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INDEX
PREAMBLE................................................................................................................................... 1
ARTICLE I: Recognition............................................................................................................... 1
Section 1.1 - Recognition...................................................................................................... 1
Section 1.2 - Union Membership.......................................................................................... 1
Section 1.3 - Scope of Bargaining....................................................................................... 1
Section 1.4 - Non-Discrimination......................................................................................... 1
Section 1.5 - Gender............................................................................................................. 2
ARTICLE II: Management Rights................................................................................................ 2
Section 2.1 - Management Rights........................................................................................ 2
ARTICLE III: Dues Deduction and Indemnification.................................................................... 2
Section 3.1 - Dues Checkoff................................................................................................. 2
Section 3.2 - Dues Checkoff Form...................................................................................... 2
Section 3.3 - Amount of Dues Checkoff.............................................................................. 3
Section 3.4 - Authorization of Dues Checkoff..................................................................... 3
Section 3.41-Fair Share Deductions................................................................................... 3
Section 3.5 - WELFARE Fund Checkoff Forms................................................................ 4
Section 3.6 - Amount of WELFARE Fund Checkoffs........................................................ 4
Section 3.7 - Authorization of WELFARE Fund Checkoffs.............................................. 4
Section 3.8 - Union Indemnification .................................................................................... 4
Section 3.9 - Due Dates for Checkoffs................................................................................ 5
ARTICLE IV: Union Activity.......................................................................................................... 5
Section 4.1 - General............................................................................................................. 5
Section 4.2 - Political Activity............................................................................................... 5
Section 4.3 - Attendance at Union Functions...................................................................... 5
Section 4.4 - Bulletin Boards/Records Filing...................................................................... 5
ARTICLE V: Labor/Management Meetings............................................................................... 6
Section 5.1 - Labor/Management Meetings....................................................................... 6
ARTICLE VI: Work Rules and Regulations................................................................................ 6
Section 6.1 - Rules and Regulations.................................................................................... 6
Section 6.2 - Right to Grieve ................................................................................................ 6
Section 6.3 - Notices............................................................................................................. 6
ARTICLE VII: Grievances............................................................................................................ 6
Section 7.1 - Definition.......................................................................................................... 6
Section 7.2 - Filing Grievances............................................................................................ 7
Section 7.3 - Processing Grievances.................................................................................. 7
Section 7.4 - Time Limits for Filing...................................................................................... 8
Section 7.5 - Arbitration........................................................................................................ 8
Section 7.6 - Selection of Arbitrator..................................................................................... 8
Section 7.7 - Authority of Arbitrator...................................................................................... 9
Section 7.8 - Payment of Arbitration Costs......................................................................... 9
Section 7.9 - Time-Off........................................................................................................... 9
Section 7.10 - Appeals of Suspension, Demotion or Dismissal...................................... 9
ARTICLE VIII: Discipline............................................................................................................ 10
Section 8.1 - Discipline....................................................................................................... 10
Section 8.2 - Progressive Disciplinary Procedures......................................................... 10
Section 8.3 - Exceptions to Progressive Disciplinary Procedures................................ 11
Section 8.4 - Alternative Disciplinary Procedures Under E.A.P..................................... 11
ARTICLE IX: Hours of Work and Scheduled Overtime.......................................................... 12
Section 9.1 - Application of This Article............................................................................ 12
Section 9.2 - General.......................................................................................................... 13
Section 9.3 - Normal Workday and Workweek................................................................ 13
Section 9.4 - Scheduled Overtime..................................................................................... 13
ARTICLE X: Non-Scheduled Overtime and Call Back........................................................... 14
Section 10.1 - Non-Scheduled Overtime and Call Back................................................. 14
Section 10.2 - No Pyramiding............................................................................................ 15
Section 10.3 - Rotation of Overtime.................................................................................. 15
ARTICLE XI: Seniority............................................................................................................... 16
Section 11.1 - Definition..................................................................................................... 16
Section 11.2 - Probationary Period................................................................................... 16
Section 11.3 - Layoffs......................................................................................................... 16
Section 11.4 - Determination of Seniority for Same Day Hires...................................... 16
Section 11.5 - Termination of Seniority............................................................................. 16
ARTICLE XII: Wages................................................................................................................. 17
Section 12.1 - Wages......................................................................................................... 17
Section 12.2 - Hourly Rate.................................................................................................. 17
Section 12.3 - Step Increases............................................................................................ 17
Section 12.4 - Longevity..................................................................................................... 18
Section 12.5 - Merit Increases........................................................................................... 18
Section 12.6 - Pay Periods and Paydays......................................................................... 19
Section 12.7 - Temporary Appointment/Out-of-Rank Pay............................................... 19
Section 12.8 - Pensions...................................................................................................... 19
Section 12.9 - Certifications............................................................................................... 19
Section 12.10 - Paramedic Certification.......................................................................... 20
ARTICLE XIII: Promotions......................................................................................................... 22
Section 13.1 - Promotions.................................................................................................. 22
Section 13.3 - Weighting.................................................................................................... 22
Section 13.4 – Grieving...................................................................................................... 22
Section 13.2 – Salary at Promotion................................................................................... 23
ARTICLE XIV: Leaves............................................................................................................... 23
Section 14.1 - Vacation Leave........................................................................................... 24
Section 14.2 - Official City Holidays.................................................................................. 24
Section 14.3 - Personal Leave........................................................................................... 24
Section 14.4 - Scheduling of Paid Time Off..................................................................... 25
Section 14.5 - Sick Leave.................................................................................................. 25
Section 14.6 - Bereavement Leave................................................................................... 26
Section 14.7 - On-the-Job Disability Leave...................................................................... 26
Section 14.8 - Military Leave.............................................................................................. 26
Section 14.9 - Special Leave............................................................................................. 27
Section 14.10 - Medical Leave.......................................................................................... 27
Section 14.11 - Leaves of Absence.................................................................................. 27
Section 14.12 - Jury Leave................................................................................................. 27
Section 14.13 - Temporary Assignment........................................................................... 28
Section 14.14- Buy Back of Paid Leave Time ............................................................... 28
ARTICLE XV: Uniform Allowance............................................................................................ 29
Section 15.1 - Uniform Allowance...................................................................................... 29
Section 15.2 - Damage to Personal Property.................................................................. 29
ARTICLE XVI: Educational Reimbursements......................................................................... 29
Section 16.1 - Educational Reimbursements................................................................... 29
ARTICLE XVII: In-Service Training........................................................................................... 29
Section 17.1 - General Training......................................................................................... 29
Section 17.2 - In-Service E.M.T. Training......................................................................... 30
Section 17.3 - Maintenance................................................................................................ 30
ARTICLE XVIII: Rock Island Municipal Employees' Health Benefit Plan.............................. 30
ARTICLE XIX: Safety and Health............................................................................................. 30
Section 19.2 - Unsafe Conditions...................................................................................... 30
Section 19.3 - Scheduling of Manpower........................................................................... 30
Section 19.4 - Station Security........................................................................................... 31
ARTICLE XX: Subcontracting................................................................................................... 31
Section 20.1 - Subcontracting............................................................................................ 31
ARTICLE XXI: No Strike - No Lockout..................................................................................... 31
Section 21.1 - No Strike...................................................................................................... 31
Section 21.2 - No Lockout.................................................................................................. 31
Section 21.3 - Penalty......................................................................................................... 32
Section 21.4 - Relocation................................................................................................... 32
ARTICLE XXII: Savings Clause................................................................................................ 32
ARTICLE XXIII: Precedence of Agreement............................................................................. 32
ARTICLE XXIV: Termination..................................................................................................... 32
ARTICLE XXVI: Entire Agreement 33
This agreement, entered into upon the execution of this agreement by the parties, between the City of Rock Island, Illinois,(hereinafter referred to as the "City") and the Rock Island Firefighters, Local #26 of the International Association Of Firefighters, AFL-CLO, CLC (hereinafter referred to as "IAFF #26"). Whereas, it is the intent and purpose of the parties to set forth herein their entire agreement covering rates of pay, wages, hours of employment and other conditions of employment; to achieve and maintain harmonious relations between the City and the Union; to increase the efficiency and productivity of employees in the Fire Department and to provide for the prompt and fair settlement of grievances without any interruption of or other interference with the operation of the Fire Department; now, therefore, in consideration of the mutually covenant and agree as follows:
ARTICLE I
Section 1.1 Recognition
The City formally recognizes IAFF #26 as the sole and exclusive bargaining agent for full-time employees on permanent status in the following class specifications:
Class Code Class Specification:
331 Firefighter
365 Fire Lieutenant
373 Fire Captain
382 Fire Training Officer
381 Fire Battalion Chief
387 Fire Marshal
The Fire Chief, Assistant Fire Chiefs and any civilian personnel of the Rock Island Fire Department are excluded from the bargaining unit.
All bargaining unit employees as defined in Section 1.1 shall be eligible to join the Union upon appointment to permanent status after the conclusion of their probationary period.
Section 1.3 Scope of Bargaining
The City and IAFF #26 shall negotiate in good faith with respect to wages, hours and terms and conditions of employment as well as the impact therein, according to the provisions of the Illinois Public Labor Relations Act (5-132).
There shall be no discrimination, restraint or coercion by the City or the Union for or against any employee because of membership or non-membership in the Union. (b) in accordance with applicable Federal and State Law, neither the City nor the Union shall discriminate against any employee covered by this agreement because of race, creed, color, national origin, sex, or political affiliation. To the extent not prohibited by state laws concerning pension, disability and/or civil service and with the understanding that this bargaining unit includes emergency service personnel required to meet certain physical standards, neither the City nor the Union shall discriminate against handicapped individuals.
Wherever the male gender is used in this Agreement, it shall be construed to include both males and females equally, unless in the context of the provisions the feminine gender is clearly inappropriate.
ARTICLE II
Management Rights
The City shall maintain all rights reserved to it pursuant to state law. The employer retains the exclusive right to manage operations, determine policies, budget and operations, the manner of exercise of statutory functions and the direction of working forces including, but not limited to the right to hire, promote , demote, transfer, evaluate, allocate and assign employees; to discipline, suspend and discharge for just cause; (probationary employees without cause); to relieve employees from duty because of lack of work or other legitimate reasons; to determine the size and composition of the work force; to make and enforce rules of conduct and regulations; to determine the departments, divisions and section and work to be performed therein; to determine the number of shifts per work week; to establish work schedules and assignments; to introduce new methods of operation; to eliminate, contract out , relocate or transfer work and maintain efficiency; provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement.
ARTICLE III
Dues Checkoff and Indemnification
Upon receipt of a properly signed and completed authorization form for dues checkoff or for the WELFARE Fund checkoff, the City shall deduct the regular monthly dues for each from such employee's pay according to the provisions of this section.
Authorization forms for dues checkoff shall be provided by the City and must be properly completed and signed and received by the Finance Director on or before the end of the pay period immediately preceding the pay period in which the payroll deduction is desired.
Section 3.3 Amount of Dues Checkoff
The Secretary /Treasurer of IAFF #26 shall inform the Finance Director in writing of the amount of the monthly dues (uniform in dollar amount) to be deducted on or before the end of the pay period immediately preceding the pay period in which the payroll deduction is desired. Deductions for Union dues shall be made on the first payday of each month and shall be promptly remitted to the Secretary /Treasurer of IAFF #26 or his/her designee.
Section 3.4 Authorization of Dues Checkoffs
The City will deduct Union dues only for those employees who have properly signed an authorization for dues checkoff form and who are employed in a classification which IAFF #26 is authorized to represent.
Section 3.41 Fair Share Deductions
Employees covered by this agreement who are hired after the effective date of this agreement or employees hired prior to the effective date of this agreement who are members of Local #26 who after the effective date of this agreement at any time discontinue their membership in IAFF Local #26 shall be required to pay to the union in lieu of dues, their proportionate fair share of the costs of the collective bargaining process, contract administration, and the pursuance of matters affecting wages, hours, and conditions of employment in accordance with 5 ILCS 315/1, and the employees’ constitutional status as public employees. Employees hired prior to the effective date of this agreement who are not members of the union after the effective date of this agreement shall not be required to pay fair share unless and until such time as the employee chooses to join the union and then, after the effective date of this agreement, chooses to discontinue his/her membership in the union.
The fair share payment, as certified by the union, shall be deducted by the City from the earnings of the nonmember employees and shall be remitted monthly to the union at the address designated in writing by said union to the City. The union shall advise the City of any increase in fair share fees in writing at least fifteen (15) days prior to its effective date. The amount constituting each nonmember employee’s share shall not exceed dues uniformly required of union members. The requirements of this paragraph shall be subject to the following:
a. Religious Exemption- Should any employee be unable to pay their contribution to the union based upon bona fide religious tenets or teaching of a church or religious body of which such employee is a member, such amount equal to the employee’s fair share shall be paid to a nonreligious charitable organization mutually agreed upon by the employee affected and the union. If the union and the employee are unable to agree on the matter, such payments shall be made to a charitable organization from an approved list of charitable organizations. The employee will on a monthly basis furnish a written receipt to the union that such payment has been made.
b. Notice and Appeal Rights-No later than 30 days prior to the first deduction of a fair share fee from any employee’s paycheck, the union shall provide notice to all employees who are not union members as defined above of the expenditures for which fair share payers are charged and those for which they are not charged together with an explanation of the manner in which the fee is calculated and the manner in which the fee may be appealed. Within five (5) days of the execution of this Agreement, the City shall provide the union with a current list of all employees covered by this agreement who have not executed dues checkoff authorizations and shall include their home addresses on said list.
c. Minimum Voluntary Support-The fair share deduction shall only be made from the earnings of any employee covered by this Agreement during those periods of time throughout the term of this Agreement that the union maintains dues checkoff authorizations from more than fifty percent (50%) of the non-probationary employees in the bargaining unit. In the event that the dues paying membership of the union is fifty percent (50%) or less of the non-probationary employees in the bargaining unit, no such deductions shall be made unless and until the greater than fifty (50%) requirement is met.
d. Indemnification- The union shall indemnify, defend, and hold the City harmless against any claim, demand, suit, or liability; including attorney fees, costs, and the reasonable expenses of defense; arising from any action taken by the City in complying with this Article.
Section 3.5 WELFARE Fund Checkoff Forms
Authorization forms for the WELFARE Fund deductions must be properly completed, signed and received by the Finance Director on or before the end of the pay period immediately preceding the pay period in which the deduction is to begin.
Section 3.6 Amount of WELFARE Fund Checkoffs
The Secretary/Treasurer of IAFF #26 shall inform the Finance Director in writing of the amount of the monthly dues (uniform in dollar amount) to be deducted for the WELFARE Fund on or before the end of the pay period immediately preceding the pay period in which the deduction is to begin. Deductions for the WELFARE Fund shall be promptly remitted to the Secretary/Treasurer of IAFF #26 or his/her designee.
Section 3.7 Authorization of WELFARE Fund Checkoffs
The City will deduct dues for the WELFARE Fund only for those employees who have properly signed an authorization for such deductions and who are employed in a classification which IAFF #26 is authorized to represent and who have been authorized by the Secretary/Treasurer of IAFF #26 as being eligible for membership in the Fund.
Section 3.8 Union Indemnification
IAFF #26 shall indemnify the City and hold it harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purpose of complying with the provisions of this section.
Section 3.9 Due Dates for Checkoffs
Authorizations for due checkoffs or for the WELFARE Fund checkoffs which are not received on or before the specified deadlines shall not be honored. Changes in the monthly amounts for each deduction which are not received on or before the specified deadlines shall not be honored.
The City of Rock Island reserves the right to immediately and summarily discontinue all checkoffs for all members of IAFF #26 in the event of any work slowdown, stoppage or interruption by any members of IAFF #26.
ARTICLE IV
Union Activity
There shall be no discrimination, interference, restraint or coercion by the City against any employee for his activity on behalf of or membership in the Union.
Section 4.2 Political Activity
The City shall not make or enforce any rule or ordinance which will in any way prohibit or inhibit any employee from exercising his full political rights to engage in political activities including the right to petition, make speeches, campaign door-to-door and/or to run for public office so long as that employee does not use his official position to coerce or influence others and does not engage in these activities while he is at work on duty.
Employees elected or appointed to represent the Union shall be granted time to perform Union functions including but not limited to attendance at regular and special meetings, conventions, seminars and conferences as per current policy with the advance approval of the Fire Chief. During such periods when an employee is absent due to conducting Union business, the City will continue to pay said employee without requiring the use of accrued paid leave time. However, the Union will provide the City with replacement personnel for the duration of the employee’s absence. Said replacement personnel shall be paid at a miscellaneous pay rate agreed upon between the City and the Union. The Union shall be responsible for reimbursing the City the full cost for this replacement personnel expense.
Section 4.4 Bulletin Boards /Records Filing
The City shall provide adequate space on existing bulletin boards in all Fire Stations for the posting of IAFF meeting notices and similar information. No posting of an inflammatory or derogatory nature shall be allowed and all postings shall be reviewed by the Fire Chief or designee prior to posting. All materials posted shall be marked regarding the date on which material shall be removed from the bulletin board. Materials posted which are derogatory or inflammatory as deemed by the Fire Chief shall be removed.
The City shall also allow IAFF #26 to maintain such records and materials as are currently stored in the Union filing cabinet at the location selected by the Union.
ARTICLE V
Labor/Management Meetings
Section 5.1 Labor/Management Meetings
Representatives of IAFF #26 and management representatives may meet at mutually agreeable times at the request of either party to discuss matters of mutual interest, exchange information, resolve potential conflicts and improve general communications.
ARTICLE VI
Work Rules and Regulations
Section 6.1 Rules and Regulations
The Union agrees that employees covered by this Agreement shall comply with all rules and regulations (including verbal orders of supervisory personnel) presently in effect or subsequently promulgated by the Board of Fire and Police Commission and/or Fire Department, as well as all applicable City Ordinances and Administrative Directives not in conflict with this Agreement.
All allegations that a Rule, Regulation, Ordinance, or Administrative Directive is being applied in violation of the express terms of this Agreement shall be subject to the grievance procedure outlined in Article VII.
Notices shall be for informational purposes only, and shall not have the force and effect of rules, regulations or orders either verbal or written.
ARTICLE VII
Grievances
A grievance shall be defined as a complaint by an employee or group of employees (with regard to a single common issue) regarding any aspect of their employment with the City.
Any employee represented by IAFF #26 may process a grievance during working hours provided the following conditions are met:
a) only one other employee represented by IAFF #26 shall be excused from work to represent an employee who is processing a grievance,
b) all meetings with supervisors shall be scheduled in advance with the Fire Chief,
c) supervisors shall make reasonable efforts to schedule a meeting to discuss the grievance at the earliest possible time,
d) no employee shall be excused from work to investigate a grievance,
e) no grievance shall be filed or processed without the consent and participation of the employee (s) involved,
f) all grievances shall be filed or appealed in a timely manner according to time limits specified or they shall be considered null and void.
Section 7.3 Processing Grievances
The parties agree to act in good faith to attempt to resolve the grievance promptly and expeditiously. All grievances must state the facts of the complaint, the section(s) of this Agreement involved and the relief requested at the appropriate initial step. A grievance shall be processed in the following manner:
Step 1 - Employees who have a grievance shall be encouraged, but not required, to first meet with their supervisor in an attempt to resolve the complaint prior to filing a formal grievance in accordance with Step Two below.
Step 2 - Employees may file a grievance in written form with the office of either the Fire Chief or the Personnel Director within ten (10) calendar days of the event or occurrence which precipitated the grievance or within ten (10) calendar days of when the employee(s) concerned should have become aware of the event or occurrence through reasonable diligence and attention. Said grievance shall be reviewed by the Management Grievance Committee, which shall be comprised of the Fire Chief and the Personnel Director. Said committee shall render a written decision on the grievance within ten (10) calendar days of the date the grievance was filed. This written decision shall be provided directly to either the President of Local 26 or any member of the Local 26 Executive Board. Local 26 shall provide a listing of members of the Executive Board to the City’s Personnel Department each year.
Step 3 - Employee(s) may appeal the decision of the Management Grievance Committee by filing a written appeal with the City Manager within ten (10) calendar days of the date of receipt of the Committee’s decision, or within ten (10) calendar days of when the employee(s) concerned should have become aware of the Committee’s decision through reasonable diligence and attention.
The City Manager shall render a written decision on the appeal within ten (10) calendar days of the date it was filed. This written decision shall be provided directly to either the President of Local 26 or any member of the local 26 Executive Board.
Section 7.4 Time Limits for Filing
No grievance shall be entertained or processed unless it is submitted at Step 2 within ten (10) calendar days after the occurrence of the event giving rise to the grievance or within ten (10) calendar days after the employee knows or through the exercise of reasonable diligence should have know of the occurrence of the event giving rise to the grievance. If the grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not answer a grievance or appeal thereof within the specified time limits, the grievant and/or the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step in accordance with the procedure set forth in this Article.
The time limits at any step may be extended by the mutual written agreement of the parties involved at that particular step. In addition, should the tenth day of any filing or response deadline fall on a Saturday, Sunday or City-recognized holiday, said filing or response deadline shall be extended to the next regularly scheduled work day for the City’s administrative offices.
Only a grievance which is a dispute or difference of opinion raised by an employee, or by a group of employees (with regard to a single common issue) covered by this Agreement against the City involving as to him the meaning, interpretation, or application of the express provisions of this Agreement may be referred to binding arbitration. Grievances pertaining to rules and regulations or past practice shall be decided by the City Manager and shall not be referred to binding arbitration, except in such instances where the grievance relates directly to specific provision of this Agreement.
If an eligible grievance is not settled in accordance with the foregoing procedure, the employee or Union may refer the grievance to binding arbitration by submitting a written notice to the City Manager within seven (7) calendar days of receipt of the City Manager's or designated representative's decision. Only grievances which have been authorized by IAFF #26 shall be referred to binding arbitration.
Section 7.6 Selection of Arbitrator
The City and IAFF #26 shall jointly request a panel of five (5) arbitrators from the Federal Meditation and Conciliation Service. The arbitrator shall be selected by the alternate striking of names. The party requesting the initial arbitration hearing shall strike the first two (2) names, and thereafter the parties shall alternately take turns striking the first two (2) names. After the first two (2) names have been stricken, the other party shall strike two (2) names. After four (4) names are stricken by this procedure, the remaining person shall be the neutral arbitrator. Thereafter, the parties shall alternate first strike. The arbitrator shall be notified of his selection by a joint letter from the City and the Union requesting that he set a date and time for the hearing, subject to the availability of City and Union representatives. All arbitration hearings shall be held in Rock Island, Illinois.
Section 7.7 Authority of Arbitrator
The arbitrator shall act in a judicial, not legislative capacity and shall have no right to recommend to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or applicable Personnel Rules. He shall only consider and make a decision with respect to the specific issue submitted and shall have no authority to make a decision on any other issue not so submitted to him.
In the event the arbitrator finds a violation of the terms of this Agreement, he shall determine an appropriate remedy.
The arbitrator shall submit in writing his decision within thirty calendar days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding.
Section 7.8 Payment of Arbitration Cost
Expenses for the arbitrator's services and proceedings shall be borne equally by the City and IAFF #26. The City and IAFF #26 shall be responsible for compensating its own representatives and witnesses. If either the City or IAFF # 26 desires a verbatim record of the proceedings, it may cause such a record to be made provided it pays for the record. If the other party desires a copy of the proceedings it agrees to pay half of the costs of preparing the record as well as the costs of making a copy.
An employee grievant shall be permitted reasonable time without loss of pay during working hours to attend grievance and arbitration hearings. One employee Union representative shall be permitted reasonable time without loss of pay during working hours to attend grievance hearings, and unpaid time to attend arbitration hearings.
Section 7.10 Appeals of Suspension, Demotion or Dismissal
Employees represented by IAFF #26 who are appealing a suspension, demotion or dismissal shall be required to file a written notice of appeal with the Board of Fire and Police Commissioners within seven (7) calendar days of the date of notification of the suspension, demotion or dismissal. Appeals not filed within the time limit shall be void.
The Board of Fire and Police Commissioners shall conduct a fair and impartial hearing of each appeal which is properly filed. Such hearings shall be commenced within thirty (30) days of the date the appeal is filed. Such hearings shall be conducted according to the appropriate rules of the Board of Fire and Police Commission.
Employees who are on duty shall be allowed to attend hearings and/or meetings of the Board of Fire and Police Commissioners at which their presence is required without loss of pay.
The Board of Fire and Police Commissioners shall have exclusive jurisdiction over disputes or differences of opinion relating to the suspension, demotion or dismissal of any Board appointed employee pursuant to Chapter 24, Illinois Revised Statues, Section 10.2.1-1 et seq. Disputes or differences of opinion regarding suspension, demotion or dismissal shall not be subject to the grievance and arbitration provisions of this Article.
ARTICLE VII
Discipline
Both parties agree with the tenets of progressive corrective discipline and agree that disciplinary actions may be imposed upon any employee in the bargaining unit for just cause. Disciplinary actions may include the following, but shall be initiated in the light of the seriousness of the offense and shall be intended to correct unacceptable behavior and/or work performance of an employee: oral reprimand; written reprimand; suspension (notice to be given in writing); and discharge (notice to be given in writing).
Discipline shall be imposed as soon as reasonably possible after the City is aware of the event or action giving rise to the discipline. If the City has reason to discipline an employee, as a general rule, it will not be done in the presence of other employees or the public.
Section 8.2 Progressive Disciplinary Procedures
Under normal circumstances, the Fire Chief shall follow progressive disciplinary measures as defined in this section.
A written warning to an employee shall be considered as the first step in the progressive disciplinary procedures. Written warnings shall indicate the reasons for the warning and shall specify actions which must be taken by the employee in order to correct the problem.
Suspension from work without pay shall be considered the second step in the progressive disciplinary procedure. The employee shall be informed in writing of the reason and length of the suspension given. The Fire Chief may suspend for cause, without pay, an employee for a period of not more than five (5) days, with one (1) day to equal twelve (12) hours as so defined by the Board of Fire and Police Commissioners.
Section 8.3 Exceptions to Progressive Disciplinary Procedures
Progressive disciplinary procedures may be waived for certain types of unacceptable behavior. In such cases disciplinary actions up to and including dismissal may be exercised for the first occurrence. Disciplinary measures taken under this section must be approved by the Personnel Director and the City Manager before becoming effective. Examples of the types of behavior warranting disciplinary actions under this section are:
a) Any criminal activity engaged in by an employee in the performance of his/her duties.
b) Refusal to perform assigned duties in violation of a direct order by the employee's supervisor.
c) Discovery of false statements on an employee's application for employment or on an employee's medical history record.
d) Three or more consecutive unexcused absences.
e) Intentional abuse or neglect of City equipment or City owned property.
f) Suspension from work without pay exceeding thirty (30) calendar days in any twelve (12) month period.
g) Drinking of alcoholic beverages on the job or being intoxicated while on the job.
h) Use of or being under the influence of drugs other than alcohol which are not prescribed by a physician while on the job.
i) Gambling on the job.
j) Fighting on the job.
k) Sleeping on the job. (This shall not apply to Fire personnel who are sleeping during authorized hours or to personnel engaged in emergency work who are given permission to take rest periods at work rather than returning home.)
Section 8.4 Alternative Disciplinary Procedures Under E.A.P.
In all disciplinary cases, the command personnel responsible for determining the appropriate disciplinary action to be taken may offer the employee involved the option to accepting a referral to the Employee Assistance Program in lieu of immediate disciplinary action. The employee involved may, when given the option, elect to serve the appropriate discipline or he may elect to accept the referral to the E.A.P. Once the appropriate command personnel have offered the option of an E.A.P. referral in lieu of immediate disciplinary action, it is the employee who must decide which alternative he wishes to accept. Employees may not elect E.A.P. referral when it is not offered, nor can a command officer force an employee to accept an E.A.P. referral once it is offered.
In cases where an E.A.P. referral is offered and accepted by the employee in lieu of immediate disciplinary action, the disciplinary action shall be temporarily waived.
An employee who accepts a referral to the E.A.P. in lieu of immediate disciplinary action, shall be subject to said disciplinary action at all times during the referral and treatment process until documentation has been received by the E.A.P. Coordinator certifying the employee's successful completion of the counseling/treatment programs as prescribed by the E.A.P. referral agency.
The disciplinary action as determined and documented by the appropriate command personnel shall be administered immediately if any of the following cases occur:
a) The employee accepting the E.A.P. fails or refuses to appear at the E.A.P. referral agency after being scheduled to do so by the E.A.P. Coordinator.
b) The employee accepting the E.A.P. referral refuses to authorize the E.A.P. referral agency to obtain or the E.A.P. Coordinator to provide the employee's work performance record.
c) The employee accepting the E.A.P. referral refuses to accept counseling or referral to another service agency for counseling and/or treatment after the initial assessment and evaluation.
d) The employee accepting the E.A.P. referral fails to successfully complete the counseling and/or treatment program as determined by the E.A.P. referral or service agency.
e) The employee accepting the E.A.P. referral fails to correct and/or improve his/her work performance, attendance and/or behavior which led to the E.A.P. referral.
Upon the employee's successful completion of the counseling/treatment program, as documented by the E.A.P. Coordinator, the disciplinary action which initiated the employee's referral to the Employee Assistance Program shall be abated. Notification will be sent to the employee and the Fire Chief from the E.A.P. Coordinator stating that the employee has successfully completed the E.A.P. referral in lieu of serving the disciplinary action and that said disciplinary action is now abated. A copy of this notification shall be placed in the employee's personnel file. Documentation of the behavior which led to the original E.A.P. referral shall remain in the employee's file with the notation that an E.A.P. referral was successfully completed by the employee in lieu of the specified disciplinary action. The successful completion of an E.A.P. referral shall not interrupt the progressive disciplinary process. If an employee successfully completes an E.A.P. referral, he/she shall be subject to even more severe disciplinary action for future incidents of unacceptable behavior.
ARTICLE IX
Hours of Work and Scheduled Overtime
Section 9.1 Application of This Article
This Article is intended to define the normal hours of work and to provide the basis for calculating overtime payment. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.
Employees represented by IAFF #26 who are assigned to fire suppression and EMS shall work an average fifty-six (56) hours per week. Employees assigned to fire prevention and fire inspection shall work an average forty (40) hours per week.
Section 9.3 Normal Workday and Workweek
Employees scheduled to work an average fifty‑six (56) hour workweek shall work a twenty‑four (24) hour per day shift followed by forty‑eight (48) consecutive hours off duty. The twenty‑four (24) hour shift shall commence at 0700 hours and continue through 0700 hours the following day.
Employees scheduled to work an average forty (40) hour workweek shall work an eight (8) hour per day shift, Monday through Friday, followed by two (2) consecutive days off. The eight (8) hour shift schedule shall commence at 0800 hours to 1700 hours with one (1) hour unpaid break period.
Section 9.4 Scheduled Overtime
The parties agree that the provisions of this section shall be effective only for those employees classified as Firefighters (Class Code 331) and Fire Lieutenants (Class Code 365). Fire Captains, Fire Battalion Chiefs, and the Fire Marshal shall be exempt with regard to any overtime aspects of this provision.
This agreement between the parties shall be binding on all bargaining unit employees covered by this Article and relates solely to the compensation for normal scheduled overtime hours worked.
The work period for Firefighters shall be twenty-one (21) days as allowed by the Section 7 (k) exemption of the FLSA. Work schedules shall be posted for each fiscal year. The maximum number of hours an employee can work before overtime or compensatory time is required is one hundred fifty‑nine (159) in a twenty‑one (21) day work period. The one hundred fifty‑nine (159) hours limit includes those hours during which the employee is present and working. Any paid or unpaid leave hours will not be considered as hours worked for the purpose of calculating overtime. All additional hours worked beyond one hundred fifty‑nine (159) hours in a twenty‑one (21) day work period must be paid as either compensatory time or overtime pursuant to the terms of the Agreement.
Employees who receive overtime pay shall be paid one and one‑half (1-1/2) times their regular rate of pay for all scheduled hours worked beyond one hundred fifty‑nine (159) which may occur in their twenty‑one (21) day work period.
Employees who receive compensatory time for scheduled hours worked in excess of one hundred fifty‑nine (159) in a twenty‑one (21) day work period shall accrue compensatory time at the rate of one and one‑half (1‑1/2) hours for each scheduled hour worked in excess of one hundred fifty‑nine (159).
Prior to the date of ratification of this Agreement by both parties, bargaining unit employees have agreed to be compensated for hours worked in excess of one hundred fifty‑nine (159) by the accrual of compensatory time hours. Thereafter, employees may elect either compensatory time off or overtime pay, as provided above, as compensation for hours worked in excess of one hundred fifty‑nine (159) in a twenty‑one (21) day work period.
Notwithstanding the foregoing, compensatory time shall not be allowed to accrue beyond one hundred twenty (120) hours for any employee. Hours earned in excess of one hundred twenty (120) per fiscal year shall be paid as overtime.
Upon separation from employment with the City of Rock Island, employees shall be paid for unused accumulated compensatory time hours at their regular hourly rate of pay at the time of separation.
Compensatory time earned under this section may be taken in one‑half (1/2) hour increments provided a minimum of one (1) hour is used with the advance approval of the employee's command officer.
Compensatory time earned from and after the date of ratification of this Agreement by both parties and compensatory time earned outside of the normal duty schedule may be used at the employee's option with the advance approval of the appropriate command officer.
ARTICLE X
Non‑Scheduled Overtime and Call Back
The provisions of this section apply to bargaining unit employees in the classification of Firefighter and Fire Lieutenant. All other bargaining unit employees shall not be eligible for formal compensation for overtime hours worked.
Employees called back to work outside of their normal duty schedule as set forth in the above section, shall be paid a minimum of two (2) hours at time and one‑half (1-1/2) even if the actual time worked is less than two (2) hours. This minimum is void if the actual time worked overlaps with their regular work schedule.
Employees required to remain on duty for a minimum of 15 minutes past their regular tour of duty schedule shall be entitled to overtime pay at the rate of time and one‑half (1‑1/2) of their hourly rate of pay for overtime worked.
Employees may elect to accrue compensatory time off in lieu of cash payments for non-scheduled overtime or call back hours worked with the following limitations:
a) Compensatory time shall be accrued at a time and one‑half (1-1/2) rate.
b) If compensatory time is elected in lieu of a minimum payment for call back, the minimum number of hours eligible for cash payment at a time and one‑half (1-1/2) rate shall be allowed as compensatory time.
c) Compensatory time shall not be allowed to accrue beyond one hundred twenty (120) hours.
d) Compensatory time shall only be used with the advance approval of the employee's Battalion Chief. No employee shall be allowed to use more than forty-eight (48) hours of accrued compensatory time in conjunction with their vacation and/or personal leave.
e) The employee shall make his choice (overtime or compensatory time) known to his Battalion Chief no later than the end of the pay period in which overtime was earned.
There shall be no duplication nor pyramiding in the computation of overtime or other premium wages, including call back pay. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked.
Section 10.3 Rotation of Overtime
Overtime shall be distributed among eligible employees in an equitable manner on the principal that within the limitations provided herein the last person to work or refuse overtime would be the last person to whom overtime would be offered.
The Fire Chief shall establish an overtime roster of all eligible employees for each shift based upon seniority and updated with each use by noting the date and time of each contact and attempted contact and the hours worked.
Overtime and call back shall be offered first to the preceding shift by seniority unless a paramedic is required (see next paragraph). Employees on paid leave, unpaid leave or worker's compensation shall not be called for overtime and shall not lose their place on the overtime roster.
The City shall maintain five (5) paramedics (this includes supplemental paramedics) on duty at all times. Shall the minimum fall below five (5) paramedics the next eligible paramedics on the overtime list will be contacted to work the overtime. The non-paramedics will not lose their place on the overtime rotation list.
Employees who accept twelve (12) or more hours of overtime shall be moved to the bottom of the overtime roster. Employees who refuse overtime shall be moved to the bottom of the roster. An employee who accepts less than twelve (12) hours of overtime shall not lose his position on the roster until he accumulates twelve (12) hours of overtime, at which time that employee shall then move to the bottom of the roster.
If an employee can not be contacted through reasonable diligence, then the employee shall not lose his place on the overtime roster and overtime will be offered to the next employee.
If after calling through the entire roster, not enough employees have agreed to work the overtime assignment, the Battalion Chief shall call through the overtime roster in the same order and make mandatory overtime assignments until the required number of employees are located to work the assignment.
All overtime worked shall be recorded on the overtime roster and subject to the above rotation requirements except for emergency call back situations such as extra alarm fires.
Overtime or compensatory time accrued under the provisions of this Article shall be recorded and maintained separately from any other overtime or compensatory time accrued as a result of normally established work schedules.
ARTICLE XI
Seniority
Seniority shall be defined as an employee's length of continuous, full-time employment with the City of Rock Island since their last date of hire less any adjustments due to unapproved leaves without pay, approved leaves without pay exceeding thirty (30) calendar days in any fiscal year including leave for illness or injury including in‑line‑of‑duty illness or injury, disciplinary suspensions of any length, or any periods of part‑time and/or temporary employment.
Each employee shall be considered a probationary employee until permanent status is obtained, after which his seniority shall date back to his date of hire with the Rock Island Fire Department. There shall be no seniority among probationary employees, except as related to the layoff of such employees as included in Section 11.3. A probationary employee may be eligible for a step increase in pay at the end of one year of service at the discretion of the Fire Chief.
In the event the City determines that a reduction in force is necessary, employees with the least seniority in the Department shall be laid off first. Layoffs shall be in accordance with applicable provisions of Illinois Revised Statutes, Chapter 24, 102.1-18.
Section 11.4 Determination of Seniority for Same Day Hires
In the event that more than one (1) person is hired on the same day, persons shall receive seniority preference based upon their order of hire, which shall be determined by their relative scores on the Board of Fire and Police Commissioner's entrance examination, the higher score indicating the greater seniority.
An employee's seniority shall be terminated for any of the following reasons:
a) An employee is terminated for any reason by the City,
b) An employee terminates his employment with the City for any reason,
c) An employee fails to report to work after the expiration of an authorized leave of absence,
d) An employee engaged in any type of work stoppage, work slow-down, or other type of work interruption,
e) An employee is terminated or terminates his employment with the City to accept a permanent disability pension,
f) An employee is absent for three (3) consecutive scheduled work days without proper notification or authorization.
ARTICLE XII
Wages
Section 12.1 Wages
The salary schedule shall be increased as follows:
1) Retroactive to April 1, 2003, a 3.50% increase with status quo for the pay for performance system. The retroactivity for salary would include all bargaining unit members who retired after March 31, 2003.
2) April 1, 2004, a 3.50% increase with the status quo for the pay for performance system.
3) April 1, 2005, a 3.50% increase with suspension of the current addendum of agreement on pay for performance.
Annual base salaries for all bargaining unit employees for fiscal year 2003/04, 2004/05 and 2005/06 shall be in accordance with the wage schedules attached to this Agreement and marked Appendix A, Appendix B, and Appendix C, respectively. The attached wage schedules shall be considered part of this Agreement and the wages reflected therein from Appendix A shall be effective on April 1, 2003 while the wages reflected in Appendix B shall be effective on April 1, 2004 while the wages reflected in Appendix C shall be effective on April 1, 2005.
Section 12.2 Hourly Rate
An employee's average straight‑time hourly rate shall be computed by dividing the employee's annual rate of pay by 2,080 (if their average work week is 40 hours per week) or by 2,912 (if their average work week is 56 hours per week) and rounding off to the nearest penny.
Section 12.3 Step Increases
Step increases for employees represented by IAFF #26 shall be given at the beginning of the pay period immediately following the employee's completion of one year of service at the discretion of the Fire Chief and annually at the beginning of the pay period immediately following the employee's anniversary date of appointment to that classification until he reaches the final step of the salary range established for that classification.
Step increases may be withheld or delayed for disciplinary reasons. The delay in withholding of an employee's step increase must be approved by the City Manager before becoming effective.
Section 12.4 Longevity
Longevity pay increases shall be given to full-time permanent employees in the amount of $756.59 per year for each five year longevity step, upon completion of 5, 10, 15, 20, 25, and 30 years of continuous service to the City. This increase will be retroactively applied to April 1, 2003.
Longevity pay increases will be increased to $783.07 per year for each five year longevity step, upon completion of 5, 10, 15, 20, 25, and 30 years of continuous service to the City. This increase will be retroactively applied to April 1, 2004.
On April 1, 2005, longevity pay will be increased to $810.47 per year for each five year longevity step, upon completion of 5, 10, 15, 20, 25, and 30 years of continuous service to the City.
- All longevity pay increases shall be effective at the beginning of the pay period immediately following the employee's appropriate anniversary date.
- Longevity pay increases shall be granted to full‑time permanent employees only.
- Longevity pay increases shall be given solely on the basis of continuous years of service. For purposes of determining an employee's years of service for longevity pay, only periods of continuous, full‑time, probationary and/or permanent employment shall be considered. Periods of temporary employment and/or part‑time employment, as well as any periods of unpaid absences exceeding thirty (30) calendar days shall be excluded from longevity pay computations.
Section 12.5 Merit Increases
Pay increases beyond the final step of an employee's salary range shall be given only on the basis of merit and must be approved by the City Manager before becoming effective. Employees classified in any of the four management salary ranges shall be eligible for periodic increases in pay in any amount subject to the limits of their salary range provided such increases are granted only on the basis of merit and approved by the City Manager before becoming effective.
The operation of the pay for performance system shall be in conformance with the Addendum of Agreement Regarding Pay for Performance attached to this agreement. On April 1, 2005, the addendum of agreement on pay for performance will be suspended.
Increases in pay other than those specified in Section 12.3, 12.4 and 12.5 may be granted by the City Council upon recommendation of the City Manager at any time.
Section 12.6 Pay Periods and Paydays
Pay periods shall be two (2) calendar weeks in length and shall begin on Monday and end on Sunday. Paydays shall be on the Friday following the last day of the pay period.
Section 12.7 Temporary Appointment/Out-of-Rank Pay
The Fire Chief or his designee determines which employee is temporarily assigned to a higher classification. No employee shall be temporarily assigned more than one (1) rank higher than his current classification.
Any employee assigned to perform duties above his regular assigned classification shall be paid an additional five-percent of his hourly wage, for working a minimum of two (2) consecutive scheduled work days in the higher classification. The employee can have no paid or unpaid breaks during assignment to the higher classification to receive the five percent pay increase.
The additional five-percent pay shall be discontinued upon expiration of the temporary assignment.
Section 12.8 Pensions
The City shall comply with Chapter 108 1.2, Section 4-101, et seq., Illinois Revised Statues, commonly known as the Firefighter's Pension Fund Act. Employees shall also be permitted to participate in the I.C.M.A. retirement program at their own option.
Section 12.9 Certifications
Employees certified as Firefighter III by the State of Illinois shall receive an annual stipend of $250 so long as such certification is maintained.
Employees certified as EMT-B and assigned or available to be assigned to emergency medical service duty shall receive an annual stipend of $250.
Employees certified as EMT-P and assigned or available to be assigned to emergency medical service duty as EMT-P shall receive an annual stipend equivalent to 5.33% of Step B of the Firefighter wage schedule.
Employees shall be eligible to receive stipends both as Firefighter III and as EMT-B or EMT-P, but shall not be eligible to receive both EMT-B and EMT-P stipends.
Effective April 1, 1989, stipends shall be payable in equal installments each full pay period so long as eligibility is retained.
Section 12.10 Paramedic Certification
A. Primary Paramedic Pool.
1. Any employee hired prior to April 1, 1991, shall not be required to obtain paramedic certification as a condition of employment. Firefighters hired prior to April 1, 1991, who volunteer for paramedic training and who become certified as paramedics as recognized by the State of Illinois shall be required to remain a paramedic:
a) as long as the employee holds the rank of Firefighter, or
b) until the employee attains the rank of Lieutenant, or
c) the Project Medical Director determines an employee shall be dropped from the program in the best interest of the program, or
d) the pool of paramedic employees exceeds fifteen (15) in which event the Firefighters shall be relieved from this requirement by written request in order of seniority; once an employee has been relieved from this requirement, he may not be required to resume it.
2. Any employee hired after April 1, 1991 but before April 1, 1997, shall be required to obtain Paramedic Certification as recognized by the State of Illinois by the end of their probationary period or within any extension granted by the Fire Chief. Paramedic Certification shall be required:
a) as long as the employee holds the rank of Firefighter, or
b) until the employee attains the rank of Lieutenant, or
c) the Project Medical Director determines an employee shall be dropped from the program in the best interest of the program, or
d) the pool of paramedic employees exceeds eighteen (18) in which event the Firefighters shall be relieved from this requirement by written request in order of seniority; once any employee has been relieved from this requirement, he may not be required to resume it. For purposes of this paragraph only, seniority shall be based upon the date of certification to operate as a paramedic on City of Rock Island ambulances.
3. Any member hired after April 1, 1997 shall be required to obtain Paramedic Certification as recognized by the State of Illinois by the end of their probationary period or within any extension granted by the Fire Chief. Paramedic Certification shall be required:
1) as long as the employee holds the rank of Firefigher, or
2) until the employee attains the rank of Lieutenant, or
3) the project Medical Director determines an employee shall be dropped from the program in the best interest of the program.
B. Supplemental Paramedic Pool. This supplemental paramedic pool shall be used to augment the primary pool by providing:
a) relief for the primary pool.
b) for emergency staffing.
Members of the supplemental paramedic pool must:
a) maintain certification under current medical control, and
b) have served at least one (1) year in the primary pool, and
c) be eligible for retirement from the primary paramedic pool under the above provisions.
Members of the supplemental paramedic pool are required to work a maximum of two (2) twenty‑four (24) hour shifts on the ambulance per month. This requirement is waived for the supplemental paramedics who are permanently assigned to station two/paramedic engine. Management retains the right to utilize this supplemental pool in excess of this forty‑eight (48) hours in order to maintain minimum manning on the ambulance.
Members of the supplemental paramedic pool hired before April 1, 1991, may retire from this pool at any time with a three (3) month written notification to the Fire Chief. Members hired after April 1, 1991, must enter the supplemental pool when they retire from the primary pool and can retire from this supplemental pool only after:
a) the supplemental pool has a minimum of six (6) members, and
b) the retiring paramedic has a minimum of six (6) years seniority on the Fire Department, and
c) has given the Fire Chief a three (3) month written notification.
Retirement from the supplemental pool is based on rank and seniority. There is no maximum limit for the number of paramedics in this supplemental pool.
C. Paramedic Training. The City shall continue to pay the full cost of any in‑service training and/or instruction approved by the Fire Chief incurred by an employee for his original EMT-B and EMT-P certification and recertification through an in‑service training program which is qualified to issue such certification and recertification.
No employee shall be required to obtain or retain paramedic certification if the City does not provide the required training as set forth above and a reasonable opportunity to correct any deficiencies to retain such certification.
Disciplinary action arising out of an employee's participation in the paramedic program or his status as a paramedic shall be subject to the provisions of the Board of Fire and Police Commissioners of the City of Rock Island.
D. Effective date of this Section 12.10 is April 1, 1993.
ARTICLE XIII
Promotions
Section 13.1 Promotions
The Board of Fire and Police Commissioners shall provide for promotion for each rank in the Fire Department, except for the Fire Chief, according to the rules and regulations which are in compliance with the Fire Department Promotions Act of 2003. (50 ILCS 742). The Board of Fire and Police Commissioners may promulgate rules and regulations supplementing the Fire Department Promotions Act but may not promulgate any rule or regulation which alters or modifies a specific standard contained in the Fire Department Promotions Act.
Section 13. 2
The board of Fire and Police Commissioners, in consultation with the Fire Chief, shall determine when a vacancy exists. When a vacancy exists it shall be filled as soon as possible from the list of qualified individuals. No employee is eligible for promotion who does not have at least three (3) years of seniority in the Rock Island Fire Department.
Section 13.3
Employees eligible for promotion are those who appear on the promotion list for each rank. An individual’s position on a promotion list shall be determined by a combination of factors including a written examination, ascertained merit, seniority and subjective evaluations. Each factor shall be measured in terms of 100 points per factor but the score for each factor shall then be reduced by the weight assigned to each factor. The total weighted score may be subsequently augmented by the application of any veteran’s preference as provided by applicable law. The weightings for each factor shall be as follows:
B) Ascertained merit as determined by training – 20%. Each certification shall be worth 25 points but no score for ascertained merit shall exceed 100 points.
C) Subjective evaluations, which may include oral interviews – 20%.
D) Seniority – 10%. Each year of service shall be worth five points but no score for seniority shall exceed 100 points.
Section 13.4
Any applicant for promotion, or the Union, who believes that an error has been made with respect to any provision contained in this article may file a grievance under Article VII of this Agreement.
Section 13.5
An employee receiving a promotion shall receive an increase in pay to the next highest step in the new salary range which is not less than five (5%) percent of the employee’s base salary.
ARTICLE XIV
Leaves
Section 14.1 Vacation or Vacation/Holiday Leave
All bargaining unit employees shall be eligible to accumulate paid vacation leave or, in the case of employees assigned to 24 hour shifts, vacation/holiday leave. All vacation leave used must be approved in advance by the employee's command officer. For 24-hour employees vacation/holiday leave shall be used in minimum increments of twelve (12) hours.
All bargaining unit personnel assigned to 24 hour shifts shall accumulate paid vacation/holiday leave, while all bargaining unit personnel assigned to 8 hour shifts shall accumulate paid vacation leave as follows:
Years of Service 24 Hour Workday 8 Hour Workday
0 - 6 Years 7.06 hours/pay period 3.1 hours/pay period
7 - 15 Years 8.96 hours/pay period 4.6 hours/pay period
16 - over Years 11.06 hours/pay period 6.2 hours/pay period
An employee shall earn vacation/holiday or vacation leave each pay period as set forth above provided he receives pay for at least one‑half (1/2) of the total number of hours he was scheduled to work during that pay period. No employee shall be allowed to use paid vacation or vacation/holiday leave in any pay period which is in excess of the total vacation or vacation/holiday leave accrued as of the beginning of the pay period in which leave is to be taken. No employee shall accumulate vacation or vacation/holiday leave in excess of one and one‑half (1-1/2) times their annual accrual rate as of the end of the pay period which is paid in the last payday in March of each fiscal year. Upon separation from employment with the City each permanent employee shall be paid for whatever vacation or vacation/holiday leave he may have accumulated.
Employees who are within their probationary period shall be allowed to accumulate vacation or vacation/holiday time during their probationary period. However, such accumulated time shall be not used until the completion of the probationary period as outlined in Section 11.2 of this agreement.
Section 14.2 Official City Holidays
The official holidays recognized by the City shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve and Christmas Day.
The City shall provide an annual notice that sets forth those designated official City holidays.
On the first day of the fiscal year, each employee assigned to an 8 hour shift shall receive 64 hours of paid leave to use during the fiscal year. Employees regularly working Monday through Friday shall use holiday leave on days specified by the notice of the official City holidays. Employees assigned to a 24 hour shift receive their holiday hours pursuant to Section 14.1 above. Employees who switch between a 24 hour shift and an 8 hour shift during the fiscal year shall have their number of holiday hours accumulated adjusted to ensure that the employee receives the full 64 hours for that year.
Employees assigned to an 8 hour shift who are within their probationary period on the first day of the fiscal year shall not receive holiday time until they have completed their probationary period and at that time shall receive 64 hours of holiday leave.
Employees who resign in good standing shall receive pay for any unused holiday leave.
All holiday time accumulated must be used within that fiscal year and shall not be carried over from one fiscal year to the next.
Section 14.3 Personal Leave
Employees in the class specification of Firefighter and Fire Lieutenant who work an average fifty‑six (56) hours per week at the rate of twenty‑four (24) hours per work day shall be allowed fifty‑six (56) hours of personal leave each fiscal year. All other bargaining unit employees who work an average fifty‑six (56) hours per week at the rate of twenty‑four (24) hours per work day shall be allowed one hundred twenty‑eight (128) hours of personal leave each fiscal year. Effective April 1, 1997, however, Captains and Battalion Chiefs working at the rate of twenty-four (24) hours per work day shall receive fifty-six (56) hours of personal leave each fiscal year. Employees, other than the Fire Marshal, working an average of forty (40) hour work week at the rate of eight (8) hours per day shall be allowed fifty‑six (56) hours of personal leave each fiscal year. Effective April 1, 1997, the Fire Marshal shall be allowed thirty-two (32) hours of personal leave each fiscal year.
Employees who work an average fifty‑six (56) hours per week must use all but twenty‑four (24) hours of personal leave in twenty‑four (24) hour increments. The remaining twenty‑four (24) hour block of personal leave may be used in one (1) hour increments with the prior approval of the employee's command officer.
Personal leave may be taken at any time for any reason provided the employee obtains the advance approval to use such leave from their command officer.
Personal leave is not accumulative from one fiscal year to the next fiscal year. Any personal leave not used by the end of the fiscal year shall be forfeited. (Side letter regarding personal leave - see Attachment 1).
Section 14.4 Scheduling of Paid Time Off
To the extent possible, vacation, holidays and personal days shall be selected by departmental seniority no later than the first day of April of each fiscal year. At least three (3) slots will be made available each cycle to bargaining unit employees for the scheduling of vacation/holiday leave, vacation, holidays and personal days.
Section 14.5 Sick Leave
Bargaining unit employees shall be eligible to accumulate paid sick leave benefits. Paid sick leave benefits are provided for the specific purpose of maintaining an employee's regular earnings when he is incapacitated and unable to work due to illness or when the employee must attend to a member of his household, who he is responsible for, who is ill or incapacitated. Employees referred to the Employee Assistance Program shall be allowed to use sick leave benefits for treatment prescribed by the Employee Assistance Program referral agency and as approved and documented by the E.A.P. Coordinator. Fire suppression personnel who work on a twenty-four (24) hour shift shall accumulate paid sick leave benefits at the rate of 5.2 hours per pay period. All other bargaining unit personnel shall accumulate paid sick leave benefits at the rate of 3.7 hours per pay period.
The Fire Chief may require additional proof of illness or of the need to attend to anyone living in the employee's household before allowing paid sick leave. In the absence of adequate proof the Fire Chief may deny paid sick leave benefits. The denial of sick leave benefits shall be grievable by the employee so effected. Paid sick leave may be accumulated without limit. No employee shall be allowed to use paid sick leave in excess of his accrual as of the beginning of the pay period in which it is to be used. Eligible employees shall accumulate sick leave each pay period provided they receive pay for at least one‑half of the hours they would normally be scheduled to work during the pay period.
Employees who are terminated or dismissed for just cause will not be eligible for any payments for unused accumulated sick leave. Employees who do not provide written notice of resignation as required herein shall forfeit sick leave payable as follows:
Twenty‑four hours per day per personnel - 112 hours of the final amount eligible for payment. Eight hour per day personnel - 80 hours of the final amount eligible for payment.
Subject to the requirements listed above, permanent employees shall be paid for 50 percent of unused accumulated sick leave up to a maximum of 50 percent of his/her unused accumulated sick leave as of March 31, 1978. These hours are payable at the employee's hourly rate of pay as of March 31, 1978.
Permanent employees who resign in good standing at the minimum retirement age with at least the minimum years of service to qualify for a pension, or permanent employees who resign in good standing with at least 20 years of continuous service (excluding any periods of temporary employment or periods of absences in excess of 30 consecutive calendar days) shall be eligible for payments of unused accumulated sick leave in excess of their hours accumulated as of March 31, 1978, as follows:
a) Eligible employees as described above shall be paid for 50 percent of their unused accumulated sick leave which is in excess of their balance as of March 31, 1978.
b) The employee's average hourly salary as of March 31 of each year following March 31, 1978, shall be the rate of pay at which sick leave hours described in (a) above shall be paid.
c) For employees hired after April 1, 1989, eligible employees shall be paid for 50 percent of their unused accumulated sick leave up to a maximum of 1352 hours and for 25 percent of their unused accumulated sick leave for the next 1352 hours (i.e., hours accumulated between 1353 and 2704). Hours accumulated in excess of 2704 will not be subject to payout.
Section 14.6 Bereavement Leave
All bargaining unit employee shall be allowed up to twenty‑four (24) hours of paid leave for a death in the employee's immediate family. For bereavement leave purposes immediate family shall be defined as the employee's or his spouse's mother, father, brother, sister, son, daughter, husband or wife, grandparents, grandchildren or any other relative who lives in the same household as the employee.
Section 14.7 On‑the‑Job Disability Leave
Employees who are unable to work due to a disability resulting from on‑the‑job injury shall be compensated for lost wages at a rate of pay set by the Illinois Compiled Statutes 5 ILCS 345/1. Such payments for lost wages are further subject to the requirement as set forth below:
a) Hours of work lost on the day of the injury shall be paid as if the employee actually worked such hours.
b) In order to receive paid leave as set forth above, the employee must provide a physician's medical report certifying that he is unable to work due to an on‑the‑job injury. Leave taken without providing a physician's report certifying the employee's inability to work shall be considered unexcused.
c) The City shall retrain the right to have the City Physician examine the employee who alleges an on‑the‑job injury. Such examination shall be made for the purpose of determining the cause and extent of the employee's disability and the degree to which the employee can or cannot perform his duties.
For physical training purposes, an injury occurring during physical training will be treated as an on-the-job injury provided the following criteria are met:
a) The equipment being utilized when the injury occurs has been provided by the City,
b) The activity has been authorized as a legitimate physical training activity by the Fire Chief, and
c) The injury occurred while the employee was on-duty.
Section 14.8 Military Leave
Employees who are members of regular reserve units of the Armed Forces or the National Guard shall be paid the difference between their regular salary and the salary that they earn while on active duty, provided their active duty salary is less than their regular City salary. This benefit shall be allowed up to a maximum of fourteen (14) calendar days per year.
Section 14.9 Special Leave
Special leave may be allowed with pay for employees to attend training sessions, professional conferences, and other types of meetings and educational seminars which are beneficial to the employee in the performance of his duties. Special leave requires the approval of the Fire Chief and the City Manager.
Section 14.10 Medical Leave
Permanent employees who have a temporary disability which is not job related and would prevent them from working and who have exhausted all sick leave benefits shall be allowed unpaid medical leave for a period not to exceed six (6) months provided all of the following conditions are met:
a) The temporary disability is verified by the City Physician,
b) The disability is temporary in nature,
c) The City Physician certifies that the employee has a reasonable chance to fully recover from the disability and return to work within (6) months,
d) The employee files a request for the unpaid medical leave within seven (7) calendar days after the exhaustion of his sick leave benefits. Unpaid medical leave beyond six (6) months may be granted for an additional six (6) months provided all of the above listed conditions are met and such extension is approved by the Fire Chief, the Personnel Director and the City Manager.
Section 14.11 Leaves of Absence
Leaves of absence without pay may be granted for periods of up to one year in length subject to the approval of the Fire Chief, Personnel Director and the City Manager. Leaves of absence may be granted for various reasons which serve the mutual benefit of the employee and the City of Rock Island.
Section 14.12 Jury Leave
An employee who is required to serve on a jury during his regular scheduled work hours shall be paid the difference between the jury fees and the allowances and his regular base rate of pay for all regularly scheduled hours of work missed because of jury duty.
Section 14.13 Temporary Assignment
Temporary assignment from a twenty-four (24) hour work day to an eight (8) hour work day, or vice-versa, shall not effect the normal accumulation of paid leave by the employee who has been temporarily so assigned.
Section 14.14 Buy Back of Paid Leave Time
Upon mutual agreement of the City and an employee covered by this agreement, an employee may sell back to the City unused accumulated vacation, holiday, personal, and compensatory time at the employee’s current hourly rate of pay. Said time will be reimbursed through the City’s regular payroll system and will be treated as income.
Section 14.15-Conversion of Sick Leave for Personal Leave
Each fiscal year, each employee covered by this agreement who has a minimum of 7 years seniority on the department shall have the right to convert up to 96 hours of accrued sick leave time pursuant to Section 14.5 of this agreement at a 2 for 1 exchange rate for up to an additional 48 hours of personal leave time. Said converted hours shall then be subject to the same requirements as other personal leave as described in Section 14.3. A minimum of 400 hours of accrued sick leave must continue to be available to the employee after executing a conversion as described in this section.
Section 14.16 – Trade Time
Trade time shall be limited to the following:
1) Fire related course work/schools/seminars, conferences, etc.
2) Emergencies as deemed by the battalion chief.
3) Employees are also allowed two personal trade use trades per fiscal year.
4) Employees can only use personal trades if all other leave time is unavailable.
Trade time must be approved 72 hours in advance by the Battalion Chief of the person requesting the trade.
Trade time shall be paid back for hour(s) that was used in the initial trade. For example, if the initial trade was twelve hours, the payback shall be returned in the full twelve hours.
Trades can be approved within the following ranks:
Battalion Chief/Captain
Lieutenant/Firefighter
ARTICLE XV
Uniform Allowance
Section 15.1 Uniform Allowance
The parties agree that they have negotiated an appropriate uniform allowance that is included in the salary schedule.
Section 15.2 Damage to Personal Property
Upon proper documentation submitted to the Fire Chief, an employee, who, through no fault of his own, suffers damage or destruction of any personal property in the line of duty, shall reimbursed for the costs of repair or replacement of the personal property (such costs not to exceed reasonable and customary rates of repair, or a reasonable amount necessary for replacement with an item of like or similar kind, quality or cost). Prompt reporting of the loss to the Fire Chief is required in order for the employee to be eligible for reimbursement.
ARTICLE XVI
Educational Reimbursements
Section 16.1 Educational Reimbursements
Employees shall be eligible for partial reimbursement for the cost of books and tuition for Fire related work/or training approved in advance by the Fire Chief, Personnel Director and City Manager subject to the following conditions:
a) All requests for reimbursement shall be applied for and approved prior to the beginning of the training,
b) Approved reimbursement shall be paid only after successful completion of the training and submission of proper documentation (receipt, canceled check, etc.),
c) Approved reimbursements shall be at a rate of 50% of the costs of books and tuition and shall not exceed $600 per fiscal year per employee,
d) Reimbursements shall not be made if employee is eligible for reimbursement from other sources.
ARTICLE XVII
In-Service Training
Section 17.1 General Training
In-service training requirements and programs shall be established by the Chief of the Fire Department, or his designated representative in accordance with departmental and City needs and policy. The union may have the right to initiate consultations with the Chief or his designated representative for the purpose of making suggestions and/or recommendations.
Section 17.2 In-Service E.M.T. Training
It is agreed to and understood that the City shall continue to pay the full cost of any in-service training and/or instruction incurred by an employee for his original E.M.T. certification and recertification through an in service training program which is qualified to issue such certification and recertification.
Section 17.3 Maintenance
Union employees shall not be required to perform major construction, remodeling, renovation, or exterior painting. Employees shall be required to perform normal housekeeping tasks and/or minor maintenance at the Fire stations.
ARTICLE XVIII
Rock Island Municipal Employees' Benefit Plan
The subject of health insurance has been deferred to the City of Rock Island Health Care Planning Committee by the Agreement for Labor/Management Health Care Planning Committee.
ARTICLE XIX
Safety and Health
Section 19.1 General
It is the desire of the City and the Union to maintain the highest standards of safety and health in the Fire Department in order to eliminate as much as possible accident, death, injury and illness in the fire service. Accordingly, the City will continue to make reasonable provisions for maintaining all areas and equipment of the Rock Island Fire Department in a clean, healthy and safe condition.
Section 19.2 Unsafe Conditions
Employees shall not be required to work in any area or operate any equipment including motor vehicles which are not in safe condition, or not properly staffed or equipped with safety appliances prescribed by law or by the Safety Committee as approved by the City.
Section 19.3 Scheduling of Manpower
For safety purposes, the City will provide for the assignment of employees to each fire apparatus and each ambulance according to the current minimum manpower level of fifteen (15) persons per shift. Apparatus shall not be removed from service due to insufficient personnel, except in those cases when temporary elimination of equipment shall occur until sufficient personnel have reported to duty.
Section 19.4 Station Security
The City shall continue to provide adequate security for each station, as well as for all contents thereof, particularly during those periods when such buildings are unoccupied, and will, to the extent possible, assist employees in maintaining security for their personal vehicles in station parking lots. The Union shall cooperate with the City in evaluating the current security at each station on an on‑going basis.
Section 19.5 – Drug Testing
The City may require drug/alcohol screening in the event of any on-the-job vehicle accident or workers’ on-the-job injury.
ARTICLE XX
Subcontracting
Section 20.1 Subcontracting
In no event shall the City subcontract for the provision of any services currently performed by the bargaining unit, including but not limited to, fire suppression, fire inspection, fire investigation, fire education and emergency medical service during the term of this Agreement.
ARTICLE XXI
No Strike - No Lockout
Section 21.1 No Strike
Neither Local #26 nor any of its agents, officers or employees for any reason will authorize, institute, promote, aid, condone or engage in a strike, sympathy strike, slowdown, work stoppage, concerted refusal to perform overtime, mass absenteeism, or any other interference with the work and statutory functions or obligations of the City unless allowed by State Statute. Local #26 agrees to notify all local officers and representatives of their obligation and responsibility for maintaining compliance with this no‑strike provision, including their responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating this provision to return to work. The City may discharge or discipline any employee who violates the terms of this no‑strike provision.
Section 21.2 No Lockout
The City will not lock out any employee during the term of this Agreement as a result of a labor dispute with Local #26.
Section 21.3 Penalty
The only matter which may be made the subject of a grievance concerning disciplinary action imposed for an alleged violation of Section 21.1 is whether or not the employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance, nor is it a precedent.
Section 21.4 Relocation
In no event shall the City assign or transfer Union employees to another governmental entity and/or geographic location outside the City limits for non‑emergency functions during a labor dispute in such governmental entity and/or geographic location.
ARTICLE XXII
Savings Clause
None of the foregoing shall be construed as requiring either party to do anything inconsistent with any Federal or State Law, or an order or decree of judgement of any court having jurisdiction over the parties. If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation affecting the provisions of this Agreement, or the rights of any party under this Agreement shall be modified, enacted or abolished, then the remaining parts or portions of this Agreement shall remain in full force and effect. The parties shall thereafter attempt to renegotiate the invalidated provision(s) of the Agreement.
ARTICLE XXIII
Precedence of Agreement
In the event of a conflict between a provision of this Agreement and any rule, regulation or ordinance of the City insofar as said rule, regulation or ordinance affects the employees covered by this Agreement, the provisions of this Agreement will control and the City will take whatever legislative action is necessary to accomplish the same. It is understood that from time to time the City may have to adopt ordinances in order to comply with State and/or Federal mandates. In the event of a conflict in relationship to this Agreement and said rules, regulations or ordinances, the parties will work together in an expeditious fashion to resolve said conflict.
Termination
This Agreement shall be effective as of the execution of this agreement and shall remain in full force and effect until the 31st day of March, 2006 The Personnel Rules of the City shall also apply to all employees represented by IAFF Local #26. In cases where the provisions of this Agreement differ from the provisions in the Personnel Rules, the Agreement shall apply.
The provisions of this Agreement shall be automatically renewed effective April 1, 2006 unless either party shall notify the other in writing that it desires to modify or negotiate changes in the Agreement no later than November 1, 2005 If such notice is given, negotiations shall begin no later than December 1, 2005.
If negotiations are not concluded as of March 31, 2006, the provisions of this Agreement and the provisions of the Personnel Rules shall remain in full force and effect until negotiations are completed. In the event the City or IAFF Local #26 desires to terminate this Agreement, written notice must be given to the other party not less than fourteen (14) calendar days prior to the desired termination date. This Agreement shall not be terminated by either party prior to March 31, 2006.
ARTICLE XXVI
Entire Agreement
This Agreement, together with any side letters executed contemporaneously with or subsequent to this Agreement, constitutes the entire Agreement between the parties and concludes collective bargaining on any subject. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, which conflict with the express terms of this Agreement.
The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and IAFF Local #26, for the duration of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of the parties at the time they negotiated or signed this Agreement.