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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 an