CBA For BC Process PDF
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New Lenox Fire Protection District
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Summary
This document outlines the collective bargaining agreement (CBA) for temporary upgrading, sick leave procedures, and fitness for duty examinations for employees. It covers compensation, notification procedures, and potential disciplinary actions for abuse of sick leave. The document focuses on clarifying employee rights and responsibilities.
Full Transcript
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 positio...
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. 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 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 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 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 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 period, the grievance shall be deemed denied and the Union may refer the grievance to arbitration. Section 16.1 - Educational/Training Process Each fiscal year the District will set aside an annual allocation for each full-time bargaining unit member for education and training. The amount of the allocation shall be no more than \$1,750.00 per fiscal year per non-probationary employee and will be pro-rated for probationary employees after six months of credible service. Battalion Chiefs may request additional allowance above the listed subject to Fire Chief approval, which shall be granted or denied in the sole exercise of his/her discretion. Generally, the District will make every possible effort to provide opportunities for education and training outside the District with the objectives of furthering the qualifications of employees to perform their duties for the District. It shall be the responsibility of the employee to take advantage of all District-initiated training. The Employer will pay for preapproved classes for employees with at least six months of credible service, up to the maximum dollar amount allocated for the fiscal year as provided in this Agreement for tuition and books for courses related to the fire service, rescue, and emergency medical areas and for courses necessary to complete degrees in these areas. To be eligible for such allocation, the employee must obtain advance approval of the Fire Chief or designee before taking the course, which such approval shall not be unreasonably withheld. If the employee doesn\'t complete the course with a passing grade, \"passing grade\" means a \"C\" or better for classes that provide a letter grade, \"P\" for classes that are pass/fail, and a certificate of completion for classes that do not give grades the employee will repay the district for the cost accrued thru payroll reduction, split equally over three pay periods. The employee shall provide documentation as requested by the Employer to verify costs, course completion, and grade, etc. Such courses shall be limited to the continental United States. An employee who wants may donate his/her allocation to another full-time employee once every two years if they have less than or equal to 5 years of service with New Lenox and once every year if they have more than 5 years of service with New Lenox. This donation must be done in writing to the Fire Chief or their designee. Approval is at the discretion of the Fire Chief or his/her designee and such request shall not be unreasonably withheld. An employee who wants to take outside classes or training that are not mandated must complete a Training Request form and submit it to the Fire Chief or his/her designee for approval. Approval is at the discretion of the Fire Chief or his/her designee and such request shall not be unreasonably withheld. The following conditions shall also apply: \(a) The District shall provide shift coverage for employees for classes, seminars, and training sessions that the District mandates that the employee attends. \(b) The District may allow members to attend approved classes while on duty, as long as the minimum staffing requirements are maintained, up to a maximum of 12 hours per shift. If there is a conflict on who attends a District approved class, the time of submission through staffing software will prevail and mandatory classes will take priority. Members must make this coverage request a minimum of 2 weeks prior to the start of class. \(c) Any employee attending an approved class is not considered eligible for mandatory overtime for the duration of the class unless there is no other option.