary work assignment, meaning that the overtime rate of pay shall be equivalent to the Step 4 Firefighter rate of pay (i.e. 2/3 of the Step 4 Firefighter Rate * 1.5 = 1.0 of the Step 4 Firefighter Rate). Finally, the parties agree that 7(g) work will only be performed on hours outside the employee’s primary duty assignment as a firefighter, lieutenant, or captain, and therefore, all secondary work assignments shall be paid at the overtime rate of pay for such secondary work. {00739183.DOCX v. 1 } 25 ARTICLE IX NO STRIKE / NO LOCKOUT SECTION 9.1 NO STRIKE. During the life of this Agreement, neither the Union or any of its officers, agents, employees or representatives, nor any employees covered by this Agreement, will instigate, promote, sponsor, engage in or sanction any strike (including sympathy strike), slowdown, concerted stoppage of work or any other intentional disruption of the operations of the City, regardless of the reason for so doing. SECTION 9.2 PENALTY. Any employee engaged in activity prohibited by Section 9.1, or who instigates or gives comfort or leadership to such activity, shall be subject to disciplinary action up to and including summary discharge regardless of the disciplinary action taken against any other employee. SECTION 9.3 NO LOCKOUT. During the life of this Agreement, the City will not instigate a lockout over a dispute with the Union as long as there has been no breach of Section 9.1, above, which is sanctioned or supported by the Union or any of its officers, agents or representatives. SECTION 9.4 UNION OFFICIAL RESPONSIBILITY. Each employee who holds the position of officer or representative of the Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 9.1 of this Article, the Union agrees to inform its members of their obligations under this Agreement and use its best efforts to achieve a prompt resumption of normal operations. {00739183.DOCX v. 1 } 26 ARTICLE X VACATIONS SECTION 10.1 FORTY-HOUR SHIFT EMPLOYEES. Firefighters, Lieutenants and Captains assigned to forty-hour (40) shift operations shall be entitled to vacation as of their anniversary date of employment as follows: Forty-Hour Shift Employees After 52 Weeks 80 Hours After 7 years, 1 Day 120 Hours After 11 years, 1 Day 136 Hours After 15 years, 1 Day 160 Hours A twenty-four (24) hour shift employee transferred to a forty-hour (40) shift operation shall be entitled to receive, as scheduled, the number of vacation hours earned in the year prior to the transfer on the basis that for each unused twenty-four-hour vacation/holiday the employee shall be entitled to twelve (12) hours of vacation time. If the employee is transferred after September 30 the employee shall also be entitled to receive the twenty-four-hour shift vacation in the following year; if the transfer is prior to October 1, the employee shall receive the forty-hour (40) shift vacation in the following year. SECTION 10.2 TWENTY-FOUR-HOUR SHIFT EMPLOYEES. Firefighters, Lieutenants and Captains who normally work a twenty-four-hour shift operation shall receive vacations and holidays as of their anniversary dates of employment as follows: {00739183.DOCX v. 1 } 27 24 Hour Shift Employees After 52 Weeks 8 Workdays (24 Hours) After 7 years, 1 Day 10 Workdays (24 Hours) After 14 years, 1 Day 12 Workdays (24 Hours) After 20 years, 1 Day 14 Workdays (24 Hours) SECTION 10.3 VACATION ASSIGNMENT. Employees covered by this Agreement shall select the initial period(s) of their annual vacation on the basis of department seniority and such selection shall be made within three (3) weeks after the vacation list is initially posted. Once vacation periods are established, seniority shall not be used to bump into another employee’s vacation period. Vacations shall be in any increment with or without a Kelly Day. The City reserves the right to deny scheduled vacations or terminate existing vacations where the need to provide protection to the public so requires. Any employee(s) so affected shall have the right to pick his initial vacation for the next year first regardless of his seniority status. Individuals may request to move a maximum of two (2) vacation days each fiscal year. Requests to move a vacation day shall be made to the Shift Commander no later than seven (7) calendar days prior to the beginning of the applicable twenty-seven (27) day work cycle. These requests shall be considered on a first-come, first-served basis if operational requirements permit. Such requests shall conform with the allocation restrictions called for in Section 10.5 of this Agreement and shall not unreasonably be denied by the Fire Chief or his designee. SECTION 10.4 ACCUMULATION. Vacations shall be taken during the year allowed and shall not accumulate, except upon written permission of the Department Head where the employee has repeatedly sought to take his {00739183.DOCX v. 1 } 28 vacation during traditional periods but has been denied the opportunity by the City. SECTION 10.5 VACATION PICKS. A Vacation list shall be posted no later than January 15 of each Fiscal Year. The City shall reasonably determine the number of employees who may take vacation leave on any one day provided that said number enables all employees to utilize their entire allotted vacation time for the year consistent with the provisions of this Agreement. Any restrictions placed upon vacation time utilization not otherwise called for in this Agreement must be for bona fide operational reasons. Individuals shall pick vacations on a departmental seniority basis and in any increment that they desire until their vacation allotment is so depleted. Individuals shall not be allowed to take more than one-half (1/2) their entire vacation allotment in prime vacation months (June, July, August, December 20-31) unless they have been employed in the continuous services of the Fire Department for more than 20 years. The Vacation list shall be made available to all Union members in a real-time and easily accessible format throughout its duration. {00739183.DOCX v. 1 } 29 ARTICLE XI HOLIDAY & PERSONAL DAYS SECTION 11.1 DESIGNATION OF HOLIDAYS. The following days shall be observed as holidays without loss of pay for employees who are assigned to work a forty (40) hour work week: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Beginning June 19, 2023: Juneteenth, but only if June 19 falls on a Monday through Friday Independence Day Labor Day General Election Day Thanksgiving Day Day after Thanksgiving Christmas Day If the day on which one of the foregoing holidays (other than Juneteenth) is observed falls on a Sunday, the following Monday shall be observed as the holiday. If the holiday falls on Saturday, the preceding Friday shall be observed as the holiday. SECTION 11.2 ELIGIBILITY REQUIREMENTS. In order for a forty (40) hour employee to be eligible for holiday pay, the employee must work his full regularly scheduled working day immediately preceding and immediately following the holiday unless on approved leave or other excused absence pursuant to the Agreement. {00739183.DOCX v. 1 } 30 SECTION 11.3 FLOATING HOLIDAYS (Personal Days). Forty (40) hour shift Firefighters, Lieutenants and Captains shall be granted three (3) Floating Holidays (or Personal Days). Twenty-four (24) hour suppression shift employees shall be granted one (1) Floating Holiday (or Personal Day) in the increment of twenty-four (24) hours. SECTION 11.4 USE OF FLOATING HOLIDAYS. For forty (40) hour shift employees Floating Holidays may be taken at the option of the employee with approval of his/her supervisor. These Floating Holidays generally should not be taken on the day before or after a Holiday falling on a Monday or Friday. All such requests must be made no later than forty-eight (48) hours prior to the Holiday. Although approval for the use of a Floating Holiday may be denied, such denial shall not be unreasonably withheld. For twenty-four (24) hour shift employees, selection of Floating Holidays (or Personal Days) shall occur subsequent to the annual vacation selection process. Requests for Floating Holidays shall be made to the Shift Commander no later than two (2) shift days prior to the requested date. These requests shall be considered on a first-come, first-serve basis if operational requirements permit. The Fire Chief or his designee shall not unreasonably deny such requests. Twenty-four (24) hour suppression shift employees who choose not to utilize their allocated Floating Holiday (or Personal Day) shall be paid out at one half (1/2) of the unused Floating Holiday credit (i.e. 12 hours of pay) and shall be deposited into the employee’s personal VEBA account as described in Section 2.4. Payouts shall occur in April. {00739183.DOCX v. 1 } 31 SECTION 11.5 HOLIDAY DURING VACATION – Forty-Hour Shift Employees. When a Holiday falls within an eligible employee’s approved vacation, he shall receive the appropriate holiday pay or the next regularly scheduled day back may be taken as a comp day. SECTION 11.6 PAY FOR HOLIDAY WORK. Twenty-four (24) hour shift Firefighters, Firefighter/Paramedics, Lieutenants, or Captains who are scheduled to work the duty shift starting on Memorial Day, Juneteenth (beginning June 19, 2023), when it falls on a Monday through Friday, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or New Year’s Day shall be paid at the rate of one and one-half (1 1/2) their regular straight-time rate of pay for all such hours worked. Twenty-four (24) hour shift Firefighters, Firefighter/Paramedics, Lieutenants, or Captains who are not scheduled to work but called in to work on Memorial Day, Juneteenth (beginning June 19, 2023), when it falls on a Monday through Friday, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or New Year’s Day shall be paid at the rate of two (2) times their regular straight-time rate of pay for all such hours worked. {00739183.DOCX v. 1 } 32 ARTICLE XII WORKING OUT OF CLASSIFICATION SECTION 12.1 PAY FOR WORK OUT OF CLASSIFICATION. Employees covered by this Agreement, except Captains acting as shift commanders, assigned by their supervisor to carry out the full responsibilities associated with a higher classification, including employee relations responsibilities associated with that position, shall receive the pay differential between said employee’s current salary and that of the higher classification (defined as the base salary of the subject position) for each hour in which the employee carries out the assigned work in a higher classification. Only firefighters who have qualified for placement on the current Lieutenant promotional list shall be allowed to serve in an “acting up” capacity for the position of Lieutenant. There shall be a limit of no more than two (2) firefighters “acting up” on any given shift. At no time shall actors fill more than one third (1/3) the bargaining unit officer spots on any given shift. The purpose of “acting up” is to temporarily fill a lieutenant position made vacant due to injury, illness, or other emergency situation. For purposes of this Section, an “emergency situation” shall also mean to include officer shortages caused by either 1) use of officer floating holidays and/or 2) use of officer vacation days. “Actors” shall not be utilized to replace or delay the filling of an officer position through the promotional process. Nor shall “actors” be utilized in a manner which creates or construes to create a permanent need for an “acting” position. Provided that the use of an acting officer does not cause a “jump station” or overtime in the Firefighter and/or Firefighter/Paramedic position. Acting officers may also be used to cover for officers attending department related training. {00739183.DOCX v. 1 } 33 Qualified “actors” who are on a “time trade” shall not be scheduled to act up on said time trade. Said individuals may be used in the event that an “actor” is needed to fill an officer position vacated due to sickness or injury provided the vacancy occurred subsequent to the scheduling of the daily deployment. The appropriate officer overtime shall be determined by the position of the officer who triggered the need for officer overtime. If a Lieutenant list expires, then no acting officers shall be used until such time as a new final Lieutenant list is in place. All open Officer positions shall then be filled by Overtime from the applicable Officer rank. ARTICLE XIII SICK LEAVE SECTION 13.1 SICK LEAVE ACCRUAL. Each employee assigned to a twenty-four (24) hour shift shall accumulate paid sick leave at the rate of twelve (12) hours for each month of service to a maximum of nine hundred (900) hours. Each employee assigned to an eight (8) hour shift shall accumulate paid sick leave at the rate of eight (8) hours for each month of service to a maximum of nine hundred (900) hours. Any sick leave accumulated but unused in any year up to the maximum amounts stated above may be used in succeeding years. No sick leave shall be accumulated during any lay off, suspension for just cause, or unpaid leave of absence. SECTION 13.2 USAGE. Sick leave may only be used for the following: A. personal illness; {00739183.DOCX v. 1 } 34 B. medical, dental or optical appointments; C. enforced quarantine of employee in accordance with community health regulations; D. sickness in the immediate family “immediate family” shall mean the employee’s spouse, child, parent, domestic partner, sibling, mother-in- law, father-in-law, grandchild, grandparent, or step parent; or E. non-compensable injuries. Sick leave for family illness shall be limited to no more than ninety-six (96)) hours for 24-hour shift employees and forty-eight (48) hours for 8-hour shift employees. SECTION 13.3 DOCTOR’S REPORT. The City may require a duly authorized practitioner’s report before granting any extended sick leave with pay or before compensating an employee for requested sick leave time. The City may also require a duly authorized practitioner’s report before granting requested sick leave time where abuse of sick time is reasonably suspected including, but not limited to, the situations as described in Section 13.4 of this Article. There shall be no compensation for sick leave in excess of the employee’s earned sick leave aggregate, unless otherwise agreed by the City. Before returning to work, any employee having been absent from his duties for more than two (2) twenty-four (24) hour shift days because of personal illness or injury may be required to file a report by the City physician, or other qualified practitioner, with the Department Head stating that such employee is physically able to resume his duties. If the City requires a report from a physician other than the employee’s personal doctor (who shall not be a chiropractor) the City shall bear the cost of any such expense incurred. When this opinion conflicts with the first, a third opinion shall be obtained from a health care provider jointly selected by the parties from a major health care provider. The panel shall consist of at least five (5) physicians who are board certified in the specialty or {00739183.DOCX v. 1 } 35 area of medical practice related to the condition in dispute. The physician shall be selected by alternately striking names from the panel, with the order of strikes determined by a coin flip. The opinion of the physician selected shall be final and binding unless the parties mutually agree otherwise. The cost of the physician shall be borne by the employee. In addition, any employee having been absent from his duties for more than four (4) twenty-four (24) hour shift days because of personal illness or injury (the parties agree this section does not apply to family FMLA leave) shall be required to pass the physical agility test as outlined in Appendix C administered by the City. SECTION 13.4 ABUSE OF SICK LEAVE. Abuse of sick leave is considered a serious offense. Any employee abusing sick leave may be disciplined up to and including discharge. The parties agree that the following occurrences support a reasonable suspicion of abuse: A. Where an employee demonstrates a pattern of coupling sick time with vacation leave and/or Kelly Days off; B. Where an employee demonstrates a pattern of using sick leave at or in excess of one hundred forty-four (144) hours in a rolling calendar year in separate increments without evidence of a serious illness; or C. Where an employee demonstrates a pattern of failing to honor time trade commitments by calling in sick. D. Where an employee demonstrates a pattern of using sick leave immediately following a forty-eight (48) hour shift (overtime of timetrade). A pattern as it pertains to this provision (item D) shall be deemed to exist when the employee has more than 48 hours in a rolling twelve (12) month period. The penalty for this provision shall not exceed a 30-day suspension of time trading abilities (if it is related to time trades) or overtime opportunities (if it is related to overtime). Any {00739183.DOCX v. 1 } 36 penalty levied shall be continuous and shall not be broken up into multiple enforcement windows. An employee may rebut any presumption or suspicion of abuse by supplying bona fide evidence of illness as described in Section 13.3 For the purpose of this Section, a “pattern” under numbers (A) and (C) above shall be deemed to exist when an employee has more than ninety-six (96) hours in a rolling twelve (12) month period. An “occurrence” is defined as an incident where an employee uses sick leave to recover from any one illness or injury. An employee shall eliminate the need to automatically provide a duly authorized practitioner’s report if the employee does not further abuse sick leave and by demonstrating good attendance by not using sick leave in more than two (2) occurrences in a subsequent rolling twelve (12) month period. SECTION 13.5 ACCUMULATION. An employee who has accumulated the maximum work hours of sick leave credit and who has not used the current year’s sick leave credit, shall, at the end of the fiscal year, be paid at the hourly rate for one-half (1/2) of the unused sick leave credit for that year. (Twenty- four (24) hour shift employees shall be paid at their hourly rate of pay and eight (8) hour shift employees shall be paid at their hourly rate of pay). At the time an employee retires, the employee shall be paid at the hourly rate for one-half (1/2) of every unused sick leave hour accumulated to his credit provided the employee has attained twenty (20) years of continuous, uninterrupted service with the City of Waukegan Fire Department, except that this twenty (20) year requirement shall not apply to an employee who has retired on a pension disability. (All employees to be paid at the hourly rate of pay for twenty-four (24) hour shift employees). {00739183.DOCX v. 1 } 37 Effective with the fiscal year beginning May 1, 2019, and provided the VEBA plan described in Section 2.4 is in force at the time payments are due to be made pursuant to this Section 13.5, all annual and end of career sick leave buy-back payments shall be paid into the VEBA account. {00739183.DOCX v. 1 } 38 ARTICLE XIV COMPASSIONATE LEAVE SECTION 14.1 ACCESS TO COMPASSIONATE LEAVE. The City agrees to provide to employees one (1) twenty-four (24) hour shift off within five (5) calendar days after the date of death without loss of pay or seniority as a result of the death of the father, mother, spouse, children (including step or adopted), guardian, sister or brother (including half, in-law, or step) of the employee or employee’s spouse. If the death occurs while the employee is on duty and the employee requests to be relieved from the remainder of his scheduled shift, he shall be granted the remainder of his scheduled shift off (in addition to the twenty-four (24) hour shift off stated above) as compassionate leave without loss of pay or benefits under any other article of this Agreement. The City may, at its option, grant a second twenty-four (24) hour shift off without loss of pay in special circumstances where the City determines that the absence is necessary and appropriate and where the employee did not take a partial leave from his job at the time of death. Employees who work forty (40) hour weeks will be granted three (3) working days off with pay, within five (5) calendar days after the date of death of those members of his/her family described herein. Employees who are laid off, on their day off, off sick, or on vacation shall not be eligible for the benefits herein. SECTION 14.2 GRANDPARENTS AND GRANDCHILDREN. In the event of the death of the employee and/or employee’s spouse’s grandparents or grandchildren, said employee shall be given one (1) calendar day (defined as one twenty-four (24) hour shift or one working day depending on the employee’s assigned shift) off without loss of pay or seniority for the purpose of attending the funeral. For forty (40) hour shift employees, the City may, at its option, grant a second shift off with pay in special circumstances where the City determines that the absence is necessary and appropriate. {00739183.DOCX v. 1 } 39 ARTICLE XV TRAINING SECTION 15.1 GENERAL POLICY. The City is committed to the principle of training for all employees. Training shall be provided insofar as it is deemed economical to do so by the City and insofar as such training does not adversely affect and interfere with the orderly performance and continuity of municipal services within the Fire Department as determined by the City. Training shall be scheduled by the Fire Chief or his designee. Employees will attend training sessions as assigned by the City. Employees assigned to attend required training sessions on off duty time will be compensated for such time at the rate of time one and one-half (1 ½) of their regular hourly rate of pay. The employee choosing his own time off duty training time will not be compensated unless required by law. The City will make an honest effort to schedule mandatory training on duty time and in a timely fashion. The Chief may require employees attending training sessions to prepare oral or written reports on their training experience. The Chief may temporarily place an employee on a forty-hour (40) workweek (“Days”) for the purpose of attending a training class, provided the employee’s wages and benefits are not negatively impacted. In the event when an employee is placed on Days for training purposes and a Kelly Day is scheduled within the dates of training, the City shall provide the employee an additional twenty-four hours time off adjacent to the training session, unless some other form of comparable compensation is mutually agreed upon with the employee. In the event the employee placed on Days would have been normally scheduled to work on a Wednesday, they shall be given the preceding Sunday and subsequent Saturday off as part of the Days schedule. SECTION 15.2 ACCESS. The City shall generally encourage equal access to training opportunities to the extent that operational requirements of the {00739183.DOCX v. 1 } 40 Department permit. Where time permits, all openings for training programs will be posted at least twenty (20) calendar days in advance of the registration date of any course opening. Applications to attend such course should immediately be transmitted to the Chief so that selections may be made. Applications for courses that the City requires employees to attend will be chosen by the Chief and tuition will be paid by the City. Applications for courses that the City does not require employees to attend will be chosen by the Chief, making one-half (1/2) of the selections using his own criteria, and the remaining one-half (1/2) of the selections will be made using the sole criteria of the seniority of the applicants. Individuals attending non-required courses will be responsible for successfully completing the course and remaining certified (if a certification for the course exists) and employed by the City for a period of four (4) years after the end of the class. Individuals who do not successfully complete a course or who do not remain certified or employed by the City for the full four (4) year period (no matter what the reason except disability retirement) shall be responsible for reimbursing the City for all costs including tuition, meals, travel and lodging if applicable as follows: < 1 Year 100% < 2 Years 75% < 3 Years 50% < 4 Years 25% SECTION 15.3 CITY PAYMENT FOR TRAINING COURSES. The City agrees to pay full tuition for any course pertaining to continuing education programs approved by the Fire Chief and shall furnish transportation when reasonable and practical. The City shall pay one-half (1/2) tuition for approved undergraduate course(s) at an accredited school of continuing education, provided such courses are job-related: fire science, public administration, business administration, health sciences, upon completion of said courses. If {00739183.DOCX v. 1 } 41 an employee incurs cost for training after being approved for course attendance and fails to give the City or the course instructor a ten (10) day cancellation notice, or otherwise fails to attend the course, he/she shall reimburse the City for all costs incurred by the City for such training program except where such failure is for good cause shown and where the City had been notified as soon as possible. If the employee voluntarily leaves the employment of the City or is terminated for cause, the employee upon termination shall reimburse the City for all tuition, fees and related costs associated with training programs attended by the employee within two (2) years of the employee’s leaving the department. Full tuition will be paid for courses that the City requires and employee to attend. Employees are required to provide at least forty-five (45) calendar days’ notice (or as much notice as possible if forty-five (45) days’ notice is not possible because of late posting of the training opportunity – any request with less than 45 days’ notice shall include a copy of the late posting) to their shift commander with their intention to enroll in any job-related course in which tuition reimbursement is sought. As part of such notice, the employee shall be responsible for completing a brief memorandum identifying their intention to enroll along with completion of the following two (2) forms provided by the City: (1) Request for enrollment form; and (2) Tuition refund request form. To assist in offsetting the cost to the employee and to the City, any employee requesting to enroll in a college level course or Fire Officer training course will (if eligible) attempt to secure a scholarship with the Illinois Fire Chiefs Association Education and Research Foundation. All applications for scholarship grants must be properly completed and submitted to the Fire Chief for review and endorsement. The City shall inform all current employees of this requirement upon ratification of this Agreement and educate all new employees during their orientation. The Chief or designee shall take reasonable steps to ensure that all employees are notified of available classes prior to forty-five (45) days. {00739183.DOCX v. 1 } 42 The City shall not be responsible for payment of fees to re-take classes or examinations which an employee failed to pass. Employees shall pay these fees directly, or reimburse the City for them if the City paid for a class or exam which the employee incurred cancellation or rescheduling fees. Applying to all approved undergraduate course(s) at an accredited school of continuing education starting after January 1, 2019, the maximum amount of individual tuition reimbursement is $5,500 per year and there is a $15,200 career maximum. SECTION 15.4 APPRENTICESHIP PROGRAM. In order to promote an orderly process for training recruits and new employees, the City and the Union hereby agree to adopt the Standards of Apprenticeship for Firefighter/Paramedic, dated November 1, 2016. The Union and the City agree that no recruit shall be denied the right to make every effort to pass the required subject areas under this apprenticeship program. Apprentices shall be encouraged to take the required tests as they become available provided said employee satisfactorily completes all state requirements. The apprenticeship program shall be managed and overseen by the Joint Apprenticeship Training Committee (JATC). {00739183.DOCX v. 1 } 43 ARTICLE XVI LEAVES OF ABSENCE SECTION 16.1 GENERAL LEAVE OF ABSENCE. Upon written request to and approval of the Fire Chief and Civil Service Commission, employees covered by this Agreement may, at the City’s discretion, be granted a leave of absence without pay not to exceed a period of one (1) year. The City shall be under no obligation to hold open the employee’s job for the period of the leave or reinstate the employee to his previous job if an opening in that position does not exist. The City shall, however, place the employee at the top of the hiring list and subsequent lists thereof, and he/she shall be reinstated at the next available opening, provided the employee can satisfactorily perform the duties of the position. SECTION 16.2 LEAVE FOR ILLNESS, INJURY OR PREGNANCY. In the event an employee is unable to work by reason of illness or non-job-related injury or pregnancy, the City may grant a leave of absence without pay during which time seniority shall not accrue for so long as the employee is unable to work. A leave of absence for illness, non-job-related injury or pregnancy will under no circumstances be granted until an employee’s entire accrued sick leave is exhausted. To qualify for such leave, the employee must report the illness, injury or inability to work because of pregnancy as soon as the illness, injury or pregnancy is known, and thereafter furnish to the City a physician’s written statement showing the estimated length of time that the employee will be unable to report for work, together with a written application for such leave. Thereafter, during such leave, the employee may be required to furnish a current report from the attending doctor at reasonable intervals not less than every 45 days. {00739183.DOCX v. 1 } 44 Any paid or unpaid leave which qualifies for Family Medical Leave (FMLA), including duty related illness or injury leave, shall be considered FMLA leave even if not requested by the employee. Employees’ FMLA leave shall run concurrently with the use of available paid leave, including worker’s compensation disability leave time. Upon exhaustion of paid leave, if there is any FMLA leave time remaining, the unpaid leave shall commence if medically necessary with FMLA benefits ending per the FMLA. Once FMLA leave is completed, any employee using additional unpaid leave pursuant to this Article shall be responsible for payment of all costs of continuing group medical insurance benefits. Before returning from a leave of absence for injury, illness or pregnancy, or during such leave the employee, at the discretion of the City, may be required to have a physical examination, including the physical agility test outlined in Appendix C administered by the City, by a doctor designated by the City to determine the employee’s capacity to perform assigned work. When this opinion conflicts with that of the employee’s personal physician, a third opinion shall be obtained from a health care provider jointly selected by the parties from a major health care provider. The panel shall consist of at least five (5) physicians who are board certified in the specialty or area of medical practice related to the condition in dispute. The physician shall be selected by alternately striking names from the panel with the order of strikes determined by a coin flip. The opinion of the physician selected shall be final and binding unless the parties mutually agree otherwise. The cost of the physician shall be borne by the employee. The employee will be terminated immediately if he/she accepts new employment elsewhere or becomes self-employed while on a leave of absence covered by Section 16.2 of this Agreement. {00739183.DOCX v. 1 } 45 SECTION 16.3 INJURY ON THE JOB (IOD) OR OCCUPATIONAL DISEASE LEAVE. A. In the event an employee is injured in the performance of his duties or incurs a sickness clearly attributable to and unique to his occupation, such employee shall be entitled to paid leave pay not to exceed three hundred sixty-five (365) consecutive calendar days to the extent required by law, but such benefits shall be no more than required by law; such compensation to be reduced by the amount of worker’s compensation insurance benefits, and any other disability insurance benefits from a policy paid for by the City, received by said employee, as pertaining to city employment and city compensation only, if any. Any time off granted by this section shall be computed on an hourly basis and shall be contingent upon said employee filing for worker’s compensation benefits immediately upon filing for the leave of absence. Employees must report any work-related illness or injury immediately an
