New Lenox Collective Bargaining Agreement (2024-2028) PDF
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Uploaded by TopnotchForsythia
Southern Illinois University Carbondale
2028
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Summary
This is a collective bargaining agreement between the New Lenox Professional Firefighters Local 5097, IAFF and the New Lenox Fire Protection District, outlining terms and conditions of employment for the period of January 1, 2024 to December 31, 2028. The document covers topics such as recognition, seniority, hours of work, and compensation. It appears to be a legal document regulating the employment of firefighters.
Full Transcript
Collective Bargaining Agreement Between New Lenox Professional Firefighters Local 5097, IAFF and New Lenox Fire Protection District January 1, 2024 - December 31, 2028 NEWLENOX F o'.s~~V;Nc...
Collective Bargaining Agreement Between New Lenox Professional Firefighters Local 5097, IAFF and New Lenox Fire Protection District January 1, 2024 - December 31, 2028 NEWLENOX F o'.s~~V;Nc ·~ p I R :,.. 0 ~. ii z "' " R 0 E T J9,i\ DISTRICT Table of Contents PREAMBLE................................................................................................................................ 1 ARTICLE I - RECOGNITION..................................................................................................... 1 Section 1.1 - Recognition...................................................................................................... 1 Section 1.2 - Dues Check-Off................................................................................................ 1 Section 1.3 - Indemnification................................................................................................. 1 Section 1.4 - Fair Representation.......................................................................................... 2 Section 1.5 - Fair Share......................................................................................................... 2 ARTICLE II - SENIORITY.......................................................................................................... 2 Section 2.1 - Definition.......................................................................................................... 2 Section 2.2 - Seniority List..................................................................................................... 2 Section 2.3 - Probation Period............................................................................................... 3 Section 2.4 - Layoff and Recall.............................................................................................. 3 Section 2.5 - Vacancies......................................................................................................... 3 Section 2.6 - Minimum Manning............................................................................................ 3 ARTICLE Ill - HOURS OF WORK.............................................................................................. 4 Section 3. 1 - Hours of Work................................................................................................... 4 Section 3.2 - Shift Trades...................................................................................................... 4 Section 3.3- Procedure for Bidding Station and Shift Assignments....................................... 4 Section 3.4 - Emergency and Involuntary Transfers.............................................................. 5 Section 3.5 - Voluntary Transfers.......................................................................................... 5 ARTICLE IV - COMPENSATION............................................................................................... 6 Section 4. 1 - Wages.............................................................................................................. 6 Section 4.2 - Regular and Overtime Compensation............................................................... 6 Section 4.3 - Voluntary Overtime........................................................................................... 6 Section 4.4 - Mandatory Overtime......................................................................................... 7 Section 4.5 - Overtime Call Out Procedure............................................................................ 8 Section 4.6 - Overtime Reset................................................................................................. 9 Section 4.7 - Hold Over......................................................................................................... 9 Section 4.8 - Call Backs........................................................................................................ 9 Section 4.9 - Specialty Teams............................................................................................... 9 Section 4.10 - Court Time..................................................................................................... 10 Section 4.11 - No Pyramiding.............................................".................................................. 10 Section 4.12 - Need for Temporary Upgrading..................................................................... 10 Section 4.13 - 7G Program Work Assignment...................................................................... 11 Section 4.14 - EMS Coordinator/Training Officer Stipend..................................................... 12 Section 4.15 - Longevity Pay................................................................................................ 12 Section 4.16 - Drivers Pay.................................................................................................... 12 ARTICLE V - LEAVE/TIME OFF............................................................................................. 13 Section 5.1 - Holidays........................................................................................................... 13 Section 5.2 - Personal Time................................................................................................. 13 Section 5.3 - Vacations......................................................................................................... 14 Section 5.4 - Sick and Injury Leave...................................................................................... 16 Section 5.5 - Sick Leave Donation........................................................................................ 17 Section 5.6 - Bereavement Leave........................................................................................ 17 Section 5.7 - Military Leave.................................................................................................. 18 Section 5.8 - Family and Medical Leave/Maternity Leave..................................................... 18 Section 5.9 - Jury Duty......................................................................................................... 18 Section 5.10 - Union Business Leave................................................................................... 18 Section 5.11 - Personal Leave.............................................................................................. 18 ARTICLE VI - DRUG TESTING............................................................................................... 19 Section 6.1 - General Statement of Policy............................................................................ 19 Section 6.2 - Definitions........................................................................................................ 19 Section 6.3 - Prohibitions...................................................................................................... 19 Section 6.4 - Random Drug and Alcohol Testing.................................................................. 20 Section 6.5 - Drug and Alcohol Testing Upon Reasonable Suspicion................................... 20 Section 6.6- Situational Drug and Alcohol Testing............................................................... 20 Section 6.7- Refusal to Submit to Testing............................................................................ 20 Section 6.8- Test to be Conducted...................................................................................... 20 Section 6.9- Positive Test Results....................................................................................... 22 Section 6.10 - Voluntary Request for Assistance and Rehabilitation..................................... 22 ARTICLE VII - NO STRIKE AND NO LOCKOUT.................................................................... 23 Section 7.1 - No Strike.......................................................................................................... 23 Section 7.2 - No Lockout...................................................................................................... 24 Section 7.3 - Judicial Restraint............................................................................................. 24 ARTICLE VIII - GRIEVANCE PROCEDURE........................................................................... 24 Section 8.1 - Definition......................................................................................................... 24 Section 8.2 - Procedure........................................................................................................ 24 Section 8.3 -Arbitration........................................................................................................ 25 Section 8.4 - Limitations on Authority of Arbitrator................................................................ 26 Section 8.5 - Employee Right to Self-Representation........................................................... 26 Section 8.6 - Time Limit for Filing......................................................................................... 26 Section 8.7 - Union Representatives.................................................................................... 26 ARTICLE IX - UNIFORMS....................................................................................................... 27 ARTICLE X - DISCIPLINE AND DISCHARGE........................................................................ 28 Section 10.1 - Discipline and Discharge-In General........................................................... 28 Section 10.2 - Reprimands................................................................................................... 29 Section 10.3 - Suspensions of up to Five Days.................................................................... 29 Section 10.4- Suspensions Over Five Days, Demotions and Discharges............................ 30 Section 10.5- Right to Representation................................................................................. 31 Section 10.6- Preservation of Rights and Authority of District Boards.................................. 31 Section 10.7 - Use of Disciplinary Records........................................................................... 31 ARTICLE XI - MANAGEMENT RIGHTS AND SUBCONTRACTING....................................... 31 Section 11.1 - Management Rights....................................................................................... 31 Section 11.2 - Subcontracting of Work................................................................................. 32 ARTICLE XII - HOSPITAL AND MEDICAL INSURANCE........................................................ 32 Section 12.1 - Medical Insurance......................................................................................... 32 Section 12.2 - Physicals and lmmunizations......................................................................... 32 ii Section 12.3 - Life Insurance................................................................................................ 33 Section 12.4 - Firemen's Continuation Privilege................................................................... 33 Section 12.5- Joint Insurance Committee............................................................................ 33 Section 12.6 - Pension......................................................................................................... 33 Section 12.7 - Post Employment Health Plan (PEHP).......................................................... 33 ARTICLE XIII - PROMOTIONS................................................................................................ 34 Section 13.1 - Promotions in General................................................................................... 34 Section 13.2 - Eligibility Prerequisites - Lieutenants............................................................. 34 Section 13.3 - Promotional Test Components and Weights-Lieutenants............................ 35 Section 13.4 - Eligibility Prerequisites - Battalion Chiefs...................................................... 36 Section 13.5 - Promotional Test Components and Weights-Battalion Chiefs...................... 37 Section 13.6 - Scoring and Posting of Examination Components......................................... 38 Section 13.7 - Order of Promotional Selection...................................................................... 39 Section 13.8 - Right to Review............................................................................................. 39 Section 13.9 - Maintenance of Promotional Lists.................................................................. 39 Section 13.10-Assessment Center.....................................................................................40 Section 13.11-Monitoring....................................................................................................40 ARTICLE XIV- RULES AND REGULATIONS........................................................................ 40 Section 14.1 - Compliance with Rules and Regulations........................................................40 Section 14.2 - Promulgation of New or Revised Rules..........................................................40 ARTICLE XV- LABOR-MANAGEMENT COLLABORATION................................................. 40 Section 15.1 - No Discrimination..........................................................................................40 Section 15.2- Union Activity.................................................................................................41 Section 15.3 - Bulletin Boards..............................................................................................41 Section 15.4 - File Cabinets..................................................................................................41 Section 15.5 - Copies of Documents....................................................................................41 Section 15.6- Union Use of District Facilities.......................................................................41 Section 15.7 - Labor-Management Committee.....................................................................41 Section 15.8 - New Hire Orientation.....................................................................................42 Section 15.9- Union Officers................................................................................................42 Section 15.10 - Union Affiliate Access..................................................................................42 Section 15.11 - Attendance at Local Union Meetings...........................................................42 Section 15.12 - Receipt of Union Mail...................................................................................42 ARTICLE XVI - EDUCATION AND SEMINARS...................................................................... 42 Section 16.1 - Educational/Training Process........................................................................42 Section 16.2 - Mandatory Education and Training................................................................43 Section 16.3 - Assignment to Alternate Workweek for Training............................................44 Section 16.4 - Academic Achievement.................................................................................44 Section 17.1 - Gender Reference.........................................................................................45 Section 17.2 - Residency......................................................................................................45 Section 17.3 - No Solicitation................................................................................................45 Section 17.4 -Joint Occupational Health and Safety Committee..........................................45 Section 17.5 - Contract Lieutenants......................................................................................46 Section 17.6 - Physical Fitness.............................................................................................46 ARTICLE XVIII - SAVINGS CLAUSE...................................................................................... 46 iii ARTICLE XIX - ENTIRE AGREEMENT................................................................................... 46 ARTICLE XX- NEGOTIATIONS.............................................................................................. 47 ARTICLE XXI - TERM OF AGREEMENT................................................................................ 47 APPENDIX A - SENIORITY LIST............................................................................................ 48 APPENDIX B - WAGES........................................................................................................... 50 APPENDIX C - 7(g) AGREEMENT.......................................................................................... 51 iv PREAMBLE This Collective Bargaining Agreement is entered into by and between the New Lenox Fire Protection District, Will County, Illinois (hereinafter referred to as Employer or District), and the New Lenox Professional Firefighters, IAFF Local# 5097 (hereinafter referred to as the Union). This Agreement has as its basic purpose the promotion of harmonious relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operations of the District; the establishment of a peaceful procedure for the resolution of grievances; and the establishment and administration of an entire agreement covering wages, rates of pay, hours of work and terms and conditions of employment applicable to bargaining unit employees during the term of this Agreement. Therefore, in consideration of the mutual promises and agreements continued in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE I - RECOGNITION Section 1.1 - Recognition The District recognizes the Union as the sole and exclusive bargaining agent for all full time sworn personnel of the District in the following titles or ranks: Battalion Chiefs, Lieutenants, and Firefighter-Paramedics. Excluded from this representative unit are the Fire Chief, Deputy Chief, all civilian personnel, all part-time and paid-on-call employees, all contract employees, and all supervisory, confidential, and managerial employees as defined by the Illinois Public Labor Relations Act. Section 1.2 - Dues Check-Off With respect to any employee from whom the Employer receives individual written authorization, signed by the employee, in a form agreed upon by the Employer, the Employer shall deduct from the wages of the employee the dues and initiation fees required as a condition of membership in the Union and shall forward such amount to the Union within twenty-one (21) calendar days after close of the pay period for which deductions are made. The amount deducted shall be set by the Union and certified to the Employer by the Union. The amount of Union dues to be deducted may be changed once each year during the life of this Agreement. Any change in dues deduction must be submitted to the Fire Chief in writing at least twenty-one (21) days in advance of the payroll date in which it is to be effective. Employees have the right to revoke their dues deduction authorization at any time by submitting to the Fire Chief and the Union a written revocation which shall be effective on the payroll date after the receipt of the revocation, if possible, and if not, on the following payroll date. Deductions shall cease upon transfer or termination from covered employment, when there are insufficient funds available in the employee's earnings after withholding all of the legal and required deductions or at any time a strike or work slowdown or stoppage occurs in violation of this Agreement. Section 1.3 - Indemnification The Union shall indemnify and hold harmless the District against any and all claims, suits or judgments brought or issued against the District as a result of any action taken pursuant to the check-off provision contained in this Agreement. In the event of any legal action against the 1 District brought in a court or administrative agency because of its compliance with this Article of this Agreement, the Union agrees to defend such action, at its own expense and through its own counsel. In the event the District and union determine that a conflict of interest exists, the District shall have the right to select its own counsel, which will be paid for by the Union. Section 1.4 - Fair Representation The Union recognizes its responsibility as bargaining agent and agrees to fairly represent all Employees in the bargaining unit, to the extent required by law, regardless of their Union membership status. The Union agrees to indemnify and hold harmless the District from any and all liability, including monetary damages and attorney's fees, resulting from any failure on the part of the Union to fulfill its duty of fair representation. Any alleged violation of the Union's duty of fair representation shall not be subject to the grievance procedure. Section 1.5 - Fair Share In Janus v. AFSCME, 585 U.S._ (2018), the Supreme Court held that fair share clauses, such as that contained in Article I, Section 1.5, are unconstitutional. The Union and the District agree to strike the fair share provisions contained in Article I, Sections 1.5 through 1.7 in their entirety, and re-number the remaining Sections accordingly. However, in the event the law changes such that fair share fee deductions are not deemed unconstitutional, the Union and the District agree to bargain in good faith over the issue of fair share upon the Union's request. ARTICLE II SENIORITY Section 2.1 - Definition Seniority is defined as the employee's length of continuous full-time service as an employee of the District since the last official date he/she commenced employment as a full time employee. Determination of seniority for personnel hired on the same date shall be based on ranking of the hiring list. For purposes of administration of this Agreement only, seniority shall not accrue during unpaid leaves of absence in excess of 30 days. Continuous service shall be broken, and employment relationship terminated when an employee voluntarily resigns, is discharged, or retires. "Rank in Seniority" is defined as the employee's length of consecutive service since the last date he/she was promoted to their respective rank. If more than one employee is promoted on the same day, the employee's rank seniority is based upon exam scores from the promotional eligibility list used for the promotion. Section 2.2 - Seniority List The Employer shall post a seniority list at each fire station showing the continuous years of service of each employee. A copy of the seniority list shall be updated annually and provided to the Union. The original seniority list, agreed upon by the parties, shall be attached to this Agreement as Appendix A. 2 Section 2.3 - Probation Period New employees shall serve a probationary period of twelve (12) months, except as permitted to be extended by Illinois law. Any employee may be discharged during the probationary period without cause, at the sole discretion of the District. A copy of the discharge notice will be given to the Union. The District's decision to discharge a probationary employee shall not be subject to the grievance procedure. Section 2.4 - Layoff and Recall Bargaining unit members shall only be laid off if the District can show bona fide economic reasons. Before any full-time bargaining unit employees are laid off, all non-bargaining unit contract firefighters and Lieutenants (excluding management) must first be laid off. In the event it becomes necessary to lay-off full-time employees, these employees shall be laid-off in the inverse order of their seniority pursuant to a recall list established by the District. Full-time employees shall be recalled from lay-off according to their seniority, and shall be recalled before any non-bargaining unit part-time or contract personnel are recalled. No new full-time firefighters shall be hired until all employees on lay-off status desiring to return to work have been recalled. Employees who are on the recall list shall be given 15 calendar days' notice of recall. The notice of recall shall be sent to the employees by certified or registered mail, with a copy to the Union. The District shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee with a copy to the Union. If an employee fails to respond within 15 days to a recall notice, his/her name shall be removed from the recall list. Laid off employees shall be removed from the recall list after two full calendar years from the date of lay-off. Recalled persons who were laid off for more than two (2) months may be required to submit to a background check and examination by the Fire Department's physician in order to determine his/her fitness to perform the essential functions of the position. Section 2.5 Vacancies Vacancies in the position of Full-time Firefighter-Paramedic created as a result of death, resignation, retirement, promotion or discharge for just cause shall be filled ninety (90) days of the vacancy if the District has a current list or within one hundred twenty (120) days of the vacancy if no current hiring list is in place. If, in its sole discretion, the District decides that it does not intend to fill a vacancy due to economic reasons, the District agrees to promptly notify the Union of its decision not to authorize filling the vacancy. Section 2.6 - Minimum Manning The District agrees that it shall maintain a minimum of six (6) members of the bargaining unit assigned to each shift at the District, of which a minimum of six (6) members of the bargaining unit shall be working per day at the start of shift, 0700. The distribution of these personnel shall be subject to the final decision of the Fire Chief of the District. In the event the manning falls below six (6) full time employees will be hired back using the voluntary overtime procedures set forth in Article IV. In the event a bargaining unit employee experiences an injury or illness that is covered under worker's compensation and is expected to be off work for more than two (2) months, the District and Union agree that daily shift manning shall drop to one (1) below the maximum number of employees on shift. For example, when the minimum is six (6) and the maximum is ten (10) 3 and an employee is off and meets the criteria, the District shall staff at nine (9) for the period of that employee's absence. In the event there is more than one (1) injured employee, only one (1) variance is permitted. ARTICLE Ill - HOURS OF WORK Section 3.1 - Hours of Work The District shall establish work schedules for all bargaining unit members. Employees assigned to shifts of twenty-four (24) hours shall be scheduled to commence work at 0700 hours and end the next day at 0700 hours. The on-duty shift shall be followed by forty-eight (48) hours of scheduled off duty time, which may be impacted by voluntary or mandatory overtime assignments. At no time will an employee be allowed to work more than 72 consecutive hours without 12 consecutive hours off. All attempts will be made not to force employees to work more than 48 consecutive hours. The District retains the right to schedule employees to 40-hour daytime work weeks for purposes as deemed appropriate by the District. However, any employee affected by the change in schedule will be given at least 30 days' notice, absent an emergency. Section 3.2 - Shift Trades Shift trade is a privilege that shall not interfere with the operations of the Fire Department or result in the payment of overtime or acting pay. Any employee may be granted a shift trade if approved, with full normal pay, for any working day(s) on which that employee is able to secure another employee that is qualified to fill that rank to work in his place. Trades shall not be denied based on rank or qualification as long as the daily staffing can meet the District needs, with the exception of Battalion Chiefs who must trade with the same rank. Requests for shift trades will be submitted through staffing software. The trade must be accepted by both employees and approved by an administrator no less than 24 hours prior to the trade time, except in cases of emergency. Trades less than 24 hours before the start of the shift must be approved by a Battalion Chief. Employees seeking to trade shifts must work the assigned shift if they are unsuccessful in obtaining an approved trade. The employee agreeing to trade shifts with another employee shall be responsible to work the day, find another employee to cover the shift, or he shall have the commensurate number of sick leave hours deducted from his sick leave bank to cover any overtime caused by the trade. If an employee who is scheduled to work a shilt trade suffers a non-duty-related illness or injury while on shilt, that employee's sick leave will be used, and the employee shall not be responsible to find coverage for the shilt. If an employee who is scheduled to work a shilt trade suffers a duty-related illness or injury, neither employee involved in the approved shilt trade shall be responsible to work or find coverage for the remainder of the shift. If an employee repeatedly engages in shift trades that create overtime for the District, then the employee responsible for causing this overtime may be subject to discipline. Section 3.3 - Procedure for Bidding Station and Shift Assignments Station picks will be performed on an annual basis, in October of each year, at the October Union Meeting, to become effective January 1st of the following year. Shift picks will be picked every third year to become effective January 1st of the following year. Shift picks will start in 2019 to take effect January 1st,2020. Picks will be made first in rank order, then by time in rank- e.g. most senior to least senior Lieutenant, then most senior to least senior firefighter. A member of the union who holds the position of training officer or EMS coordinator who was not awarded a Station 4 1 position and wishes to be assigned at Station 1 shall replace the employee who has the least seniority of the members who bid Station 1 and then the bidding process will start over from that spot. The Union agrees to have a minimum of 1 Battalion Chief, 3 Lieutenants and 3 Firefighters per shift. The Union agrees that the ratio of District approved engineers shall be equal among the three shifts. If available, the Union agrees to have 1 Acting Battalion Chief and 1 Acting Lieutenant per shift. The final approval of the proposed station assignments shall be presented to the Fire Chief or his/her designee no later than November 15th for approval which shall not be unreasonably withheld. This approval shall be returned to the Union no later than December 1st of that year. The District shall retain the right to assign, detail and transfer the Battalion Chiefs to address personnel issues and based on operational needs. The District shall retain the right to assign, detail and transfer the workforce to address personnel issues and based on operational needs. A labor management meeting shall take place to discuss the operational needs of the district and any personnel items. The District shall retain the right to rotate probationary employees. To accomplish this the District, if needed, shall rotate out the least senior firefighter to accomplish the rotation. At the end of the rotation the least senior firefighter shall be replaced in their station. Section 3.4 - Emergency and Involuntary Transfers When the need arises for an emergency or involuntary transfer due to long-term illness, injury, extended leave or other situations in the best interest of the District, the District may transfer an employee to the vacancy. When an emergency or involuntary transfer is contemplated the District shall first attempt to find a qualified employee who will agree to change shifts. If no employee volunteers, the District shall assign the least senior qualified employee. Whenever an emergency or involuntary shift transfer occurs, and an employee will be scheduled to work more hours than he/she would have worked in that week on their previous shift, he/she shall be compensated at the overtime for those extra hours. Any previously approved time off will be granted even if there is another employee off on an approved leave. If it becomes necessary for an emergency transfer to occur more than once in a year, the District shall attempt to rotate who is moved. Section 3.5 - Voluntary Transfers 1. Voluntary shift transfers can be requested between two employees within the same job classification and/or rank. When two employees mutually agree to change work shifts they shall submit their request in writing to the Chief or his designee. Voluntary shift transfers shall not obligate the District to any additional cost, and does not guarantee priority vacation picks. All voluntary shift transfers are subject to the approval of the Chief or his designee. 2. Station and shift assignments that become available, due to an employee's retirement, resignation, disability, death or discharge for just cause, shall be filled on the basis of a seniority bidding procedure. The District shall post, in all work areas, a list of any and all open station and shift assignments no later than thirty (30) days' after such assignment becomes available. Employees within the same job classification and/or rank desiring a transfer shall make a request in writing for the open station and/or shift assignment of his/her choice; a copy of which shall be delivered to the Union. All shift assignments are subject to the approval of the Chief or his designee. 5 3. The District further agrees that no employee shall be transferred or reassigned for disciplinary reasons, unless the Union and District mutually agree to such transfer or reassignment. 4. The District has the right to fill all open station and shift assignments on a temporary basis not to exceed thirty (30) calendar days pending completion of these provisions. 5. Voluntary transfers and filling of open station and shift assignments through the bidding process will be allowed on a case-by-case basis, provided they do not interfere with the day to day operations as determined by the Chief or his designee. Should the Chief determine at any time that the transfer does not meet the needs of the District, the transfer may be rescinded. ARTICLE IV COMPENSATION Section 4.1 - Wages The annual salaries of the members of the bargaining unit shall be paid pursuant to the negotiated salary attached hereto and made a part of this agreement and identified as Appendix B. The salaries and wages of bargaining unit members shall be paid in bi-weekly pay periods with paydays falling on Friday. Any wage modifications shall be effective upon ratification and execution of the contract. Any wage modifications shall take effect as of January 1st of the particular calendar year. Section 4.2 Regular and Overtime Compensation (a) The regular and basic hourly rate of pay shall be determined and computed by taking the employee's annual salary and then dividing by the scheduled annual hours of duty to which the employee is assigned. The average work week is fifty-six (56) hours and the annual hours worked are 2,920. (b) The normal work cycle for 24 hour shift employees shall consist of 24 hours on duty with 48 hours off duty and overtime will be paid at 1 ½ regular hourly rate for any additional hours of work outside this work cycle. Any hours worked other than the employee's scheduled working days and hours shall be compensated at a rate of one and one-half (1 ½) times the employee's current rate of pay. Section 4.3 - Voluntary Overtime The Fire Chief or his designee(s) shall have the right to require overtime work. Voluntary overtime assignments and/or extra shifts generally shall be made on the basis of an hourly based hire back list maintained and enforced by the Union. When the District determines that a need for overtime exists due to the lack of manpower, vacations, sickness, injury, or other unforeseen causes, the Fire Chief or his designee shall contact the Union Representative to fill the shift utilizing the hire back List. Each shift shall have 1 Union steward that is appointed by the Union's Executive Board that will be responsible for filling overtime and vacancies. In the event there is no steward on duty, Battalion Chief will assume this responsibility. The district shall administer and be responsible for assigning overtime among the full-time employees. Voluntary overtime assignments shall not be denied based on rank or qualification as long as the daily staffing can meet the District needs. If an error in assigning overtime is made, the employee who was not 6 offered an assignment will receive the next available overtime assignment of equal or greater value from the hire back list. If no full-time bargaining unit member agrees to work the overtime, the District and Union shall follow the mandatory overtime procedures set forth in Section 4.4 to fill the overtime slot. The overtime/force-back list will be available on the staffing software. This list will be broken down to three ranks and be in order of rank seniority. The three ranks will consist of a FF rank, a LT rank, and a BC rank. The Union shall promptly provide the Fire Chief with an up-to-date copy of the hire back list upon request. Employees shall be allowed to withdraw their OT pick-up up to 09:00 the day before that OT shift as long as it will not cause a forceback or they have to find their own coverage. If an employee picks up OT that is less than 24 hours and the employee who is supposed to report to work calls off for the remainder of the shift, the employee on OT will not be subject to forceback it the staffing meets the District's needs. Section 4.4 - Mandatory Overtime In the event that voluntary overtime is offered to all qualified members to fill full-time positions pursuant to Section 4.3, and it is refused by all full-time members, then mandatory overtime shall be imposed by the District by use of a Mandatory Overtime List to be maintained and enforced by the Union. Exceptions to the mandatory overtime list may be requested by the Union subject to approval of the Fire Chief or designee. Any employee using approved time off shall not be subject to mandatory overtime from the end of the last shift worked until the beginning of the next shift worked. The Union shall administer and be responsible for assigning overtime among the full- time employees. Bargaining unit employees shall not be passed over for mandatory overtime assignments on the basis that the employee is not a District-approved driver as long as the daily staffing can meet the District needs. If an error in assigning mandatory overtime is made, the employee who was not offered an assignment will receive the next available overtime assignment. The Union shall promptly provide the Fire Chief with an up-to-date copy of the Mandatory Overtime List upon request. Mandatory overtime assignment issues are not subject to the grievance procedure set forth in Article VIII of this Agreement. The overtime/force-back list will be available on the department intranet. This list will be in reverse rotating order based on rank seniority. The list will indicate the least senior employee at the top and the most senior at the bottom. Any time an employee is forced back, the date and the number of hours forced will be documented. The employee on that respective shift with the least amount of force-backs will be up for mandatory overtime. Should a force-back situation arise, the Union will refer to the force-back list to notify the eligible employee from the off going shift. This employee shall be mandated to work the force-back position. Employees who have a scheduled vacation, trade time, personal time, or other approved time off will not be eligible for force-back beginning at the end of their last duty shift, immediately prior to the time off. They will be skipped in the rotation and go back to their place when they resume their next normal duty shift. 7 When an employee is next on the force-back list and the force-back will cause the employee to work more than forty-eight (48) consecutive hours including trades, overtime or any other approved time without a minimum twelve (12) consecutive hour break, the employee will be skipped and the next employee on the list will be forced. This employee may still be forced back if no other employee, including out of rank with the exception of Battalion Chiefs working down, is eligible for force-back. Force-backs shall ordinarily be rank for rank i.e. BC for BC, Lt for Lt and FF for FF. A LT or FF can be forced out of rank when there are no employees in the higher or lower rank eligible for force back (e.g., a LT can be forced out of rank if no BC is eligible for force-back because one BC is on vacation and the other would work more than 48 consecutive hours). Battalion Chiefs can only work in the Battalion Chief position, not down. Regardless of the rank of the employee creating the original vacancies, force-backs may happen to prevent a vehicle from being shut down due to staffing limitations. On-duty actors will be moved up and the lowest rank will get forced. If there are no on-duty actors available, then an actor will be forced. Any person needing time off during a force-back situation will advise the Battalion Chief and will need to find his/her own coverage. More than one person may be forced back for one shift. If this occurs, the employee who is next on the force-back list will cover the open shift based on the order of initiation (i.e.-date of time off from submission or time of call off). Both employees may trade if it is mutually agreed upon. If an employee is forced back for less than 24 hours and the employee with the original time off calls off the rest of their shift, the employee who was originally forced will be forced to work the remainder of the shift. Section 4.5 - Overtime Call Out Procedure Overtime slots shall be filled by the union steward from the shift that immediately precedes the shift requiring overtime (i.e. Red shift calls out Gold shift openings, Black shift calls out Red shift openings, and Gold shift calls out Black shift openings). When there is a scheduled opening, the shift steward will attempt to fill it 2-3 weeks in advance. The union steward will send out a callback through the staffing software. Employees shall be given a minimum of 8 hours to respond. The member that is next up available for overtime will get the position. If there are 2 openings (a 12 and 24 hr shift) for that day the member that is highest up for available overtime will have his choice on which he wants. Voluntary overtime will be filled on a rank for rank basis i.e. FF for FF, LT for LT, and BC for BC. In the event that nobody from the Lieutenant rank accepts the LT overtime, the spot will be available to off duty employees from the Lieutenant acting list. In the event no off-duty employee from Lieutenant acting list accepts the overtime an on-duty acting officer may be moved up, providing their spot gets backfilled or we meet the districts minimum staffing requirements. On duty actors will be rotated equally from the Lieutenant acting list. In the event the Lieutenant spot cannot be filled through moving up an on-duty actor, it will be filled through the force-back procedures. In the event that nobody from the Battalion Chief rank accepts the BC overtime, the spot will be available to off-duty employees from the Battalion acting list. If no off-duty employees from the Battalion Chief acting list accepts the overtime an on-duty acting officer may be moved up, providing their spot gets backfilled or we meet the districts minimum staffing requirements. On duty actors will be rotated equally from the Battalion Chief acting list. In the event the Battalion 8 Chief spot cannot be filled through moving up an on-duty actor, it will be filled through the force- back procedures. In the event that an employee only agrees to take a part of the shift, it will only be approved if the employee that is on mandatory overtime wants to give up the hours. In the event multiple employees put in for a 24 hour OT shift but one employee puts in for 12 hours and the other puts in for 24 hours, the employee with the 24 hour request will take priority over the 12 hour request regardless of their place on the OT list. Section 4.6 - Overtime Reset The overtime log will consist of shift hours worked throughout the year. On January 1st of every year the overtime log will be reset to zero (0) and start over. Section 4. 7 - Hold Over When an employee is requested by the District to work additional time due to emergency calls or late personnel immediately after the regular work shift without interruption, the employee will be paid at one and one-half (1-1/2) times the employee's basic hourly rate and will be paid in fifteen (15) minute increments. If no full-time employee volunteers for the holdover, the District shall follow the force-back procedure in Section 4.4. In the event an employee is held over due to a late call, it will not count as a force-back. Section 4.8 - Call Backs When an employee is paged out or called back for emergency work by the District, the hours worked will be paid at one and one-half (1-1/2) times the employee's basic hourly rate, commencing when the call back or page occurs, except any employee who reports to work more than 30 minutes after being paged out or called back shall be paid from the time he or she reports to the station or other work site. Each employee shall keep the District informed of their phone number at all times. A minimum of two (2) hours will be paid for each response. Any time in addition to the first two hours will be paid in fifteen (15) minute increments. Call back hours will not affect any overtime lists maintained by the Union. Section 4.9 - Specialty Teams 1. The District has needs in areas that require specialized training. This specialized training requires additional time to achieve the skills required to be a member of the team, as well as additional training and drills to maintain the appropriate knowledge and skills. Therefore, the District will pay an additional incentive bonus to individuals willing to become and function as members of specialized teams functioning within the District. 2. Specialized Teams approved for pay incentives by the District include: a. CART b. Water Rescue c. Hazardous Materials 9 d. Fire Investigations e. K9 Search and Rescue f. Drone Team 3. Required mandatory meetings and monthly drills attended off-duty will be paid out as overtime. 4. Guidelines for the team must be spelled out prior to anyone receiving the incentive. The guidelines shall be approved by the Fire Chief. 5. Members must meet all department guidelines for good standing on the team to be eligible for any incentive. The department guidelines will be submitted by the team leader annually and approved by the Fire Chief in his or her sole discretion. 6. Firefighters and Lieutenants who commit to being a member of a specialized team shall receive a $200.00 stipend annually. This incentive is paid to individuals for choosing to be a member of a specialized team. Members will only be allowed to receive a stipend for being a member of one specialized team. This shall only be paid for members in good standing. 7. The Fire Chief will appoint a Department team leader for each team. These members shall receive an additional $300.00 annually. 8. The team leader shall submit a list of certifications required for each team to be approved by the Fire Chief, in his or her sole discretion. 9. A member must be in good standing as of the first pay period in November. 10. Stipend will be paid no later than December 15th. Section 4.10 - Court Time Employees who would otherwise be off-duty shall be paid for all hours worked when appearing in Court on behalf of the District in the capacity of a District employee in a matter arising out of their employment. Employees shall not be paid for court time and litigation which he or she or the Union initiated, or which the District is the Plaintiff and an employee is a Defendant. Any absence due to subpoena must be cleared by the Fire Chief immediately upon notification. Section 4.11 - No Pyramiding Compensation will not be paid out more than once for the same hours worked by an employee under any provision of this Article, this Agreement, or State or Federal law. Section 4.12 - Need for Temporary Upgrading An employee who is required to accept the responsibilities and carry out the duties of a company officer or shift commander for one (1) hour or more shall be compensated at the current starting pay for that position as shown in Appendix B for that position in lieu of their current rate of hourly pay. The upgrade will be expected to monitor compliance of all department SOP's and Administrative Regulations and report violations of the same to their immediate supervisor. 10 An acting Lieutenants list shall be established at the completion of the Lieutenant promotional process. The acting Lieutenant list will include all individuals that participated in the Lieutenant promotional process and those that became eligible to test during the life of an existing list. The list will mirror the Lieutenant eligibility list for promotion, but also include the individuals that were eliminated for not achieving the minimum score necessary to be eligible for the list, and any employee that meets the qualifications to take the eligibility test. Any employee that achieves the requirements during an active list, will be added to the acting Lieutenant list. This list shall be arranged based on full-time seniority. The acting Lieutenant list will be created and maintained for the same period of time as the final Lieutenant eligibility list. The acting Lieutenant list is for distribution of acting time only and is not meant for promotional process. The acting intent is to give those individuals that are or will be participating in the promotional process, additional experience. The acting Battalion Chief list will be created and maintained in the same manner as the acting Lieutenant list. The acting Battalion Chief list is for distribution of acting time only and is not meant for promotional process. The acting intent is to give those individuals that are or will be participating in the promotional process, additional experience. Employees are allowed to sign a declination to act form, which states their intention to not act in a capacity outside of their regular assignment. This form lasts until rescinded by the request of the decliner, with a minimum of 6 months after the original request to decline. By refusing to act on the individual's regular duty shift, it will also be interpreted as refusing to act on any shift, which will include call back time or time while on a trade of duty shift with another. However, employees who are on the Lieutenant or Battalion eligibility list may not decline to act while on a valid eligibility list. Section 4.13 - 7G Program Work Assignment The District recognizes that there is a need for employees to perform work outside the job description of a Firefighter/Paramedic, Lieutenant, or Battalion Chief. The District agrees to offer additional work if needed as part-time positions to the full-time bargaining employees in accordance with this Article. Employees who participate in this program must sign the agreement for 7G participation. The Fire Chief, at his or her sole discretion, shall set the hours of work, the number of days a week, and the number of people that may participate in the 7G program. The program of 7G will include, but is not limited to the following programs: EMS Coordinator/EMS Instructors Training Coordinator/ Training Instructors Fire Prevention Coordinator/ Inspector Communications/ Mapping IT Services Mechanic/ Maintenance Cadet Coordinator Gear/Uniform Coordinator Peer Fitness Coordinator Mobile Integrated Health 11 The hourly rate for these programs shall be mutually agreed to by the District and the Union and identified as Appendix C. Worked performed in the 7G program will be compensated at time and one-half of the agreed-upon 7(g) rate. If an employee is working under this agreement and is then required to revert back to their role as a Firefighter/Paramedic, Lieutenant, or Battalion Chief due to emergency or other requirements, as designated by the Fire Chief, the employees will be compensated at their appropriate over time rate as if working normal shift hours. Section 4.14 - EMS Coordinator/Training Officer Stipend The District has needs in areas that require special leadership. The positions that require this leadership are Training Officer and EMS Coordinator. The Fire Chief or his or her designee shall appoint the Training Officer and EMS Coordinator in his or her discretion. The Training Officer and EMS Coordinator shall receive an annual stipend of $2,750. If it is deemed necessary by the Fire Chief or his or her designee, the Fire Chief shall appoint a Training Officer Assistant and an EMS Coordinator Assistant. The Training Officer Assistant and EMS Coordinator Assistant shall receive an annual stipend of $1,000. Section 4. 15 - Longevity Pay In recognition of the service given to the District and in an effort to encourage long-term employment with the District, Employees shall receive Longevity pay incentives after achieving certain milestones in credited service with the District as shown below: After completing 10 years of service - $3,500/year After completing 15 years of service - $4,000/year After completing 20 years of service - $4,500/year Longevity pay is in addition to salary maximums shown in Appendix B and shall be added to the employees' base pay for the purpose of Pension contributions and calculations and be distributed equally with normal, regularly scheduled payroll. None of these benefits afforded by this section shall be deemed cumulative. Section 4.16 - Drivers Pay The District has a need for drivers of fire apparatus in recognition of this extra training and responsibility a firefighter that has been cleared to drive all of the Engines shall receive an annual stipend of $750.00 and a firefighter that is cleared to drive all apparatus shall receive an annual stipend of $2,000.00. This stipend shall only be paid to the firefighter rank and shall be paid to any firefighter that is cleared to drive the vehicles on December 31st of the prior year for that following year. If a firefighter is cleared on a vehicle in the middle of the year the rate will be prorated. None of these benefits afforded by this section shall be deemed cumulative. This stipend shall be broken down into an hourly wage and paid accordingly (Engine driver $0.26/hr. and Cleared on all apparatus is $0.69/hr.) In the event a firefighter is receiving the stipend get promoted they will stop receiving the stipend. Firefighters who are cleared to drive all in service apparatus shall be eligible for the $2000.00 12 stipend. If a vehicle has been out of service for more than a month and the member is cleared on all other apparatus they will be given the $2000.00 stipend. It will be the responsibility of the member to get cleared on that vehicle within 90 days of it going back in service or their stipend shall be moved back down to $750.00. Stipends will be placed on the next full pay cycle after being received. ARTICLE V- LEAVE/TIME OFF Section 5.1 - Holidays All shift employees shall receive 144 hours of holiday pay annually, in lieu of paid Holidays. All shift employees will be paid in a single check at a straight time rate no later than November 22 nd of each calendar year. Holiday pay is earned during the year it is received, and any employee not working a full year shall receive pro-rated holiday pay based on the amount of time actually worked during the year (i.e. 6 months=.5 x 144 hours). Section 5.2 - Personal Time Lieutenants and Firefighters will receive 48 hours of personal time per year. Battalion Chiefs will receive 72 hours of personal time per year, in which 48 hours must be used in a minimum of twelve (12) hour increments. The remaining 24 hours may be used in four (4) hour increments. Personal time is unscheduled time that can be taken with short notice. Employees may schedule personal time in advance for time off. Personal time can only be used as long as the Union is able to fill the vacancy utilizing the Overtime or Mandatory Overtime list, or as long as daily staffing can meet the District needs. Personal time must be used within the same calendar year. Employees must take a minimum of four (4) hours of time per instance. Any request of more than 12 hours must be taken as full 24 hours off. Scheduled personal lime may be canceled by the employee anytime up to 9:00 am the day prior. The Fire Chief shall not unreasonably deny an employee's request for short notice personal time. All unused personal time unused by the end of the year will be lost. Employees shall be allowed to take personal time in the middle of their shift if they find their own coverage or staffing allows it without coverage. Any employee that needs to leave their shift due to an emergency shall be allowed to use personal time regardless of if the Union is able to fill the vacancy. Employees are not allowed to take personal time on a holiday unless they find someone that is willing and of equal qualifications to take the overtime. Holidays for the purpose of personal time will be defined as: Easter Sunday Memorial Day 4th of July Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day 13 New Year Eve New Years Day Employees shall be allowed to take personal time in the middle of their shift if they find their own coverage. Section 5.3- Vacations (a) Employees shall receive vacation leave each year for use from January 1stto December 31 st of the next calendar year. The exact number of duty days allowed each year is determined by the length of credited full-time service with the District. Employees shall receive notification of upcoming vacation days by November 1stof each year for the use in the next calendar year. If an employee will reach his/her "anniversary" date in the next calendar year, he/she shall receive notice of the appropriated amount of vacation days on November 1st of the current year for the use in the next calendar year. Vacation days for 24-hour shift employees refer to 24-hour duty days (not calendar days) and are to be taken in accordance with the District needs and the employee's preference. Employee vacation requests are subject to the approval of the Fire Chief or his designee. Employees are not allowed to take a vacation day on a holiday unless they find someone that is willing and of equal qualifications to take the overtime. For the purpose of vacation time holidays will be defined as days previously stated in Section 5.2 Personal Time. Employees shall be paid for vacation time that cannot be used during a calendar year due to extended worker's compensation injuries/illnesses. A maximum of 96 hours of vacation time may be taken in 12-hour increments, and all remaining vacation time must be taken in full 24 hour increments unless used for emergency leave. The parties mutually agree that benefits provided in this Agreement are more generous than the benefits required by the Illinois Paid Leave for All Workers Act, S.B. 0208. Pursuant to Section 15(n) of that Act, the parties voluntarily waive the benefits provided under that Act in favor of the benefits provided under this bargaining agreement. Vacation leave for Lieutenants and Firefighters per year shall be credited as follows: Less than one year of service 2duty days Start of second year 7 duty days Start of third year 9 duty days Start of fourth year 11 duty days Start of fifth year 14 duty days Start of tenth year 16 duty days Start of fifteenth year 18 duty days Start of twentieth year 19 duty days Start of twenty-fifth year 21 duty days Vacation leave for Battalion Chiefs per year shall be credited as follows: 14 Start of fifth year 14 duty days Start of tenth year 16 duty days Start of fifteenth year 18 duty days Start of twentieth year 20 duty days Start of twenty-fifth year 21 duty days Battalion Chiefs may elect to sell back no more than ¼ of the total days given per calendar year under this section at their straight time rate. The selection schedule of vacation time shall be selected from November 1st through December 1st each year. A master electronic calendar shall be available at each station no later than December 20th of each year for the following year. The calendar shall reflect the order of selection of vacation picks for purposes of determining overtime. Vacations shall be selected on a seniority basis per shift. The following shall constitute the departmental procedure for all 24-hour shift employee's vacation scheduling: A. Priority Vacation Requests - Priority vacation requests shall be the vacation days scheduled prior to the beginning of the next year according to the following system: The senior employee starts by scheduling up to 4 vacation days on his/her first pick. During the second round of vacation picks the employee shall be allowed to schedule an additional 4 vacation days. During the third round of vacation picks the employee shall be allowed to schedule the remainder of their vacation time. The rotation continues with each less senior employee choosing until the entire shift has chosen their days. The selection will continue until all priority requests are scheduled. Persons scheduled off during vacation selection period must submit their picks in writing to the Union prior to selection. Employees not selecting time during that shift day lose their ability to pick during that round. Employees who choose not to select any vacation time during the priority vacation request period will lose the ability to schedule priority vacation days and all time scheduled for that year will be according to section B. In order to reserve a specific time slot for the following year, employees must schedule vacation days during the priority vacation request period with no more than one employee per rank scheduled off per day for vacation purposes. If an additional employee would like to use a vacation day they need to find their own coverage unless the first vacation day was already filled with voluntary overtime. Priority vacation can only be scheduled for the next year (January through December) during the priority vacation request period. B. Secondary Vacation Requests - Secondary vacation requests shall be all vacation days for the next year not scheduled from November and December the previous year. Employees may schedule unused vacation days or switch a vacation day to a date where a slot is open. This time will be granted on a first come first served basis. All secondary vacation requests shall be forwarded to the Union of the employee requesting the vacation day no later than 14 days prior to the requested vacation date. In the event this notice is not possible, the request shall be made as far in advance as possible. If two employees submit a secondary request for the same day, on the same day, seniority will prevail. 15 Up to 1 employee per rank may be off per shift for vacation purposes. If an additional employee would like to use a vacation day they need to find their own coverage unless the first vacation day was already filled with voluntary overtime. If there is a conflict of scheduling, seniority will be applied. After January 1st of each year employees of the same shift may exchange vacation dates selected with each other with the approval of the Union. C. Any employee that wishes to cancel a scheduled vacation day must do so no later than 9:00am of the shift prior to the requested vacation date. The District reserves the right to cancel any overtime that may have been scheduled due to the vacation day selection. D. Any employee that needs to leave their shift due to an emergency shall be allowed to use vacation time in any hour increment regardless of if someone from the same rank is off on scheduled vacation time. Section 5.4 - Sick and Injury Leave (a) In general. Sick leave with pay is an accumulated benefit for full time Employees. Sick leave time may be used in accordance with the Employee Sick Leave Act. 820 ILCS 191. (b) Award and accrual. Employees shall accrue sick leave at the rate of 12 hours per month of employment with a maximum accumulation of 1080 hours for shift employees. An employee will receive twenty-four (24) hours of basic straight lime hourly pay for each day of accrued sick day used. Sick leave may be used hour for hour. (c) Notification. Notification of absence due to sickness shall be given to the on-duty Battalion Chief or Station 1 Lieutenant as soon as the employee is aware that he or she is or will be unable report to duty. Notification shall be made no less than one (1) hour prior to his or her shift, unless that ii is shown that notification was impossible or the requirement is waived by the Chief or designee. (d) Abuse of sick leave. Sick leave abuse is a very serious matter. The District retains the right to deal with abuse of sick leave wherever it may occur. Such corrective steps may include requiring medical consultations and tests, physician's verification of illness, or other investigative steps where there is reason to suspect sick leave abuse. The District may also require a physician's verification that an employee is well enough to return to work (such return to work verification shall normally be required when three (3) or more consecutive duty shifts are missed due to sickness or when an employee is admitted to a hospital for any period of time). Any employee who utilizes sick lime immediately before or after a scheduled vacation or shift trade day off two (2) or more times within a period of twenty-four (24) months may, at the option of the District, be required to submit a physician's verification of illness. Failure to submit to required medical exams or to provide required medical verification of illness shall be deemed to have abused sick leave and shall be subject to discipline. Falsification of any verification of illness, or other actions abusing sick leave shall be just cause for discipline. (e) Fitness for Duty Exam. When reasonable suspicion exists regarding an employee's fitness for duty, the District may require an employee to submit to an examination by a physician or other appropriate medical professional designated by the District. The District shall pay for the cost not covered by insurance of any fitness for duty examinations at a facility designated and required by the District. If it is determined the employee is unable to perform his/her job the District shall allow 16 a second medical examination performed by a physician selected by the employee. The employee will pay for the costs of the second examination if not covered by insurance. If the medical opinions are in disagreement, the District shall allow a third medical examination by a physician selected by the first two physicians and the decision of the third physician shall be controlling so long as based on relevant job criteria which may be challenged under the grievance procedure. Costs of the third physician not covered by insurance shall be equally divided between the District and the employee. (f) Employees shall be allowed to use or donate up to 24 hours of sick time per calendar year that will not count against PEHP calculations as long as the employee is above 720 hours during the calculations. Section 5.5 - Sick Leave Donation Non-probationary employees suffering from an illness or injury that have exhausted all of their sick leave, may accept donations of sick time equaling up to one (1) month in the employee's respective working schedule. The procedure as outlined below will govern the sick leave donation policy: 1. The employee must have exhausted all accumulated time off. 2. All sick leave donation shall be subject to the Fire Chief's approval and discretion. Any request for sick leave donation must be made in writing to the Fire Chief and Union President. 3. The employee donating the sick time shall have a minimum of 240 accumulated sick leave hours after the donation of sick time. 4. The Fire Chief shall be given the employee's request, along with document containing the signatures of the employees donating the hours and the total hours being donated. The donated hours shall be available for use once signed off by the Fire Chief. Section 5.6 - Bereavement Leave In the event of death in the immediate family of an employee (defined as the employee's legal spouse, parents of spouse, children, step-children, adopted children, parents, step- parents, grandparents, grandchildren, brother, sister, brother-in-law or sister-in-law), an employee shall receive up to forty-eight (48) hours off with pay if needed for matters in direct relation to the death of an immediate family member. In the event of death in the extended family of an employee (defined as the employee's aunt, uncle, niece, nephew, grandparent-in-law or first cousin), an employee shall receive up to one work day off with pay if needed for matters in direct relation to the death of a listed extended family member. Additional time off may be granted at the discretion of the Chief where needed to attend funerals of persons who are not members of the immediate or extended family of the employee, and any such time shall be credited against other available leave time. Furthermore, employees shall be entitled to take unpaid bereavement leave pursuant to the Family Bereavement Leave Act, 820 ILCS 154 et seq. 17 Section 5. 7 - Military Leave Military leave shall be granted and paid in accordance with State and Federal laws. Employees called to duty, scheduled to attend military training, encampments, and reserve duty shall submit their orders to the Fire Chief before military leave will be granted unless the orders are unavailable or prohibited from being disclosed at the time. Proof of leave for military purposes shall be provided along with proof of military pay as soon as reasonably possible. Section 5.8- Family and Medical Leave/Maternity Leave (a) The District shall grant eligible employees family and medical leave pursuant to and in accordance with the Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.), the Pregnancy Discrimination Act of 1978 (42 U.S.C. §2000e(k}), and the administrative regulations on sex discrimination that address pregnancy, childbirth and childrearing (56 Ill. Admin. Code §5210.110) pursuant to the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.). For employees not eligible for family and medical leave, the District shall review the individual circumstances and business considerations involved on a case-by-case basis and in accordance with the law and District policy. (b) Maternity leave shall be granted in accordance with Federal and State law. Section 5.9 - Jury Duty An employee who is called upon to serve as a juror for any Federal, State, or County court system shall notify the District immediately, with a copy of the notice to serve and give advance notice of at least one duty day. The employee will be released from duty for the period of time they are required to serve. The employee shall return to work as soon as possible after being released from jury duty. However, if the circumstances so warrant, the employee may be released from duty for the entire shift. The employee shall turn in the payment from the jury commission for any duty days for which the employee received his or her regular compensation from the District. Section 5. 10 - Union Business Leave The District agrees to allow a total of forty-eight (48) hours off per fiscal year to conduct Union related business, with pay. This time can be taken in 4-hour increments. Employees seeking Union business leave must submit at least 14 calendar days in advance to the Chief or his/her designee, a written request signed by the Union President, or his/her designee with the embossed Union's seal, indicating the request has been authorized by the Union. Only two employees per day may be off on Union business. No employee may be forced in to work to cover an employee on Union Business Leave. If this is the case the employee's request for Union Business Leave will be mutually canceled by the Union and District. Section 5. 11 - Personal Leave At the sole discretion of the Chief, or his or her designee, a leave of absence, without pay, for a limited time-not to exceed twelve (12) months-may be granted for any reasonable purpose, and such leave may be extended or renewed for any reasonable purpose. Health and life insurance coverage shall continue during such leave at the employee's expense. Any employee who without good cause does not report back to work at the end of such leave shall be deemed to have voluntarily resigned and the employment relationship will be terminated without further 18 proceedings. Any unpaid personal leave granted pursuant to this Section shall not create a precedent. ARTICLE VI - DRUG TESTING Section 6.1 - General Statement of Policy The use of illegal drugs and the abuse of legal drugs and alcohol by employees of the District present unacceptable risks to the safety and well-being of other employees and the public, in addition to being unlawful in some cases. Therefore, it is agreed by the Union and District that the manufacture, distribution, dispensation, possession or use of a controlled substance or alcoholic beverage or the abuse of legal substances which may impair or adversely affect an employee's ability to perform his or her job is prohibited on all District properties at any time by an employee or guest, and at all times and places wherever any employee is performing employment duties for the District. In addition, all employees are prohibited from entering upon District property or from being at any time or place while performing employment duties for the District, while under the influence of alcohol or any controlled substances (Drug Free Workplace Act, 30 ILCS 580/1 et seq.). It is the policy of the District to help provide a safe work environment and to protect the public by ensuring that employees for the District are free from the effects of drugs and alcohol in the performance and pursuit of their duties. In the state of Illinois, cannabis is legal under state law, both as a prescription medication and as a drug used for recreational purposes. Pursuant to Section 10-50 of the Cannabis Regulation and Tax Act (410 ILCS 70/10-50), employees must not be under the influence of cannabis while on duty or on call. Furthermore, employees are prohibited from either smoking, or otherwise ingesting, marijuana or products containing tetrahydrocannabinol less than twenty-four (24) hours before they report for duty. Section 6.2 - Definitions Drugs or controlled substances shall include, but not be limited to, alcohol, cannabis, any controlled substance defined in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.); or the Cannabis Control Act (720 ILCS 550/1 et seq.); any controlled substance listed in Schedules I through V of 21 U.S.C. 812 except with regard to cannabis as otherwise provided for herein; and any look-alike substance, designer drugs or any substance, such as glue, which may have adverse effects on perception, judgment, alertness, memory or coordination. Impair or adversely affect shall mean causing a condition in which the employee is or may be unable to properly perform his or her duties due to the effects of drugs or alcohol in his or her body. Where impairment exists or is presumed, incapacity for duty shall be presumed. Section 6.3 - Prohibitions In addition to any and all other criminal, civil, or regulatory prohibitions which may be applicable, the employees shall be prohibited from the following: (a) Consuming, possessing, selling, purchasing, or delivering any illegal drug at any time; (b) Consuming alcohol or cannabis while on duty upon District workplaces, as defined by Section 10-50 of the Cannabis Regulation and Tax Act (410 ILCS 705/10-50); (c) Failing to report to the Chief or his designee the use of any prescription medication which the employee knows or should know will have an effect on the employee's ability to safely and competently perform his duties; (d) Having any level of alcohol 19 concentration in his blood or breath of more than 0.02 grams of alcohol per 100 milliliters of blood or 0.02 grams of alcohol per 210 liters of breath; or, (e) Being under the influence of any other drug or combination of drugs, to a degree which, in any way, impairs the employee's ability to safely and competently perform his duties. Violation of any of the foregoing prohibitions or the failure to submit and cooperate in testing as provided in this Article shall be cause for discipline, including discharge. Section 6.4 - Random Drug and Alcohol Testing The District will not require its employees to submit to random drug testing except as expressly provided in Section 6.10 of this Agreement. Section 6.5- Drug and Alcohol Testing Upon Reasonable Suspicion If the Chief, or his designee, has reasonable suspicion an employee has violated the prohibitions contained in this Article, the Chief, or his designee, shall have the right to require the affected employee to submit to alcohol or drug testing as set forth in this Agreement. If a test is ordered on the basis of reasonable suspicion, the District shall advise the affected employee, after a written request made by the employee, of the facts and inferences which form the basis of the order to test; provided, however, that the employee shall submit to a test ordered within the time stated prior to having the opportunity to make such a request or to receive a response thereto. Section 6.6 - Situational Drug and Alcohol Testing Nothing contained in this Article shall limit the authority of the District to require drug and alcohol testing as it deems appropriate for persons seeking employment as employees prior to their date of hire, or following a motor vehicle accident involving an employee as the driver or operator of equipment where significant property damage or a personal injury occurs, or at the time of an employee's annual physical examination. For purposes of this Section, significant property damage shall mean damage estimated to cost at least $5,000.00 to repair or replace. Section 6.7 - Refusal to Submit to Testing Any employee refusing to comply with an order for testing for drugs and/or alcohol within the timetable specified in the order shall be subject to discipline, up to and including discharge. Section 6.8 - Test to be Conducted In conducting the testing authorized by this Agreement, the District shall: (1) Use only a clinical laboratory or hospital facility which is certified by the State of Illinois to perform drug and/or alcohol testing and that has been accredited by the Substance Abuse and Mental Health Services Administration (SAMHSA). (2) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of each sample and test result. (3) Collect a sufficient sample of the same sample of blood or urine or a similarly reliable material from the employee to allow for initial screening, a confirmatory test and a sufficient amount to be 20 set aside reserved for later testing if requested by the employee under Paragraph 6 below. (4) Collect sample in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Employees shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a clean room for submitted samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (5) Confirm any sample that tests positive in accordance with SAMHSA standards in effect at the time of the testing in initial screening for drugs by testing the second portion of the sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. (6) Provide the employee tested with an opportunity to have the additional sample tested by a State of Illinois and SAMHSA certified clinical laboratory or hospital facility of the employee's choosing, at the employee's own expense, provided the employee notifies the District of the desire to do so within seventy-two (72) hours of receiving notification of positive test results. (7) Require that the laboratory or hospital facility report to the District that a blood or urine sample or similarly reliable material is positive only if both the initial screening and confirmation tests are positive for a particular drug. (8) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of.02 or more based upon the grams of alcohol per 100 millimeters of blood be considered positive, and results showing an alcohol concentration of.0199 or less shall be considered negative. (Note: The foregoing standard shall not preclude the District from attempting to show that test results below.02 demonstrate that the employee was under the influence or impaired). (9) With regard to cannabis, impairment shall be presumed where a blood level is measured at 5 ng/ml of Delta-9-tetrahydrocannabinol. A lesser concentration shall not preclude the District from establishing that the employee was nonetheless impaired. However, a positive blood level, alone, is not determinative of impairment, and impairment must be determined in accordance with the procedures established in this Article. The District and the Union agree that these test procedures and levels are subject to change with advances in technology or other considerations that warrant identification of these substances at other concentrations. To the extent new testing procedures and technologies are developed that more accurately detect levels of cannabis and/or marijuana in a person's system, the Union the District agree to negotiate in good-faith an amendment or amendments to these testing procedures to ensure that accurate and fair testing procedures are being implemented under this provision. (10) Provide each employee tested with a copy of all information and reports received by the District in connection with the testing and the results. (11) Insure that no employee is the subject of any adverse employment action, except emergency temporary reassignment or relief of duty, during the pendency of any testing procedure. (12) When testing is ordered, the employee may be removed from duty and placed on leave with pay pending the receipt of results unless there is independent reason to remove the employee from duty without pay. 21 Section 6.9 - Positive Test Results Except with regard to cannabis, any test resulting in a positive report will be referred to the Chief for complete investigation. Upon completion of such investigation, if it is found that a member has used any drug which has not been legally prescribed and/or dispensed, or has abused a legally prescribed drug or has reported for duty under the influence of drugs or alcohol, a report of such shall be prepared. Upon service, the member against whom such report has been made shall receive a copy of the laboratory test results, and will be immediately relieved from duty, and shall be subject to disciplinary action which may include discharge, except as provided in the Section below concerning rehabilitation. With regard to cannabis, cannabis metabolites can stay in a person's blood for weeks after the psychoactive and motor effects of the drug have completely subsided. In addition, certain topical medications containing cannabis do not cause any psychoactive effects or motor impairment but can still result in a positive test for cannabis. A positive test for cannabis only indicates the presence of cannabis in the blood; it does not test for impairment. A blood test performed by a qualified laboratory will be used to screen for the psychoactive effects of cannabis use. A Medical Review Officer (MRO) shall be chosen and agreed upon between the Union and the Department and must be a licensed physician with knowledge of substance abuse disorders. The MRO shall be familiar with the characteristics of testing sensitivity, specificity, and predictive value, the laboratories running the tests and the medical conditions and work exposures of the employees. The role of the MRO will be to review and interpret the positive test results. He/she must examine alternate medical explanations for any positive test results. This action shall include conducting a review of the affected employee's medical history and review of any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. If the employee tests positive for cannabis, the MRO will determine, based on current scientific data and other evidence, if the cannabis more than likely caused the behavior or impairment that resulted in the administration of the test. No action will be taken against an employee for a positive cannabis test result unless the MRO draws a direct correlation between the behavior and cannabis use, and determines the employee was impaired while on duty or on call. If the MRO determines the employee was impaired while on duty or on call, the District may take appropriate disciplinary action against the employee. However, nothing in this Article shall preclude the employee from rebutting the findings of the MRO. If the MRO determines cannabis was not the probable cause of the behavior or impairment that resulted in the administration of the test, the MRO will not release any results of the cannabis portion of the test to the Department, all test samples will be destroyed, and records of the cannabis portion of the test expunged from the employee's file. Section 6. 10 - Voluntary Request for Assistance and Rehabilitation The District shall not seek to terminate any employee for violation of this article who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem. The opportunity for rehabilitation shall be granted for any employee who is not involved in any drug/alcohol related criminal activity and voluntarily admits to alcohol or drug abuse prior to 22 initiation of testing procedures. This voluntary request for assistance shall not be applied to probationary employees. Nothing is intended by this section or any other section in this Article to impair the ability of the District to discipline (up to and including discharge) the employee for the conduct which resulted either from the impairment or at the time the impairment was detected. Any member who voluntarily admits to the Chief his/her use of or dependence upon illegal drugs or alcohol (prior to testing) shall be afforded the opportunity to participate in a mutually acceptable rehabilitation program. This program shall include provisions (a) through (d) below. Employees failing to follow these sections or failing any test as provided therein shall be considered in violation of their voluntary treatment program and subject to discipline. The opportunity for rehabilitation (rather than discharge) shall be granted once for any employee who is not involved in any drug/alcohol related criminal activity and prior to initiation of an investigation of the member's use or sale of controlled substance by any competent state or federal authority provided the employee signs a last chance agreement containing the following: (a) The employee agreeing to appropriate treatment as determined by the physician(s) or other professionals involved; (b) The employee discontinuing his use of illegal drugs or consumption of alcohol; (c) The employee completing the course of treatment prescribed, including an after-care group for a period of at least twelve (12) months; and (d) The employee agreeing to submit to unlimited random testing at any time, including off duty hours, during the period of treatment and -after-care. Employees who do not agree to, and act in accordance with the foregoing shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the District to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. All treatment shall be made at the sole expense of the employee, to the extent not covered by the employee's health insurance benefits. Any rehabilitation opportunities shall be provided as per the current Employer provided health insurance benefits. Employees who voluntarily attempt rehabilitation and exceed their health care benefits allowed shall pay all remaining costs out of pocket. ARTICLE VII - NO STRIKE AND NO LOCKOUT Section 7.1 - No Strike Neither the Union, nor any of its officers or agents, nor any employee will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, secondary boycott, concerted other stoppage of work, concerted refusal to perform any work assignment, mass illness, slowdown or any other intentional interruption or disruption of the operations of the District, regardless of the reason for so doing. No employee covered by this Agreement shall refuse to cross any picket line, by whomever established, during their work time or in the performance of District related duties. 23 No employee shall engage in any picketing while on duty or while in uniform, or while on District property. Employees who hold a position of Union officer or steward occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Section. In addition, in the event of a violation of this Section, the Union agrees to inform all employees of their obligations under this Agreement and shall direct the employees to cease and desist from any activity which is in violation of this Agreement. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the District, and the only issue that may be raised in any proceeding in which such discipline or discharge is challenged is whether the employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent. Any action taken by the Employer against any employee who participates in a violation of this Article shall not be considered a violation of this Agreement and shall not be subject to the provisions of the grievance procedure. Section 7.2 - No Lockout The District will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union so long as there is good faith compliance by the Union and its members with this Article. Section 7.3 - Judicial Restraint Nothing contained in this Article shall preclude either party from obtaining judicial enforcement and relief including specific performance, injunctive relief, damages and attorney's fees in the event the other party violates this Article. ARTICLE VIII - GRIEVANCE PROCEDURE Section 8.1 - Definition A grievance is defined as a dispute or complaint arising under and during the term of this Agreement that there has been an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. Section 8.2 - Procedure Step 1: The Union or any employee who has a grievance shall submit the grievance in writing to the Deputy Chief specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the specific provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested. All grievances must be presented no later than ten (10) business days from the date of the occurrence of the event first giving rise to the grievance or within ten (10) business days of when any affected employee, through the use of reasonable diligence, could have known of the occurrence of the event giving rise to the grievance. The Deputy Chief shall render a written response to the grievant within ten (10) business days after the grievance is presented, unless extended by agreement of the parties. If the Deputy Chief does not render a decision within the time period the grievance shall be deemed denied as of the eleventh business day. Any issue not raised by the grievant at this initial step may not be presented at any subsequent step. Step 2: If the grievance is not settled at Step1 and the Union or the employee wishes to appeal 24 the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Fire Chief within ten (10) business days after receipt of the Deputy Chief's answer in Step 1, or within ten (10) business days of when the answer was due in Step 1. The Fire Chief shall render a written response to the grievant within ten (10) business days after the Step 2 grievance is presented, unless extended by agreement of the parties. If the Fire Chief does not render a written decision within the time period the grievance shall be deemed denied as of the eleventh business day. Any issue not raised by the grievant at either the first or second step may not be presented at any subsequent step. Step 3: If the grievance is not settled at Step2 and the Union or the employee wishes to appeal the grievance to Step 3of the grievance procedure, it shall be submitted in writing to the Board of Trustees within ten (10) business days after receipt of the Chiefs answer in Step 2, or within ten (10) business days of when the answer was due in Step 2. The Board of Trustees shall investigate the grievance and shall render a written response to the grievant within forty (40) calendar days after the Step 3 grievance is presented, unless extended by agreement of the parties. If the Board of Trustees does not render a written decision and deliver the decision to the grievant within this forty (40) day time p
