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HomeMy WebLinkAboutRes 31-16 08/16/2016 Approve a Contract Agreement between VOMP and Mount Prospect Fire Fighters UnionRESOLUTION NO. 31-16 A RESOLUTION TO APPROVE A CONTRACT AGREEMENT BETWEEN THE VI L L A G E O F MOUNT PROSPECT, ILLINOIS AND THE MOUNT PROSPECT FIRE FIGHTERS UNION LOCAL 4119 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (TERM OF JANUARY 1, 2016 THROUGH DECEMBER 31, 2018) WHEREAS, the duly authorized representatives of the Village of Mount Prospect in good faith have negotiated a three-year collective bargaining agreement ("Agreement") with the Mount Prospect Fire Union Local 4119 International Association of Fire Fighters concerning wages, hours, terms, and other conditions of employment for the term of January 1, 2016, through D e c e m b e r 31 , 2018 -, and WHEREAS, the Agreement has been lawfully and properly ratified by the membership of the Mount Prospect Fire Union Local 4119 International Association of Fire Fighters; and WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village to authorize the "Agreement' between the Village of Mount Prospect and the Mount Prospect Fire Union Local 4119 International Association of Fire Fighters attached and made part of this resolution as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, have reviewed and approved the "Agreement' between the Village of Mount Prospect and the Mount Prospect Fire Union Local 4119 International Association of Fire Fighters attached as Exhibit "A" and made part of this Resolution. SECTION TWO: The Village Clerk shall transmit a certified copy of this Resolution to the President of the Mount Prospect Fire Union Local 4119 International Association of Fire Fighters. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Polit, Rogers, Saccotelli NAYS: None ABSENT: Matuszak, Zadel PASSED and APPROVED this 16th day of August, 2016. Arlene A. Jurac Mayor ATTEST: /7 M. Lisa Angell Village Clerk 0 Mount Prospect January 1., 2016 to December H:\HUMR\Unions\Fire Union\2015 COnLract\New Contract (2016-2018)\Redlined Contract\2016-2018 Fire Contract V6,0_8-9-2016(Final) doe Preamble....................................,»......,,...........».,....Y,...........,.....................»,.........1 ArticleI-R cognition................... ...................................................... ,..,,.AAm......... 1 1.1 Recognition ................................... .... ....... .................................. 1 1.2 Fair Representation ............................... ...................... ............ .....,.......1 1.3 Notification................... .... .................. 1 Article II-Membership, Dues Deduction and Fair Share...............................................2 2.1 Dues Check-off ........ .,..............,....... ,,...... ..,.....,.,,,.....,,,,..,....,.....2 2.2 Fair Share...... .. ,,....,...........................a...,..,.,...,....,.,....,...2 23 Indemnification.. ................„,.,......,...,.........,,,....,..,........,.,,,....,......3 ArticleIII - Hours of Work and Overtime................................................................4 3.1 Purpose....................................................................,..,,,.....,....,,....4 3.2 Normal Work Day and Work Schedule... ................... ........ ....... ..w,,.,........4 3.3 Kelly Days............................................ .............,.,,.,... ,...,....,.,....4 3.4 Comp Time ............................ ,........,..........,.,.......,,,..,,,......,,...4 3.5 Overtime Rate................................................................. ...... 8 3.6 Special Overtime....... ............... ,,...,.,,,.,,........... ,,......... ........... ...,,,,, .8 3.7 Callback/Call Overrun................a.......,®,.,.......,,,......,.,.,..........,,....,,,..9 3.8 Hireback Policy ....... ....................... ..............................................9 3.9 Acting Officer.........................................................................,....,...9 3,10 Forced Back................................................................................... Iv 3.11 Light Duty Hours..............................................................................10 3.12 Special Duty Pay ...........................................................,.,,.,,..,.,,,...10 Article IV-Wages and Gornpensation...................................................................I1 4.1 Salary and Incentives ......................... ..............................................11 4.2 Specialty Certifications, .. . . ...... .......... ...... ............. ............ . . '' 11 4.3 Longevity........................................................... . . ...., ............... , µ ....12 4.4 Holiday...........................................................................................12 4.5 Pyramiding.....................................................................................12 4.6 Paramedic Preceptor Pay .................................... ....... .............. ,,........ 13 Article V-Management Rights-Rules and Regulations...................................,......,_, ,.,14 5.1 Management Rights......................................................... ................14 5.2 Rules and Regulations...................................... ........ .,,,.,....14 Article VI-No Strikes-No Lockouts................... .................................. ..,,..,........16 Article VII-Grievance Procedure..........................................,..........»........,.,..........,..17 7.1 Definition of Grievance....................................................................17 7.2 Grievance Committee Representatives ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..„,,,17 7.3 Grievance Procedure........................... .............. ..,.,........ ,,.......,,........ 17 7.4 Arbitrator's Authority........................................................................20 7.5 Decision and Fee......,.......................................................................20 7.6 Time Limits .......................... ......................... ...„,,,,...,.....,..,,..,.,..21 7.7 Union Rights............................................ ,............ ,...,.21 7.8 Standards for Processing Union Grievances......................... ................ ,..... 21 ArticleVIII - Leaves of Absence........................................................ „,..................22 8.1 Vacation Policy, Accrual, Use and Accrual, Termination, Reimbursement, Selection............„.........................................................................22 8.2 Union Business. . ................................„.........,...,...,...,.........,,.........,...24 8.3 Personal Days....„......................................„„..,.....................„„..........24 8.4 Sick Leave - Policy, Accrual, Reimbursement, and Guidelines ....... .. ...............24 8.5 Duty Injury, Illness, Disability (Worker's Compensation) Leave., . ...... -.......-.26 8.6 Family and Medical Leave..................................................................26 8.7 Educational Leave ............ . ......... . .. ... ................. ......... , ...................26 8.8 Vacation Pay on Separation and Return ........................„,,..,,,.......,...........26 8.9 Accrual of Benefits and Compensation While on Leave, . . ..........., ...„.......„..27 8.10 Witness Leave............................................................,,„„.,„,.............27 8.11 Military Leave ......... ......... ......................... ..................................,...28 8.12 Jury Duty........................„„„..„.,.....„....„............,,..„.........„.........„........28 8.13 Bereavement Leave...........„............„....................„..,....,....................29 ArticleIX - Seniority.........................................................................................30 9.1 Definition........................„.,.„........„.............,.„....,,....,....„,..,,.,...........30 9.2 Probationary Period......................................................„......„......,.,,.30 9.3 Certificate of Appointment..........„„..„„„„..........................„....................31 9.4 Layoff and Recall ................................................. ...,.,.......... ..,....31. ArticleX -Health and Welfare...........................................,.,.......,..........................32 10.1 Medical Exams..............„„...,..............................................,..........32 10.2 Group Health and Medical Insurance......„.„......................„.............„,..,.....32 10.3 Group Health and Medical Insurance: Surviving Dependents ...........................33 10.4 Life Insurance.......................„.„.„....,..........,......................„.„..„.......33 10.5 Dental Insurance ...... ........a...„....„.„.„...„......,.......................„..„....„„...33 10.6 IRC 125/Flex-Comp Program..........................„„.,...............,...............33 10.7 Employee Assistance Program.....................„....„„„.....,........,...............,.34 10.8 Deferred Compensation Programs...................w.,...„...„..„..,..„...,.........,...34 10.9 Credit Union...........................................................„..,..................34 10.10 Post Employment Savings Account (VEBA)...................... . . .............. . .......34 Article XI - General Provisions...........................................................................35 11.1 Trade Days....................................................................................35 11.2 Joint Safety Committee.......................................................................36 11.3 Indemnification of Employees.............................................................36 11.4 Drugs and Alcohol, Employee Confidentiality, Chronic Communicable Diseases ... 37 11.5 Living Conditions ......... .......... ,...... ,....,........ ...„T.-- ......................... 37 11.6 Bulletin Boards............„...............................„.........,..........................37 11.7 Smoking ........................... „..................... „.,..„...,.......... „„.............,..37 11.8 Physical Fitness Program ..... .................. ............ ....... ...„ .„...„....,,..37 11.9 Secondary Employment. . .......... ...... ....... ...38 11.10 Subcontracting.............................................................................„,.39 11.11 Station/Shift Change........................................................................ 40 Article XII - Uniforms, Protective Clothing and Equipment.........................................41 12.1 Uniforms.......................................................................................41 12.2 Protective Clothing.—, . ... ..... ................ ............... ......,,....... 42 Article XIII - Discipline and Discharge, Investigations ...................... ........................ 44 13.1 Discipline....................................... ................... ................. ......... ...44 13.2 Investigations.................................... .................................... ..,.....44 13.3 Discipline and Discharge......................................... . ....... . ..................44 13.4 Personnel File...................................................„.......,.................,..45 Article XIV - Accrued Leave Reimbursement Upon Retirement, Resignation, Reduction...........................................................................................46 Article XV - Labor-Management Meetings.............................................................47 ArticleXVI - Promotions..................................................................................48 ArticleXVII - Savings Clause......................................................... .......................57 Article XVIII - Precedence of Agreement vs. Ordinance .............................................57 Article XIX - Entire Agreement...........................................................................58 Article XX- Duration and Termination.................................................................61 20.1 Duration............ ........... ....................... ........................................... 61 20.2 Signature......................................................... ...... .........,..............61 DuesDeduction Form............................................................................Appendix A Salary Schedule...................................................................................Appendix B Drugsand Alcohol.................................................................................Appendix C Request to Inspect/Copy Personnel File........................................................Appendix D TradeDay Form...................................................................................Appendix E GrievanceForm.....................................................................................Appendix F Group Health and Medical Insurance .......................... ._-- -.... , .. ...-,Appendix G Election to Arbitrate Disciplinary Action......................................................Appendix H Outside Employment Request Form..........................................................Appendix I Fire Department Promotional Act.............................................................Appendix .I Personal Time Standard Operations Guidelines (SOG) ..................................Appendix K Promotions...........................................................................................Side Letter PREAMBLE THIS AGREEMENT is entered into by and between the Village Of Mount Prospect, (hereinafter "Village") and the Mount Prospect Firefighters Union, Local 4119, I.A.F.F., AFL-CIO (hereinafter "Union"). It is the intent and purpose of this Agreement to set forth the parties' agreement with respect to the rates of pay, hours of employment, fringe benefits, and all other conditions of this Agreement; to prevent interruptions of work and interference with the operations of the Village; to encourage and improve efficiency and productivity; and to provide procedures for the prompt, impartial, and peaceful adjustment of grievances as provided herein. ARTICLE I RECOGNITION 1.1 Recognition - The Village recognizes the Union as the sole and exclusive collective bargaining representative for all probationary and non -probationary employees who are sworn or commissioned full-time firefighters and firefighter/paramedics, Lieutenant, Lieutenant/paramedics below the rank of Battalion Chief. Excluded are all other employees, including but not limited to sworn or commissioned full-time firefighters at the rank of battalion chief or above, the positions of fire chief, deputy fire chief, fire prevention supervisor and training officer, all part time or temporary employees, all auxiliary, reserve, volunteer or paid on call firefighters, all employees excluded from the definition of firefighter as defined in subsection 16.03(g-1) of the Illinois Public Labor Relations Act. All civilian employees, all non -fire department employees, and all other managerial supervisory, confidential, professional and short-term employees as defined by the Illinois Public Relations Act as it existed on January 1, 2000. 1.2 Fair Representation - The Union recognizes its responsibility as bargaining agent and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union's duty of fair representation shall be carried out with standards enunciated by the U.S. Supreme Court in Vaca v. Sipes, 386 US 171, and its progeny. 1.3 Notification - All forms of notification unless otherwise specified to the Village shall be hand delivered to the Fire Chief or his Designee in his absence. The Union shall identify in writing its officers, stewards, and employee representatives to the employer. Such representatives shall be the only individuals the employer is required to communicate with regard to Union/Management matters. ARTICLE II MEMBERSHIP,, DUES DEDUCTION AND FAIR SHARE 2.1 Dues Check -off - The Village will deduct from each employee's paychecks the uniform, regular Union dues twenty-six (26) times per year for each employee in the bargaining unit who has filed with the Village the authorization form attached as Appendix "A". The actual dues amount deducted, as determined by the Union, shall be uniform for each employee in order to ease the Village's burden in administering this provision. The Union may change the fixed uniform dollar amount twice each year during the life of this Agreement by giving the Village at least thirty (30) days notice in writing of any change in the amount of the uniform dues to be deducted. The Village shall remit the total amount of the dues deducted, together with a list of the employees from whom dues have been deducted, to the person designated by the Union in writing not later than fifteen (15) days after the issuance of each paycheck from which dues have been deducted. If an employee has no earnings or insufficient earnings to cover the amount of the dues deduction, the Union shall be responsible for collection of dues. The Union agrees to refund to the employee any amounts paid to the Union in error on account of this dues deduction provision. 2.2 Fair Share - During the term of this Agreement, employees who are not members of the Union shall, commencing thirty (30) days after their employment or thirty (30) days after the effective date of this Agreement or thirty (30) days after they have rescinded any dues authorization pursuant to Section 1 of this Article, whichever is later, pay a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by said Agreement, provided fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the Village from the earnings of non-members and remitted to the Union at the same intervals as Union dues are remitted. The Union may change the amount of the fair share fee at the same intervals as it may change the fixed, uniform amount of dues deducted under Section I of this Article, by giving the Village at least 30 days notice in writing of any change in the amount of the fair share fee to be deducted. The Union shall periodically submit to the Village a list of employees covered by this Agreement who are not members of the Union and an affidavit which specifies the amount of fair 2 share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member -only benefit. The Union agrees to assume full responsibility to ensure full compliance with requirements laid down by the United States Supreme Court in Chicago Teachers Union v, Hudson, 106 U.S. 1066 (1986) with respect to the constitutional rights of fair share fee payors. Accordingly, the Union agrees to do the following: a. Give timely notice to fair share fee payors of the amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same in accordance with applicable law. b. Advise fair share payors of an expeditious and impartial decision-making process whereby fair share fee payors can object to the amount of the fair share fee. c. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share payors to the amount of the fair share fee. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non -religious charitable organization mutually agreed upon by the employee and the Union. If the affected non-member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. 2.3 Indemnification - The Union shall indemnify and hold harmless the Village, its elected representatives, officers, administrators, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the Village for the purpose of complying with the provisions of this Article, or in reliance on any written check -off authorization furnished by the Union under any such provisions. This indemnification provision shall not extend to errors that are solely the fault of the Village. ARTICLE III HOURS OF WORK AND OVERTIME 3.1 Purpose — This article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. it shall not be construed as a guarantee of ]tours of work per day, per week, or work cycle, or of days of work per week, per month or per work cycle. In the event there Is a lack of work which the employer believes .s a change in the normal work schedule as defined in Section 3.2, the procedures of Article 18 shall be followed. 3.2 i ornial Work a and Work Schedule - The normal shift schedule for Firefighters and firefighter/paramedics shall be twenty-four (24) consecutive hours of duty, beginning at 08:00, followed by forty-eight (48) consecutive hours off duty. For FLSA purposes the work cycle shall be twenty-eight (28) days. 3.3 Kelly Days - Kelly Days shall be selected in accordance with [Article 8. l (e)]. The hours of work shall be reduced by scheduling off each employee thirteen (13) shifts hereby referred to as "Kelly Days", thereby reducing the average work week to fifty (50) hours and annual hours of work to 2600. 3.4 Comp Time - When an employee works overtime in accordance with Section 3.5, he may elect to bank the hours as compensatory time in lieu of receiving monetary compensation in that pay period. In consideration of the Village offering this limited compensatory time benefit, the Village and the Union agree, in furtherance of Section 7(0)(5) of the Fair Labor Standards Act, to place restrictions on the use of compensatory time under circumstances which they agree would constitute an "undue disruption" of the Department's operations. This banked time may be used to take time off at a future date or in the case of a personal emergency where time off is needed. Banked Compensatory Time may be accumulated in increments of no less than one-half hours at a time. Time shall be banked at a rate of 1.5 times the number of hours worked (e.g., 24 hours worked equals 36 hours banked). If time worked is to be banked, all of it must be banked (i.e., if 24 hours worked, all 36 must be banked if electing to do so). However, if the full amount would cause the balance accrued to exceed the maximum 36 hours, only that which will bring the balance to 36 hours will be banked 11 and the remainder will be paid as overtime. A maximum of 36 hours may be held in the bank at any one time and the total accrual time shall not exceed 72 hours in any year. The following procedure shall be followed for utilizing the Compensation Time Bank not covered by Section8.1: a).e�tiesIn order to request Compensatory Time, the employee must have the time in the bank. The Compensatory Time must be requested in increments of a minimum of six (6) hours. A request to use Compensatory Time shall be by e-mail, and requests will be recorded with the date and time they are received. In general, the employee should provide as much advance notice of the request as possible. The employee should notify the Shift Commander no earlier than 14 days prior to the requested time off and no later than 6:30 a.m. of the calendar day in advance of the requested Compensatory Time usage. Requests for Compensatory Time after 6:30 a.m., will not be honored, except in an emergency as approved by the Chief (or his designee) or in the event of a same day leave request where the request will not cause overtime. b) Unduly Disruptive D : If overtime is necessary to cover the employee's requested time off under this Section (i.e., the employee's leave will cause or has caused the shift to fall below the Chief s established minimum shift staffing) the Shift Commander shall so advise the employee. The determination of whether overtime will be necessary to cover the time off will be made when the time off request is received and acknowledged by the Shift Commander. Overtime rules shall apply in order to fill vacancies caused by a Compensatory Time request except as expressly modified by this Article. It is agreed by the parties that the implementation of such Compensatory Time rules will necessitate additional administrative and operational efforts in order to fill such Compensatory Time slot(s), thus causing undue disruption to the Department's operation. If overtime is necessary to cover the employee's requested time off under this Section, the parties hereto agree that such request cannot be filled within a reasonable period of time without unduly disrupting the operations of the Fire Department. In such case, the employee shall have the following options: i) to direct the Shift Commander to forego the request for time off and 5 requisition payment for 36 hours of banked time (e.g. 24 hours requested 1.5 time rate equals a 36 hour reduction in Compensatory Time bank.) on the next regular payroll check; ii) to withdraw the request and to resubmit a request for leave at another time that does not cause overtime; or, iii) take the leave requested. If the leave requested causes overtime, the scheduled employee taking the leave shall be designated as having taken an "unduly disruptive day" and the scheduled employee's Compensatory Time bank shall be reduced by time and one-half for each hour granted off (e.g., 24 hour Compensatory Time at time and one half equals a 36 hour reduction in the Compensatory Time bank). If no overtime is required, the request shall not be deemed unduly disruptive, and the employee taking the leave shall have his Compensatory Time bank reduced hour for hour (e.g., 24 hours off equals a 24 hours reduction in the Compensatory Time bank). If the Village is unable to secure an off duty employee to fill the requested Compensatory Time slot at all, then the request may be denied in its entirety as unduly disruptive. No forcebacks will occur as a result of the usage of Compensatory Time. c) Iw d ing f anal a�n rt« ry Thne lank Requests: Requests for usage of Compensatory Time under this Section will be prioritized in the order in which they are received. If the requirements of specific assignments cannot be met the request will be denied. If sufficient replacement personnel cannot be obtained to meet the number of Compensatory Time requests, the requests will be denied in reverse order of request reception. When attempting to fill a request, no more than one (1) complete round of calls will be made. d) Indemnification,: Inconsideration of the Village's agreement to allow employees to establish Compensatory Time banks and to schedule Compensatory Time in accordance with the terms and conditions of this Section, the Union agrees to the following: i) Subject to the parties' agreements and adoption of the alternative procedure described in Paragraph (b), the Union and its bargaining unit members agree to defend, indemnify, save and hold harmless the Village, its officers, agents 2 and employees, from any and all damages, costs, expenses and penalties arising from any complaint or allegation that these restrictions on the use of Compensatory Time do not comply with Section 7(o)(5) of the Fair Labor Standards Act regarding the use of Compensatory Time. ii) Any and all disputes that may arise between the parties, including disputes raised by the Union or by any bargaining unit member, as to the administration of this Section, shall be resolved through the grievance procedure of this Agreement. The parties' agreement to utilize the grievance procedure to resolve any disputes arising under this Section is based upon the authority vested in them under 8 and 15(b) of the Act, 5 ILCS 315/15(b). Such agreement is also made in reliance upon the Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456, 186 LRRM 2065 (2009), that such disputes shall include claims or allegations that any restrictions on the use of time due available to employees from their compensatory time banks as established under this Section do not comply with 7(o)(5) of the FLSA, 29 USCA 207. In the event that any such grievance is advanced to arbitration, the parties further stipulate and agree that the arbitrator's remedial authority shall be limited to making the grievant(s) whole by granting, consistent with applicable 7(o) standards of the FLSA, the cash value of any time due in dispute based on the then -applicable overtime rate and shall have no authority to award any attorneys' fees or any penalties against the parties. The parties agree that if the Union or a bargaining unit employee files a lawsuit or complaint in any form alleging a violation of Section 7(o), this arbitration agreement may be raised as an absolute defense to such lawsuit. The Union agrees that it will join the Employer in any motion to dismiss the lawsuit and/or to compel arbitration. e) Sunset or Village Buy Back ? ti.c.n. If any of the principles contained in this Article are found to violate the terms of the FLSA by a court of competent jurisdiction, the Village may elect: (a) to have this Section immediately sunset, subject to the subsequent 7 duty to meet and negotiate as provided in Article 19 of this Agreement; and/or (b) to buy back some or all time due to bargaining unit members immediately or over a reasonable period of time; and/or (c) to allow employees to utilize accrued Compensatory Time at mutually agreed times. 3.5 Overtime Rate - Employees shall receive overtime pay or compensation time, if applicable, at the rate of time and one-half their straight hourly rate for all work performcd beyond their normally scheduled hours. Overtime shall be rounded to the next fifteen (l 5) minute increment. 3.6 S ecial Overtirne — The Village acknowledges that certain work involving secondary employment has been regularly assigned and performed by bargaining unit employees and certain non -bargaining unit employees assigned to the Bureau. Employees have been assigned the following positions as secondary employment during their off duty hours: o Fire Prevention Bureau work duties, including, but not limited to public education. Off -Duty medical exams (ordered by the department). Project hours (must have prior approval) POC drill instruction or special training exercises. Assisting with new hire exams. Drill instruction and preparation (must have prior approval). The Village agrees to continue its past practice with respect to such assignments during the term of this agreement. in accordance with 7 (g) of the FLSA, the parties agree that the base rate for such secondary employment work shall be as follows: Effective Date FF/P Base Rate January 1, 2016 $23.73 January 1, 2017 $24.20 January 1, 2018 $24.68 FF/P Overtime Rate $35.59 $36.30 $37.03 8 Effective Date LT/P Base Rate LT/P Overtime Rate January 1, 2016 $28.33 $42.49 January 1, 2017 $28.89 $43.34 January 1, 2018 $29.47 $44.20 All assigned hours worked in these positions shall be performed at 1 1/2 times the base rate listed above. 3.7Callback/'Call Overrun - Any employee required to stay beyond their normal shift release time of 08:00 due to a call overrun, or who is called back to duty for the purpose of staffing reserve equipment shall receive a minimum of one (1) hour pay at the overtime rate. 3.8 Hireback folic - The following rules shall apply: The hireback distribution shall only apply to fill shift assignments covered by this Agreement. • A computerized overtime list shall be established to track all hireback hours worked. • Overtime hours shall be reset to zero annually. The Fire Department Administration shall endeavor to work with current wireless communications devices currently carried by employees, where applicable. Procedures for selecting hirebacks shall be in accordance with SOG 1202 — Hirebacks (dated June 2016). 3.9 Acting Officer — This provision shall be effective the date of the execution of the contract between the Village and the Union. An employee must have the minimum requirements as defined by this section. Determining which employee fills the acting officer position will be chosen in the following order: a. The employees which have made the current final promotional list. b. Employees who participated and completed the most recent promotional examination. c. The most senior employee. All employees assigned to acting positions, either Acting Lieutenant or Acting Battalion Chief shall receive the pay differential between their position and the equivalent position they are assigned to, i.e. firefighter/paramedic to Lieutenant Paramedic or Lieutenant to Battalion Chief. 9 3.10 Forced Back - The Fire Chief, or his designee may force back the least senior, qualified employee who is permanently assigned to the previous calendar day's shift and is/was on duty at the overtime rate. Once an employee is made aware of a force back, the employee may obtain a qualified replacement to work the hours designated by the Fire Chief, subject to the Fire Chief's approval. An on -duty Union representative will also be notified by the Fire Chief s designee to assist in providing coverage for the hours. F orccd back hours will not count towards overtime hours accrued. If a force back employee finds a qualified replacement, the hirebaek hours will count towards overtime hours accrued. 3.11 Light Duty Hours - Light Duty assignments shall be assigned consistently with the provisions outlined in Fire Department SOG 1204 Light Duty Assignment, dated June 2011/R. The parties agree to defer the issue for the term of this Agreement without prejudice to either parties right to negotiate the issue in subsequent negotiations. 3.12 Special Duty Pay - When approved by the Fire Chief, employees shall be paid for overtime hours to attend a state/federally declared disaster or related training based on an approved work log or (similar document) and in accordance with the reimbursement guidelines of the sponsoring agency. A supervisor or other responsible authority must sign the document. Regular work hours (shift days), as defined in Section 3.2, shall be deducted from the total number of hours. For example: If the work log shows that an employee worked 72 hours in a seven day period, the employee's regular work hours (24-hour shift days) shall be deducted from the total number of hours. The remaining hours shall then be paid at the Overtime Rate. Travel time is considered part of the work time for a deployment. Any Vacation Days previously scheduled during a deployment shall be rescheduled during the same calendar year, if possible. At no time, however, shall a Vacation Day be rescheduled more than one year past the date of the deployment. Kelly Days are considered work reduction days and any hours worked on these days during a deployment shall be paid at the Overtime Rate. (D1 ARTICLE IV WAGES AND COMPENSATION 4.1 Salary and Incentives - Annual wages paid to employees shall be set forth in Appendix B of this agreement. If, at any time during the term of this Agreement, the Employer's portion of State -shared revenue from the Local Government Distributive Fund (LGDF), which is the Employer's share of the State income tax, is reduced by the General Assembly by 10% or more, then the Village may reopen the Collective Bargaining Agreement to renegotiate the wage increases agreed to. This re - opener obligation also may be triggered in the event of a 10% reduction in the Employer's Sales Tax and/or Personal Property Replacement Tax. If wage-reopener negotiations are triggered by this Section, the parties also may negotiate as to other factors to help offset such losses revenue enhancement and operational costs savings options. 4.2 SL)ecialty Certific „tions - To be eligible for Top Grade level of wages firefighters must have completed the following certifications: • Five years of employment • Advanced Technician Firefighter • Fire Apparatus Engineer To be eligible for Top Grade level of wages, lieutenants must have completed the following: • Hazardous Materials Technician `A' (Replaced by Incident Safety Officer effective 7/1/2017) • Incident Safety Officer (Effective 7/1/2017) - Lieutenants with the Incident Safety Officer Certification or who have made a good faith effort to attain the certification will be considered to have fulfilled this component of the Top Grade eligibility requirements. • Fire Officer I, Company Officer or equivalent - Employees currently in Fire Officer "provisional" status shall be qualified for Fire Officer I certification after completing one (1) year of service as a Lieutenant or 100 24 hour shifts or 2400 hours of acting time as a Company Officer based upon department and training records or scheduling rosters. Firefighters who currently receive Top Grade pay for holding certifications for Firefighter III, Hazardous Materials Ops, and Fire Apparatus Engineer shall retain Top Grade level. 4.3 Lon evi - This pay will be paid to full-time employees as a means of recognizing an employee's extended years of service. Longevity Pay will be paid annually on December 31 based on continuous years of full-time service, calculated from the employee's anniversary date of employment. Employees must complete the required years of service by December 31 of each year to be eligible for the December payment. In all cases, the employee must be currently employed with the Village as ofDecember 31 of each year to be eligible for that year's Longevity Pay. There will be no prorating of an annual Longevity Pay for partial years completed. If an annual longevity is paid prior to December 31 and the employee is not employed as of December 31 the employee must repay the Village such annual longevity payment with the last payroll check issued. The parties understand that Longevity Pay is included in the definition of "salary" for pension purposes. Longevity payments shall be included as part of the first regular payroll of December annually. Longevity Pay shall be as follows: Continuous Years of'Se vice '.rapu l Lon suit After 5 years $600.00 After 10 years $700.00 After 15 years $800.00 After 20 years $9nn,nn 4.4 Holiday - The following holidays shall be recognized: New Year's Day President's Day Memorial Day 4th of July/Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day In recognition of the above listed Holidays, each employee shall receive nineteen (19) hours of premium pay at their straight time hourly rate for each recognized holiday whether the employee works the holiday or not. To be eligible for such pay, the employee shall be on the active payroll on the day the recognized holiday is observed. 4.5 Pyramiding - Compensation shall not be paid (nor compensatory time taken) more than once for the same number of hours worked under any provisions of this Agreement, unless the Agreement expressly provides for payment. 12 4.6 Paramedic Prece ptoi - A program shall be established to provide a mentoring relationship between a paramedic student and a licensed and practicing firefighter/paramedic. The goal of the program is to provide the paramedic student with the necessary guidance to develop the knowledge and skills to meet the standards of the Fire Department as a paramedic. For each paramedic student the Department shall assign a primary and a secondary paramedic preceptor. These preceptors, and any necessary replacements, shall maintain a mentoring relationship from the time they are assigned a student through the student's completion of all State of Illinois paramedic licensing requirements. For each student the primary preceptor shall receive a lump sum of $200 when the student completes the internship portion of the Northwest Community Hospital paramedic student program. The secondary preceptor shall receive a lump sum of $50 at the same time. If more than one (1) employee functions as either primary or secondary preceptor, such employees shall share the lump sum on a pro -rata basis. Under no circumstances shall more than $300 be paid for preceptor assignments for any one paramedic student. Qualifications for Preceptors Preceptors shall be paramedics in good standing with the Northwest Community Hospital EMS System, and shall have at least three (3) years of service with the Mount Prospect Fire Department. Requirements for Preceptors Each preceptor shall: 1) have completed the Northwest Community Hospital EMS preceptor orientation program; 2) be nominated by their assigned Lieutenant and Battalion Chief to participate in the program. 13 ARTICLE V MANAGEMENT RIGHTS - RULES AND REGULATIONS 5.1 Management Rights -The Village retains all traditional rights to manage and direct the affairs of the Village in all of its various aspects not given up by the terms of this agreement, and to manage and direct its employees, to make and implement decisions with respect to the operation and the management of its operations, in all respects as authorized under Constitution and laws of the State of Illinois. These rights and authority include, but are not limited to, the following: to determine the mission of the Village, to plan, direct, control and determine all the operations and services of the Village; to determine the Village's budget and budgetary priorities; to levy taxes; to supervise and direct the working forces; to establish the qualifications for employment, and to employ personnel; to schedule and assign work; to establish work and productivity standards and, from time to time, to change those standards; to assign overtime, to determine the methods, means, organization and number of personnel by which operations are conducted; to make, alter and enforce rules, regulations, orders and other policies which are promulgated under the Mount Prospect Personnel Rules, the Mount Prospect Fire Department Standard Operating Procedures Manual and Fire Department Rules and Regulations; to evaluate employees; to discipline employees, to change or eliminate existing methods equipment or facilities; provided however that the exercise of any of the above rights shall not be inconsistent or in conflict, with any of the specific terms or provisions of this agreement. 5.2 Rules and Regulations - a) Employees shall be provided with access to all existing written rules and regulations. b) It is understood that new or revised written rules, regulations, policies and procedures are established by the Village from time to time. The union shall be given written notice of any proposed additions or changes to existing written rules. When the proposed change relates to a subject that is mandatory subject of bargaining that is not expressly covered by an existing term of this agreement, the union shall be allowed a fourteen (14) day period to present its comments prior to the proposed rule becoming effective. If the union requests; within such fourteen (14) day period, the Village shall meet with the union to discuss its concerns or objections. In the event that such meeting(s) fail to resolve the union concerns or objections, 11 the Village may implement its proposed rule on an interim basis pending full negotiations for the successor contract. Such interim implementation shall be without prejudice to the union rights to decisional bargaining as to the rule and in the event an impasse is reached as to the rule any impartial arbitrator selected pursuant to the IPELRA Section 14 process shall treat the rule as a proposed rule not an existing rule. Normally any new or revised written rule, regulation, policy or procedures shall be posted no less than thirty (30) days before becoming effective or enforceable. 15 STRIKESARTICLE VI NO 1 LOCKOUTS The Union, its officers and agents, and the employees covered by this Agreement, agree not to instigate, promote, engage in, or condone any strike, slowdown, concerted stoppage of work or any other intentional interruption of operations for any reason. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village. The Village will not lock out any employccs during the term of the Agreement as a result of a labor dispute. In addition, in the event of a violation of this Article, the Union agrees to inform its members of their obligation under this agreement and to direct them to return to work. 16 ARTICLE VII GRIEVANCE PROCEDURE 7.1 Dermition of"Grievance - The parties agree it is desirable that any grievance, as herein defined, be settled fairly and promptly as it arises. A Grievance is defined as a dispute or difference between an employee and/or the Union and the Village with respect to the meaning or application of the terms of this Agreement. Accordingly, the parties agree that the procedures outlined in Section 7.3 of this Agreement shall be used exclusively for the resolution of all such Grievances. 7.2 Grievance Committee Representatives - The Union shall designate a committee which shall represent the employees covered hereunder with regard to all matters pertaining to the Grievance Procedure. These members shall hereafter be referred to as a Grievance Committee. 7.3 Grievance Procedure - When an employee believes they have experienced or become aware of a matter that may give rise to a Grievance they shall have the ability to work informally with the Village to resolve the matter. If during this period of informal resolution the matter is not resolved to the employee's satisfaction, they shall be required to present a formal Grievance to their immediate supervisor within the 14 day specified time period. All formal Grievances shall be documented on the Grievance Form (dated August 2012), located on the Village's employee intranet, and shall include a statement of summary relevant facts and a reference to the applicable provision(s) of this Agreement that were violated. All formal Grievances shall be filed no later than 14 calendar days from the date of the first occurrence of the matter giving rise to the Grievance or 14 calendar days from the date the grievant knew, or should have known, of the matter giving rise to the Grievance, but in all cases no later than 28 days from the date of the first occurrence of the matter giving rise to the Grievance. The following outlines the formal steps of the Grievance Procedure: Step 1. Supervisor Step l shall be initiated when an employee presents their supervisor with a formal Grievance using the Grievance Form. The employee shall document this date on the Grievance Form as the "Notification Date" and the supervisor shall sign and date the document. Once notified, the supervisor shall have seven calendar days to schedule a meeting with the employee to discuss the Grievance and notify the Union of the meeting date. The employee shall document this date on the Grievance Form as "Meeting Date." At the meeting, the 17 supervisor shall, at a minimum, present the employee with the following pertaining to their Grievance: • Pertinent Village and/or Fire Department Policies and Standard Operating Guidelines, • Pertinent collective bargaining agreement sections, and • Supporting documentation (i.e. roster). After the meeting with their supervisor, the employee shall have seven calendar days to decide if they wish to appeal the Grievance to the Union Grievance Committee and proceed to Step 2. During this seven day time frame, the supervisor shall attempt to resolve the Grievance. The employee shall document the result of the meeting and any related comments on the Grievance Form before proceeding to Step 2. If the supervisor does not meet with the employee within seven calendar days of the Notification Date, or provide a response within seven calendar days of the Meeting Date, the employee shall notify the Union and the Grievance shall automatically proceed to Step 2. Ste, 2: GilIevance Cornmittee Step 2 shall be initiated when the employee presents the Union President or Vice -President with their Grievance Form for appeal to the Grievance Committee. The employee shall document this date on the Grievance Form as the "Notification Date." The Grievance Form shall be disseminated to the Grievance Committee members for consideration. it shall be the Grievance Committee's responsibility to determine if the Grievance has sufficient merit to be processed further. The Grievance Committee shall document their recommendation and any related comments on the Grievance Form and shall sign and date the document. If the Grievance Committee determines that the Grievance has sufficient merit to proceed, it shall be forwarded within 14 calendar days of the Step 2 Notification Date. Grievances initiated by a Firefighter shall proceed to Step 3. Grievances initiated by a Lieutenant shall proceed to Step 4. Step 3: Battalion Chief Step 3 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Battalion Chief. The Grievance Committee shall document this date on the Grievance Form as the "Notification Date" and the Battalion Chief shall sign and date the document. Once notified, the Battalion Chief shall have seven calendar days to schedule a meeting with the employee and/or a Grievance Committee representative to discuss the Grievance. The Grievance Committee shall document this date on the Grievance Form as "Meeting Date" and shall indicate whether a representative of the Committee shall be present. The Grievance Committee representative shall have the ability to present written statements at the meeting. During the meeting, the Battalion Chief shall present the employee and/or Grievance Committee representative with any additional supporting documentation pertaining to the Grievance. After the meeting with the Battalion Chief, the Grievance Committee shall have seven calendar days to decide if they wish to appeal the Grievance to the Fire Chief and proceed to Step 4. During this seven day time frame, the Battalion Chief shall attempt to resolve the Grievance. The Grievance Committee shall document the result of the meeting and any related comments on the Grievance Form and shall sign and date the document before proceeding to Step 4. If the Battalion Chief does not meet with the employee and/or Grievance Committee representative within seven calendar days of the Notification Date, or provide a response within seven calendar days of the Meeting Date, the Grievance Committee shall notify the Union and the Grievance shall automatically proceed to Step 4. Step 4;_ Fire Chief Step 4 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Fire Chief. The Grievance Committee shall document this date on the Grievance Form as the "Notification Date" and the Fire Chief shall sign and date the document. Once notified, the Fire Chief may meet with the employee and Grievance Committee representative, but shall reply to the Grievance in writing within seven calendar days of the Notification Date. After receipt of the Fire Chief's written reply, the Grievance Committee shall have 14 calendar days to decide if they wish to appeal the Grievance to the Village Manager and proceed to Step 5. The Grievance Committee shall document the date the Fire Chief's written reply was received on the Grievance Form as the "Date Reply Received." The Grievance Committee shall also document whether or not the reply resolved the Grievance and any related comments and shall sign and date the document. Ste o 5. Villas -ye Mana er Step 5 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Village Manager, or his designee. The Grievance Committee shall document this date on the Grievance Form as the "Notification Date" and the Village Manager, or his designee, shall sign and date the document. Once notified, the Village Manager, or his designee, shall investigate the facts and circumstances as he deems necessary and shall reply to the Grievance in writing within 21 calendar days of the Notification Date. After receipt of the Village Manager's written reply, the Grievance Committee shall have 15 business days to decide if they wish to submit the Grievance to arbitration and proceed to Step 6. The Grievance Committee shall document the date the Village Manager's written reply was received on the Grievance Form as the "Date Reply Received." The Grievance 19 Committee shall also document whether or not the reply resolved the Grievance and any related comments and shall sign and date the document. Ste 6: Arbitration Step 6 shall be initiated when the Grievance Committee notifies the Village Manger, in writing, of their intention to submit the Grievance to arbitration. The Grievance Committee shall document this date on the Grievance Form as the "Notification Date" and the Village Manager, or his designee, shall sign and date the document. Once notification occurs, the Village and the Union shall have ten business days to agree upon an arbitrator. If the Village and the Union fail to agree upon an arbitrator, either or both parties shall request that the Federal Mediation and Conciliation Service (FMCS) submit a panel of seven arbitrators who are members of the National Academy of Arbitrators and are residents of Illinois, Indiana or Wisconsin. Both the Village and the Union shall then have the right to strike three names from the list. The parties, by a toss of a coin, shall determine which party shall first strike one name. The other party shall then strike one name and the process shall be repeated twice. The remaining named person shall be selected as the arbitrator, provided that either party, before striking any names, shall have the right to reject one panel of arbitrators. The Grievance Committee shall document the name of the selected arbitrator on the Grievance Form and shall sign and date the document. The parties shall notify the FMCS of the name of the selected arbitrator. The FMCS shall then notify the selected arbitrator and request the scheduling of a mutually agreeable date for the arbitration hearings. Upon conclusion of the arbitration hearings, the Grievance Committee shall document the arbitrator's ruling on the Grievance Form. Copies of the Grievance Form shall be distributed to the Village (Fire Administration) and the Union for record keeping purposes following every step of the Grievance Procedure. 7.4 Arbitrator"s Authority - It is agreed that the authority of the Arbitrator is limited to the interpretation or application of the provisions of this Agreement respecting the Grievance in question, and he shall have no power or authority to render any decision contrary to or inconsistent with, or adding to or modifying or amending, any of the provisions of this Agreement. 7.5 Decision and Fee - The decision of the Arbitrator, within the limits herein prescribed, shall be final and binding on all parties to this Agreement. The fee and expenses of the Arbitrator and obtaining a panel from the FMCS shall be borne equally by the Village and the Union. No other joint expenses shall be incurred except by mutual agreement of the parties. 20 7.6 Time Limits - The parties subscribe to the principle of prompt resolution of Grievances and, therefore, they agree that the time limits set forth in Sections 7.3 and 7.6 must be complied with for the Grievance to be considered, unless there is an agreement in writing extending any such limit. If the Village or its representatives do not reply within the time limits specified, the grievance shall be deemed to have been automatically appealed to the next step of the Grievance and Arbitration procedure unless the Union provides written notice to the Village that the grievance is withdrawn. 7.7 Union Rights - No grievance, except a Step 2 Grievance, may be discussed unless the Union is notified and afforded an opportunity to have a Grievance Committee Representative be present at any settlement conference. No settlement made shall be inconsistent with the terms of this Agreement between the Village and the Union and any settlement reached shall be without precedential value unless approved in writing by the Union and the Village. It is acknowledged that the Union has the right to exercise its discretion to refuse to process an employee's Grievance consistent with its duty of fair representation. 7.8 Standards for Processing Union Grievances - The parties jointly acknowledge that the IPLRA (as it may be amended from time to time) establishes the following standards to the processing of grievances. Labor organizations recognized by a public employer as the exclusive representative or so designated as representing the interests of all of the employees in the unit in accordance with the provisions of this Act are responsible for representing the interest of all public employees in the unit. Nothing herein shall be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees which are unmeritorious. 21 ARTICLE VIII LEAVES OF ABSENCE 8.1 Vacation - (a) Policy - Employees accrue Vacation as set out in the accrual schedule below, based on the number of continuous years of service. Continuous years mean any period of (b) employment uninterrupted by termination of employment or non -Family and Medical Leave Act leave of absence. An employee shall calculate his years of service as of the employment anniversary date. Anniversary dates are determined by the day of the month employees begin work. Accrual - Vacation shall accrue on a bi-weekly pay period basis. Pay period accruals shall be credited as earned based on the accrual schedules and policies listed below, with the accrual rate being calculated on the number of continuous years of service attained by the employee. The accrual rate shall automatically increase from one step to the next on January 1 provided the employee is on the Village's active payroll as of January 1 of that year and the employee's accrual rate is due to increase in that calendar year. Probationar ( Feel g1_ t rs - Firefighters who have satisfactorily completed six (6) continuous months of service, but less than one (1) year of continuous service shall receive Vacation during their calendar year of hire as follows: Date of Hire Vacation Days January l to February 28/29 5 March l to April 30 4 May l to June 30 3 Probationary Firefighters employed after June 30 shall receive no vacation time in the calendar year of hire, however, those who have satisfactorily completed six (6) months of service shall receive, in addition to their regular annual Vacation earnings, a lump sum of Vacation shall be added to the accumulated vacation time for use in the new calendar year according to the following schedule: 22 Date of Hire Vacation Days July 1 to July 31 3 August 1 to August 31 2 September 1 to September 30 2 October 1 to October 31 1 November 1 to November 30 1 December 1 to December 31 0 Thereafter, Vacation time shall be accrued in the same manner as all other Firefighters. Firefighters - The Vacation accrual schedule for Firefighters on twenty-four (24) hour shift shall be as follows: Level of Service Attained any time Durina Calendar Year Less than 1 Year 02 + Years 06 + Years 08 + Years 10 + Years 12 + Years 14 + Years 20+ Years Accrual Rate in Hours Per Bi. -We kly..P" LEgri d. 0 4.62 5.54 6.47 7.38 8.31 9.24 10.15 Vacation -Days Off In Hours Days (See Probationary) 120 5 144 6 168 7 196 8 216 9 240 10 264 11 (c) Use and Accrual - Employees shall not be allowed to use Vacation time which has not yet accrued without written approval of the Fire Chief or Village Manager of vacation days assigned to the level of service depicted in the Table above. (d) Upon Termination — Employees terminating employment shall be eligible for payout of accrued vacation which may be accumulated but unused at the time of termination. If at the time of termination the employee has utilized vacation time prior the actual accrual of vacation time, the employee shall have sick leave hours deducted from the employee's total accumulation equal to the amount of vacation hours the employee previously utilized. (e) Selection — Selection of Kelly and Vacation time shall be consistent with Vacation and Kelly Day usage SOG 1101, issued May 1, 2013. It shall be the responsibility of 23 all Battalion Chiefs to see that the process is completed correctly and equitably. Employees shall be allowed to select their accrued vacation allotments from up to four (4) slots which shall be made available each duty day of their shift provided that the slot has not been scheduled off as a Kelly Day. Kelly Day and Vacation selection are due in the Fire Chief s office on or by December Ist of the current year. 8.2 Union business The use of paid work time and department equipment for union business shall be subject to regulation by the Fire Chief. The Fire Chief shall have the authority to deny requests which are not consistent with existing regulations and practices or which in his judgment adversely affect departmental operations or interests. 8.3 Personal Days.- Employees accrue forty-eight (48) hours of Personal Time usage annually. Usage of personal days shall be in accordance with S.O.G. 1102 dated 5/16 (Attached as Appendix K). Employees cannot use personal time in less than one (1) hour increments. Any unused personal days available at the end of the calendar year shall be converted to sick leave hours. There shall be no carry over of personal day hours from one calendar year to the next. Employees must utilize personal days for absence due to illness of immediate family member. Once personal days are exhausted, employee may utilize sick leave for illness of immediate family member. 8.4 Sick!Leave - Policy,, Accrual Reimbursement, ement and Guidelines - (a) Policy - It is the responsibility of the employee to notify the Battalion Chief before 0630 prior to the beginning of the employee's shift in order to receive compensation while absent on Sick Leave unless exigent circumstances prevent such notice, in which event the employee shall provide the earliest notice feasible. An employee absent for two (2) consecutive duty days or more shall present the Fire Chief with a medical certificate from his attending physician which gives the reason for the absence and the physician's recommendation that the employee may return to work. Unexcused absences without verifiable cause may be subject to disciplinary action. (b) Accrual - Effective January 1, 2008 and continuing annually thereafter, employees shall earn sick leave at a rate of twelve (12) hours per month, or 144 hours per year/6 24 shifts per year. Employees must accumulate Sick Leave up to a base number of hours of seven hundred twenty (720) hours or thirty (30) days before consideration of additional sick leave hours is available. The employee may, at his option, continue to accumulate up to a maximum of one thousand one hundred fifty-two (1,152) or forty- eight (48) days. Any unused personal hours available on December 31 will automatically be converted to sick leave hours and be added to the employee's total accumulated sick leave total effective January 1 of the new calendar year. (c) Reimbursement - Once an employee reaches the base number of hours of accumulated Sick Leave seven hundred twenty (720) hours, the employee has the option of receiving a cash payment equal to fifty percent (50%) of the accumulated Sick Leave above the base number of hours. If the employee does not choose to cash in any sick leave hours above 720 hours the employee shall not receive any cash. The value of the sick leave at the time of cash out shall be based on the number of hours cashed in and the hourly rate at the time the cash out is processed. Employees shall be notified between December 31 and January 15 in writing from the Finance Department summarizing the total number of accumulated Sick Leave hours, including any personal hours that may have been converted from the previous year. The employee must affirmatively indicate whether they wish to cash out any Sick Leave hours. If the employee wishes to receive cash payment, he must designate the number of hours he wishes to be paid for. This number shall then be reduced from the total available Sick Leave hours, and the cash payment shall be calculated on fifty percent (50%) of the hours the employee designates for payment. If the employee does not choose to cash in any sick leave hours above 720 hours the employee shall not receive any cash. Once an employee accumulates Sick Leave above the maximum number of hours (1152), the Village will automatically cash out an amount equivalent to an annual cash payment equal to fifty percent (50%) of the number of hours over the maximum to the employee annually. (d) Guidelines - Sick Leave will be allowed only in case of medical necessity or actual sickness of the employee, or his immediate family member once Personal Time has 25 been exhausted. Under no circumstance may Sick Leave be used for any other purpose except illness or injury. Any violation may result in disciplinary action. Officers must exercise professional discretion regarding the nature of the employee's illness or injury and the distribution of this information. The employee is required to provided accurate information concerning the type of illness or injury, and the expected duration of absence. 8.5 Duty Injury,, Illness, [ is. l il.i Workers Compensation)Leave -Any Firefighter injured on the job shall be covered under the applicable state regulations that provide for the employee's rights under worker's compensation act (820 ILCS 350). Employees who are injured on the job shall continue to receive their regular salary for up to one (1) year, without charge to their regular benefits and accrued leave as required by Public Employee Disability Act (5 ILCS 345/1). Employees shall sign and deliver any Workers' Compensation or similar payment to the Village while receiving the salary continuation benefits applicable. 8.6 FamiI and Iedical Leave - The Village will comply with the Family Medical Leave Act (FMLA) as described in the Employee Village Handbook Family and Medical Leave Policy, effective August 5, 1993 (revised February 2008). 8.7 Education ,I.eeava: - Employees upon written request to the Fire Chief may be granted, a leave of absence without pay, not to exceed 40 duty days in one (1) year for educational purposes. If leave granted under the Section is for education which is related to fire service, seniority shall accumulate during said leave; however, no other paid time off benefits shall continue including accumulation of paid time off hours during this unpaid period. Leave under this Section may be extended upon mutual agreement of the Village and the employee. The Village has the right to require a transcript to prove that the employee satisfied the Education Leave requirement. 8.8 Vacation Pay on Sel2aration and return - (a) On Separation - Upon separation from employment, employees shall receive Vacation pay at their latest hourly rate of pay for all accumulated but unused Vacation shift days. If at the time of separation from employment the employee has previously utilized vacation time that has not yet accumulated the employee shall have sick leave hours deducted from their total accumulation in an amount equal to the number of vacation hours the employee has utilized, but not yet accumulated. In the event that the employee does not have enough sick leave hours to cover the previously utilized vacation days, they shall have their final payroll check reduced by the value of the vacation hours previously utilized, but not yet accumulated. (b) Upon�t-Lq n To Duty Frorn DU!ln`uryIllness, or F)isabilit Leave - Employees who return to duty after a duty injury, illness, or Disability Leave shall receive the number of vacation hours credited to their total accumulated vacation hours that would normally have been accumulated during the period of absence. The use and scheduling of such accumulated Vacation time will be selected and rescheduled only on "available" days as specified in Section 8.1. If such days are not available, they shall be carried over to the next calendar year and shall be selected first from the days available in January and February. 8.9 Accrual of Benefits, and Compensation While on Leave - During all periods of Vacation, Workers Compensation Leave (duty injury, illness or disability), Sick Leave and periods of paid leave of thirty (30) days or less, employees shall continue to accrue seniority and all employee benefits. During all periods of paid leave employees shall receive all scheduled salary and pay step increases. 8.10 Witness Leave - Any employee required by subpoena to attend an attorney interview, give a deposition or to testify with respect to a lawsuit in which the Village is party or which arises out of the employee's employment by the Village, upon notification to the Fire Chief, shall be excused from work at a time approved by the Fire Chief without loss of pay for the period of time the employee is required to be away from work. If such activity is required outside the employee's regularly scheduled work hours, the employee shall be compensated at the overtime rate for actual hours required. The employee shall turn in any fees other than travel expenses received to the Village. This provision shall not apply to any situation which the employee testifies or otherwise takes a position adverse to the interests of the Village. 27 8.11 Military Leave - The Village shall provide Military Leave in accordance with all applicable Federal and State laws as cited herein including the Illinois Serviceman's Employment Tenure Act and the Illinois Military Leave of Absence Act, 330 ILCS 60/4. Additional conditions regarding Military Leave are as follows: • The employee shall submit a copy of his/her military orders to the Chief, via the chain -o# -command, prior to his/ her departure for any military" leaves that will require an absence from work longer than one duty day. • The employee may be required to provide a letter from his/her Commanding Officer describing the reason for any additional training (not including the monthly weekend duty and/or the two week active duty period). • Subsequent to any limitations provided under applicable Federal or State law, employees shall be required to ensure that his/her EMT -B and/or EMT -P status reirnains current subject to state waivers for certification. • As soon as possible following any mandatory reservist training, the employee shall provide the Fire Department administration with documentation as proof of their having attended the training. Twenty-four (24) hour shift personnel shall refer to the Village's employee handbook (Section VI (e) - General Leave Policy) for general guidelines explaining the use of Military Leave so long as such provisions are with consistent with the terms of this section. 8.12 Jury Duty - An employee who is required to serve on a jury scheduled at a time that would cause the employee to lose regular pay shall be granted leave with pay for such time lost to participate in such a jury. The leave time necessary to participate in a jury shall not be charged to any accumulated paid time off hours. Employees must provide a copy of the jury summons to the Fire Chief or his designee as soon as possible so that the necessary shift scheduling may be altered. Employees may retain pay from the court for jury duty in addition to their leave. Specific jury procedures are outlined in SOG 1107, issued 2/14R. 28 8.13 Bereavement Leave - In the event of a death in the immediate family of an employee, the employee will be granted one (1) duty day of leave with pay. For this purpose, immediate family consists of the employee's spouse, children, mother, father, sister, brother, grandchild, grandparent and the spouse's immediate family as well as the "step" equivalents thereof. As a condition to granting of any such leave, the employee may be required to submit satisfactory proof of death and/or proof of the relationship of the deceased to the employee. If the employee desires to take additional time off due to a bereavement, the employee shall utilize personal time. 041.1 ARTICLE IX SENIORITY 9.1 Definition - For the purposes of the Agreement, seniority shall be defined as an employee's length of continuous full-time service with the Village as a sworn and commissioned firefighter since his/her last day of hire. Except where specifically noted in this Agreement, seniority, amongst Lieutenants shall derive from their date of pr omotion. Seniority shall accumulate* during all authorized leaves. Seniority shall not accumulate from the first day of any authorized unpaid leaves of absence six continuing months. If more than one person is hired on the same day, seniority preference will be established by final eligibility as posted on the official eligibility list by the Village of Mount Prospect Board of Fire and Police Commission. 9.2 Problation,gLy Period All new employees shall serve a probationary period of twelve (12) months of creditable service from his date of hire as a full-time employee in a position covered by this agreement. Time absent from duty that is not credited for seniority purposes shall not apply toward satisfaction of the probationary period, nor shall any absence from active duty of more than two (2) consecutive scheduled duty shifts apply toward satisfaction of the probationary period. In such event, the employee's probationary period may be extended for the number of duty shifts necessary to make up for any service not credited toward the twelve (12) month probationary period. During an employee's probationary period, the employee may be terminated without cause at the sole discretion of the Village. Such probationary employee shall have no recourse to the grievance procedure or to the Board of Police and Fire Commissioners to contest such termination. Probationary employees shall be required to obtain all certifications which are established as mandatory conditions of employment prior to completing their probation. In the event that an employee who is required to be a certified paramedic has not obtained such certification within the probationary period, the employee's probationary period may be extended for a period sufficient to accommodate the additional time required to obtain such certification, but the employee may not be terminated without cause as to any matter other than failure to obtain the mandatory paramedic certification and properly perform the duties covered by certification within such extended period. Should the Chief determine that a new employee has not met the requirements of satisfactorily completing the probationary period as set forth above, but wishes to consider extending the 30 probationary period, then for reasons other than not obtaining a paramedic certification, the employee's probationary period may be extended subject to the following conditions: 1. The union agrees to the extension. 2. A four member Apprenticeship Committee shall be established to review and monitor an employee's performance during his extended probationary period. Two members shall be bargaining unit employees nominated by the Union President, to be approved by the Chief, who are on the employee's same shift, with one being a Lieutenant and one being a Firefighter; and the other two consisting of the Deputy Chief and Battalion Chief assigned to the employee's shift, as that may change from time to time. 3. The extended probationary period for newly hired employees under this Section shall not be more than one (1) year, but in no event more than twenty-four (24) months from the date of hire. Before the completion of this extended twelve (12) month probationary period, a probationary employee may only successfully complete the extended probation if three of the four Committee members so agree. The Fire Chief shall have sole discretion to terminate a probationary employee prior to the completion of the employee's twelve (12) months of probationary employment. There shall be no seniority among probationary employees, except for purposes of layoff, overtime distribution and vacation scheduling. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to the date of hire in a position covered by this agreement. 9.3 Certiticatc of A ointment - In compliance with the requirements of the Municipal Code, 65 ILCS 10-2.1-4, all employees who are members of the bargaining unit shall be issued Certificates of Appointment by the Mount Prospect Fire and Police Commission. Such Certificates shall be issued no later than 30 days after the completion of the probationary period. For employees who have been appointed prior to the effective date of this contract, Certificates of Appointment shall be issued no later than 30 days after the execution of this agreement. 9.4 Lnoff and recall - Employees rights in relation to any layoff and their rights to recall from layoff shall be provided under the provisions of 65 ILCS 5110 2.1-18. 31 ARTICLE X HEALTH AND WELFARE 10.1 Medical Exams - As a condition of continued employment, employees will be required to undergo periodic medical examinations. Any alcohol and drug screening shall be in accordance with Article 11.4 of the current contract. Medical exams will be scheduled according to NFPA nr a: I F «L:« F�l� « T11 1 4 Tl t *;�+. I. 1582, Standard on tvleui�ai Rcgiiiren"iCii�S �v. < i.��.bLit ...e goal v. t .e Lepa..mei.L.o 1v comply with NFPA 1582 as fiscally as possible. The medical facility will be chosen by the fire department and all members will be required to utilize the contracted medical facility. The fire department will pay for all tests associated with the exam. If an individual needs to use their own physician for their medical exam, they must provide in writing the reason for their request for Fire Chief approval. Following the medical exam, the fire department will receive a cover letter stating whether the individual is physically fit and medically able to perform the duties of a firefighter. The complete medical report will be given directly to the individual and a sealed copy will be kept in a secure file at headquarters for emergency access. All medical examination appointments will be scheduled on the employee's regular scheduled shift day. 10.2 Grou) Health and Medical Insurarice - Employees may participate in the available health and medical insurance plans offered by the Village. A Prescription Drug Card shall be included in the group health care benefit program. New employees and their dependents may enroll within thirty-one (31) days of employment according to applicable insurability regulations. Employees and their dependents have an opportunity to enroll or change plans during open enrollment, which shall be announced thirty (30) days in advance of the actual open enrollment period. Employee contributions shall be made through payroll deductions and be automatically deducted on a pre-tax basis. Employee rates of contribution toward the cost of such insurance are set forth in Appendix "G" attached hereto and made a part hereof. Further explanation of the plan, eligibility, benefit descriptions, exclusions and employee rights are contained in the Medical Benefit Plan booklet dated July 1, 2011. Village will offer an optional insurance incentive program to bargaining unit members who opt out of the Village's group health insurance plan. To participate in the program, an employee must provide proof of alternative insurance coverage (e.g. through a spouse's health insurance plan). 32 Employees participating in the program will receive an annual monetary incentive of $1000 per year, payable quarterly as part of a regular payroll check. Should an employee have a major life event (death effecting coverage, employment termination effecting coverage, marriage/divorce effecting coverage, reaching maximum benefit of coverage) in which they would no longer be covered by an alternate health insurance plan, the employee could return to the Village health insurance plan in effect at the time of the return request subject to remaining plan details and eligibility requirements. In the event of a return request the employee will be responsible for re- payment of any quarterly opt out payment previously paid in the quarter for which a return request is made. ' .3 Group Health and ^le(lical Insurance: Surviving,lcF endent�- The Village shall� comply with the applicable state regulations as defined under 820 ILCS 315/1. For purposes of this provision the term "dependent" shall be defined as (1) your lawful spouse, (2) your unmarried child less than 19 years of age, and/or (3) your unmarried child 19 but less than 23 years of age who is a student dependent. 10.4 Life Insurance - Life insurance coverage and Accidental Death and Dismemberment (A.D. & D.) insurance coverage shall each be provided to all employees by the Village. Life insurance coverage shall be equal to $50,000 term life insurance. In the event of an employee's death, the full amount of insurance will be paid to the employee's beneficiary according to the provisions of the policy. The Village will endeavor to make available for purchase additional life insurance; however, the Village does not guarantee such additional insurance is available and if available must be purchased in compliance with any applicable IRS regulation. 10.5 Dental Insurance - The Village shall continue to offer optional enrollment in the dental plan provided the required minimum number of employees contribute as defined by the vendor. Employees shall elect to participate annually and within thirty-one (31) days of hire for new employees. 10.6 IRC l 5/Flex-+Conip Pro rain - The Village shall maintain a Flexible Compensation Plan whereby employees will be able to defer pre-tax earnings into individual spending accounts to be used for un -reimbursed medical expenses, dependent care costs up to a specified limit, and additional life insurance (provided such is applicable under IRS regulations). Employees shall elect 33 to participate in the program annually and within thirty-one (3 1) days of hire for new employees. 10.7 Employee Assistance Pro r°arn - The Village provides short-term, voluntary, confidential counseling for full-time employees and their dependents. Counselors can be reached 24 hours a day. Human Services Department Counselors are also available for employees and dependents. 10.8 Deferred Com eiiiat�ion Programs - Employees may voluntarily join a deferred compensation pension program to supplement amounts received as their pension at retirement. Deferred Compensation Program plans allow any full-time or permanent part-time employee an opportunity to defer tax sheltered dollars into their programs. Employee elected contributions to this program shall be made through payroll deduction. Specific information can be obtained from the Finance Department. 10.9 Credit Union - Any employee may join a Village recognized Credit Union. Employee elected contributions to the credit union shall be made through payroll deduction. Details on joining a credit union can be obtained from the credit union directly or by contacting the Finance Department. 10.10 Post Employment Savings Account Upon retirement, any payments otherwise due to eligible employees for unused accumulated sick leave in accordance with Article 14.1.d. shall be paid to the employee's Post Employment Savings Account (PESA) as described in the participation agreement. Contributions to the PESA shall be made to a trust to be established in accordance with Section 501(c)(9) of the Internal Revenue Code. The Village shall contribute such deductions to the plan administrator of the PESA in accordance with the requisite Employer Participation Agreement. Employees shall be responsible for PESA administrative fees. The Union agrees to indemnify and hold the Village harmless against claims by employees arising out of the Village's making and contributing the deductions specified in this Article, and any claims or liability with respect to the tax treatment of such amounts, provided that such deductions are made in accordance with this Article and paid to the plan administrator in accordance with the Employee Participation Agreement established under this Article. Any sick leave conversion funds paid at the time of retirement shall be 34 paid into an employee's Post Employment Savings Account for the purposes of payment of health insurance premiums and other eligible expenses under the plan. ARTICLE XI GENERAL PROVISIONS 11.1 Trade Days - Employees may Trade duty shifts in accordance with procedures in this section. The Trade policy is intended for only shift personnel that work on 24 hour shifts. All trade days are considered with the recommendation of the Company Officer and may be subject to the final approval of the Fire Chief. Trade days will be in conformance with all department procedures, FLSA rules and this section. Trade days are designed to allow shift employees time off when other means are unavailable. These may be suspended or removed if an employee violates departmental procedures. Proper staffing at each station and scheduled events will be considered before granting a trade day. The program will follow these guidelines: • To ensure the continuity and smooth operation of the shift all trades should be available for approval prior to 0630 of the first day of the trade. • If, due to unanticipated circumstances, the request cannot be submitted prior to 0630 the Shift Commander will approve the trade as long as a qualified employee is available to work the day. These trade requests will be subject to review by the Deputy Chief and any abuse of the Trade Day policy will be subject to disciplinary action. • Trade days that cause a hire back or any member to be paid acting officer pay will be denied or canceled. • The Employee who is requesting the trade day may only trade shifts with an employee of the same rank and job description, and who is capable of doing the same job requirements. Trades of time off days within the 28 day cycle should be approved between ranks and job descriptions, providing they do not cause potential hirebacks or acting pay. Trades of vacation days across the 28 day cycles should also not create a problem, but this must be within original vacation pick parameters and at the discretion of the Battalion Chief. If the trade has the potential of a hireback or acting pay, the Battalion Chief has the authority to 35 deny the trade. The clerical responsibility of the "Trade Day Agreement' shall be that of the trade day requester. The requester shall be sure the request is completed and is properly logged in the paperless system by a Battalion Chief or Acting Battalion Chief, before the day of the trade. In the event the paperless system is down, Appendix E shall be utilized. the employee Who is provided I`etief oll the day V1 the trade has the respOrlSibiiitj% tG Cilsur% that whom he/she traded with will show up. If for any reason the fill-in does not complete his/her requirements, the employee assigned to that shift shall be docked that pay for being absent. All trade days between two members shall be completed within the same Mount Prospect Fire Department shift calendar year unless the trade is initiated within the last three months of the calendar year (Oct l -Dec 31, if so the trade may be paid back within the first three months Jan I -Mar 31 of the new calendar year). Any change to the original "Trade Day Agreement' shall take the form of a memo and follow the proper chain of command. No three way trade days shall be allowed. The Mount Prospect Fire Department shall not bear the responsibility for any trade days that are not honored, such as, due to an injury where a firefighter cannot complete his part of the trade day agreement. 11.2 Joint Safety ('�mm�ttee _. _ - There shall be a six (6) member Joint Safety Committee under the direction of the Fire Chief. Three (3) members shall be selected by the Union and the remaining three (3) by the Fire Chief, one Battalion Chief and two Lieutenants. The Committee shall meet from time to time and: (a) Review and to the extent possible resolve employee safety complaints. (b) Make recommendations to the Fire Chief and the Village concerning safety conditions, facilities, apparatus, protective equipment, protective clothing, procedures, safety rules, accident prevention and other safety matters. 11.3 Indernnification of Em to ees - The Village agrees it will indemnify and hold harmless, and will provide necessary legal representation for an employee covered by this Agreement as required by applicable state law. As a condition to receiving such indemnification and 061 representation, the employee shall fully cooperate with the Village and its representatives during the course of the investigation, administration, or litigation of any such claim or cause of action covered by this provision. 11.4 Drugs s and alcohol, EmeloyeeConfidentiality, Chronic Communicable Diseases - The agreements of the Village and the Union relative to Drugs and Alcohol, Employee Confidentiality, Chronic Communicable Diseases are set forth respectively in Appendix "C", attached hereto and made a part hereof 11.5 Living Conditions - (a) Employees shall be allowed reasonable time where necessary to shop for food and kitchen supplies during their tour of duty, with the understanding that the Fire Department vehicle shall remain in service during such time. (b) When available, Employees shall be provided with a free parking space for their own vehicle. Employees shall be allowed privileges for routine upkeep and maintenance on their own vehicle in accordance with department rules. (c) All Call shall be in operation between the hours of 07:00 and 19:00, except when department needs are involved. (d) Household and cleaning supplies will be provided by the Village for station cleaning purposes. 11.6 Bulletin boards - The Village agrees to furnish suitable space for bulletin boards in convenient places in each station to be used only by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. The Union shall not use such board for posting abusive or inflammatory or partisan political material. 11.7 Smoking - Employees shall comply with the terms of [S.O.G.1002, 12/2013R, Use of Tobacco dated January 1, 2008]. 11.8 Physical Fitness Program - In order to maintain and improve efficiency in the Fire Department, to protect the public and to reduce insurance costs and risks, the Village and Union have partnered together to participate in the International Association of Fire Chiefs and International Association of Fire Fighters Joint Wellness/Fitness Initiative. While employees may be required to participate in any such program, no employee will be disciplined for failure to meet 37 each and every goal that may be established as long as the employee makes a good faith effort to meet any such goals and any failure to physically perform does not demonstrate a substantial risk exists that the employee cannot perform the essential duties of his/her job at an acceptable level. Evaluations shall be administrated annually. The Village shall establish a joint physical fitness committee which shall have the responsibility to evaluate the Wellness/Fitness Initiative and make recommendations ovy'ard uiv objective vi advancing thc goals anu uic objectives of he program an improving the commitment of the employees to such goals. The committee shall consist of four members, two of whom shall be appointed by the Fire Chief and two of whom shall be appointed by the Union President. The committee shall meet quarterly and shall issue a report to the Fire Chief and Union President as to the recommendations no later than 30 days prior to the date of the next scheduled evaluation. The Fire Chief shall give fair consideration to the recommendations of the committee. 11.9 aeei radarE i )lovinent" - The parties agree that the jobs held by the employees covered by this Agreement are their primary jobs. Employees shall be required to submit the form attached hereto as Appendix "I" with the Fire Chief describing outside employment (including self- employment) and addresses and telephone numbers where they can be contacted if necessary. Employees may not hold outside jobs, including self-employment, which will result in a conflict of interest or impair their ability to perform their Fire Department duties. Employees who suffer an occupational injury or disability compensable under the Worker's Compensation Act as a direct result of other employment or outside business interests shall not be eligible for worker's compensation benefits from the Village. An employee's filing for a claim for worker's compensation benefit from the Village for an injury or disability that is the direct result of other employment or an outside business will result in discipline, up to and including discharge. An employee who suffers an injury or disability that is a direct result of other employment or an outside business shall have the obligation to file a claim for such workers' compensation benefits as may be available to him from his other employment or outside business. Upon receiving workers' compensation benefits awarded to him pursuant to such claim, he shall reimburse the Village for sick leave while absent due to his compensable injury or disability, provided that such reimbursement shall not exceed the amount of absence -from -work benefits received pursuant to his 38 workers' compensation claim. 11.10 Subcontracting - (a) The Employer reserves the right to subcontract subject to requirements of applicable law, rule, or regulation. In the event that the Village desires during the term of the Agreement to subcontract any work currently performed by firefighters and firefighter/paramedics relating to fire suppression, or emergency medical services, the Village shall notify the Union of its proposal in writing. Upon request from the Union, the Village shall meet and negotiate in good faith with the Union as to its proposal before taking any action to implement its proposal in accordance with its duty to bargain as required under law and Article XIX of the Agreement. (b) The parties agree that 65 ILCS 10-2.1-4, 6.3 (the "Act"), which governs the circumstances relating to the appointment of certificated firefighters and the use of substitutes became applicable to the Village on 6/1/2008 and 8/4/2011, respectively and includes the following statement: "...a person who has not qualified for regular appointment under the provisions of this [Act] shall not be used as a temporary or permanent substitute for classified members of a municipality's fire department or for regular appointment as a classified member of a municipality's fire department unless mutually agreed to by the employee's certified bargaining agent." The parties further acknowledge that the Act may have an impact on the Employer's ability to subcontract bargaining unit work. As of the effective date of this Collective Bargaining Agreement, the parties do not agree as to the scope and impact of the Act as it relates to the Employer's desire to subcontract bargaining unit work in accordance with paragraph (a) above. In order to have the Collective Bargaining Agreement move forward without delay, the parties agree that each side reserves its rights and may continue to assert, without prejudice, its view of how the Act impacts any proposal to subcontract bargaining unit work in accordance with paragraph (a) above. The subcontracting language set forth above shall not be construed as a waiver by the Union of its rights under the Act nor shall it be construed in any manner as a "permissive agreement" between the Union and Village authorized by the Act. 39 11.11 Station/Shift ChanM -The department's established practice is for the Fire Chief to make station and shift assignments every three years, or as agreed upon by management and the Union. Employees shall have the opportunity to express their preferences as to their shift and station assignments. Members shall have a minimum of 30 days prior to the date the shift picks occur to submit requests. + by depann-tent shall first consider shift assignments. Assignments shall be granted U Dy seniority, and for Lieutenants by seniority in rank, as often as possible. After shift assignments have been determined, the Fire Chief shall notify employees and allow them to express their preferences as to station assignments. Prior to initiating any station assignments., the Fire management shall endeavor to grant the employee's first station assignment preference. However, the parties acknowledge and recognize that other factors shall be considered in making station and shift assignments. Such factors include but shall not be limited to, the following: a) Legitimate operational concerns of management including the need for employees to work in different stations as a vehicle for professional growth. b) The employee's training and certification. c) Realization of established goals and objectives of the department. d) The seniority of the employee. e) The value of maintaining cohesive work teams. The parties further acknowledge that station and shift transfer shall not be made solely for punitive reasons. we, ARTICLE XII UNIFORMS, RMS P"ROTECTI"VE CLOTHING J"!G A it EQUIPMENT T 12.1 Uniforms - Initial issue and new issue of protective clothing and equipment shall be furnished to employees at Village's expense. Uniforms shall be worn in accordance with SOG 5101- 09/15R. All protective clothing and equipment damaged, stolen, worn out or lost while in the performance of duties shall be replaced at Village expense, as necessary. Initial issue and daily work clothes shall be furnished to employees at Village expense. The Village shall issue the initial dress uniform for new employees at the time of appointment. The Village shall provide each Firefighter and Lieutenant an annual uniform allowance of $600 to be used for clothing orders coordinated through the Village. Checks for 2016 shall be issued no later than thirty (30) days after ratification of the contract by the Village. Thereafter checks shall be issued annually by February 1st. All uniform funds shall be used only for items on the employee's clothing order form. A standard washing machine and dryer shall be maintained at each Station to allow employees to maintain their work uniforms. Twenty-four (24) hour shift personnel shall be issued initially and required to maintain a minimum daily work uniform inventory at all times consisting of the following: 1. 3 long sleeve work shirts 2. 3 short sleeve work shirts 3. 2 uniform badges 4. 3 pairs of work pants 5. 1 belt (black) 6. 4 regular tee shirts 7. 1 job shirt 8. 1 pair work boots/shoes 9. 3 pairs black or white socks 10. 1 baseball hat or watch cap 11. 1 jacket (waist length, multi-purpose) 12. Dress Shirt (white long sleeve) 13. Dress Blouse (with uniform badge, metal name tag with last name only and metal collar insignia) 14. Dress Pants 15. Dress Hat (with approved band and badge) 16. Black Tie 17. Oxford Shoes (black) 41 18. Garrison Belt (black) 19. Dress Gloves (black) 20. Dress Socks 21. Top Coat 22. Workout socks 23. Tee shirt or sweatshirt 24. Wind pants 25. Gym shorts 12.2 Protective Clothing - All employees shall wear protective clothing and use equipment appropriate for the hazards to which they are exposed. All employees shall properly maintain the protective clothing and equipment that has been assigned to them and carried on the apparatus to which he has been assigned. A protective clothing washer shall be maintained at Fire Station 13 to assist employees in maintaining their turnout coat and pants. Each member assigned to fight structure fires shall be issued protective clothing and equipment that complies with all applicable NFPA standards and local requirements at the time of purchase. These items shall include: Helmet Boots Firefighting gloves Coat Pants with suspenders SCBA face piece (including prescription lenses if needed) Hood Non -firefighting gloves Safety goggles Earplugs Safety vest No alterations shall be made to protective clothing without the approval of the Fire Chief. Each employee operating within a perimeter designated as hazardous by the incident safety officer/shift commander shall wear his full protective clothing in the prescribed manner. The incident safety officer/shift commander shall determine when and if it is safe to remove some or all of the clothing. Each member assigned to work in hazardous environments shall be issued a pair of non - 42 firefighting gloves. These Kevlar gloves offer good dexterity and protection from cuts but offer no thermal protection. They do not comply with NFPA 1973 and shall not be used during firefighting operations. In extreme cold conditions, an employee may provide his own gloves for warmth. These gloves may only be worn for warmth and must not be worn during emergency incidents or drills. 43 ARTICLE XIII DISCIPLINE AND DISCHARGE,lief '+ ST1I„ATI ;NS 13.1 Discipline - The Employer may institute disciplinary action against any employee consisting of the following penalties: Oral Reprimand Written Reprimand Suspension Discharge It is understood that, (a) oral and written reprimands are not subject to the grievance arbitration provisions of this contract; (b) the employer's institution of suspension or discharge is authorized by 65 ILCS 5/10 2.1-17. 13.2 lnvesti ations - The employer shall comply with the requirements of the Fireman's Disciplinary Act 50 ILCS 745 and requirements of the Illinois Public Labor Relations Act regarding union representation rights during investigations of alleged misconduct. Inadvertent errors by employer with regard to this commitment shall not operate to relieve an employee from the disciplinary consequences of his/her actions. 13.3 Disci line And Discharge - Disciplinary action given by or approved by the Commissioners of Board of Police and Fire Commission shall be subject to the Grievance Procedure of the Agreement at Step 5. Upon receipt of a notice of disciplinary action, the employee (with approval of the Union) may elect to appeal a disciplinary action involving a suspension or dismissal by filing a written grievance at Step 5 of the Grievance Procedure not later than 10 calendar days from the date of the disciplinary action given by or approved by the Commissioners of Board of Police and Fire Commission. The suspension or discharge shall be in effect while the grievance is pending. If a decision is made to have the appeal heard through the grievance and arbitration procedure, the grievance shall be filed on the form attached as Appendix "H." Any such appeal shall be signed by the Union President or his designee and shall also contain a signed statement from the affected employee waiving any and all rights he may have to any further appeal of the discipline of the Board of Fire and Police Commissioners pursuant to the Administrative Review Act or other CL! legal recourse. Any disciplinary grievance filed without the required signed waiver shall not be subject to arbitration and the arbitrator shall be without j urisdiction to consider or rule upon it. If the arbitrator determines after hearing that the disciplinary action is not supported by just cause, the arbitrator shall have the authority to rescind or to modify the action and order that the employee be made whole for any losses incurred as a result of wrongful disciplinary action. In the event that the arbitrator modified the disciplinary action by awarding a suspension or a shorter suspension, he shall have the authority to award a payment of partial back pay that is consistent with the length of any such reduced disciplinary action. The arbitrator shall be without authority to award any back pay corresponding to any period of time where the Union or the employee sought and received a continuance of the hearing. 13.4 Personnel File —The Village agrees to abide by the lawful requirements of the "Access to Personnel Records Act," contained in 820 ILCS 40/1. Request form for inspection is attached as Appendix "D". W1 ARTICLE XIV ACCRUED LEAVE REIMBURSEMENT UPON RETIREMENT RESIGNATION REDUCTION Accrued Leave Reimbursement - a. Vacation Time — Any unused accumulated vacation time may be cashed in at the time of retirement or used to extend creditable service with the Fire Chief s approval. If an employee has utilized vacation time prior to actually accumulating the vacation hours the employee shall have his sick leave time reduced by the number of hours of vacation time the employee has previously utilized. b. Personal Time - Unused Personal Time hours available at the time of retirement shall automatically be converted to Sick leave hours. c. lime Due/Com -lime - Accumulated time due/comp time shall be utilized prior to last actual date of work and remaining on the active payroll. d. Sick Leave - Upon retirement, employees who meet the eligibility requirements and have accumulated Sick Leave must participate in the PESA. In order to participate in the PESA employees must meet the eligibility requirements defined as an employee who retires with at least twenty (20) years of service with the Village, and/or are at least fifty (50) years of age at retirement, or age 60 and 10 years of service. Provided the employee is eligible to participate, the Village shall deposit up to seven hundred twenty (720) hours of sick leave hours converted to a dollar value using the employee's regular hourly rate of pay into the PESA (herein referred to as "Trust") for the employee's use as defined by the regulations outlined by the Trust administrator. If the employee has accumulated sick leave hours above the 720 hours, but below the 1152 maximum number of sick leave hours, the Village shall deposit into the employee's Trust account 50% of the value of the sick leave hours between 720 and 1152 calculated on the employee's regular hourly rate of pay. If an employee leaves the Village's employment that does not meet the eligibility requirements for converting their sick leave into the Trust any accumulated sick leave hours shall not be paid out at time of termination of employment for any reason. 46 ARTICLE XV LABOR-MANAGEMENT MEETINGS In the interest of efficient, effective operation and management and in the promotion of harmonious employee relations, labor/management meetings are encouraged, and meetings shall be as frequently as mutually agreed between the union representatives and the Fire Chief or his designee. Either party may provide a written agenda. Each party may invite representatives, not to exceed three (3), to attend such meetings. Such meetings shall be limited to discussion on the implementation and general administration of this agreement and/or sharing of general information of interest to the parties. It is understood that such meetings shall not be part of the Grievance Procedure. Specific grievances being processed under the Grievance Procedure shall not be considered at labor/management meetings, nor shall negotiations be carried on at such meetings unless both parties specifically agree to do so. If a labor/management meeting is scheduled during an employee's normal work day, the employee shall be compensated for the time lost from the normal straight -time work day. 47 ARTICLE XVI PROMOTIONS Section 1— General Promotion to the rank of Lieutenant shall be conducted in accordance with the provisions of the Fire Department Promotional Act, effective August 4, 2003, 50 ILCS § 742 (herein after the "Act"). Except where expressly modified by the terms of this Article, the procedures for promotions shall be made in accordance with the provisions of the Act. Section 2 - Vacancies This Article applies to promotions to vacancies in the rank of Lieutenant. A vacancy in such positions shall be deemed to occur on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period up to five (5) years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted, provided they are able to perform the duties in question. Section - l�Ii ililit Ali promotions to Lieutenant shall be made from employees in the next lower rank who have at least seven 7 years of seniority with the Mount Prospect Fire Department and attained Provisional/Certified Fire Officer 1 Certification. Anniversaries of service, which affect eligibility, will be considered to occur on the date the employee was hired by the Mount Prospect Fire Department. If the 7 -year anniversary falls during the year of the exam, the individual will be eligible to take the exam. Section 4 - Notification Potential candidates shall be notified of the process via email and posting. A packet containing all known information regarding the testing exercises, grading, and dates for such exercises shall be included with the application. Any subjective component shall be identified to all candidates prior to its application, be job-related, and be applied uniformly to all candidates. Every examinee shall have the right to documentation of his or her score on the subjective component upon the completion of the subjective examination component or its application. Section S - Rating Factors and Weights All examinations shall be impartial and shall relate to those matters, which will test the candidate's ability to discharge the duties of the position to be filled. The placement of employees on 48 promotional lists shall be based on the points achieved by the employee on promotional examinations consisting of the following seven (7) components weighted as specified: A. 10% Ascertained Merit B. 17.5% Merit and Efficiency- Administration C. 17.5% Merit and Efficiency- Union D. 15% Simulator exam E. 5% Seniority F. 15% Written examination G. 20% Assessment Center All components of this Article shall be reviewed with all potential candidates, prior to administration of this process. In addition, results of each component will be posted upon completion prior to administering the next component. Section 6 - Administration Order of Test Components A. Ascertained Merit Ascertained merit points shall be awarded based upon the "Ascertained Merit Worksheet," attached as "Exhibit fl." ." The worksheet shall be published by the Fire Administration at least one year prior to the date ascertained merit points are awarded. All persons eligible to compete for promotion shall be given an equal opportunity to obtain the ascertained merit points. Employees shall be entitled to be awarded a maximum of one hundred (100) points from the points available on the worksheet schedule. B. Merit and Efficient - Administration Individuals will be rated in the following areas using a forced matrix: Leadership, Teamwork, and Emergency Scene Performance. Each component score will be factored as follows: Emergency Scene Performance (X .10), Leadership (X .05), Teamwork (X .025) and Initiative (X .025) for a total of 17.5% of the overall score. Initiative scoring will not use a forced matrix and will be rated on a scale of 0-100. Seniority will not be a direct component of the merit and efficiency rating. BE C. Merit and Etlir;ien y-Unioii Individuals will be rated in the following areas using a forced matrix: Leadership, Teamwork, and Emergency Scene Performance. Each component score will be factored as follows: Emergency Scene Performance (X.10), Leadership (X .05), Teamwork (X .025) and Initiative (X .025) for a total of 17.5% of the overall score. Initiative scoring will not use a forced matrix and will be rated on a scale of 0-100. Seniority will not be a direct component of the merit and efficiency rating. D. Simulator exam This exercise will be designed to evaluate the candidate's ability to function in the role of Lieutenant in a simulated incident. These incidents may include scenarios such as EMS, Haz-Mat, Fire Emergencies, Technical Rescue, Water/Ice Recovery, W D, or other potential situations a Lieutenant may encounter in the normal aspect of the job. The Simulator test shall be evaluated and graded by a panel consisting of 2 Lieutenants or 2 Shift Commanders as selected by Fire Chief, and the person responsible for the practice sessions. E. Seniority Seniority points will be calculated as follows: The most senior individual (most number of years with the Mount Prospect Fire Department) participating in the Lieutenant Exam shall receive the maximum allowable points in this area, five (5). The remaining candidates will receive seniority points based on a prorated formula as follows: For example, if the most senior person taking the exam has 30 years, this individual would receive 5 points for seniority, and the least senior person taking the exam has 7 years, this individual would receive l .16 points for seniority (7/30 X 5 = 1.16). All remaining candidates will have their seniority points calculated in the same manner. F. Written Examinations The subject matter of the written test shall test the capacity of the candidate to discharge the duties of Lieutenant. The written test may include both general and local knowledge and shall be developed by an independent, outside agency. The examination shall be based only on the contents of the specified written materials that the BOFPC has identified and made available to potential candidates at least 60 days before the examination is administered. The test questions shall be reasonably 50 pertinent to the rank of Lieutenant. G. Assessment Center The Village shall use a panel of qualified raters to conduct an assessment center. The assessment center may include, but not limited, to the use of the following; as example: 1. Problem employee 2. Leaderless group 3. Structured oral interview The Union shall be provided an opportunity for a representative be present to observe the assessment center exercise. The Fire Chief will be notified by the union, in writing, 7 -days prior to the Assessment Center date as to whether or not an observer will be used. H. Veteran's re erence points As required by law. Section 7 -Scoring of components Each component of the promotional test shall be scored on a scale of 100 points. The component scores shall then be reduced by the weighting factor assigned to the component on the test and the scores of all components shall be added to produce a total score of 100 points. Thereafter, the candidates scoring an average of 70% of the maximum number of total points aggregate for all six (6) components prior to the assessment center will proceed to the assessment center. Candidates shall then be ranked on the list in rank order based on the highest to the lowest points scored on all components of the test. Such ranking shall constitute the preliminary promotional list. A candidate on the preliminary promotion list who is eligible for a veteran's preference under the laws and agreements applicable to the department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under Section 55 of the Act and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any veteran's preferences awarded. The final adjusted promotion list shall then be posted at all fire stations and copies provided to the Union and all candidates. 51 Section 8 - Order of selection Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the itigl'icst ranking person haS de�i�OnStrated Substantial Siiv'itcCmmgS in :J— performance or has engaged in misconduct affecting the person's ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest-ranking person on the list. Unless the reasons for passing over the highest-ranking person are not remediable, no person who is the highest-ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with the grievance procedure in Article VII of this Agreement. Section 9 - Maintenance of promotional lists Final eligibility lists shall be effective for a period of three (3) years. The Employer shall take reasonable, good faith steps to ensure that the Board of Police and Fire Commissioners maintain in effect current eligibility lists so that promotional vacancies are filled not later than 90 days after the occurrence of the vacancy. Section 10 - Right to review A. Points awarded for each component of the test shall be posted immediately after the scores are tabulated. Final review of each candidate's results shall be made available for inspection within sixty (60) days of the posting of the preliminary eligibility list. Such review shall include the opportunity to inspect all documents utilized in assigning the points awarded on each component of the exam. B. Any affected employee who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to a review of the matter by the appointing authority. Any disputes as to such matters or the administration of the examination consistent with the terms of this Article may be resolved and remedied by filing a grievance as provided by Article VII of this Agreement or as provided by law. Section 11— Non -Wavier Unless specifically provided in this Article, the Article shall not be construed as waiving Sections 5, 10 (a) (b) (c) (d) and 65 of the Fire Department Promotion Act (FDPA). M Section 12 — leo ever In the event that the Fire Department Promotional Act, effective August 4, 2003 (50 ILCS § 742) is amended during the term of this Agreement, either party by serving written notice on the party of its demand to bargain shall be able to reopen this Article for the purpose of negotiating the changes to be effective for the next promotional examination. In such event, the parties shall meet at a mutually agreed time in order to negotiate in good faith as to the proposed changes. In the event that no agreement is reached after sixty (60) days from the date of the notice or any mutually agreed extension, either party may invoke interest arbitration and the dispute shall be determined based upon the procedures and factors of § 14 of the IPLRA except that the arbitrator shall be selected using the arbitration step of this Agreement's grievance procedure. 53 Exhibit A Ascertained erit Points The candidate must provide the necessary certificates of completion and proof of committee/special team participation in order to be awarded for points in the specific areas listed below: Candidate Name Teams/Certifications Available Points Total Points 4 Points per Member of HazMat Team Year 4 Points per Member of SCUBA Team Year 4 Points per Member of TILT Team Year Haz Mat Tech A 4 Points Management III 4 Points Management IV 4 Points Tactics and Strategy II 4 Points Instructor II 4 Points College Credit 2 Points for every 10 credit hours Total Points Page 1: 54 Committee Public Education Instructor Pension Board Member Wage/Labor Committee Member Union Exec. Board Member Foreign Fire Tax Board Member Paramedic Preceptor Equipment Committee Physical Fitness Committee Safety Committee Honor Guard/AFFI CADS/NWCS Liaison SOG Committee Apparatus Committee EMS Committee Clothing Committee Training Committee Member of Recognized Fire Available Points 2 Points per Year —to - 2 o_ 2 Points per Year — to - 2 Points per Year — to -2 Points per Year — to - 2 Points to - per Year — to -2 Points per Year — 2 Points to - per Year — to -2 Points per Year — to -2 Points per Year — 2 Points per Year — to - 2 Points per Year to 2 Points per Year to. 2 Points to - per Year — to -2 Points per Year — 2 Points per Year — to -2 Points per Year —to - 2 Points per Year to_ 55 Total Points Dept • ittee/Program Total of 150 Points Maximum Conversion Formula: Total Points Awarded/Total Available Points X 15 = Number of Ascertained Merit Points, Example: ,01150 = 0.53 X 15 = 8 Total '• 130/150 = 0.86 X 15 = 13 Total '• RR ARTICLE XVII SAVINGS CLAUSE SavinLs Clause - In the event any article, section or portion of this Agreement shall be held invalid and unenforceable by a board, agency or court of competent jurisdiction, or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to specific article, section or portion thereof specifically specified in the board, agency, or court decision, or subsequent litigation and the remaining parts or portions of this Agreement shall remain in full force and effect. Upon request from either party, such provision shall be open for immediate renegotiation. ARTICLE XVIII PRECEDENCE OF AGREEMENT VS. ORDINANCE Precedence Of Agreement Vs. Ordinance — If there is a conflict between a specific provision of this Agreement and a specific provision of a Village ordinance or a written rule, regulation, directive, policy, or other procedure which may be in effect from time to time, the specific provisions of this Agreement for its duration shall take precedence. 57 ARTICLE XIX ENTIRE AGREEMENT A. This Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term as to any condition of employment covered by the provisions of this Agreement, and both parties waive their right to bargain for the term of this Agreement as to such conditions of employment. As to such conditions of employment, this Agreement supersedes and cancels all prior precedence of agreements, whether written or oral, unless expressly stated in this Agreement. B. As to any terms or conditions of employment which constitute a mandatory subject of bargaining or other terms or conditions which are permissive subjects of bargaining over which the Union has either decisional and/or effects bargaining rights under the Illinois Public Labor Relations Act (IPLRA), and which are not covered by a provision of this Agreement, the Union shall retain such bargaining rights during the term of this Agreement. If the Village desires to make a change in any such terms or conditions during the term of this Agreement, it shall first provide the Union with written notice of the proposed change and specify whether it believes such change to involve a mandatory or permissive subject of bargaining. The Union's bargaining rights shall be implemented according to the following procedure as to proposed changes that involve a mandatory subject of bargaining: 1. If the Union wishes to exercise its bargaining rights under the IPLRA as to the decision and/or potential effects of the proposed change, it shall notify the Employer in writing within seven (7) days of its receipt of the Village's notice. Bargaining as to both the proposed decision and/or its potential effects shall commence within seven (7) days of the Union's notice to the Village or at such other times as may be mutually agreed by the parties. Such bargaining shall continue until agreement is reached or for a period of thirty (30) calendar days from the date of the first bargaining session, whichever event is sooner. The 30 day period shall be extended if the Village fails to make its bargaining team available at reasonable times and places during the 30 day period or if the parties mutually agree to a longer period. 2. If an impasse is reached and the .subject of the proposed change is a matter which 58 involves a serious and imminent fiscal exigency, the Village may implement its decision but only on an interim basis subject to the decision of an interest arbitrator. Within seven (7) days of such act the Union may invoke interest arbitration to resolve the dispute. The arbitrator shall be selected in accordance with the procedures of Article VII of this Agreement. In the alternative, the Union may invoke expedited interest arbitration and, unless mutually agreed otherwise, a hearing shall commence before the interest arbitrator, selected as set forth above, within thirty (30) days and the arbitrator shall issue his award in writing within fifteen (15) days following close of the hearing; the full written decision may be issued within thirty (30) days of the close of the hearing. In the event that the Village's decision and action is submitted to interest arbitration or expedited interest arbitration, the Village as the party moving to change the status quo shall have the burden of persuasion and the Union's position in such arbitration hearing shall not be prejudiced by the fact the Village acted unilaterally to implement the proposed change. At the hearing the interest arbitrator shall treat the Village's interim action as a Village proposal and shall have authority to order the Village to prospectively rescind or otherwise prospectively alter the disputed change. Any economic loss or other damages incurred to members of the bargaining unit which the Union claims to have resulted from the Village's interim implementation of its decision may be remedied by the interest arbitrator. Either party shall have the right to introduce evidence in interest arbitration relating to the actual experience under the Village's implemented interim decision. 3. In the event that the Village's proposed change as to a mandatory subject of bargaining does not involve a serious and imminent fiscal exigency, and the parties reach impasse, the matter may be submitted to interest arbitration or expedited arbitration by either party. However, the parties agree that in this instance the status quo will be maintained pending the decision of the arbitrator. C. As to any action not covered by a provision of this Agreement which is not a mandatory subject of bargaining, but over which the Village is obligated to bargain as to the effects of 59 its decision under the IPLRA, the Union shall retain its right to effects bargaining and such effects bargaining rights shall be implemented according to the procedure stated in B.2 and B.3 above except that: 1. The Village's duty to bargain shall extend only to the effects of its decision. 2. The Village's decision maybe implemented immediately and only the effects of its implemented decision may be subject to further bargaining and/or to a decision by an interest arbitrator as set forth in B.3 above. If such interest arbitrator deems it appropriate, he may prospectively alter or remedy the effects of the implemented decision and make the Union and its members whole for any losses resulting from the Village's action. 3. If the Village fails to notify the Union of a change that gives rise to effects bargaining rights, the Union's obligation to request bargaining under the time frames established in paragraph B.I. of this Article does not begin until the Union is notified of the change or until the Union, through the use of reasonable diligence, could have obtained knowledge of the change. D. in the event of dispute between the Village and union as to whether an item is a mandatory or permissive subject of bargaining, the parties shall submit that disputed issue for determination by a Declaratory Ruling pursuant to the rules of the Illinois State Labor Relations Board (Section 1200.140). The parties agree to be preliminarily bound by the Declaratory Ruling for purposes of determining mid-term bargaining obligations as set forth in this Article, but such ruling shall not be binding on the parties or on an interest arbitration panel in connection with the negotiation or arbitration of a Successor Agreement. ARTICLE XX DURATION AND TERMINATION 20.1 Duration - This Agreement shall be effective upon execution by the parties, unless a specific effective date is otherwise specified, and shall remain in full force and effect until 11:59 p.m. on the 31St day of December, 2018. It shall be automatically renewed from year to year thereafter unless either party notifies the other in writing at least 90 days prior to the expiration of the contract that it desires to modify or amend this Agreement. In the event such written notice is given, the parties agree to commence negotiations as soon as practicable, but no later than 30 days after such notice, unless mutually agreed to meet at a different time. In the event a full settlement as to the terms of a successor agreement is not reached, the parties agree that they shall engage in mediation and that either party may, after participating in at least one mediation, invoke interest arbitration as provided by the terms of the IPLRA § 14. Notwithstanding any provisions of this article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date, and until a new agreement is reached, unless either party gives at least ten days written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph, and provided further that such notice shall not be constituted as waiving the Union's rights under of the IPLRA § 14. 20.2 Signature - IN WITNESS WHEREOF, the parties have executed this Agreement by their duly ��'`� , authorized officers or representatives on this //ww................ day of 2016. MOUNT PROSPECT FIREFIGHTERS UNION LOCAL 4119: By, ^ ........ .. Dale Steward, "our President J. Date VILLAGE OF MOUNT PROSPECT: A By:... ..... ........ — Arlene A. Juracek, Mayor uunsel M. Lisa Angell, Village Irk 1l _ a ' XN -)TV. 4 9 . I hereby apply for membership in the Mount Prospect Firefighters Union, Local 4119, I.A.F.F. AFL-CIO. I understand that by electing to join the Union I am covered by the Membership provision of the current labor Agreement between the Union and the Village of Mount Prospect. I hereby authorize the Village of Mount Prospect to deduct from my pay each month the uniform dues and remit said amounts to the Union. I understand that this authorization cannot be canceled by me, unless I give written notice to both the Village and the Union thirty (30) days prior to the desired effective date of the termination. I understand that if my Union membership is terminated and this authorization is withdrawn, I will be subject to the Fair Share assessment provided for in the current Agreement between the Union and the Village. Print Name Signature LM APPENDIX "B" SALARYSCHEDULE FIIIEF ICI- T ER ANDPARAMEDIC WAGE RATES L'F Effective January 1, 2016 - December 31, 2016 Firefighter Paramedic Paramedic Base Pav Incentive Base Pay' Start $ 58,680 $ 5,500 $ 64,180 1 Year $ 65,161 $ 5,500 $ 70,661 2 Years $ 70,161 $ 5,500 $ 75,661 3 Years $ 75,164 $ 5,500 $ 80,664 4 Years $ 78,796 $ 5,500 $ 84.296 5 Years $ 86,365 $ 5,500 $ 91.865 Top Grade, $ 89,729 $ 5,500 $ 95,229 Effective January 1, 2017 - December 31, 2017 Firefighter Paramedic Paramedic Base Pay' Incentive Base Pay' Start $ 59,853 $ 5,500 $ 65,353 1 Year $ 66,464 $ 5,500 $ 71,964 2 Years $ 71,564 $ 5,500 $ 77,064 3 Years $ 76,667 $ 5,500 $ 82,167 4 Years $ 80,372 $ 5,500 $ 85,872 5 Years $ 88,093 $ 5,500 $ 93,593 Top Grade, $ 91,524 $ 5,500 $ 97,024 Effective January 1, 2018 - December 31, 2018 Firefighter Paramedic Paramedic mmmBase Pay' Incentive ITITITmmmmmmmmITBase Pay Pay Start $ 61,050 $ 5,500 $ 66,550 1 Year $ 67,793 $ 5,500 $ 73,293 2 Years $ 72,995 $ 5,500 $ 78,495 3 Years $ 78,200 $ 5,500 $ 83,700 4 Years $ 81,979 $ 5,500 $ 87,479 5 Years $ 89,855 $ 5,500 $ 95,355 Top Grade, $ 93,354 $ 5,500 $ 98,854 L'F LIEUTENANT WAGE RATES Effective January 1, 2018 - December 31, 2018 Effective i/1/2018: Lt./Paramedic Incentive Adjustment - Paramedic Incentive split to add Fire Officer II/Advanced Fire Officer Certification Incentive (See Officer Incentive/Base Pay) Paramedic & Adv. Adv. Fire Fire Lieutenant Paramedic Paramedic Officer Officer Officer Base Pay' Incentive Base Pav' Incentive Base Pav Base Pay Start Effective January 1, 2016 - December 31, 2016 $....� l Year Lieutenant Paramedic Lt/Paramedic 2 Years Base Pav Incentive Base Pav Start $ $ 1 Year $ $ 2 Years $ 107,826 $ 3,500 3 Years $ 112,026 $ 3,500 4 Years 5 Years $ 103,639 $ 5,500 $ 109,139 Top Grade, $ 107,676 $ 5,500 $ 113,176 Effective January 1, 2018 - December 31, 2018 Effective i/1/2018: Lt./Paramedic Incentive Adjustment - Paramedic Incentive split to add Fire Officer II/Advanced Fire Officer Certification Incentive (See Officer Incentive/Base Pay) Paramedic & Adv. Adv. Fire Fire Lieutenant Paramedic Paramedic Officer Officer Officer Base Pay' Incentive Base Pav' Incentive Base Pav Base Pay Start Effective January 1, 2017 - December 31, 2017 $....� l Year Lieutenant Paramedic Lt/Paramedic 2 Years Base Pay Incentive Base Pav Start $ $ I Year $ $ 2 Years $ 107,826 $ 3,500 3 Years $ 112,026 $ 3,500 4 Years 5 Years $ 105,712 $ 5,500 $ 111,212 Top Grade, $ 109,830 $ 5,500 $ 115,330 Effective January 1, 2018 - December 31, 2018 Effective i/1/2018: Lt./Paramedic Incentive Adjustment - Paramedic Incentive split to add Fire Officer II/Advanced Fire Officer Certification Incentive (See Officer Incentive/Base Pay) Paramedic & Adv. Adv. Fire Fire Lieutenant Paramedic Paramedic Officer Officer Officer Base Pay' Incentive Base Pav' Incentive Base Pav Base Pay Start $ $....� l Year $ $ 2 Years $ $ 3 Years $ $ 4 Years $ $ 5 Years $ 107,826 $ 3,500 Top Grade, $ 112,026 $ 3,500 $ 111,326 $ 2,000 $ 109,826 $113,326 $ 115,526 $ 2,000 $ 114,026 $117,526 To be eligible for Top Grade level of wages firefighters must have completed the following certifications: • Five years of employment • Advanced Technician Firefighter • Fire Apparatus Engineer To be eligible for Top Grade level of wages, lieutenants must hold current state certifications for the following: • Hazardous Materials Technician `A' (Replaced by Incident Safety Officer effective 7/l/2017) • Incident Safety Officer (Effective 7/1/2017) - Lieutenants with the Incident Safety Officer Certification or who have made a good faith effort to attain the certification will be considered to have fulfilled this component of the Top Grade eligibility requirements. • Fire Officer I, Company Officer or equivalent - Employees currently in Fire Officer "provisional" status shall be qualified for Fire Officer I certification after completing one (1) year of service as a Lieutenant or 100 24 hour shifts or 2400 hours of acting time as a Company Officer based upon department and training records or scheduling rosters Firefighters that are currently Top Grade pay for holding certifications for Firefighter III, Hazardous Materials Ops, and Fire Apparatus Engineer shall retain Top Grade level. or who have made fulfilled 'Paramedic Incentive $5,500 between Firefighter step and Firefighter/Paramedic step. $5,500 between Lieutenant step and Lieutenant/Paramedic step. Effective January 1, 2018 - $3,500 between Lieutenant step and Lieutenant/Paramedic step. Paramedic incentive pay shall be considered salary for pension purposes. Firefighter/Paramedics must complete five years of service before becoming eligible for the sixth step (Top Grade). However, they may receive the Paramedic specialty incentive pay upon paramedic certification. ME Lieutenant Difflerentialj!ay: Lieutenants that maintain their paramedic certification shall be eligible for the Lieutenant/Paramedic Base Pay Rate. Effective Januar-y 1, 20118: 'Lieutenants that maintain F ire Offil Icer 1111 and/or Advanced Fire Officer I SUNNI, III, " ME III Mr .� Lieutenants that maintain Paramedic and a Fire Officer It or Advanced Fire Officer certifications shall be eligible for Lieutenant/Paramedic/Advance Fire Officer Base Pay Rate. Paramedic Licei,ise (State Reguired : The Village will reimburse employees upon receipt of payment verification and a copy of the paramedic license in an amount not to exceed $40 per 4 year license. The reimbursement shall be added to the next available regular payroll or not later than 30 days beyond the date of the receipt of the documentation. APPENDIX "C" DRUGS AND ALCOHOL Section I Genei-al Policy Re � DLq ,y and"Alcohol.. Behavior involving illegal drugs and the abuse of alcohol and legal drugs by members of the Mount Prospect Fire Department present unacceptable risks to the safety and well-being of other employees and the public, invite accidents and injuries, and reduce productivity. In addition, such use and abuse violate the reasonable expectations of the public that the Village employees who serve and protect them obey the law and be fit and free from the adverse effects of drug and alcohol use. In the interests of employing persons who are fully fit and capable of performing their jobs, and for the safety and well-being of employees and residents, the parties hereby establish a screening program implementing the stated policy regarding drug and alcohol use by employees. Contained herein is the policy and program of the Village of Mount Prospect and the Mount Prospect Fire Department, as specifically applied to members of the Village of Mount Prospect Fire Department. The Fire Department has the responsibility to provide a safe work environment as well as a paramount interest in protecting the public by ensuring its employees are physically and emotionally fit to perform their jobs at all times. For these reasons, the abuse of prescribed drugs, the abuse of alcohol or the use, possession, sale or transfer of illegal drugs, cannabis or non -prescribed controlled substances by Department members is strictly prohibited on or off duty. Violation of these policies will result in disciplinary action up to and including discharge. Section 2 Definitions. A, "Drugs" shall mean any controlled substance listed in 720 ILCS 570 et seq., known as the Illinois Controlled Substances Act, for which the person tested does not submit a valid pre -dated prescription. Thus, the term "drugs" includes both abused prescription medications and illegal drugs of abuse. In addition, it includes "designer drugs" which may not be listed in the Controlled Substances Act but which have adverse effects on perception, judgment, memory or coordination. A listing of drugs covered by this Policy includes, but is not limited to: Opium Methaqualone Psilocybin-Psilocyn Morphine Tranquilizers MDA CSI Codeine Cocaine PCP Heroin Amphetamines Chloral Hydrate Meperidine Phenmetrazine Methylphenidate Marijuana LSD Hash Barbiturates Mescaline Methadone Glutethimide Steroids Vicodin Hash Oil Ecstasy B. "Impairment" due to drugs or alcohol shall mean a condition in which the employee is unable to properly perform his/her duties due to the effects of a drug in his/her body. Where impairment exists (or is presumed), incapacity for dkity shall be presumed. "Impairment" due to alcohol shall be presumed when a blood alcohol ITTIST =- initial screening test. If the initial test is positive, but the confirming test is negative, the test results will be deemed negative and no action will be taken. A positive confirming test result is one where the specimen tested contained alcohol, drug or drug metabolite concentrations at or above the concentration specified in Section C, 5.A.7. ma- •ITNUff rlflffl• 'e tion 3. Prohibitions. Firefighters shall be prohibited from: A. Consuming or possessing alcohol or illegal drugs at any time during the workday on any of the Employer's premises or job sites, including all of the Employer's buildings, properties, vehicles and the employee's personal vehicle while engaged in the business of the Employer. B. Using, selling, purchasing or delivering any illegal drug during the work day or when off duty. C. Being impaired or under the influence due to alcohol during the course of the work day. C-2 D. Failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. E. The use of alcohol within four hours of reporting to duty. Violations of these prohibitions shall result in disciplinary action up to and including discharge. Section 4. Administration of Tests. A. Informhl , Employees Regarding Policy, New employees will be supplied with a copy of this Policy on Drug and Alcohol Screening as part of the new employee orientation. However, it is the responsibility of all members of the Fire Department to be aware of, and adhere to, this policy and rules and procedures contained herein. B. Reasonable Suspicion. Where the Village has reasonable suspicion of drug use or alcohol abuse, a test may be ordered and the employee may be required to report for testing. Reasonable suspicion exists if the facts and circumstances warrant rational inferences that a person is using and/or is physically or mentally impaired due to being under the influence of alcohol or illegal drugs. Reasonable suspicion will be based upon the following: (1) Observable phenomena, such as direct observation of use and/or the physical symptoms of impairment resulting from using or being under the influence of alcohol or controlled drugs; or (2) Information provided by an identifiable third party which is independently investigated by the Fire Chief or his designee to determine the reliability or validity of the allegation. C. Accidents/lgigri s. When a member is involved in an on-the-job accident or injury, a supervisor shall conduct a preliminary investigation promptly and, as part of the investigation, shall evaluate the member's appearance and behavior. Drug and alcohol testing may be required where there is reasonable suspicion that an error or mistake due to drug or alcohol use by the employee caused the accident or injury or where there is reasonable suspicion that an employee's alcohol or drug use may have contributed to the incident. C-3 D. Performance. When a member is observed to be behaving in a manner causing reasonable suspicion of drug and/or alcohol use, the supervisor may require a drug and alcohol test. Whenever feasible, the impaired behavior should be observed and corroborated by another supervisory member. E. Arrest or Indictment. When a member has been arrested or indicted for conduct involving alcohol abuse and/or illegal drug related activity on or off duty, the Fire Chief may require drug/alcohol screening. The Fire Chief may also or instead of a drug/alcohol screening, make a mandatory referral for an evaluation of the existence of a substance abuse problem. If the certified substance abuse professional or other licensed physician or psychologist acceptable to the Village and to the Union indicates that a treatment program is recommended, that treatment program will be viewed as mandatory in accordance with the existing language in the drug/alcohol policy. If the evaluation indicates a treatment program is not necessary, the treatment program would not be mandatory. F. Status of Employee Order 1 -or t'esdns,� When testing is ordered, the employee will be removed from duty and placed on leave with pay pending the receipt of results. G_ There shall be no across-the-board or random testing of employees except as specifically provided for by Section 8 of this Article, or as otherwise mutually agreed in writing by the parties. .,Vection 5 Testtqg i-oce d res. The test procedures outlined in this Section shall conform with the NIDA Standards (National Institute on Drug Abuse) of the Federal Guidelines issued by the forth in Title 48 of the C.F.R. effective 12-1-89. A copy of such procedures shall be provided to the Union and employees upon request. The Fire Chief shall ensure that the Department testing procedures established for the collection of urine and blood specimens conform to such regulations and the testing of such specimen is carried out at a designated NIDA -certified laboratory. C-4 A. General Procedures: Employees covered by a collective bargaining agreement are entitled to union representation; a union representative shall accompany the employee to the collection site, provided such representative is available and that securing such representative does not impede the process. Collection Sites Collection services will be provided at a NIDA -certified lab. For services needed when a NIDA lab is not open, collection services will be provided at a NIDA -certified laboratory to be mutually agreed upon. B. Chain-of-CLIstod : In all cases, strict chain -of -custody procedures will be followed: 1. Immediately after the specimen is obtained, the client and the doctor or nurse will initial the confidence seal on the urine specimen. 2. Both parties will sign the laboratory chain -of -custody form, including the date and time. 3. Labeled specimens will be placed in a locked refrigerator or laboratory container located in the clinic. The NIDA lab staff member will sign and date the NIDA lab log. 4. Lab courier will pick up specimens twice per weekday and once per weekend. Courier and NIDA lab staff will sign the chain -of -custody form. 5. Specimens will be transported directly to the designated NIDA -certified laboratory where they will be processed in a separate drug testing area accessible only to authorized personnel. 6. Once in the lab, all personnel who handle the specimen must sign and date the chain -of -custody form. C. Scheduling: 1. "For cause/fitness for duty" and other non -routine collection of specimens for testing will not require an appointment, but the individual must be accompanied by a supervisor, who will present identification. In most cases, a NIDA -certified lab will be notified by phone of a collection request "on the way". 2. Routine collection of specimens for testing will be done by appointment at least 24 C-5 hours in advance. 3. When collection is done at the Emergency Room, the Village will notify a NIDA - certified lab on the next business day. At the hospital, the supervisor will present identification and notice that this is a NIDA -client. D. Results - Results will be forwarded by mail to the Director of Human Resources in a confidential envelope. Generally, this means within 24m-72 hours of specimien pick-up by the lab. Results will not be released by phone when the call is initiated by someone outside NIDA or the testing lab. The Director of Human Resources may request that NIDA release the results by phone or in person only to him/her. Written results are the property of the Village of Mount Prospect and will not be released by NIDA or the laboratory to an employee/applicant without proper authorization from the Village. E. Collection Procedure 1. Client identity will be verified by driver's license or by the supervisor in the absence of a picture I.D. Verification will be done by doctor or nurse. 2. Drug history/drug disclosure form will be completed by the client, and reviewed by the doctor or nurse. 3. Consent form will be signed by client and witnessed. 4. The specimen will be obtained as follows: - At the NIDA certified lab site, the collection will be unwitnessed: the client will be fully unclothed, dressed in a hospital gown, wash his/her hands thoroughly, including under and around the fingernails; and accompanied to the bathroom door. The client will void in a bathroom with colored toilet water, taps shut off, and devoid of soap or other materials which would be used to adulterate the specimen. - At the Emergency Room site, if the specially -equipped bathroom is not available, the test will be witnessed. A doctor and/or nurse will accompany the client to the bathroom and will be physically present when the specimen is produced. Blood alcohol specimen will be obtained by a nurse. 5. Blood alcohol specimen will be labeled with name, test date, time, and will be C-6 initialed by the nurse or doctor and the client. 6. Urine specimen will be sealed in full view of the client and the confidence seal placed over the top of the bottle. 7. The chain -of -custody process will be initiated, and specimens will be given an I.D. number. The specimen will be labeled with that number, as is the chain -of -custody form. 8. Copies of the chain -of -custody form will be sealed in a tamper -proof custody envelope with the specimen. The envelope will be locked up in a metal box or locked refrigerator. 9. "For cause" testing will also include a medical history and physical exam to gather an understanding of any physical conditions, known or unknown of client as well as to provide a third party observation and assessment of the individual. 10. In connection with its testing program the Village shall engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading. F. Laboraloa Process A NIDA -certified laboratory will be utilized for all drug/alcohol screening processing. The laboratory will: 1. Use 7 drug panel of: amphetamines, barbiturates, benzodiazepines, cocaine, cannabinoids (THC), opiates and phencyclidine, unless the specific situation requires testing for another specific substance(s), plus alcohol (ethyl). 2. Use the EMIT procedure as the initial screen, utilizing cutoff levels as follows: Marijuana metabolites 100 ng/ml C-7 Cocaine metabolite 300 ng/inl Benzoylecgonine Opiate metabolite 300 ng/ml Amphetamines 1000 ng/ml Phencyclidine 25 ng/inl Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml 3. Use Gas Chromatography/Mass Spectroscopy (GC/MS) as the confirmatory method, utilizing cutoff levels as follows: Marijuana metabolites 15 ng/ml (Delta -9 -THC Carboxylic) Cocaine metabolite 150 ng/ml (Benzoylecgonine) Opiate metabolitcs: Morphine 300 ng/ml Codiene 300 ng/ml Amphetamines 500 ng/ml Amphetamine or Metbampbetamine Phencydidinc 25ng/nil Barbiturates 200ng/m Benzodiazepincs 50ng/ml 4. Freeze and retain all positive specimens for at least twelve (12) months after testing 5. Use for alcohol (ethyl) a blood alcohol content level of .05 grams per 100 cubic centimeters. G. lndepegdent ,1 cstin When an employee has been tested pursuant to the rules established herein and there are confirmed positive results, the employee may request that a portion of the original specimen be submitted for an independent test. The employee shall be notified of his/her right to do so and request and complete the independent test within ten (10) days of notice. The independent test shall be at the employee's expense, shall use equivalent testing and chain -of -custody process used by the Village. If such independent test yields a negative test result, the Village will consider those results in its determination of further action. C-8 H. Confidentiality of Test Results The results of drug and alcohol tests will be disclosed to the person tested, the Fire Chief, the Director of Human Resources, and such other officials as may be designated by the Village Manager on a need -to -know basis consistent with the other provisions of this Agreement, including treatment needs, diagnosis, use of the Employee Assistance Program and investigation of disciplinary action. Test results will be disclosed to the designated representative of the Union upon request. Test results will not be disclosed externally except where the person tested consents or disclosure is permitted by law. Any member whose drug/alcohol screen is confirmed positive, shall have an opportunity at the appropriate stage of the disciplinary process to refute said results. A breach of confidentiality shall be considered a serious act of misconduct and the Union may grieve and remedy violations through the grievance procedure. Nothing in this provision shall be construed as waiving the Union's statutory right to obtain information that may be relevant to collective bargaining or the administration of grievances. Section 6 V'olu a car e ue� yt Fors,.S. 0a nce Employees are encouraged to voluntarily seek treatment, counseling and/or other support and assistance for an alcohol or drug related problem. If such voluntary assistance is sought by the employee before the employee commits rule violations connected with drug/alcohol abuse, and/or before the employee is subjected to for cause testing under this policy, there shall be no adverse employment action taken against an employee who voluntarily seeks assistance. When voluntary assistance is requested under this policy, the employee may use the Village's Employee Assistance Program to obtain referrals, treatment, counseling and other support and all such requests shall be treated as confidential pursuant to the Village's normal procedures in the operation of its Employee Assistance Program. C-9 A. The Fire Chief or his/her designee will: 1. Identify those members where a drug/alcohol screen is required and inform the Director of Human Resources of said status. 2. When necessary, initiate a preliminary investigation to determine the validity of a member's admission that he/she is presently taking prescribed drugs. a. If the preliminary investigation reveals that the drugs have been legally prescribed and are being consumed according to prescription directions, no further investigation will ensue. B. Command level personnel or the Fire Chief shall ensure that members have been properly notified of the date and time of a drug/alcohol screen and that notification has been properly documented. C. The member subject to a drug/alcohol screen wilt: 1. Report on a date and time determined by the Department. 2. Furnish documentation relating to the use of any prescribed drugs, ie., prescription bottle with prescription number, prescribing physician's statement, etc. 3. Answer all pre -medical examination questions including the use of any/all prescribed drugs and the name(s) of any prescribed drugs and the name(s) of any prescribing physician(s). 4. Cooperate in the completion of all phases of the drug/alcohol screen in accordance with the instructions of the examining physician or his/her designee. 5. Have in his/her possession his/her departmental identification card. D. Any employee who is taking prescription medication that could affect perception, judgment, memory, coordination or other necessary ability to perform one's duties shall report such fact and the nature of the illness or condition requiring the medication to C-10 his/her supervisor. Such information will be treated on a confidential basis. Section 8 Discinlinary Action For Confirmed Positive Test Results. A. First Positive, The first confirmed positive test result will because for disciplinary action up to and including a five duty day disciplinary suspension. The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the Village's Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge. B. Second Positive - During, Treatment If an employee has a first confirmed positive test under the previous Paragraph A and enters a treatment program, and thereafter that employee has a subsequent confirmed positive test result while the employee is in treatment, as a result of unannounced periodic drug and/or alcohol screening, the employee shall receive a 30 shift day disciplinary suspension and shall be required to continue in treatment and comply with the other conditions of treatment set forth in the preceding paragraph, which 30 shift day disciplinary suspension shall be final and binding on the Union and the employee and shall not be subject to the grievance procedure. Any confirmed positive test thereafter, either periodic, unannounced or reasonable suspicion, shall result in the employee's discharge, which shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure of the collective bargaining agreement. C. Second Positive - Reasonable Suspicion , An employee who has a first confirmed positive test under Paragraph A of this Section 8 and who subsequently has a confirmed positive test under the reasonable suspicion standard shall be discharged, which discharge shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure in the collective bargaining agreement. D. Employment Status. There is no requirement on the part of the Village to keep an C -ll employee on active employment status who is receiving treatment under this Section if it is appropriately determined i.e., determination by an independent physician and/or appropriately certified medical and/or psychological professional) that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity to use accumulated paid leave or take an unpaid leave pending treatment. C-12 EXHIBIT "A" ORDER TO SUBMIT TO DRUG AND ALCOHOL TESTING Pursuant to its Substance Abuse/Testing Policy, the Village of Mount Prospect has determined that you are to be tested for the presence of drugs or alcohol for the following reasons: Date of this Order: Date Test is to be administered You are permitted to consult with a representative designated by the Union and to have that representative present at the time the test is given, provided that such consultation does not result in undue delay of the test. A refusal to submit to this test may subject you to discipline. Taking this test shall not be construed as a waiver of any objection or rights that you may have. During the period of this testing, you will be removed from duty and placed on leave with pay pending the receipt of results. You are permitted to have a blood sample taken and retained for testing should the initial test prove positive. Do you wish to have blood drawn for this purpose? Initial one (1) of the following: Yes No May the test results be disclosed to the Union? Initial one of the following: Yes No Signature of Employee/Date Signature of Village Official(s)/Date Union Signature(s)/Date C-13 APPENDIX "D" VILLAGE OF MOUNT PROSPECT REQUEST TO INSPECT/COPY PERSONNEL FILE Date of Request: I, (print name of employee) MM X01 1111 11111 111 111 Jill Signature of Employee .i � You were granted access to your records on wish to: Additional time will be required to grant this request. You may inspect/copy your personnel file on: This inspection/copy request is denied because two prior requests during this calendar year have already been granted to you. Signature of Personnel Record [deeper, Date: D-1 APPENDIX "E" TRADE DAY FORM MOUNT PROSPECT FIRE DEPARTMENT - REQUEST TO TRADE DAYS Name regular tour of duty on Day of Week Name of Proposed Replacement Asks permission to be absent from his/her Date will be my replacement on the above date. He is capable of performing the duties assigned to me. I understand that if my replacement does not appear for the traded tour of duty, I will be docked pay for the missed time, including any overtime expense for any required hireback. This trade will be repaid on: Requester's Signature Company Officer's Signature Day of week Date Replacement's Signature Company Officer's Signature Battalion Chief's Signature Battalion Chief's Signature Trade denied by: _ Reason for denial: ............. GUIDELINES: • Trade days that cause a hire back or any member to be paid acting officer pay will be denied or canceled. • The Employee who is requesting the trade day may only trade shifts with an employee of the same rank andjob description, and who is capable of doing the same job requirements. Trades of time off days within the 28 day cycle should be approved between ranks and job descriptions, providing they do not cause potential hirebacks or acting pay. Trades of vacation days across the 28 day cycles should also not create a problem, but this must be within original vacation pick parameters and at the discretion of the Battalion Chief. If the trade has the potential of a hireback or acting pay, the Battalion Chief has the authority to deny the trade. • The clerical responsibility of the "Trade Day Agreement" shall be that of the trade day requester. The requester shall be sure the proper form is completed and it properly logged b a Bad higC before the day of the trade. • The employee who is provided relief on the day of the trade has the responsibility to ensure that whom he/she traded with will show up. If for any reason the fill-in does not complete his/her requirements, the employee assigned to that shift shall be docked that pay for being absent. • All trade days between two members shall be completed within the same Mount Prospect Fire Department shift calendar year unless the trade is initiated within the last three months of the calendar year (Oct 1 -Dec 31 ), if so the trade maybe paid back within the first three months (Jan I -Mar 31) of the new calendar year. Any change to the original "Trade Day Agreement" shall take the form of a memo and follow the proper chain of command. • No three way trade days shall be allowed. E-1 • The Mount Prospect Fire Department shall not bear the responsibility for any trade days that are not honored, such as: due to an injury where a firefighter cannot complete his part of the trade day agreement. FAILURE TO PROVIDE RELIEF AFTER AGREEING TO WORK FOR ANOTHER EMPLOYEE MAY RESULT IN THE LOSS OF THE OFFENDING EMPLOYEE'S TRADE DAY PRIVILEGES. E-2 APPENDIX "F" FIRE DEPARTMENT GRIEVANCE FORM Grievance information to be filled out by enz to ee No.. All formal Grievances shall be filled not later than 14 calendar days from the date of the first occurrence of the matter giving rise to the Grievance or 14 calendar days from the date the grievant knew, or should have known, of the matter giving rise to the Grievance. Employee Name Badge # Rank DUTY ASSIGNMENT: Station # Shill I submit the following Grievance which occurred or became known to me on: As a violation of Agreement provision: The facts pertaining to said Grievance are as follows: I suggest the following correction (s) be made Employee Signature F-1 Date Date GRIEVANCE PROCEDURE STEPS Ste l: Supervisor Step I shall be initiated when the employee notifies their supervisor of a Grievance using this Grievance form. Notification Date: Supervisor Sig:iauj.re: Date: The supervisor shall meet with the employee within seven calendar days of the Notification Date. Meeting Date. Union notified of meeting date: Yes No Result: Comments: Resolved,Unresolved, .'No Response, or No Meeting held .................. Sten 2: Grievance Committee Step 2 shall be initiated when the employee presents the Union President or Vice President with their Grievance Form for appeal to the Grievance Committee. Notification Date: The Grievance Committee shall have 14 calendar days to determine if the Grievance should be processed further. Grievance Committee recommends the Grievance proceed to the next step Yes No If yes: Firefighter Grievances shall proceed to Step 3. Lieutenant Grievances shall proceed to Step 4. Grievance Committee Signature: Date: Comments: F-2 Ste : Battalion Chief Step 3 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Battalion Chief. Notification Date: Battalion Chief's Signature: Dated: Battalion Chief shall meet with the employee and/or Grievance Committee Representative with seven calendar days of the Notification Date. Meeting date: Grievance Committee Representative present: _Yes No After the meeting, the Grievance Committee shall have seven calendar days to decide if the wish to appeal the Grievance to the Fire Chief and proceed to Step 4. During the seven day time frame, the Battalion Chief shall attempt to resolve the Grievance. Result: Resolved Unresolved No Response No Meeting Held Comments: Grievance Committee Signature: F-3 dated: Ste 4:_Fire ire Chief Step 4 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Fire Chief. Notification Date: Fire Chief Signature: t The Fire Chief may meet with the employee and Grievance Committee Representative, but shall reply to the Grievance in writing within 7 calendar days of Notification Date. Date Reply Recei After receipt of the Fire Chiefs written reply, the Grievance Committee shall have 14 calendar days to decide if they wish to appeal the Grievance to the Village Manager and proceed to Step 5. Result: Resolved, or Unresolved Comments: Grievance Committee Signature: F-4 Date: Ste S: Village Manager Step 5 shall be initiated when the Grievance Committee submits a copy of the Grievance Form to the Village Manager, or his designee. Notification Date: Village Manager's Signature: Date: The Village Manager, or his designee, shall investigate the facts and circumstances as he deems necessary and shall reply to the Grievance in writing within 21 calendar days of the Notification Date. Date Reply Received: After receipt of the Village Manager's written reply, the Grievance Committee shall have 15 business days to if they wish to submit the Grievance to arbitration and proceed to Step 6. Result: _Resolved, or _Unresolved Comments: Grievance Committee Signature: Step 6: Arbitration dated: Step 6 shall be initiated when the Grievance Committee notifies the Village Manager, in writing, of their intention to submit the Grievance to arbitration. Notification Date: Village Manager's Signature:. Date: Grievance Committee Signature: Date: Arbitrator selected (name): Date: Arbitrator's Ruling: F-5 APPENDIX "G" GROUP HEALTH AND MEDICAL INSURANCE 1105 At lization: The Village agrees to maintain in full force and effect for the life of this Agreement, a health insurance benefits program for full-time employees. The Village agrees to pay any and all increases in premiums for the current benefits prograin during the term of this Agreement. Notwithstanding anything contained herein, the Village may alter its health insurance plans to meet the requirements of the Patient Protection and Affordable Care Act ("Act") (including by example, but without limitation, the imposition of a tax on the Village due to the amount paid by the Village for its health plan as so- called "Cadillac" plan.) The Village retains the option to obtain alternative health coverage that is substantially similar to the existing plan in an ell'ort to reduce costs and avoid the "Cadillac" tax. If the Village is unable to obtain an alternative health insurance plan to avoid the tax the Village and the Union shall meet to bargain over the opportunities to avoid the "Cadillac" tax. Further it is expected that under this Act, beginning in 2014, various federal health care reform mandates may impact the Village's existing health insurance care plans, and certain health insurance exchanges shall be offered as an alternative to the Village's existing health care plan. The Village and the Union shall meet to bargain over the alternative coverage and the applicable federal health care mandates on the Employer's existing health insurance plan and the costs related hereto. Each employee, upon becoming eligible for the above coverage, shall receive a policy and descriptive literature describing the health insurance benefits and the procedures for utilizing them. Employee's contribution towards the insurance benefits program shall be as follows: Employees have the choice to choose from a PPO plan with a specific deductible or HMO with specific co -pay levels: U-2 Option #1 Option #2 Option #2 Effective Coverage PPO ($250/$750) Plan HMO PPO ($500/$1500) Plan HMO Date Type/Co-Pay $250 single deductible ($20/$50) $500 single deductible ($20/$75) ($25/$75) Type $750 family deductible Plan $1500 family deductible Plan $900 family deductible Single $105.00 $105.00 $93.00 $93.00 Single Single Discount (10%)* $94.50 $94.50 $83.70 $83.70 Family $234.00 $234.00 $206.00 $206.00 Family Discount $175.50 $175.50 $154.50 $154.50 $91.80 (25%)* Family $258.00 January _...._• ...... W Family Discount 1, 2016 Doctor Co -pay $20.00 $20.00 $20.00 $20.00 (30%)* Specialist Doctor $40.00 $40.00 $40.00 $45.00 January Co -pay Emergency Doctor Co-pav _...._...._.. _ $25.00 $25.00 _ ._ ... _.._....__ $25.00 Room Visit Co- $50.00 $50.00 $50.00 $75.00 $50.00 Pay $50.00 Co -pay *Drscrrt�r t rate crw oiro �e gar t hose w rcr rcrRm letr�t rxn ement Partici otr'a��n 6?ewards s.ctioa, faea<ow. U-2 Option #1 Option #2 Effective Coverage PPO ($300/$900) Plan HMO PPO ($500/$1500) Plan HMO Date Type/Co-Pay $300 single deductible ($25/$75) $500 single deductible 100 ($25/$100) ) Type $900 family deductible Plan $1500 family deductible Plan Single $116.00 $116.00 $102.00 $102.00 Single Discount (10%)* $104.40 $104.40 $91.80 $91.80 Family $258.00 $258.00 $227.00 ......WWW $227.00 Family Discount $180.60 wwW W.. $180.60 $158.90 $158.90 (30%)* January 1, 2017 Doctor Co-pav _...._...._.. _ $25.00 $25.00 _ ._ ... _.._....__ $25.00 $25.00 Specialist Doctor $40.00 $50.00 $40.00 $50.00 Co -pay Emergency Room Visit Co- $75.00 $75.00 $75.00 $100.00 Pay *Discount rate ovoilable Lor those who qualify., SeeHegJ h MC,Pn i rn!!nt Portia otion Rewards section below. U-2 Monthly premium costs paid by employees shall be paid twice per month up to 24 times per year. The co -pay amounts for employees apply to both the PPO/indemnity and HMO insurance programs. Employees who participate in the HMO shall receive insurance coverage as dictated by the HMO provider. The co -payment level is established at 70 percent employer paid and 30 percent employee paid for services rendered outside of the Preferred Provider Network (PPO) in place at the time. The co- payment level is established at 90 percent employer paid and 10 percent employee paid for services rendered by a service provider who participates in the PPO. The Village of Mount Prospect shall be allowed to raise the maximum out-of-pocket expenses to the following: Two percent of the employee's pensionable pay for single coverage and four percent of the employee's pensionable pay for family coverage. The maximum out of pocket levels shall be established as illustrated in Exhibit Dl. G-3 Option #1 Option #2 Coverage PPO ($300/$900) Plan HMO PPO ($500/$1500) Plan HMO Effective Type/Co-Pay $300 single deductible ($25/$75) $500 single deductible ($25/$100) Date Type $900 family deductible Plan $1500 family deductible Plan Single $153.00 $153.00 $134.49 $134.49 Single Discount ,,,,,,� * $137.70 $137.70 $121.04 $121.04 (10%) Family $336.00 ... .. $336.00 ..... $295.34 $295.34 . .�.. .............._.-._... Family Discount $235.20 $235.20 6.74 $206.74 $206.74 January 1, 2018 Doctor Co-pay _. __....... $25.00 $25.00 $25.00 $25.00 Specialist Doctor $40.00 $50.00 $40.00 $50.00 Co-Pay Emergency Room Visit Co- $75.00 $75.00 $75.00 $100.00 Pay *Discount are available for those v+haraFa She Health itana "artidl a�tian Rewardssection below. Monthly premium costs paid by employees shall be paid twice per month up to 24 times per year. The co -pay amounts for employees apply to both the PPO/indemnity and HMO insurance programs. Employees who participate in the HMO shall receive insurance coverage as dictated by the HMO provider. The co -payment level is established at 70 percent employer paid and 30 percent employee paid for services rendered outside of the Preferred Provider Network (PPO) in place at the time. The co- payment level is established at 90 percent employer paid and 10 percent employee paid for services rendered by a service provider who participates in the PPO. The Village of Mount Prospect shall be allowed to raise the maximum out-of-pocket expenses to the following: Two percent of the employee's pensionable pay for single coverage and four percent of the employee's pensionable pay for family coverage. The maximum out of pocket levels shall be established as illustrated in Exhibit Dl. G-3 Health Management partici anon Rewards The Village shall offer the biometric blood draw annually and employees may participate in the blood draw scheduled at the Village or at approved remote locations. Human Resources has the listing of the approved remote locations, in the instances when the employee and spouse cannot directly participate in the blood draw scheduled at the Village. Spouses must also participate in the biometric testing and meet the criteria established below to order to qualify for the family insurance premium discount. The biometric test consists of a 37 -panel evaluation including coronary risk assessment, blood count, and chem -screen profile. The purpose of the biometric test, blood pressure screening, body mass index and health risk assessment is to alert participants at an early stage of possible health issues and to prevent the issues from becoming catastrophic illnesses. The results are strictly confidential and mailed directly to the participant's home address on file. Biometric Measurements Healthy Range in four out of the five biometric measurements. • Blood Pressure • Total Cholesterol (HDL, LDL) • Triglycerides • Glucose • Body Mass Index (BMI) Employees and/or spouses that do not meet the four out of five criteria considered in the healthy range may still be eligible for the discount provided they participate in a physician supervised program that actively manages any of the criteria deemed to in the unhealthy range. The Village shall not have any information as to what areas any employee or spouse may be deemed to be in an unhealthy range nor shall the Village have any knowledge of any treatment. The information the Village shall receive is only if the employee and/or spouse meet the healthy range criteria and whether the healthy range is a result of participation in treatment or not is not communicated to the Village. Wellness discounts shall apply annually provided the criteria above are met. The discounts shall be applied to monthly insurance premium charges in the following amounts: ".._ ,,,,,,,_ Effective Date (Health Insurance Single Family Plan Year) Coverage Coverage 1/1/2016 L 10% 25% 1/1/2017 10% 30% 1/1/2018 10% 30% If an employee has family coverage they would not be eligible for a single coverage discount if only the employee participated in the biometric program. ISO Pr seri :)tion ll rug . Card The prescription co -payment amounts shall be as follows: There shall be no maximum out-of-pocket limit for annual prescription co -payment amounts. G-5 Effective Generic Formulary Brand Non -Formulary Date Prescription -� Prescription �.._..............�... Brand Prescription .. 1/1/2..._.......... �016 $20.00 ��$20.00� ��- ��� $50.00 $75.00_ 1/1/2017 rr r -_w �aam. _.. ...m $50.00 ..._........- $75.00 1/1/2018 _ $20.00 $50.00 $85.00 There shall be no maximum out-of-pocket limit for annual prescription co -payment amounts. MO Prescription ULqg Gard The prescription co -payment amounts shall be as follows,- ollows:Effective Effective Generic Formulary Brand Non -Formulary Date Prescription Prescription Brand Prescription 1/1/2016 $20.00 1 $50.00 $75.00 1/1/2017 $20.00 $50.00 $75.00 1/1/2018 $20.00 $50.00 $85.00 There shall be no maximum out-of-pocket limit for annual prescription co -payment amounts. G-5 General Prescription Drug Card I'n ornnation (Uplicable to Iboth PPO and HMO fans Mail order drug prescriptions shall be available to employees to purchase up to a 90 day supply with the employee paying the appropriate co -pay amount that corresponds to the classification of the prescription be it generic, non -formulary, or formulary. All mail order prescription drugs shall be paid by the employee in an amount of 2 times the appropriate prescription co -pay level depending on the classification of the prescription drug ordered (generic, formulary, non -formulary, or specialty). Prescription drugs that are considered Specialty drugs shall have a co -payment amount and shall not be subject to the out-of-pocket maximum. Effective January 1, 2017 prescription drugs that are considered Specialty drugs shall have a $350 co -payment amount. Prior to submitting a specialty drug prescription for payment the prescription must be pre -authorized. If the prescribed drug is determined to be a maintenance and non -elective drug the co -payments that corresponds to the classification of the prescription be it generic, non -formulary, or formulary shall apply and not the $350 co -payment amount. The parties agree that all emergency care benefits and second opinion benefits as provided in the health insurance plan booklet dated July 1, 2011, shall be covered at one hundred percent (100%) with no deductible to apply. The Employer has the discretion to select insurance carriers, provided that benefits are similar to those benefits in effect as of execution. G-6 Exhibit DI - Health Insurance Maximum Out of Pocket Rates - 2016 - 2018 G-7 2% 4% Wage Range Single Family $20,000 $29,999 $600 $1,200 $30,000 $39,999 $800 $1,600 $40,000 $49,999 $1,000 $2,000 $50,000 $59,999 $1,200 $2,400 $60,000 $69,999 $1,400 $2,800 $70,000 $79,999 $1,600 $3,200 $80,000 $89,999 $1,800 $3,600 $90,000 $99,999 $2,000 $4,000 $100,000 $109,999 $2,200 $4,400 $110-9000 $119,999 $2,400 $4,800 G-7 APPENDIX "H" ELECTION TO ARBITRATE DISCIPLINARY ACTION In accordance with Section 13.3 of the contract currently effective between the Village and the Union, the undersigned Grievant, with the approval of the union, elects to appeal the disciplinary action assessed against him/her to arbitration. In doing so, the undersigned understands that: (1) His/her grievance, unless otherwise settled, will be heard and determined by an arbitrator selected in accordance with Step 6; (2) He/she is waiving any and all rights to appeal of the decision by the Board of Fire and Police Commissioners of the Village of Mount Prospect, provided by to the Illinois Municipal Code 65 ILCS 5/10-2.1-17 and Administrative Review Act, 735 ILCS 5/3-101, et seq. The decision by the arbitrator shall be final and binding subject only to an appeal in accordance with the provisions of the Uniform Arbitration Act as provided by §8 of the IPLRA, 5 ILCS 315/8. APPEAL TO ARBITRATION APPROVED: EMPLOYEE DATE: H-1 PRESIDENT, LOCAL 4119 IAFF DATE: APPENDIX "I" OUTSIDE EMPLO ME T U 1. EST I am requesting approval for outside employment with the below -name organization: Organization Employment Status (F/T or P/T) Type of Industry Days of the week to be worked Job Title Hours to be worked per day Supervisor Address of Business Phone Number I am aware of the fact that approval will be based on the fact that said employment will not interfere with my effectiveness, physical well-being, or be in conflict of interest with my current position with the Village of Mount Prospect. Employee Signature Date Chief/Director Approval Date I-1 APPENDIX "J" (50 ILCS 742/) Fire Department Promotion Act. (50 ILCS 742/1) Sec. 1. Short title. This Act may be cited as the Fire Department Promotion Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/5) Sec. 5. Definitions. In this Act: "Affected department" or "department" means a full-time municipal fire department that is subject to a collective bargaining agreement or the fire department operated by a full-time fire protection district. The terms do not include fire departments operated by the State, a university, or a municipality with a population over 1,000,000 or any unit of local government other than a municipality or fire protection district. The terms also do not include a combined department that was providing both police and firefighting services on January 1, 2002. "Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners, Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of Trustees, or other entity having the authority to administer and grant promotions in an affected department. "Promotion" means any appointment or advancement to a rank within the affected department (1) for which an examination was required before January 1, 2002; (2) that is included within a bargaining unit; or (3) that is the next rank immediately above the highest rank included within a bargaining unit, provided such rank is not the only rank between the Fire Chief and the highest rank included within the bargaining unit, or is a rank otherwise excepted under item (i), (ii), (iii), (iv), or (v) of this definition. "Promotion" does not include appointments (i) that are for fewer than 180 days; (ii) to the positions of Superintendent, Chief, or other chief executive officer; (iii) to an exclusively administrative or executive rank for which an examination is not required; (iv) to a rank that was exempted by a home rule municipality prior to January 1, 2002, provided that after the effective date of this Act no home rule municipality may exempt any future or existing ranks from the provisions of this Act; or (v) to an administrative rank immediately below the Superintendent, Chief, or other chief executive officer of an affected department, provided such rank shall not be held by more than 2 persons and there is a promoted rank immediately below it. Notwithstanding the exceptions to the definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of this definition, promotions shall include any appointments to ranks covered by the terms of a collective bargaining agreement in effect on the effective date of this Act. "Preliminary promotion list" means the rank order of eligible candidates established in accordance with subsection (b) of Section 20 prior to applicable veteran's preference points. A person on the preliminary promotion list who is eligible for veteran's preference under the laws and agreements applicable to the appointing authority may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated in accordance with Section 55 and applied as an addition to the person's total point score on the examination. The appointing authority shall make adjustments to the preliminary promotion list based on any veteran's preference claimed and the final adjusted promotion list shall then be posted by the appointing authority. J-1 "Rank" means any position within the chain of command of a fire department to which employees are regularly assigned to perform duties related to providing fire suppression, fire prevention, or emergency services. "Final adjusted promotion list" means the promotion list for the position that is in effect on the date the position is created or the vacancy occurs. Ifthere is no final adjusted promotion list in effect for that position on that date, or if all persons on the current final adjusted promotion list for that position refuse the promotion, the affected department shall not make a permanent promotion until a new final adjusted promotion list has been prepared in accordance with this Act, but may make a temporary appointment to fill the vacancy. Temporary appointments shall not exceed 180 days. Each component of the promotional test shall be scored on a scale of 100 points. The component scores shall then be reduced by the weighting factor assigned to the component on the test and the scores of all components shall be added to produce a total score based on a scale of 100 points. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/10) Sec. 10. Applicability. (a) This Act shall apply to all positions in an affected department, except those specifically excluded in items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5 unless such positions are covered by a collective bargaining agreement in force on the effective date of this Act. Existing promotion lists shall continue to be valid until their expiration dates, or up to a maximum of 3 years after the effective date of this Act. (b) Notwithstanding any statute, ordinance, rule, or other laws to the contrary, all promotions in an affected department to which this Act applies shall be administered in the manner provided for in this Act. Provisions of the Illinois Municipal Code, the Fire Protection District Act, municipal ordinances, or rules adopted pursuant to such authority and other laws relating to promotions in affected departments shall continue to apply to the extent they are compatible with this Act, but in the event of conflict between this Act and any other law, this Act shall control. (c) A home rule or non -home rule municipality may not administer its fire department promotion process in a manner that is inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (d) This Act is intended to serve as a minimum standard and shall be construed to authorize and not to limit: (1) An appointing authority from establishing different or supplemental promotional criteria or components, provided that the criteria are job-related and applied uniformly. (2) The right of an exclusive bargaining representative to require an employer to negotiate clauses within a collective bargaining agreement relating to conditions, criteria, or procedures for the promotion of employees to ranks, as defined in Section 5, covered by this Act. (3) The negotiation by an employer and an exclusive bargaining representative of provisions within a collective bargaining agreement to achieve affirmative action objectives, provided that such clauses are consistent with applicable law. (e) Local authorities and exclusive bargaining agents affected by this Act may agree to waive one or more of its provisions and bargain on the contents of those provisions, provided that any such waivers shall be considered permissive subjects of bargaining. (Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.) J-2 (50 ILCS 742/15) Sec. 15. Promotion process. (a) For the purpose of granting promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, administer a promotion process in accordance with this Act. (b) Eligibility requirements to participate in the promotional process may include a minimum requirement as to the length of employment, education, training, and certification in subjects and skills related to fire fighting. After the effective date of this Act, any such eligibility requirements shall be published at least one year prior to the date of the beginning of the promotional process and all members of the affected department shall be given an equal opportunity to meet those eligibility requirements. (c) All aspects of the promotion process shall be equally accessible to all eligible employees of the department. Every component of the testing and evaluation procedures shall be published to all eligible candidates when the announcement of promotional testing is made. The scores for each component of the testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the component is completed. (d) The appointing authority shall provide a separate promotional examination for each rank that is filled by promotion. All examinations for promotion shall be competitive among the members of the next lower rank who meet the established eligibility requirements and desire to submit themselves to examination. The appointing authority may employ consultants to design and administer promotion examinations or may adopt any job-related examinations or study materials that may become available, so long as they comply with the requirements of this Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/20) Sec. 20. Promotion lists. (a) For the purpose of granting a promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, prepare a preliminary promotion list in accordance with this Act. The preliminary promotion list shall be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (b) A person's position on the preliminary promotion list shall be determined by a combination of factors which may include any of the following: (i) the person's score on the written examination for that rank, determined in accordance with Section 35; (ii) the person's seniority within the department, determined in accordance with Section 40; (iii) the person's ascertained merit, determined in accordance with Section 45; and (iv) the person's score on the subjective evaluation, determined in accordance with Section 50. Candidates shall be ranked on the list in rank order based on the highest to the lowest total points scored on all of the components of the test. Promotional components, as defined herein, shall be determined and administered in accordance with the referenced Section, unless otherwise modified or agreed to as provided by paragraph (1) or (2) of subsection (d) of Section 10. The use of physical criteria, including but not limited to fitness testing, agility testing, and medical evaluations, is specifically barred from the promotion process. (c) A person on the preliminary promotion list who is eligible for a veteran's preference under the laws and agreements applicable to the department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under Section 55 and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any veteran's preferences awarded. The final adjusted promotion list shall J-3 then be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (d) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person's ability to perform the duties of the promoted rank since the posting of the promotion list. if the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in effect covering the employee. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period up to 5 years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person's opportunities to participate in future promotion examinations. (e) A final adjusted promotion list shall remain valid and unaltered for a period of not less than 2 nor more than 3 years after the date of the initial posting. Integrated lists are prohibited and when a list expires it shall be void, except as provided in subsection (d) of this Section. If a promotion list is not in effect, a successor list shall be prepared and distributed within 180 days after a vacancy, as defined in subsection (d) of this Section. (f) This Section 20 does not apply to the initial hiring list. (Source: P.A. 95-956, eff. 8-29-08.) (50 ILCS 742/25) Sec. 25. Monitoring. (a) All aspects of the promotion process, including without limitation the administration, scoring, and posting of scores for the written examination and subjective evaluation and the determination and posting of seniority and ascertained merit scores, shall be subject to monitoring and review in accordance with this Section and Sections 30 and 50. (b) Two impartial persons who are not members of the affected department shall be selected to act as observers by the exclusive bargaining agent. The appointing authorities may also select 2 additional impartial observers. (c) The observers monitoring the promotion process are authorized to be present and observe when any component of the test is administered or scored. Except as otherwise agreed to in a J-4 collective bargaining agreement, observers may not interfere with the promotion process, but shall promptly report any observed or suspected violation of the requirements of this Act or an applicable collective bargaining agreement to the appointing authority and all other affected parties. (d) The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/30) Sec. 30. Promotion examination components. Promotion examinations that include components consisting of written examinations, seniority points, ascertained merit, or subjective evaluations shall be administered as provided 'in Sections 35, 40, 45 and 50. The weight, if any, that is given to any component included in a test may be set at the discretion of the appointing authority provided that such weight shall be subject to modification by the terms of any collective bargaining agreement in effect on the effective date of this Act or thereafter by negotiations between the employer and an exclusive bargaining representative. If the appointing authority establishes a minimum passing score, such score shall be announced prior to the date of the promotion process and it must be an aggregate of all components of the testing process. All candidates shall be allowed to participate in all components of the testing process irrespective of their score on any one component. The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/35) Sec. 35. Written examinations. (a) The appointing authority may not condition eligibility to take the written examination on the candidate's score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least 90 days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (b) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold. a review session after the examination for the purpose of gathering feedback on the examination from the candidates. The review sessions shall be at no cost to the candidates. (c) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, J-5 Civil Service Commissioners, Board of Fire and Police Commissioners, Board of Fire Commissioners, or Fire Protection District Board of Trustees and other appointed or elected officials) may see or examine the specific questions on the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation ofthis Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (d) Each department shal l maintain reading and study materials for its current written examination and the reading list for the last 2 written examinations or for a period of 5 years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. �, ��.uiaw i ke) The provisions or � this Section do not apply to the extent t they are in conflict with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 97-352, eff. 8-12-11.) (50 ILCS 742/40) Sec. 40. Seniority points. (a) Seniority points shall be based only upon service with the affected department and shall be calculated as of the date of the written examination. The weight of this component and its computation shall be determined by the appointing authority or through a collective bargaining agreement. (b) A seniority list shall be posted before the written examination is given and before the preliminary promotion list is compiled. The seniority list shall include the seniority date, any breaks in service, the total number of eligible years, and the number of seniority points. (Source: P.A. 93-411, eff. 8-4-03.) (50 1LC S !42/45) Sec. 45. Ascertained merit. (a) The promotion test may include points for ascertained merit. Ascertained merit points may be awarded for education, training, and certification in subjects and skills related to the fire service. The basis for granting ascertained merit points, after the effective date of this Act, shall be published at least one year prior to the date ascertained merit points are awarded and all persons eligible to compete for promotion shall be given an equal opportunity to obtain ascertained merit points unless otherwise agreed to in a collective bargaining agreement. (b) Total points awarded for ascertained merit shall be posted before the written examination is administered and before the promotion list is compiled. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/50) Sec. 50. Subjective evaluation. (a) A promotion test may include subjective evaluation components. Subjective evaluations may include an oral interview, tactical evaluation, performance evaluation, or other component based on subjective evaluation of the examinee. The methods used for subjective evaluations may include using any employee assessment centers, evaluation systems, chiefs points, or other methods. (b) Any subjective component shall be identified to all candidates prior to its application, be job- related, and be applied uniformly to all candidates. Every examinee shall have the right to documentation of his or her score on the subjective component upon the completion of the subjective examination component or its application. A designated representative of the contracting union party shall be notified and be entitled to be present to monitor any preliminary meeting between certified J-6 assessors or representatives of a testing agency and representatives of the appointing authority held prior to the administration of the test to candidates for promotion. (c) Where chiefs points or other subjective methods are employed that are not amenable to monitoring, monitors shall not be required, but any disputes as to the results of such methods shall be subject to resolution in accordance with any collectively bargained grievance procedure in effect at the time of the test. (d) Where performance evaluations are used as a basis for promotions, they shall be given annually and made readily available to each candidate for review and they shall include any disagreement or documentation the employee provides to refute or contest the evaluation. These annual evaluations are not subject to grievance procedures, unless used for points in the promotion process. (e) Total points awarded for subjective components shall be posted before the written examination is administered and before the promotion list is compiled. (f) Persons selected to grade candidates for promotion during an assessment center process shall be impartial professionals who have undergone training to be certified assessors. The training and certification requirements shall, at a minimum, provide that, to obtain and maintain certification, assessors shall complete a course of basic training, subscribe to a code of ethical conduct, complete continuing education, and satisfy minimum activity levels. (g) The standards for certification shall be established by a Joint Labor and Management Committee (JLMC) composed of 4 members: 2 designated by a statewide association whose membership is predominantly fire chiefs representing management interests of the Illinois fire service, and 2 designated by a statewide labor organization that is a representative of sworn or commissioned firefighters in Illinois. Members may serve terms of one year subject to reappointment. For the purposes of this Section, the term "statewide labor organization" has the meaning ascribed to it in Section 10-3-12 of the Illinois Municipal Code. In developing certification standards the JLMC may seek the advice and counsel of professionals and experts and may appoint an advisory committee. The JLMC may charge reasonable fees that are related to the costs of administering authorized programs and conducting classes, including without limitation the costs of monitoring programs and classes, to the following: (i) applicants for certifications or recertifications, (ii) recipients of certifications or recertifications, and (iii) individuals and entities approved by the JLMC to conduct programs or classes. The JLMC's initial certification standards shall be submitted to the Office of the State Fire Marshal by January 1, 2009. The JLMC may provisionally certify persons who have prior experience as assessors on promotional examinations in the fire service. Effective January 1, 2010 only those persons who meet the certification standards developed by the JLMC and submitted to the Office of the State Fire Marshal may be selected to grade candidates on a subjective component of a promotional examination conducted under the authority of this Act; provided this requirement shall be waived for persons employed or appointed by the jurisdiction administering the examination. The JLMC shall annually: (1) issue public notice offering persons who are interested in qualifying as certified assessors the opportunity to enroll in training; and (2) submit to the Office of the State Fire Marshal an amended list of persons who remain certified, are newly certified, or who are no longer certified. J-7 (h) The Office of the State Fire Marshal shall support the program by adopting certification standards based on those submitted by the JLMC and by establishing a roster of certified assessors composed of persons certified by the JLMC. If the parties have not agreed to contract with a particular testing company to provide certified assessors, either party may request the Office to provide the names of certified assessors. Within 7 days after receiving a request from either party for a list of certified assessors, the Office shall select at random from the roster of certified assessors a panel numbering not less than 2 times the number of assessors required. The parties shall augment the number by a factor of 50% by designating assessors who may serve as alternates to the primary assessors. The parties shall select assessors from the list or lists provided by the Office or from the panel obtained by the testing company as provided above. Within 7 days following the receipt of the list, the parties shall notify the Office of the assessors they have selected. Unless the parties agree on an alternate selection procedure, they shall alternatively strike names from the list provided by the Office until only the number of required assessors remain. A coin toss shall determine which party strikes the first name. If the parties fail to notify the Office in a timely manner of their selection of assessors, the Office shal l appoint the assessors required from the roster of certified assessors. In the event an assessor is not able to participate in the assessment center process for which he was selected, either of the parties involved in the promotion process may request that additional names of certified assessors be provided by the Office. (Source: P.A. 97-174, eff. 7-22-11.) (50 ILCS 742/55) Sec. 55. Veterans' preference. A person on a preliminary promotion list who is eligible for veteran's preference under any law or agreement applicable to an affected department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The veteran's preference shall be calculated as provided in the applicable law and added to the applicant's total score on the preliminary promotion list. Any person who has received a promotion from a promotion list on which his or her position was adjusted for veteran's preference, under this Act or any other law, shall not be eligible for any subsequent veteran's preference under this Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/60) Sec. 60. Right to review. Any affected person or party who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to a review of the matter by the appointing authority or as otherwise provided by law. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/65) Sec. 65. Violations. (a) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Act commits a violation of this Act and may be subject to charges for official misconduct. J-8 (b) A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he was promoted, as applicable and otherwise subjected to disciplinary actions. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 93-411, eff. 8-4-03; text omitted.) (50 ILCS 742/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 93-411, eff. 8-4-03.) Purpose: Scope: APPENDIX "K" MOUNT PROSPECT FIRE DEPARTMENT STANDARD OPERATIONS GUIDELINES Personal Time SOG 1102 — 05/16R To explain the intention of and process for requesting/utilizing personal time. These guidelines apply to all Fire Department personnel. Guidelines: Administration and Fire Prevention Bureau Personnel: Administration and Fire Prevention Bureau personnel shall refer to the Village's Employee Handbook (Section V — Compensation and Benefits) for guidelines regarding the use and accrual of personal time. 24 -Hour Shift Personnel: All 24-hour shift personnel shall accrue forty-eight (48) hours of personal time available for use each calendar vear. Personal time shall not be carried over from one calendar year to the next. Therefore, at the end of each calendar year any unused personal time shall be converted to sick leave time. The following guidelines shall govern the use of personal time by all 24-hour shift personnel: 1. Employees who need to take personal time off from work shall attempt to notify the on -duty Shift Commander prior to the start of their scheduled shift, and no later than 0630. If, due to unanticipated circumstances, the request cannot be submitted prior to 0630 the Shift Commander will approve the time off but these requests will be subject to review by the Deputy Chief and any abuse of the Personal Time policy will be subject to disciplinary action. Provided, however, if an employee calls in after the start of the shift (0800) to extend the use of time -off benefits for that shift, time -off will only be granted to complete the remainder of the scheduled shift. 2. Requests for personal time shall be submitted no earlier than 30 days prior to the requested date of use. Requests received within the 30 day period shall be on a first come, first served basis. 3. Personal time shall be a minimum of one hour and must be taken in full hour increments. The number of hours requested will be recorded as the number of K- l hours used (i.e. an employee cannot request eight hours and then only use two hours). 4. Requests for Personal Time shall not be denied except in the case of a declared Village wide emergency. 5. No requests for personal time will be accepted after the Chief has authorized the hiring back of personnel to provide additional staffing for extraordinary threats to the safety and security of the Village and/or fire department personnel. 6. During an employee's approved absence, he/she will not be entitled to extra pay for any reason. For example, an employee taking personal time will not receive callback pay if he/she comes in for a callback. 7. If an employee returns to duty after having taken personal time, he/she must report to work in the same manner as he/she normally would at the beginning of his/her shift. 8. Personnel that require time off from work due to the illness of immediate family member shall first utilize personal time. Once an employee's personal time has been exhausted he/she may utilize sick leave time. Attachments: None Forms: None Exhibits: Village of Mount Prospect Employee Handbook M Side Letter Promotions Article XVI - Promotions The parties agree to defer negotiations relating to promotion issues to a reopener. Either party may reopen the Promotion article for renegotiation upon service of written notice on the other party. The parties shall then meet to negotiate for a period of sixty (60) days or longer if mutually agreed. If agreement is not reached all designated items that are mandatory subjects of bargaining may be submitted for resolution in accordance with the interest arbitration processes of the Act. Sisnature - IN WITNESS WHEREOF, the parties have e; ecute this Agt'pC nient by their duly authorized officers or representatives on th is day of , 2016, MOUNT PROSPECT FIREFIGHTERS VILLAGE OF MOUNT PROSPECT: UNION: By:.^ By: Jv .. Dale,' rd l!iion President Arlene A. Juracek, Icor Y° . .. J. Dale Br��"� a�aas� M. Lisa Ant P 11, Vtll�a� Angell, �� Clerk