L4302 CBA 2020-2024.pdf

AGREEMENT BETWEEN CITY OF NAPERVILLE AND NAPERVILLE PROFESSIONAL FIREFIGHTERS UNION IAFF LOCAL 4302 January 1, 2020 – December 31, 2024 ARTICLE I - RECOGNITION AND REPRESENTATION.................................................................. 1 Section 1.1 Recognition........................................................................................................................................................................... 1 Section 1.2 Fair Representation.......................................................................................................................................................... 1 Section 1.3 Gender..................................................................................................................................................................................... 1 Section 1.4 New Hire Orientation....................................................................................................................................................... 1 ARTICLE II - DUES CHECK-OFF AND FAIR SHARE....................................................................... 2 Section 2.1 Voluntary Dues Check-off............................................................................................................................................... 2 Section 2.2 FIREPAC................................................................................................................................................................................. 2 Section 2.3 Indemnification................................................................................................................................................................... 2 ARTICLE III - UNION BULLETIN BOARD......................................................................................... 2 Section 3.1 Bulletin Board...................................................................................................................................................................... 2 Section 3.2 Use............................................................................................................................................................................................ 3 Section 3.3 Removal of Posted Material........................................................................................................................................... 3 Section 3.4. Union Responsibility...................................................................................................................................................... 3 ARTICLE IV - MANAGEMENT RIGHTS............................................................................................. 3 ARTICLE V - HOURS OF WORK AND OVERTIME.......................................................................... 4 Section 5.1 Purpose.................................................................................................................................................................................. 4 Section 5.2 Work Schedule.................................................................................................................................................................... 4 Section 5.3 Kelly Days.............................................................................................................................................................................. 4 Section 5.4 Overtime Pay........................................................................................................................................................................ 5 Section 5.5 Overtime Assignment Definitions............................................................................................................................... 5 Section 5.6 Remedy................................................................................................................................................................................... 7 Section 5.7 Special Deployment.......................................................................................................................................................... 7 Section 5.8 Emergency Holdover........................................................................................................................................................ 7 Section 5.9 Call Back Pay........................................................................................................................................................................ 7 Section 5.10 No Pyramiding.................................................................................................................................................................. 7 Section 5.11 Compensatory Time....................................................................................................................................................... 7 ARTICLE VI - GUIDELINES GOVERNING TRADE OF LEAVE OR WORK TIME................... 10 Section 6.1 Scheduling of Trade of Leave or Work Time....................................................................................................... 10 Section 6.2 48-Hour Rule..................................................................................................................................................................... 12 Section 6.3 Less Than 12-Hour Trades of Work Time............................................................................................................ 12 ARTICLE VII - LABOR-MANAGEMENT.......................................................................................... 13 ARTICLE VIII - SENIORITY, LAYOFF AND RECALL................................................................... 13 Section 8.1 Definition of Seniority................................................................................................................................................... 13 Section 8.2 Seniority in Rank............................................................................................................................................................. 13 Section 8.3 Probationary Period...................................................................................................................................................... 14 Section 8.4 FFIII / Advanced Firefighter...................................................................................................................................... 14 Section 8.5 Seniority List..................................................................................................................................................................... 14 Section 8.6 Layoff.................................................................................................................................................................................... 14 Section 8.7 Recall.................................................................................................................................................................................... 14 Section 8.8 Termination of Seniority............................................................................................................................................. 15 Section 8.9 Effects of Layoff............................................................................................................................................................... 15 ARTICLE IX - GRIEVANCE PROCEDURE....................................................................................... 15 Section 9.1 Definition............................................................................................................................................................................ 15 Section 9.2 Procedure........................................................................................................................................................................... 16 Section 9.3 Arbitration......................................................................................................................................................................... 17 City of Naperville and IAFF 4302 ii 2016-2019 CBA Section 9.4 Limitations on Authority of Arbitrator.................................................................................................................. 17 Section 9.5 Time Limit for Filing...................................................................................................................................................... 17 Section 9.6 Miscellaneous................................................................................................................................................................... 18 Section 9.7 Bypassing Steps............................................................................................................................................................... 18 Section 9.8 Exclusivity of Grievance Procedure........................................................................................................................ 18 ARTICLE X - NO STRIKE-NO LOCKOUT........................................................................................ 18 Section 10.1 No Strike........................................................................................................................................................................... 18 Section 10.2 No Lockout...................................................................................................................................................................... 19 Section 10.3 Penalty.............................................................................................................................................................................. 19 Section 10.4 Judicial Restraint.......................................................................................................................................................... 19 ARTICLE XI – WAGES......................................................................................................................... 19 Section 11.1 Salary Schedule............................................................................................................................................................. 19 Section 11.2 7(g) Compensation...................................................................................................................................................... 19 Section 11.3 Computation of Regular Hourly Rate.................................................................................................................. 20 Section 11.4 Education Pay................................................................................................................................................................ 20 Section 11.5 Experience Pay.............................................................................................................................................................. 20 Section 11.6 Paramedic Stipend....................................................................................................................................................... 20 Section 11.7 Personal Time................................................................................................................................................................ 20 Section 11.8 Shift versus Staff Differential.................................................................................................................................. 21 Section 11.9 Voluntary Reclassification from Firefighter/Paramedic to Firefighter................................................ 21 Section 11.10 Effect on Pay based on Promotion..................................................................................................................... 21 Section 11.11 Pay Periods and Direct Deposit........................................................................................................................... 22 Section 11.12 Holiday Stipend Pay – Shift Personnel............................................................................................................. 22 Section 11.13 Holiday Pay 40-Hour Work Week Employees.............................................................................................. 22 Section 11.14 Acting Out of Rank..................................................................................................................................................... 22 Section 11.15 Charge Paramedic Stipend.................................................................................................................................... 23 ARTICLE XII - MEDICAL, DENTAL AND LIFE INSURANCE...................................................... 23 Section 12.1 Health Insurance.......................................................................................................................................................... 23 Section 12.2 Dental Benefits.............................................................................................................................................................. 24 Section 12.3 Terms and Conditions of Coverage....................................................................................................................... 24 Section 12.4 Employee Premium Contributions....................................................................................................................... 24 Section 12.5 Medical Expense Reimbursement/Dependent Care Assistance Plans................................................. 24 Section 12.6 Life Insurance................................................................................................................................................................ 24 Section 12.7 Reopener Agreement.................................................................................................................................................. 24 Section 12.8 Joint Wellness/Fitness Committee....................................................................................................................... 24 ARTICLE XIII - SICK LEAVE.............................................................................................................. 25 Section 13.1 Sick Leave Accumulation and Use......................................................................................................................... 25 Section 13.2 Notification..................................................................................................................................................................... 26 Section 13.3 Documentation.............................................................................................................................................................. 26 Section 13.4 Advance Sick Leave..................................................................................................................................................... 27 Section 13.5 Termination Bonus...................................................................................................................................................... 28 ARTICLE XIV - OTHER LEAVES....................................................................................................... 29 Section 14.1 Funeral Leave................................................................................................................................................................. 29 Section 14.2 Jury Duty.......................................................................................................................................................................... 29 Section 14.3 Court Time/Witness Fees......................................................................................................................................... 30 Section 14.4 Military Leave................................................................................................................................................................ 30 Section 14.5 Short-Term Leave of Absence Without Pay...................................................................................................... 31 Section 14.6 Extended Leave of Absence Without Pay........................................................................................................... 31 Section 14.7 Disability Leave............................................................................................................................................................. 32 ARTICLE XV – VACATION................................................................................................................. 33 Section 15.1 Accrual.............................................................................................................................................................................. 33 City of Naperville and IAFF 4302 iii 2016-2019 CBA Section 15.2 Usage.................................................................................................................................................................................. 34 Section 15.3 Vacation Sellback.......................................................................................................................................................... 35 Section 15.4 Scheduling....................................................................................................................................................................... 35 Section 15.5 Credit for Prior City Service..................................................................................................................................... 36 Section 15.6 Conversion of Sick Leave.......................................................................................................................................... 36 Section 15.7 Death or Resignation.................................................................................................................................................. 36 ARTICLE XVI - TRAINING AND EDUCATION.............................................................................. 36 Section 16.1 Mandated and Required Training......................................................................................................................... 36 Section 16.2 Elective Training........................................................................................................................................................... 37 Section 16.3 Training Registration/Reimbursement.............................................................................................................. 37 Section 16.4 Approval For Attendance.......................................................................................................................................... 37 Section 16.5 Posting of Training Opportunities........................................................................................................................ 37 ARTICLE XVII - STATION BIDDING AND PERSONNEL TRANSFERS.................................... 38 Section 17.1 Station Assignments for 24-Hour Shift Employees....................................................................................... 38 Section 17.2 Procedure for Bidding Station Assignments.................................................................................................... 38 Section 17.3 Personnel Transfers.................................................................................................................................................... 39 Section 17.4 Hours of Work Considerations............................................................................................................................... 40 ARTICLE XVIII – QUARTERMASTER............................................................................................. 40 Section 18.1 Uniforms and Quartermaster System.................................................................................................................. 40 ARTICLE XIX - WELLNESS COMMITTEES.................................................................................... 41 Section 19.1 Safety Committee:........................................................................................................................................................ 41 Section 19.2 Wellness/Fitness Committee:...................................................................................................................................... 41 Section 19.3 Cancer Prevention and Awareness Committee:.................................................................................................... 41 ARTICLE XX - MISCELLANEOUS PROVISIONS............................................................................ 41 Section 20.1 Ratification and Amendment.................................................................................................................................. 41 Section 20.2 Medical Examination.................................................................................................................................................. 42 Section 20.3 Employee Assistance Plan........................................................................................................................................ 42 Section 20.4 Precedence of Agreement......................................................................................................................................... 42 Section 20.5 Physical Fitness Requirements.............................................................................................................................. 42 Section 20.6 Family and Medical Leave Act................................................................................................................................ 42 Section 20.7 Tuition Reimbursement............................................................................................................................................ 42 Section 20.8 Residency......................................................................................................................................................................... 42 Section 20.9 No Smoking Restrictions........................................................................................................................................... 42 Section 20.10 Alternate Duty............................................................................................................................................................. 43 Section 20.11 Contracting Out.......................................................................................................................................................... 44 Section 20.12 Return to Shift Training Assignment................................................................................................................ 45 Section 20.13 Repair or Replacement of Personal Items...................................................................................................... 45 Section 20.14 Pick Up Of Pension Contributions...................................................................................................................... 45 Section 20.15 VEBA................................................................................................................................................................................ 45 Section 20.16 Staffing........................................................................................................................................................................... 45 ARTICLE XXI - BOARD OF FIRE AND POLICE COMMISSIONERS.......................................... 48 ARTICLE XXII - DISCIPLINE, DISCHARGE & PERSONNEL RECORDS................................... 48 Section 22.2 Discipline and Discharge........................................................................................................................................... 49 Section 22.3 Administrative Leave Pending Investigation................................................................................................... 49 Section 22.4 Right to Representation............................................................................................................................................ 49 Section 22.5 Personnel Records....................................................................................................................................................... 49 Section 22.6 Removal of Disciplinary Records from Personnel File................................................................................ 49 Section 22.7 Firemen’s Disciplinary Act....................................................................................................................................... 50 Section 22.8 Pre-Termination Meeting......................................................................................................................................... 50 ARTICLE XXIII - OUTSIDE EMPLOYMENT................................................................................... 50 City of Naperville and IAFF 4302 iv 2016-2019 CBA ARTICLE XXIV - DEPARTMENT RULES........................................................................................ 51 ARTICLE XXV – PROMOTIONS........................................................................................................ 51 Section 25.1 General.............................................................................................................................................................................. 51 Section 25.2 Vacancies......................................................................................................................................................................... 51 Section 25.3 Eligibility Requirements........................................................................................................................................... 51 Section 25.4 Components of the Promotional Process and the Weighting of Components................................... 52 Section 25.5 Promotion Process Components........................................................................................................................... 52 Section 25.6 Scoring of Components and Posting of Preliminary Promotion List..................................................... 56 Section 25.7 Order of Selection......................................................................................................................................................... 56 Section 25.8 Duration of Final Promotion List........................................................................................................................... 57 Section 25.9 Right of Review............................................................................................................................................................. 57 ARTICLE XXVI - DRUG AND ALCOHOL TESTING....................................................................... 57 Section 26.1 Policy Statement........................................................................................................................................................... 57 Section 26.2 Voluntary Requests for Assistance....................................................................................................................... 57 Section 26.3 Prohibitions.................................................................................................................................................................... 58 Section 26.4 Drug and Alcohol Test Criteria............................................................................................................................... 58 Section 26.5 Order to Submit to Testing....................................................................................................................................... 58 Section 26.6 Tests To Be Conducted............................................................................................................................................... 59 Section 26.7 Right to Contest............................................................................................................................................................. 60 Section 26.8 Discipline......................................................................................................................................................................... 60 ARTICLE XXVII - SAVINGS CLAUSE............................................................................................... 60 ARTICLE XXVIII - ENTIRE AGREEMENT...................................................................................... 61 ARTICLE XXIX - DURATION AND TERM OF AGREEMENT...................................................... 61 APPENDIX A.............................................................................................................................................................................................. 63 APPENDIX B......................................................................................................................................... 67 APPENDIX C......................................................................................................................................... 69 Insurance Premium Monthly Maximum....................................................................................................................................... 69 APPENDIX D......................................................................................................................................... 69 APPENDIX E......................................................................................................................................... 71 APPENDIX F......................................................................................................................................... 79 APPENDIX F-1..................................................................................................................................... 81 APPENDIX G......................................................................................................................................... 89 City of Naperville and IAFF 4302 v 2016-2019 CBA AGREEMENT This Agreement is made and entered into by and between the CITY OF NAPERVILLE (hereinafter referred to as the “City”) and the NAPERVILLE PROFESSIONAL FIREFIGHTERS UNION, IAFF LOCAL 4302 (hereinafter referred to as the “Union”). PREAMBLE It is the intent and purpose of this Agreement to set forth the parties’ agreement with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of employment that will be in effect for employees covered by this Agreement; to prevent interruptions of work and interference with the operations of the City; to encourage harmonious labor-management relations, to provide effective and efficient services to the public; and to provide procedures for the prompt, equitable and peaceful adjustment of grievances as provided herein. The City and the employees covered by this Agreement regard themselves as public servants who agree to conduct themselves with honor and integrity, both on and off duty in order that they may merit the respect and confidence of the general public. NOW, THEREFORE, the parties agree as follows: ARTICLE I - RECOGNITION AND REPRESENTATION Section 1.1 Recognition. The City recognizes the Union as the sole and exclusive bargaining representative for all full-time sworn personnel employed by the City of Naperville Fire Department with the rank of Fire Captain and below. Persons encompassed within the above-referenced bargaining unit shall individually and collectively be referred to herein as “employee” and “employees.” Persons excluded from the bargaining unit are all other City employees, including but not limited to, the Fire Chief, Deputy Chief, Battalion/Bureau Fire Chiefs, any employee excluded from the definition of firefighter as defined in Section 1603(g) of the Illinois Public Labor Relations Act, civilian employees, part-time employees, and all other supervisory, managerial, professional, short-term and confidential employees as defined by the Act. Section 1.2 Fair Representation. The Union recognizes its responsibility as bargaining agent and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation. Section 1.3 Gender. Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be construed to refer to both male and female employees. Section 1.4 New Hire Orientation The City will provide a Union officer with an opportunity to share information regarding the Union and the collective bargaining agreement, as well as enrolling new hires in the IAFF VEBA, with a new hire or group of new hires during their initial orientation. The Union officer will not be compensated by the City for time spent during such orientation. City of Naperville and IAFF 4302 1 2016-2019 CBA ARTICLE II - DUES CHECK-OFF AND FAIR SHARE Section 2.1 Voluntary Dues Check-off. During the term of this Agreement the City will deduct from each employee’s regular paycheck the uniform, regular Union dues for each employee in the bargaining unit who has filed with the City a lawfully written voluntary dues authorization form. An employee may revoke his/her dues check-off authorization at any time by giving written notice to the Deputy Fire Chief, Human Resources and the Union President. The City will send the dues collected under this Section to the Union Treasurer, along with a list of names from whom deductions have been made, each pay period. The actual dues amount deducted, as determined by the Union, shall be uniform for each employee in order to ease the City’s burden in administering this provision. The Union may change the fixed uniform dollar amount once each year during the life of this Agreement by giving the City at least thirty (30) days advance written notice of any change in the amount of the uniform dues to be deducted. If an employee has no earnings or insufficient earnings to cover the amount of the dues deduction, the Union shall be responsible for collection of dues. The Union agrees to refund to the employee any amounts paid to the Union in error on account of this dues deduction provision. Employees who do not choose to become dues paying members of the Union shall have the option of paying a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union. Becoming a union member or paying union dues or alternatively a fair share fee is not a condition of employment and is strictly voluntary pursuant to the U.S. Supreme Court decision in Janus v. AFSCME. Section 2.2 FIREPAC The Employer agrees to deduct, monthly, FIREPAC deductions in an amount certified to be current by the Secretary-Treasurer of the Local Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted bi-weekly by the employer to the Treasurer of the Union. An employee may, at any time, on forms provided by the Union, revoke FIREPAC deduction and shall submit such revocation for to the City with a copy of such revocation form to the Union. Section 2.3 Indemnification. The Union shall indemnify and hold harmless the City, its elected representatives, officers, administrators, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken by the City for the purpose of complying with the provisions of this Article, or in reliance on any written check-off authorization furnished under any of the provisions of this Article. ARTICLE III - UNION BULLETIN BOARD Section 3.1 Bulletin Board. The City agrees to furnish suitable space for bulletin board (with a locking glass cover) of approximately 3 feet by 4 feet in a mutually agreeable, non-public area in each fire station, which the Union may use to post notices pursuant to the provisions of this Article. One set of keys to the bulletin board will be given to Fire Chief or Duty Chief, and the other keys shall be retained by the Union President or the President’s designee. No other Union notices or materials shall be posted on any other City property or equipment unless otherwise mutually agreed between the City and the Union. City of Naperville and IAFF 4302 2 2020-2024 CBA Section 3.2 Use. All postings on the Union bulletin boards shall be non-political, non-abusive, non-inflammatory, non- defamatory and non-discriminatory (in accordance with City policy). The Union will limit the posting of Union notices and/or bulletins to such bulletin boards. Section 3.3 Removal of Posted Material. If the City believes that material posted on any or all Union bulletin boards is in violation of this Article, the Fire Chief or his designee shall notify the Union President who shall promptly see to the removal of the material from the bulletin board. If the Union President is not available, the Fire Chief or Duty Chief may remove the material and notify an available Union Steward of such action. Any disputes about material which has been removed may be the subject of a grievance. Section 3.4. Union Responsibility. All costs incidental to preparing and posting Union material will be borne by the Union. The Union is responsible for posting approved material on its designated bulletin board and for maintaining such bulletin board in an orderly condition. ARTICLE IV - MANAGEMENT RIGHTS Except as specifically modified by any and all other articles of this Agreement, the Union recognizes that the City retains and does not waive all traditional rights to manage and direct the affairs of the City in all its various aspects not modified by the terms of this Agreement. The City recognizes that it shall act consistent with the authority granted to it under the Constitution, federal law and state law, except to the extent that rights under state law are not limited or are modified by the terms of this agreement, including the Management Rights provision. These rights and powers include but are not limited to the following: to plan, direct, control and determine all the operations and services of the City; to supervise and direct the working forces; to establish the qualifications for employment and to employ personnel subject to the Illinois Municipal Code, 65 ILCS 10.2-1-1 and the Firefighter Substitute Bill SB 834; to schedule and assign work and employees; to establish work and productivity standards and, from time to time, to change those standards; to assign overtime; to determine the methods, means, organization and number of personnel by which operations are conducted; to make, alter and enforce reasonable rules, regulations, orders, policies and procedures; to evaluate and promote employees; to demote, discipline, suspend and discharge employees for just cause (probationary employees without cause); to change or eliminate existing methods, equipment or facilities; and to carry out the mission of the City; provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. Notwithstanding the foregoing, the parties agree that in conditions of civil emergency (which may include, but are not be limited to, riots, civil disorders, tornado conditions, floods, or other catastrophes), as may be reasonably declared by the Mayor or his authorized designee, the City may temporarily suspend the provisions of this Agreement, provided that wage rates shall not be suspended, and provided that all provisions of this Agreement shall be promptly reinstated once a civil emergency condition ceases to exist. City of Naperville and IAFF 4302 3 2020-2024 CBA ARTICLE V - HOURS OF WORK AND OVERTIME Section 5.1 Purpose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. Nothing in this Article or Agreement shall be construed as a guarantee of hours. Section 5.2 Work Schedule. Bargaining unit personnel assigned to shift shall normally work a duty shift of 24 consecutive hours, beginning at 7:00 a.m., followed by 48 consecutive hours off. When an employee is scheduled for, or requests a 12-hour period of time off, the normal working hours would be from 7:00 a.m., to 7:00 p.m., or from 7:00 p.m., to 7:00 a.m., the following day. For purposes of Section 7K of the FLSA, the City has adopted a 27-day work cycle. Bargaining unit personnel assigned to 40-hour workweeks shall normally work an 8-hour day plus a one-hour unpaid meal period during a seven (7) day work cycle. Beginning and ending times may vary, as determined by the City, but are usually 7:00 a.m. to 4:00 p.m., or 8:00 a.m. to 5:00 p.m. Lunch periods will normally be scheduled after the third and before the sixth hour of the workday. If the employee is unable to take a lunch break due to operational issues, he shall be paid for the unused portion of his lunch break. From time to time a change in these work hours may be necessary or appropriate. The employee’s supervisor must approve this change. The City may offer flexible work schedules to personnel assigned to 40-hour workweeks. The employee’s supervisor and the Fire Chief must approve flexible work schedules. Should it be necessary in the City’s judgment to establish individual schedules departing from the normal work day, normal work week or work cycle; to change an employee’s shift assignment, or to temporarily change an employee’s assignment from shift work to a 40-hour workweek, e.g., for training, alternate duty assignment, other assignments for bona fide operational reasons, to a maximum of thirty (30) calendar days, unless otherwise agreed by the employee, the City will give, if practicable, at least 24 hours advance notice of such change to all employees whose normal work day, normal work week, and/or normal work cycle is changed. The Union and the City agree to allow bargaining unit employees assigned to 40-hour work week positions to work an alternative flexible schedule as outlined below, if the employee so chooses; The flex time schedule will be a nine day; 80-hour pay period with alternate Fridays off. The employee will work what is the equivalent of an 8.88-hour workday. Time off is accrued per section 15.1 of the CBA, however, time off will be debited on an 8.88-hour time frame under this flex-time election, changing the total numbers of days, but not altering the accrued hours as outlined in the CBA. For bargaining unit members electing to work this schedule, the union agrees to waive the terms set forth in Article V section 5.4, regarding overtime for 40-hour work week employees. Instead, the City and Union agree that overtime will be calculated as any time actually worked outside of their scheduled workday. Section 5.3 Kelly Days. Shift employees shall be granted one 24 hour Kelly day every 9th scheduled shift, in order to reduce average work hours to an annual average of 49.9 hours per week. The City shall schedule these Kelly City of Naperville and IAFF 4302 4 2020-2024 CBA Days (pursuant to Section 15.4, Step 1 scheduling) each year in order to reduce average work hours in compliance with Fair Labor Standards Act provisions. For overtime purposes, scheduled Kelly days shall not be considered hours worked. Shift seniority (i.e., most to least) shall be utilized to make initial Kelly day assignments. Work reduction days shall be taken on the assigned date and may not be exchanged, except among employees on the same shift pursuant to Section 6.1 of this Agreement. Section 5.4 Overtime Pay. Bargaining unit employees shall receive overtime pay or compensation time (see 5.11) at the rate of one and one-half (1.5) times their regular hourly rate of straight time pay for all hours actually worked outside their scheduled hours or in excess of 24 consecutive hours of actual work in a duty shift. Overtime shall be paid in fifteen-minute increments. Periods of less than fifteen minutes per day worked in excess of the normal workday shall not be counted when calculating overtime pay, in accordance with regulatory rounding rules. Overtime work must be approved by the employee’s Chief Officer, or his designee prior to the commencement of the work. Employees working a 40-hour work week shall be eligible for overtime at a rate of one and one-half (1.5) times the regular hourly rate of straight time pay or compensation time (see 5.11) for all hours worked in excess 40 hours in seven (7) day work cycle. Overtime work must be approved by the employee’s Bureau Chief or his designee prior to the commencement of the work. Section 5.5 Overtime Assignment Definitions. The Naperville Fire Department allocates overtime duty to serve a multitude of staffing needs. Overtime assignments typically fall into three different categories. 1. Shift Overtime – overtime duty distributed in order to satisfy the shift staffing levels determined necessary by the City to cover the routine delivery of emergency services by the Operations Division. 2. Non-Shift Overtime – overtime duty distributed to ensure staffing required for the completion of short-term or temporary staffing and other special duty assignments not associated with the routine delivery of emergency services. 3. Emergency Call-Out – overtime duty distributed in order to provide additional staffing to supplement response to community emergencies. This overtime may be restricted to individuals with specific or specialized training. Mandatory Overtime Assignment – The Fire Chief or his designee may mandatorily assign overtime work for shift or special duties to individual employees in accordance with the provisions of this Agreement. There will be a separate Mandatory Overtime Holdover List of all bargaining unit shift employees, which shall initially be created on the basis of reverse seniority. (New employees will be added to the top of the list when they become eligible.) If the City determines that it is necessary to hire back, the next employee on the list with the necessary qualifications and/or rank from the off going shift shall be used to fill the vacancy. If an employee works (or is assigned to work) the overtime, such employee shall not be mandatorily assigned overtime under this procedure until their name comes up again in rotation on the same List. This list will be kept in the Shift Commander’s Office. When personnel are assigned mandatory shift overtime, it shall be indicated on the daily staffing sheet. EXCEPTIONS TO PERSONNEL ON THE LIST FOR MANDATORY OVERTIME The following personnel shall normally be exempt from mandatory overtime, as set forth immediately above, in a specific instance: City of Naperville and IAFF 4302 5 2020-2024 CBA 1. Personnel who have worked or are scheduled to work 48 hours are exempt from mandatory shift holdover and their name shall be passed. 2. Personnel who are not on duty are exempt from mandatory overtime holdover, and their name shall be passed. 3. Personnel scheduled off the next shift day regardless of vacation, Kelly day or scheduled switch day (whether a.m., or p.m.) are exempt from mandatory shift holdover and their name shall be passed. 4. Probationary personnel will not be eligible for mandatory overtime until 90 days after successful completion of their initial NFD orientation/training program and subsequent assignment to shift duty. 5. If the individual next on the Mandatory Overtime Holdover List is ineligible due to rank not needed, that individual shall be passed over. Special Duty Overtime Callout: The City retains discretion to select employees for special duty overtime assignments which the City anticipates to last four (4) hours or less, and/or to cover City Council meetings. Postings for remaining special duty overtime will be made in three steps, if the City determines time allows: 1. Special duty overtime opportunities that occur with sufficient advance notice shall be posted in the Naperville Fire Department Official Correspondence to be filled on a first come, first serve basis. If appropriate, postings shall designate the specific level of skill, certification, special team membership, etc. required for the special duty overtime assignment. 2. If the overtime duty has not been filled within 21 days (or 7 days prior to the date of the special duty assignment) of the initial posting, an additional notification of the available overtime shall be transmitted by the Overtime Group Page. For short notice special duty overtime opportunities, i.e. less than 7 days’ notice, the overtime group page shall be used as the first step for this type of callout. 3. Any special duty overtime not filled 24 hours after transmission of the Overtime Group Page shall be assigned from the mandatory overtime holdover list of the shift preceding the date of the special duty assignment. Individuals who accept a special duty overtime assignment may not accept shift overtime that overlaps with any portion of the special duty overtime period. The Union shall be responsible for obtaining personnel for Regular Shift Overtime, Short Notice Shift Overtime, and Emergency Shift Overtime. When overtime is needed the Chief or his designee shall contact the designated Union representative and state where the overtime is needed and the duration of the overtime. The Union shall have reasonable discretion to change or modify the Overtime Callout Procedures for: Regular Shift Overtime, Short Notice Shift Overtime, and Emergency Shift Overtime, subject to the provisions of this Agreement. Any change to the Overtime Callout Procedures shall be subject to review by the City. City of Naperville and IAFF 4302 6 2020-2024 CBA Section 5.6 Remedy. In the event that an employee demonstrates he/she was not afforded an overtime opportunity to which the employee was clearly entitled under this Agreement, the sole remedy shall be to give such employee the opportunity to work the next available overtime assignment of a similar nature. Section 5.7 Special Deployment. In the event an employee is temporarily assigned to a special deployment in connection with a State mobilization of MABAS resources, said employee may be temporarily assigned a different work schedule. Hours worked will include time spent traveling to and from the remote location, and hours actually worked at the site, but will not include unassigned time or sleep time. During such special deployment, while temporarily assigned to a different work schedule, hours worked in excess of 49.9 in a seven-day (7) period shall be paid at the overtime rate or deployment policy rate, whichever is greater. Section 5.8 Emergency Holdover. All bargaining unit personnel are subject to emergency holdover. The Fire Chief or his designee may holdover an entire shift, or any part thereof, to deal with a situation that would constitute an ongoing emergency or work in progress. Every attempt will be made to release “Emergency Holdover” personnel as soon as possible. Section 5.9 Call Back Pay. Employees who are called back and report to work outside their normal hours of work (i.e., hours not contiguous to their normal shift or on a day not regularly scheduled) shall be paid for all hours actually worked outside their normal shift, with a minimum of two hours’ pay at the employee’s applicable rate. This provision shall not be applicable to scheduled overtime. Section 5.10 No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement, provided that the employee shall be paid under the applicable provision that provides the highest compensation. Section 5.11 Compensatory Time When an employee works a hire-back or otherwise earns compensatory time off, he may elect to bank the hours as compensatory time in lieu of receiving monetary compensation in that pay period. In consideration of the City offering this limited compensatory time, the City and the Union agree, in furtherance of Section 7 (o)(5) of the Fair Labor Standards Act, to place restrictions on the use of compensatory time under circumstances which they agree would constitute an “undue disruption” of the Department’s operations. This banked time may be used to take time off at a future date when the leave calendar might otherwise be full and prevent normal scheduling of time off, or in the case of a personal emergency where time off is needed. Effective January 1, 2012, any time accrued and categorized as Compensatory Time, will be transferred into a Hire-Back bank at one and one-half (1.5) hours per hour worked. The following procedure shall be followed for utilizing the Hire-Back Bank/Comp Time option: Accrual Limits: Banked time may be accumulated in increments of no less than 2 hours at a time. Time shall be banked at a rate of 1.5 times the number of hours worked (e.g., 24 hours worked equals 36 hours banked). 7(g) overtime will not qualify as bankable time. A maximum of 108 hours may be held in the bank at any one time. If the full amount would cause the balance accrued to exceed the maximum 108 hours, only that which will bring the balance to 108 hours will be banked and the remainder will be paid as overtime. City of Naperville and IAFF 4302 7 2020-2024 CBA Requesting to Use Hire-Back Bank Time: In order to request Hire-Back Bank time, the employee must at that time, have the equivalent of time and one half of the time requested in the bank. The time must be requested in increments of twelve (12) hours (0700-1900 hours, or 1900-0700 hours) or 24-hours (0700-0700). Hire-Back bank days may be used consecutively; however, they may not cause an individual to exceed ten (10) consecutive shift days off when combined with vacation, Kelly, and trade time. For advance scheduling of the Hire-Back Bank, employees shall submit an “adjustment to work schedule form” to the Shift Commander. All requests will be recorded with the date and time they are received. An employee must, at a minimum, notify the shift commander one hour prior to the start of their scheduled shift that they will be utilizing their Hire-Back bank. Requests for Hire-Back Bank use on the following holidays shall be denied: New Years Day, Easter, Fourth of July, Thanksgiving, Christmas Eve, Christmas Day, New Years Eve. Unduly Disruptive Days: If a hire-back is necessary to cover the employee’s requested time off, the Shift Commander shall so advise the employee as soon as practical. All Hire-Back and Force Back rules shall apply in order to fill vacancies caused by a Hire-Back Bank Request except as expressly modified by this Article. It is agreed by the parties that the implementation of such Hire-Back and Force Back rules will necessitate additional administrative and operational efforts in order to fill such hire-back slot(s), thus causing undue disruption to the Department’s operation. If a hire-back is necessary to cover the employee’s requested time off, the parties hereto agree that such request cannot be filled within a reasonable period of time without unduly disrupting the operations of the Fire Department. In such case, the employee shall have the following options as illustrated below: 1. To direct the shift commander to forgo the request for time off and requisition payment for 36 hours of banked time (e.g., 24 hours requested at time and a half equals 36-hour reduction in Hire-Back Bank) on the next regular payroll check: 2. To withdraw the request and to resubmit a request for leave at another time that does not cause a hire-back; 3. Take the leave requested; or, If the leave requested causes a hire-back, the scheduled employee taking the leave shall be designated as having taken an “unduly disruptive day” and the scheduled employee’s hire-back bank shall be reduced by time and one half for each hour granted off (e.g., 24-hour hire-back at time and a half equals 36 hour reduction in Hire Back Bank). If no hire-back is required, the request shall be deemed to be not unduly disruptive, and the employee taking the leave shall have his Hire-Back Bank reduced hour for hour (e.g., 24 hours off equals 24 hours’ reduction in Hire Back Bank). If, during the course of a shift, manning falls below the minimum and a hire back is needed (e.g., sickness or injury), the employee using his Hire-Back Bank will not be charged with an Unduly Disruption. In addition, employees will not be charged with an Unduly Disruption if the Deputy Chief, or his designee, raises the minimum manning for the day to staff additional vehicles. Sick calls do not constitute an unduly disruptive day. Overage Costs: The City should incur no additional overtime costs due to Hire-Back Bank usage. As such, when an over run/holdover occurs in Hire-Back Bank usages in increments of less than twenty- four (24) hours, the employee using the Hire-Back Bank time shall have the following options: The overage time will be charged to the employee using the Hire-Back Bank and his/her balance will be reduced accordingly to credit the employee providing coverage for the Hire-Back Bank usage (e.g., 1.5 hour reduction for each hour of overage). In such cases, the employee’s Hire-Back Bank will be allowed to accrue a negative balance. The Request to Use Hire-Back Bank Time form shall include an agreement which shall authorize the City to withhold from the employee’s compensation any amount needed to City of Naperville and IAFF 4302 8 2020-2024 CBA reimburse the City for any Hire-Back Bank time that he/she uses prior to being entitled to the time if the employee separates from service with the City. In the case of overage costs, the requesting and covering employees may mutually agree that the overage time be considered an emergency duty trade subject to approval of the Shift Commander and there will be no additional balance reduction. In the case of overage costs, the employee using the Hire-Back may submit a written request to the Fire Chief or his designee for both employees to be paid due to extenuating circumstances. Cash Out: If an employee elects to cash in any portion of their Hire-Back bank, a request shall be made by the employee through an approved electronic means. The City automatically will cash out any compensatory time in excess of 36 hours on December 31st of the year the time was earned. The accrued hours will be paid at the employee’s current regular rate. Indemnification: In consideration of the Employer’s agreement to allow employees to establish time due compensatory time banks and to schedule time due in accordance with the terms and conditions of this section, the Union agrees to the following: Subject to the parties’ agreements and adoption of the alternative procedure described in paragraph (b), The Union and its bargaining unit members agree to defend, indemnify, save and hold harmless the City, its officers, agents and employees, from any and all damages, costs, expenses and penalties arising from any complaint or allegation that these restrictions on the use of Hire-Back Bank/Compensatory Time do not comply with Section 7(o)(5) of the Fair Labor Standards Act regarding the use of compensatory time. Any and all disputes that may arise between the parties as to the administration of this section shall be resolved through the grievance arbitration procedure, ARTICLE IX of this agreement, except that such grievance shall be filed at Step 3. The parties’ agreement to utilize the grievance procedure to resolve any disputes arising under this section is based upon the authority vested in them under §§8 and 15(b) of the Act, 5 ILCS §§315/8, 315/15(b). Such agreement is also made in reliance upon the Supreme court’s decision in 14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456, 186 LRRM 2065 (2009), that such disputes shall include claims or allegations that any restrictions on the use of time due available to employees from their compensatory time banks as established under this section do not comply with §7(o) (5) of the FLSA, 29 USCA §207. In the event that any such grievance is advanced to arbitration, the parties further stipulate and agree that the arbitrator’s remedial authority shall be limited to making the grievant(s) whole by granting, consistent with applicable § 7 (o) standards of the FLSA, the cash value of any time due in dispute based on the then applicable overtime rate or awarding additional compensatory time off and shall have no authority to award any attorneys fees or any penalties against the parties Section 5.12 Electronic Timekeeping. 1. All bargaining unit employees must register their time worked by “punching” in and out of the City electronic time keeping system. As a convenience to employees, they will be permitted to punch in up to one-half hour before their start time. Thus, employees can punch in between 6:30 and 7:00 a.m. for their 7:00 a.m. start time. 2. There is no expectation that employees who punch in between 6:30 a.m. and 7:00 a.m. will perform work during that period. Any work performed during this half-hour period must first be approved by the employee’s company officer or authorized supervisory officer. City of Naperville and IAFF 4302 9 2020-2024 CBA 3. Company officers will have the ability to adjust any time punches that are made in error to assure accuracy of an employee’s record of worked time. 4. There is no expectation that any employee will be required to extend their workday for exchange shift meetings. 5. If the City determines that any of the above terms needs to be amended, added to, or otherwise changed, it shall not do so until it has consulted with the Union and engaged in any requested impact bargaining over the proposed change. ARTICLE VI - GUIDELINES GOVERNING TRADE OF LEAVE OR WORK TIME Section 6.1 Scheduling of Trade of Leave or Work Time. This Article applies to employees assigned to 24-hour shifts. The Deputy Chief shall be responsible for the overall administration of the FLSA calendar, however the Shift Commanders and the Captains who stand in for them shall be responsible for accurate documentation and consistent application of policy with regard to recording changes to scheduled time off or trade of work time on a daily basis. Changes to scheduled time off and trade of shift time may be allowed after the time off schedule has been established, provided this process does not become disruptive to Fire Department operations and provided City staffing requirements are met. The following guidelines shall normally apply: General Guidelines Personnel may request a change of leave or trade of work time in 12 or 24-hour increments. In order to complete a change of leave or trade of work time, employees must complete the “Adjustment to Work Schedule Request” form. The number of consecutive shift days off shall not exceed ten (10) at any time by combining Vacation, Kelly, Compensatory time, and/or Trade of Shift days. After having taken ten (10) consecutive shift days off, personnel must work a minimum of two (2) consecutive shift days before another day off can be scheduled/taken. A trade of work time shall not have the effect of increasing the number of compensable hours of work for employees. The hours worked by the substitute employee shall be excluded by the City in the calculation of hours for which the substitute employee would otherwise be entitled to compensation, including overtime compensation. If a substitute employee works another employee’s scheduled work shift in accordance with this Section, then the hours worked by the substitute employee shall only be counted as hours worked by the employee who was originally scheduled to work that shift. It is expressly understood that as a result of approving a voluntary request to exchange or trade shifts the City will not incur any overtime liability. A maximum of four (4) officers may be scheduled off on any shift day for each of the 10 fire stations. There shall be a minimum of two fire captains or one fire captain in the shift commander position and an acting captain. If a Shift Commander is scheduled to be off, personnel holding the rank of Captain shall fill the position of Shift Commander. City of Naperville and IAFF 4302 10 2020-2024 CBA Requests to move scheduled leave time must be received on the approved form with all relevant signatures and approval by the Shift Commander or his designate a minimum of three (3) calendar days in advance of the date of the earliest change requested. The Deputy Chief or his designate must approve requests for changes to scheduled time off less than three (3) calendar days out. All personnel will be limited to no more than three (3) change requests for each 12-hour period of scheduled time off during the FLSA calendar year, unless approved by the Deputy Chief or his designee. Swaps An intra-shift swap of scheduled time off between members of the same shift shall be treated as a change of scheduled time off. Employees may change or swap time with assigned Kelly time for vacated seniority numbers of the same shift only with the approval of the Deputy Chief or his designee. These swaps can only be approved 30 days prior to the vacated Kelly A maximum of three (3) changes are permitted for any 12-hour scheduled time off period, unless approved by the Deputy Chief or his designee. Personnel on the same shift who are in different Kelly Groups may mutually agree to exchange Kelly Groups once a year, prior to Step 1 of the scheduling process pursuant to Section 15.4. This exchange shall be permanent unless both parties agree to exchange Kelly Groups at a later date. Trades Requests for shift trades of scheduled work time between employees of different shifts must be approved by each of the Shift Commanders of the affected shifts or their designates. The trade request must be received by one of the Shift Commanders involved or their designates on the approved form with all relevant signatures normally three (3) calendar days in advance of the date of the earliest trade requested. In the case of unforeseen circumstances or events, trades shall be approved by a Shift Commander up to the start of the earliest affected shift. In extenuating circumstances, a Shift Commander may approve a trade of work time up to the start of an employee’s shift. Personnel from different shifts who agree to an inter-shift trade may elect to defer a payback date up to 12 months from the earliest trade date. Captains and Lieutenants may trade with each other provided that all other trade, time off, and City staffing requirements are met. It is understood that a trade request is a voluntary agreement between two parties. In the event neither half of the trade has been fulfilled and one of the parties leaves the Department, the agreement becomes null and void. It is understood that, upon separation from the Fire Department (retirement, resignation, termination) any outstanding trade time owed by the person leaving the City’s employment will be accounted for (paid back) out of the employee’s final pay check. If an employee becomes ill/injured after working their portion of a trade, the payback date may be changed, or may be deferred up to 12 months from the earliest trade date. Probationary personnel are eligible for trades with other probationary personnel immediately upon completion of their NFD orientation/training program assignment to shift, however trades with non-probationary personnel shall not occur until 90 days after successful City of Naperville and IAFF 4302 11 2020-2024 CBA completion of their initial NFD orientation/training program and subsequent assignment to shift. Personnel may voluntarily participate in a one-way trade with other personnel who are conducting Union business. There shall be no expectation of repayment of the trade by the City Section 6.2 48-Hour Rule. In order to ensure the safety of personnel and operations, Naperville Fire Department personnel may not work more than 48 consecutive hours of shift work. This includes, but is not limited to, scheduled shift time, trade time and shift overtime. A minimum 12-hour break is required after working 48 consecutive duty hours. This 48-hour restriction is not intended to prohibit an employee’s participation in non-shift activities including, but not limited to: Attendance at, or instruction of, Department-approved training sessions Stand-by at community / special events Attendance at meetings Fire Prevention / Public Education activities (i.e.: inspections, Safety Town, public education presentations, etc.) Notwithstanding the foregoing, under extenuating circumstances (e.g., emergency work in progress, community emergency or disaster), individuals may be required to work in excess of 48 hours by order of, or approval by, the Fire Chief or his/her designee. Section 6.3 Less Than 12-Hour Trades of Work Time. Shift employees may request a trade of scheduled work time for less than 12-hours provided: A less than 12-hour trade of work time amongst employees shall be voluntary by the participating employees. A less than 12-hour trade of work time shall be permitted on a position for position basis (i.e., company officer for company officer, firefighter/paramedic for firefighter/paramedic or firefighter, firefighter for firefighter) and shall not result in staffing deficits at the affected station or shift, as determined by the City. A trade of work time under this Section shall not have the effect of increasing the number of compensable hours of work for employees. The hours worked by the substitute employee shall be excluded by the City in the calculation of hours for which the substitute employee would otherwise be entitled to compensation, including overtime compensation. If a substitute employee works another employee’s scheduled work hours in accordance with this Section, then the hours worked by the substitute employee shall only be counted as hours worked by the employee who was originally scheduled to work that shift. It is expressly understood that as a result of approving a voluntary request to exchange or trade shifts, or portions thereof, the City will not incur any overtime liability. A less than 12-hour trade of work time may be for a period of time up to a maximum of eleven (11) consecutive hours. City of Naperville and IAFF 4302 12 2020-2024 CBA Employees trading time under this section shall obtain the approval of the Company officer. Less than 12-hour trades may be approved with limited notice, provided it meets the requirements within this section. Less than 12-hour trades of work time shall not be permitted as a routine or continual practice amongst individual employees over a period of time unless approved by the Deputy Chief. Trades under this Section may not be used to avoid being late for work. ARTICLE VII - LABOR-MANAGEMENT The City and the Union mutually agree that in the interest of efficient management and harmonious employee relations, it is desirable that meetings be held when mutually agreed to in advance between Union representatives and representatives of the City. Such meetings should be requested at least seven (7) days in advance by either party by placing in writing a request to the other for a “Labor-Management Meeting” and expressly providing the agenda for such a meeting. The other side may then add to the agenda and return the amended agenda to the other side. Such meetings and locations shall be mutually agreed to before being held and the purpose of any such meeting shall be limited to discussions concerning: The implementation and the general administration of this Agreement; A sharing of general information of interest to the parties; Changes in non-mandatory subjects of bargaining. It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Grievances shall not be considered at a “Labor-Management Meeting,” nor shall negotiations for the purpose of altering any of the terms of this Agreement be carried on at such meetings. Attendance at Labor-Management shall be limited to five (5) bargaining unit employees selected by the Union President and five (5) persons designated by the Fire Chief. No bargaining unit employee attending such meeting during his non-work time shall be compensated by the City, nor shall any bargaining unit employee attending such meeting during his or her working hours suffer any loss in compensation. ARTICLE VIII - SENIORITY, LAYOFF AND RECALL Section 8.1 Definition of Seniority. For purposes of this Article, seniority shall be based on the employee’s length of continuous full-time employment as a sworn firefighter in the employ of the City. Provided, however, seniority for any current firefighter who was employed by the City as a civilian paramedic immediately prior to their date of hire as a sworn firefighter will be based upon their original hire date as a civilian paramedic. Seniority shall not accrue during any period of time when the employee is in a non-paid status for thirty (30) or more consecutive days, such as a suspension or unpaid leave of absence, except as otherwise provided by law. Conflicts in seniority between two employees having the same accrued seniority shall first be resolved on the basis of hire date and, if a conflict still exists, then on the basis of their order of rank on the eligibility list from which they were hired, with the employee higher on the list being considered the more senior. Section 8.2 Seniority in Rank. Seniority in rank is defined as the employee’s length of continuous service in that rank based upon date and order of promotion. City of Naperville and IAFF 4302 13 2020-2024 CBA Section 8.3 Probationary Period. All new employees and those hired after their termination of seniority shall be considered probationary employees until they complete a probationary period of twelve (12) months of continuous employment. During an employee’s probationary period the employee may be suspended (for up to 3 duty days or less) or terminated by the City, with or without cause. No grievance shall be presented or entertained in connection with such a suspension or termination of any probationary employee. Section 8.4 FFIII / Advanced Firefighter. All bargaining unit employees are expected to attain Firefighter III, Advanced Firefighter or Office of the State Fire Marshal equivalent certification status through the Illinois Office of the State Fire Marshall within five (5) years of their date of hire. Employees who have not achieved this status shall be ineligible for promotion to a higher rank, or able to advance beyond step six (6) of the pay scale as defined in Appendix A. Section 8.5 Seniority List. Within four (4) weeks of the effective date of this Agreement, and thereafter on or before January 1 of each contract year or when changes are made, the City will post and provide the Union with a seniority list setting forth each employee’s seniority date, and each employee’s seniority in rank. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within fourteen (14) calendar days after the City’s posting of the list. Section 8.6 Layoff. The City, at its discretion, shall determine whether layoffs are necessary. If the City determines that layoffs are necessary, employees will be laid off as provided in 65 ILCS 5/10-2.1-18. No later than (30) calendar days prior to the effective date such a layoff, the City shall provide the Union a statement of the reasons necessitating the layoffs. The parties agree that the layoff of active employees shall be necessary only as a last resort after other cost saving alternatives have been fully considered. Upon request of the Union, the City agrees to meet and confer to discuss the reasons for the layoff, and to consider any Union proposed alternatives or methods to mitigate or avoid the layoff. Alternatives to layoff that shall be considered are: Seeking savings through reductions in budgeted expenditures Personnel reductions through attrition, including Voluntary Separation Incentives Re-deployment of existing Department resources to achieve savings Identification of additional sources of revenue for the services provided by the Fire Department The parties agree that the meet and confer process shall not delay the layoffs beyond the (30) day period, unless the parties agree to extend the period by mutual agreement. The parties further agree that the City shall have final authority whether to accept any proposed alternatives to layoffs and to implement layoffs, and that these decisions shall not be subject to either the grievance arbitration or interest arbitration process. Provided however, the Union reserves the right to file grievances limited to disputes relating to a claim that the City failed to follow the requirements of this article in administering any layoff process. The parties further agree that as to any negotiations as of the terms of a successor agreement each side reserves it’s respective rights, and this agreement is without prejudice to such rights. Section 8.7 Recall. Employees who are laid off shall be placed on a recall list. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. No new sworn personnel will be hired to perform bargaining unit work before the recall list described herein is exhausted. City of Naperville and IAFF 4302 14 2020-2024 CBA Employees who are on the recall list shall be given up to twenty-one (21) calendar days to report back to work from date of the notice of recall, provided that the employee must notify the Fire Chief or his designee of his intention to return to work within ten (10) days after receiving notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address last provided by the employee, with a copy to the Union, it being the obligation and responsibility of the employee to provide the Fire Chief or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice his name shall be removed from the recall list. Section 8.8 Termination of Seniority. Seniority and the employment relationship shall be terminated for all purposes if the employee: quits; is discharged in accordance with this Agreement; retires or is retired; has been laid off for a period of three (3) years or more; or Accepts gainful employment while on an approved unpaid leave of absence from the Fire Department, unless the employee received specific prior written consent from the City Manager that seniority would not terminate. The City may terminate an employee’s seniority for all purposes and the employment relationship if the employee: is absent for two (2) consecutive regularly scheduled work days without notice or authorization, unless there are extraordinary circumstances beyond the employee’s control that prevent notification; fails to report to work at the conclusion of an authorized leave of absence or vacation unless there are extraordinary circumstances beyond the employee’s control that prevent notification; is laid off and fails to notify the Fire Chief or his designee of his intention to return to work within ten (10) days or to report for work within twenty-one (21) days after having been recalled. The foregoing list shall not be construed as a limitation upon the City’s right to discharge employees for cause (probationary employees without cause), in accordance with the terms of this Agreement. Section 8.9 Effects of Layoff. During the term of this Agreement, if the City exercises its discretion to layoff an employee, then the employee shall be afforded an opportunity to maintain the medical insurance in effect at the time of layoff by paying, in advance, the full applicable monthly premium for their insurance coverage. If an employee opts to maintain medical insurance under this section, then such employee shall be permitted to continue the insurance coverage for a period of up to twenty-four (24) months from the date of layoff. Employee rights and benefits under this section are subject to the terms and conditions of the applicable insurance policy or plan. An employee who is laid off will be paid for earned, but unused, vacation time. Any other payments for accrued time, if any, shall be governed by the applicable article or section of this Agreement. ARTICLE IX - GRIEVANCE PROCEDURE Section 9.1 Definition. City of Naperville and IAFF 4302 15 2020-2024 CBA A “grievance” is defined as a complaint arising under this Agreement raised by an employee or the Union against the City that there has been an alleged violation, misinterpretation or misapplication of a specific provision of this Agreement. Section 9.2 Procedure. The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter or is not utilized, the grievance will be processed as follows: STEP 1: An employee, with or without the Union, or the Union alone in the case of a Union 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 provision or provisions of this Agreement which are alleged to have been violated, the relief requested and the signature of the grievant. If the employee’s regular Shift Commander is absent or unavailable during the period of time in which a grievance must be filed, then the grievance shall be presented to the Deputy Chief. All grievances must be presented no later than seven (7) calendar days from the date of the first occurrence of the matter giving rise to the grievance or no later than seven (7) calendar days after the grievant, through the use of reasonable diligence, could have become aware of the occurrence of the matter giving rise to the grievance. (this timeline may be extended if mutually agreed upon by both parties.) The Deputy Chief or his designee shall offer to meet with the grievant and a Union Representative, if desired by the grievant, to discuss the grievance within seven (7) calendar days after his receipt of the grievance from the grievant. The Deputy Chief shall render a written response to the grievant and the Union within seven (7) calendar days after the Step One grievance meeting, if any. If no such meeting is held then the Deputy Chief shall respond to the grievance within seven (7) calendar days after his receipt of the grievance. STEP 2: Grievance is not settled at Step 1 and the grievant wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Fire Chief or his designee within seven (7) calendar days after receipt of the City’s answer at Step 1 or his/her designee. The grievance shall state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The Fire Chief or his designee shall offer to meet with the grievant and, if desired by the grievant, a Union Representative to discuss the grievance within seven (7) calendar days after his receipt of the grievance from the grievant. The Fire Chief or his designee shall then provide a written answer to the grievant and the Union within seven (7) calendar days after the Step 2 grievance meeting, if any. If no such meeting is held then the Fire Chief or his designee shall respond to the grievance within seven (7) calendar days after his receipt of the grievance. STEP 3: If the grievance is not settled at Step 2 and the grievant wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the City Manager or his designee within seven (7) calendar days after receipt of the City’s answer at Step 2. The grievance shall state the basis upon which the grievant believes the grievance was improperly denied at the previous step in the grievance procedure. The City Manager, or his designee, shall offer to meet with the grievant and a Union Representative/Employee’s legal representation, if desired by the grievant, to discuss the grievance within ten (10) calendar days after his receipt of the grievance from the grievant. The City Manager or his designee shall then provide a written answer to the grievant and the Union within ten (10) calendar days after the Step 3 meeting, if any. If City of Naperville and IAFF 4302 16 2020-2024 CBA no such meeting is held then the City Manager or his designee shall respond to the grievance within ten (10) calendar days after his receipt of the grievance. Section 9.3 Arbitration. If the grievance remains unresolved, the Union may, by written notice to the City Manager, invoke arbitration as described below within fifteen (15) calendar days after receipt of the City Manager’s answer at Step 3, or within fifteen (15) calendar days of the date such answer was due. The parties shall attempt to agree upon an arbitrator within ten (10) days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said ten (10) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators who are members of the National Academy of Arbitrators residing in Illinois, Wisconsin, or Indiana. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted before the striking process begins. The parties shall determine by the toss of a coin who shall strike first, then alternately strike names until one arbitrator is selected. The person remaining shall be the arbitrator. The arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. The City and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. The parties may agree to waive this requirement. More than one grievance may be submitted to the same arbitrator where both parties mutually agree in writing. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 9.4 Limitations on Authority of Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step, unless otherwise mutually agreed by the parties. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable federal laws, applicable state laws (not otherwise superseded by a lawful provision of this Agreement pursuant to Section 15 of the Illinois Public Labor Relations Act), or of rules and regulations of administrative bodies that have the force and effect of applicable law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section shall be final and binding. Section 9.5 Time Limit for Filing. No grievance shall be entertained or processed unless it is submitted at Step 1 within seven (7) calendar days after the first occurrence of the event giving rise to the grievance or within seven (7) City of Naperville and IAFF 4302 17 2020-2024 CBA calendar days after the employee or the Union, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. If a grievance is not presented by the employee within the time limits set forth above, it shall be considered “waived” and may not be pursued further. If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the City’s last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The parties may by mutual agreement in writing extend any of the time limits set forth in this Article. Section 9.6 Miscellaneous. No member of the bargaining unit who is serving in an acting capacity shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representation made by any member of the bargaining unit shall impose any obligation or duty to be considered to be authorized by or binding upon the City unless and until the City has agreed thereto in writing. Employees selected by the Union to act as Union Representatives in the grievance procedure shall be known as “Stewards.” The names of the employees selected as Stewards and employees serving as Union Executive Board members who may represent employees at Steps 1-3 of the grievance procedure shall be certified in writing to the City by the Union. Grievance meetings shall be scheduled in a manner that does not interfere with City operations. A Union Representative will be allowed to represent an employee-grievant at a meeting held pursuant to Steps 1-3, if so requested, during his working hours, if necessary, without loss in pay. Self-Representation. Nothing herein shall prohibit an employee from exercising his/her right to self representation under steps one thru three of the grievance procedure, so long as any grievance settlement does not violate the terms of this collective bargaining agreement and a copy of the settlement agreement is provided to the Union, and provided a Union Representative was afforded an opportunity to be present at any settlement conference. The City and the Union may, by mutual agreement in a specific case, agree to utilize an expedited arbitration procedure. Section 9.7 Bypassing Steps. The parties may by mutual written agreement in a specific instance, agree to bypass one or more steps of the grievance procedure. Section 9.8 Exclusivity of Grievance Procedure. The grievance procedure set forth in this Article shall be the sole and exclusive means for discussing and processing items subject to the grievance procedure. ARTICLE X - NO STRIKE-NO LOCKOUT Section 10.1 No Strike. During the term of this Agreement, neither the Union nor any officers, agents or employees covered by this Agreement will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, concerted stoppage of work, concerte

L4302 CBA 2020-2024.pdf

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