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R-301-94 Authorizing adoption of a labor agreement between the vilage ofLemont and Teamasters local #714 law enforcement divisionRESOLUTION 301 RESOLUTION AUTHORIZING ADOPTION OF A LABOR AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND TEAMSTERS LOCAL #714 LAW ENFORCEMENT DIVISION WHEREAS, the Lemont Police Department selected union representation from the Teamsters Local #714 Law Enforcement Division, and WHEREAS, following negotiations between the Village bargaining team, union representatives and the Police Department, the terms of a labor agreement were tentatively approved, and WHEREAS, the terms of this labor agreement shall extend to April 30, 1996. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VH.LAGE O MONT, Cp S OF COOK, WILL AND DU PAGE, ILLINOIS ON THIS / day of , 1994. Barbara Buschman Alice Chin Keith Latz William Margalus Richard Rimbo Ralph Schobert AYES 1% t0' v NAYS PASSED ABSENT CHARLENE M. SMOLLEN, Village Clerk Approved by me this day of Ydie-Zef-41:—, 1994. CHARLENE M. SMOLLEN, Village Clerk 4. AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE TEAMSTERS LOCAL #714 LAW ENFORCEMENT DIVISION PREAMBLE TABLE OF CONTENTS 1 ARTICLE I - RECOGNITION 2 ARTICLE II - UNION SECURITY 3 ARTICLE III - NON - DISCRIMINATION 4 ARTICLE IV - LABOR- MANAGEMENT COMMITTEE 5 ARTICLE V - ENTIRE AGREEMENT 6 ARTICLE VI - CONTINUITY OF OPERATION 7 ARTICLE VII - BILL OF RIGHTS 9 ARTICLE VIII - WORKING CONDITIONS 10 ARTICLE IX - PERSONNEL FILES 11 ARTICLE X - SENIORITY 12 ARTICLE XI - GRIEVANCE PROCEDURE 14 ARTICLE XII - UNION STEWARDS 17 ARTICLE XIII - UNION REPRESENTATIVE 18 ARTICLE XIV - DISCIPLINE 19 ARTICLE XV - MILEAGE REIMBURSEMENT 20 ARTICLE XVI - PARTIAL INVALIDITY 21 ARTICLE XVII - BULLETIN BOARDS 22 ARTICLE XVIII - REGULAR HOLIDAYS 23 ARTICLE XIX - INSURANCE 25 ARTICLE XX - PAID VACATIONS 26 ARTICLE XXI - WORKER'S COMPENSATION 28 ARTICLE XXII - SHORT -TERM DISABILITY 29 ARTICLE XXIII - VOLUNTARY LEAVE OF ABSENCE 30 ARTICLE XXIV - MILITARY LEAVE 31 ARTICLE XXV - JURY LEAVE 32 ARTICLE XXVI - FUNERAL LEAVE 33 ARTICLE XXVII - OUTSIDE EMPLOYMENT 34 ARTICLE XXVIII - CLOTHING ALLOWANCE 35 ARTICLE XXIX - EDUCATIONAL BENEFITS 36 ARTICLE XXX - SICK LEAVE 37 ARTICLE XXXI - HOURS OF WORK AND OVERTIME 38 ARTICLE XXXII - SALARIES 40 ARTICLE XXXIII - MANAGEMENT RIGHTS 41 ARTICLE XXXIV - FIRE AND POLICE COMMISSIONERS 42 ARTICLE XXXV - NO PYRAMIDING 43 ARTICLE XXXVI - TERM OF AGREEMENT 44 EXHIBIT A 45 PREAMBLE This Agreement is made and entered into by and between the Village of Lemont (hereinafter referred to as the "Village ") and the Teamsters Local #714, Law Enforcement Division (hereinafter referred to as the "Union). ARTICLE I RECOGNITION Section 1.1 - Representative Unit The employer recognizes the Union as the sole and exclusive representative for all sworn police officers of the employer in the job classification police officer and excluding all sworn police officers above the rank of police officer and all supervisors, managers, and confidential employees. Section 1.2 - Application of Agreement The terms of this Agreement are applicable only to full -time sworn police officers. 2 ARTICLE II UNION SECURITY Section 2.1 - Dues Checkoff With respect to any employee from whom the employer receives individual written authorization, signed by the employee in a form agreed upon by the Union and the employer, the employer shall deduct from the wages of the employee the dues and initiation fee required as a condition of membership in the Union, or a representation fee, and shall forward such amount to the Union within thirty (30) calendar days after close of the pay period for which the deductions are made, the amounts deducted shall be set by the Union. Section 2.2 - Fair Share Employees under job classifications listed in Article I, Section 1, are not required to join the Union as a condition of employment but such employees shall, during the term of this Agreement, pay a service fee in an amount not to exceed ninety percent (90 %) of the Union dues for one (1) Union employee per month for the purpose of administering the provisions of this Agreement. The Union shall certify such amount and otherwise comply with the provisions of 115 ILCS 5/11. Non - members who object to this fair share fee based upon bona fide religious tenets or teachings of a church or religious body of which such employee is a member 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 - organization, the organization shall be selected by the affected non - member from an approved list of charitable organizations established by the Illinois State Labor Board and the payment shall be made to said organization. Section 2.3 - Indemnification The Union shall indemnify and hold the Village harmless against any and all claims, demands, suits or other forms of liability, including costs and attorneys' fees that may arise out of or by reason of any action taken by the Village for the purpose of complying with any provisions of this Article. If an incorrect deduction is made, the Union shall refund any such amount directly to the involved employee. ARTICLE III NON - DISCRIMINATION In accordance with applicable law, neither the Village nor the Union shall discriminate against any employee covered by this Agreement because of race, sex, age, religion, creed, color, marital status, parental status and handicap or national origin. Any dispute concerning the interpretation and application of this paragraph shall be processed through the appropriate federal or state agency or court rather than through the grievance procedure set forth in this Agreement. ARTICLE IV LABOR - MANAGEMENT COMMITTEE At the request of either party, the Union steward and the Police Chief or their designees shall meet at least quarterly to discuss matters of mutual concern that do not involve negotiations. The Union steward may invite other bargaining unit members (not to exceed two) to attend such meetings. The Police Chief may invite other Village representatives (not to exceed two) to attend such meetings. The party requesting the meeting shall submit a written agenda of the items it wishes to discuss at least seven (7) days prior to the date of the meeting. Employees scheduled to work will notify the Police Chief prior to their attendance at a meeting, and if such attendance is approved by the Police Chief, the employee will be permitted to attend the meeting during his regular hours of work with no loss of pay. A labor - management committee meeting shall not be used for the purpose of discussing any matter that is being processed pursuant to the grievance procedure set forth in this Agreement or for the purpose of seeking to negotiate changes or additions to this Agreement. 5 ARTICLE V ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or by specific agreement of the parties, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Village and the Union, for the life of this Agreement, each voluntarily and unqualifiedly agrees that the other shall not be obligated to bargain collectively with respect to any subject matter referred to, or covered in this Agreement. This Agreement supersedes and cancels all prior practice and agreements, whether written or oral, unless expressly stated to the contrary herein, and together with any letter of understanding executed concurrently with or subsequent to this Agreement constitutes the complete and entire Agreement between the parties. 6 ARTICLE VI CONTINUITY OF OPERATION Section 6.1 - No Strike Neither the Union nor any officer, member of the Union or officer covered by this Agreement, will call, institute, authorize, participate in, sanction, encourage, or ratify any strike, work stoppage, sympathy strike, secondary boycott, slowdown, speed -up, sit down, concerted refusal to perform overtime, concerted abnormal and unapproved enforcement procedures or policies, or mass resignation, mass absenteeism or picketing which causes any work stoppage or any concerted refusal to perform duties by any officer or officer group. Neither the Union nor any officer, member of the Union, or officer covered by this Agreement shall refuse to cross any picket line, by whomever established. Section 6.2 - Union's Responsibility Should any activity prescribed in Section 1 of this Article occur the Union shall immediately: A. Publicly disavow such action by the employees or other persons involved; B. Advise the employer in writing that such action has not been caused or sanctioned by the Union; C. Notify the employees stating that it disapproves of such action instructing all employees to cease such action and return to work immediately; D. Take such other steps as are reasonable appropriate to bring about observance of the provisions of this Article, including compliance with reasonable requests of the employer to accomplish this end. Section 6.3 - Discharge of Violators The employer shall have the right to file charges seeking discharge or otherwise discipline any or all employees who violate any of the provisions of this Article. In such event, the employee or employees, or the Union in their behalf, shall have no recourse to the grievance procedure. Section 6.4 - No Lockout The employer agrees that it will not lockout its employees during the term of this Agreement or any extension thereof. 7 Section 6.5 - Reservation of Rights In the event of any violation of this Article by the Union or the employer, the offended party may pursue any legal or equitable remedy otherwise available. ARTICLE VII BILL OF RIGHTS The Uniform Peace Officers' Disciplinary Act (50 ILCS 725) is hereby adopted by reference. ARTICLE VIII WORKING CONDITIONS Section 8.1 - Locker Provided The Village shall provide a locker for each bargaining unit employee. Section 8.2 - Eating Area The Village shall provide an eating area for employees. Section 8.3 - Loss of Personal Property Personal property carried by an on -duty officer which is required for the performance of the officer's duties, and which is damaged by a third party during the performance of the officer's duties, shall be repaired or replaced at a reasonable value not to exceed a total of $200.00 per year. In the event the officer receives restitution or other reimbursement, the amount expended by the Village shall be reimbursed by the officer to the extent of restitution or reimbursement received. 4 !1 1 0 ARTICLE IX PERSONNEL FILES Section 9.1 - Personnel Files Employees shall be entitled to inspect their personnel files in accordance with the provisions of 820 ILCS 40. Section 9.2 - Forms No employee shall be required to sign undated or incomplete forms. ARTICLE X SENIORITY Section 10.1 - Definition of Seniority Where the term "seniority" is used in this Agreement, it will mean as follows: A. Seniority shall be defined as an officers' length of full -time continuous service as a police officer in the Lemont Police Department. B. In the event that two or more officers have the same seniority date, seniority shall be determined by the officer's placement on the Police Commission's eligibility list. C. Village employees who become police officers shall be afforded seniority credit only for the purposes set forth in this contract. D. Except for vacation purposes, probationary officers shall have no seniority rights. If an officer satisfactorily completes the probationary period, his /her seniority shall be the date of original employment. Section 10.2 - Loss of Seniority An officer's seniority will terminate in the following circumstances: A. The officer resigns or quits; B. The officer retires; C. The officer is discharged or payroll, and the separation D. The officer does not return a leave of absence; permanently removed from the is not reversed; to work at the expiration of E. The officer is absent for three (3) consecutive scheduled work days without authorization; or F. The officer does not return to work when recalled from layoff. Section 10.3 - Application of Seniority Seniority shall be considered for the following: A. Vacation preference except that detectives (criminal and juvenile) shall draw separately from patrol. B. Layoffs as specified in the Illinois Revised Statutes. Section 10.4 - Layoffs and Recall Should the employer in its sole discretion determine that it is necessary to decrease the number of officers in the bargaining unit, it will layoff and recall officers in accordance with the provisions set forth in the Illinois Revised Statutes. Where practicable, affected officers and the Union will be given notice of contemplated layoffs. Laid off officers will have recall rights for a period of two (2) years. Section 10.5 - Failure to Respond to Recall If an officer fails to timely respond to a recall notice by return mail or in person, his name shall be removed from the recall list. Pursuant to 65 ILCS 5/10- 2.1 -18, an officer must make written application for reinstatement within 30 days after notification of recall. Section 10.6 - Seniority List As soon as practicable after signing of this contract, the employer will furnish the Union a list showing the name, address, job title and last hiring date of each officer in the bargaining unit, and whether the officer is entitled to seniority or not. The employer shall post a similar list without officers' addresses. Within thirty (30) calendar days after the date of posting, an officer must notify the employer of any alleged errors in the list or it will be considered binding on the officer and the Union. When changes or additions to those lists become necessary, the employer will provide notification to the Union of such changes or additions. A revised seniority list will be posted once a year. Within 30 calendar days of such posting, an officer must again notify the employer of any alleged errors or the information in the list shall be considered binding on the officer and the Union. ARTICLE XI GRIEVANCE PROCEDURE Section 11.1 - Definition A "grievance" is defined as a dispute or difference of opinion between an employee (or the Union) and the Village involving the meaning, interpretation or application of the specific provisions of this Agreement except that a grievance does not include a matter within the jurisdiction of the Fire and Police Commissioners. Section 11.2 - Procedure The parties acknowledge that an employee and his immediate through free and informal comet informal process does not resolve processed as follows: it is usually most desirable for supervisor to resolve problems unications. If, however, the the matter, the grievance will be STEP 1: Any employee who has a grievance shall submit the grievance in writing to the employee's immediate supervisor. The grievance shall contain a statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no. later than twenty (20) business days from the date of the occurrence of the matter giving rise to the grievance, except that for errors in pay, the time period shall be twenty -five (25) business days. An employee's failure to file a grievance within the time period specified shall constitute a waiver of any rights to advance the grievance. The immediate supervisor shall render a written response to the grievant within five (5) business days after the grievance is presented. STEP 2: If the grievance is not settled at Step 1 and the employee wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted in writing to the Police Chief within five (5) business days after receipt of the Village's answer to Step 1. A grievance relating to all or substantial number of employees or the Union's own interests or rights with the employer may be initiated at Step 2 by a Union representative. The Police Chief, or his designee, shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within five (5) business days with the grievant and - 14 - an authorized representative of the Union at a time mutually agreeable to the parties. The Police Chief, or his designee, shall provide a written answer to the grievant and the Union within five (5) business days following their meeting. STEP 3: If the grievance is not settled at Step 2 and the Union desires to appeal, it shall be referred by the Union in writing to the Village Manager within five (5) business days after receipt of the Village's answer to Step 2. Thereafter, the Village Manager or his designee shall meet with the grievant and a Union representative within fifteen (15) business days of receipt of the Union's appeal. The Village Manager or designee shall submit a written answer to the grievant and Union within ten (10) business days following the meeting. Section 11.3 - Arbitration If the grievance is not settled in Step 3 and the Union wishes to appeal the grievance from Step 3 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within fifteen (15) business days of receipt of the Village's answer provided to the Union at Step 3: A. In the absence of agreement of a neutral arbitrator, the parties shall file a joint request with the Federal Mediation & Conciliation Service ( "FMCS ") for a panel of five (5) arbitrators from which the parties shall select a neutral arbitrator. The parties shall agree to request the FMCS to limit the panel to members of the National Academy of Arbitrators and to those residing in the greater Chicago area. Both the Village and the Union shall each have the right to reject one panel in its entirety within (7) business days of its receipt and request that a new panel be submitted. The Village and the Union shall alternatively strike names from the panel. The order of striking names shall be determined by a coin toss with the losing party striking the first and third names. The remaining person shall be the arbitrator. B. The arbitrator shall be notified of his /her selection and shall be requested to set a date for the hearing, subject to the availability of Union and Village representatives. The fees and expenses of the arbitrator and the cost of a written transcript for the arbitrator shall be divided equally between the Village and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. - 15 - Section 11.4 - Limitations on Authority of Arbitrator The arbitrator shall have no right to amend, modify, add to, or subtract from the provisions of this Agreement. The arbitrator shall be empowered to determine the issue(s) raised by the grievance as submitted in writing at Step 1 or at Step 2 (by the Union) . The decision or award of the arbitrator shall be final and binding upon the Village, the Union and the employees covered by this Agreement. Section 11.5 - Miscellaneous 5.1 A "business day" is defined as a calendar day exclusive of Saturdays, Sundays or holidays observed by the Village. 5.2 No grievance may be filed more than 20 business days from the day of the original occurrence of the event giving rise to the grievance. No grievance filed after the 20 -day period shall be processed. The failure of an employee to act within the time limits will act as a bar to any further appeal. 5.3 Any decision not appealed by the employee or the grievant as provided within the time limits specified in each step shall be considered settled on the basis of the latest decision and shall not be subject to further appeal. Any grievance not answered within the time limits specified in each step shall be automatically appealed to the next step. Time limits at each step may be extended by mutual written agreement of the grievant and the Village. 5.4 No matter or action shall be treated as a grievance unless a grievance is filed in accordance with this Article. Section 11.6. Promotion, Suspension or Termination It is understood that matters involving promotion, suspension or termination are subject to the jurisdiction of the Chief of Police and the Board of Fire and Police Commissioners and are not subject to this grievance procedure. ARTICLE XII UNION STEWARDS The Village recognizes the right of the Union to select Union stewards, and the Union agrees to furnish the Village, within 2 weeks of ratification of this Agreement, with the names of the Chief Steward and any other stewards selected by the Union. The Chief Steward shall be deemed as the Union's official spokesperson. Union stewards are not permitted to conduct Union business during work hours without the permission of the Chief of Police. ARTICLE XIII UNION REPRESENTATIVE The Village agrees that non - employee officers and representatives of the Union shall have reasonable access to designated areas of the premises during normal Village Hall working hours with advance notice to the Chief. Such access shall be for the administration of this Agreement. The Union agrees that such activities shall not interfere with the normal work duties of the employees or interfere with the confidential operation of the Department. The Village reserves the right to designate the accessible areas as provided herein. ARTICLE XIV DISCIPLINE Section 14.1 Oral and written reprimands shall be subject to the grievance procedure or to determination by the Fire and Police Board at the election of the officer affected. Once an employee elects a procedure for review of an oral or written reprimand neither the officer or the Union shall have recourse to the other method of review. The Village and the Chapter recognize that promotions, suspensions, and terminations, are within the sole jurisdiction of the Fire and Police Board and are not subject to the terms of this Agreement, including the grievance procedure. The parties agree that all newly employed Patrol Officers are required to serve a probationary period as prescribed by the Village. During the probationary period, the officer is an employee -at -will and may be disciplined or discharged without notice and without cause, and without recourse to the grievance procedure. Section 14.2 If the Village has reason to discipline an employee, it will make every effort to do so in a manner that will not unduly embarrass the employee before other fellow employees or members of the public. A violation of this section shall not be cause to rescind any disciplinary action. Section 14.3 In cases of oral reprimand, notation of such oral reprimand shall become a part of the employee's personnel file and a copy given to the employee. Section 14.4 All oral and written reprimands shall be expunged upon written request of the employee after eighteen (18) months from the date of discipline if the employee has not been disciplined for a similar incident. All suspensions of five (5) days or less issued by the Chief shall be expunged upon written request of the employee after five (5) years from the date of discipline if the employee has not been disciplined for a similar incident and if the employee did not appeal the suspension to the Fire and Police Board. - 19 - ARTICLE XV MILEAGE REIMBURSEMENT An employee who is required and authorized by the employer to use his private vehicle for Village business shall be reimbursed at a per mile rate as established by the Village for all Village employees. ARTICLE XVI PARTIAL INVALIDITY In the event any of the provisions of this Agreement shall be or become invalid or unenforceable by reason of any federal or state law or local ordinance now existing or hereinafter enacted, such invalidity or unenforceability shall not affect the remainder of the provisions hereof. ARTICLE XVII BULLETIN BOARDS The employer will make a bulletin board available for the use of the Union in non - public locations. The Union will be permitted to have posted on this bulletin board notices of a non- controversial nature, but only after submitting them to the Chief /designee for approval and posting. There shall be no distribution or posting by employees of advertising or political material, notices or other kinds of literature on the employer's property other than herein provided. ARTICLE XVIII REGULAR HOLIDAYS Section 18.1 - Holidays The following shall be paid holidays for all eligible employees: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day To be eligible for holiday pay an Officer must work his last scheduled shift before the holiday and the first scheduled shift after the holiday. A. Employees Assigned to Shift Schedules 1. If an officer is regularly scheduled to work and works on a holiday, compensation will be at one and one -half (1 1/2) times the officer's hourly rate for each hour worked. 2. If a holiday falls on an officer's regularly scheduled non - vacation day off, he will receive compensation equivalent to eight (8) hours at base rate pay in lieu of a day off. B. Employees Regularly Assigned to a Monday- Friday Schedule Officers regularly assigned to a Monday through Friday schedule will receive the day off on the celebrated holiday. If a holiday falls on a Saturday, the holiday will be celebrated on the preceding Friday. If a holiday falls on a Sunday, the holiday will be celebrated on the following Monday. C. All Employees If a holiday falls on an officer's scheduled vacation day, the officer shall receive compensation equal to eight (8) hours of base pay in lieu of a day off. - 23 - y F r • Section 18.2 - Personal Holidays All officers will be given two (2) personal days off with pay to be used within the calendar year. Any requests for personal days must be approved at least four (4) days in advance and must not conflict with the manpower requirements of the department. Any personal days not used within the calendar year will be lost. r* ARTICLE XIX INSURANCE Section 19.1 - Health and Major Medical Insurance The Village shall select and provide a health and major medical insurance program for employees and dependents. The Village, at its option, may include the provision of vision care and eye care with the benefits to be determined by the Village. The Village shall provide bargaining unit employees with major medical and life insurance coverage at the same level of benefits which it provides to the general non - bargaining unit work force of the Village. The Village reserves the right, without future bargaining with the Union, to change the level of benefits provided bargaining unit employees under the foregoing insurance coverage so long as any such change is also applicable to the general non - bargaining unit work force of the Village. - The employees shall pay the following sums toward the monthly premiums for said coverage with the Village paying the remaining monthly premium amounts as payroll deductions: Single - 15% of Premium Family - 20% of Premium Section 19.2 - Life Insurance The Village employees. coverage. shall select and provide a group life insurance for The Village shall pay the entire premium for said Section 19.3 - Death of an Officer in the Line of Duty In the event that an officer dies in the performance of his duties, the Village shall pay the full premium for the continuation of the then current health /major medical insurance for the officer's spouse and minor children for six months following the death of the officer. ARTICLE XX PAID VACATIONS Section 20.1 - Eligibility and Accrual Paid vacations are provided to employees in accordance with length of continuous service. Annual vacation is earned on a pro rata monthly basis according to the following accrual schedule: Length of Service Annual Vacation Less than five (5) years 80 hours Upon reaching fifth (5th) 120 hours Anniversary of Employment Upon reaching tenth (10th) 160 hours Anniversary of Employment Upon reaching fifteenth (15th) 200 hours Anniversary of Employment Upon reaching twentieth (20th) Anniversary of Employment 240 -hours Section 20.2 - Vacation Pay. The rate of vacation pay shall be the employee's regular straight -time rate of pay in effect for the employee's regular job classification at the commencement of the vacation period. Section 20.3 - Scheduling. Sign -up for annual vacations will begin on January 1 with all employees covered by this Agreement's final vacation sign -ups being posted by January 31. A sign -up sheet will be posted providing each officer the opportunity to select vacations. Vacations will be allocated according to shift seniority. After January 31, vacations will be on a first come first serve basis according to shift. Adjustments, cancellations, and re- scheduling of vacation periods may occur during the calendar year, provided a minimum of thirty (30) days written notice is given to the Chief or his designate and that they do not conflict with previously scheduled employee vacation periods. Any such adjustment or scheduling shall be granted based on a first come basis. Subject to the approval of the Chief or his designate, a maximum of five (5) vacation days may be carried over to the following calendar year. In all other instances no carry over of - 26 - vacation is permitted and all unused vacation at the end of a calendar year shall be forfeited. All vacation requests are subject to manpower constraints and the authorization of the Chief of Police or his designate. The Chief of Police or his designate may, to meet emergencies, order an Officer(s) to forego or cancel all or part of his vacation. The employee will be allowed a non - conflicting vacation period at a later date. Section 20.4 - No Accumulation. Vacation credit shall not be accumulated during any layoff period, nor shall vacation credit be accumulated during an unpaid leave of absence. ARTICLE XXI WORKER'S COMPENSATION Worker's Compensation shall be subject to state statute. ARTICLE XXII SHORT -TERM DISABILITY If an employee shall require a leave of absence for medical reasons, and such leave extends beyond any accrued sick leave, vacation, personal days or compensatory time due, the employee may request to be placed on unpaid short -term disability status. During such unpaid leave, the employee may be eligible for disability earnings subject to the pension and /or insurance policy in force. Any short -term disability shall be documented with a written medical statement. Approval of short -term disability status shall be the role of the Village Administrator. Sick leave, vacation, holiday benefits and seniority will not accrue during the short -term disability, and the employee's anniversary date shall be adjusted according to the length of absence. Health and life insurance benefits will be maintained during the disability leave, according to the provisions of the policy in effect, and provided that the employee pays the full premium amount. If a short -term disability leave is granted for a period of three (3) calendar months or less, the employee's position will remain vacant until expiration of the leave. Reinstatement shall only occur if the position has not been eliminated due to reorganization or budgetary constraints. Unpaid leaves in excess of three (3) months provide no guarantee of reinstatement to the former position, unless approved by the Village Administrator. Upon expiration of a leave of absence the Village Administrator shall attempt to reinstate the employee to his /her former position or one that is similar, depending upon qualifications. The Village will provide written notice of termination to an employee who has not returned to work within five (5) days after the disability period. ARTICLE XXIII VOLUNTARY LEAVE OF ABSENCE An unpaid leave of absence may be requested by employees with more than one (1) year of continuous service. Requests for leave must not exceed six (6) months. Requests for leave shall be made in writing to the Department Head along -with an explanation of the reason for the request. Unpaid leaves may be granted with the approval of the Village Administrator. Unpaid leaves of absence for sworn personnel shall be subject to state statutes. Sick leaves, vacation, holiday benefits, and seniority will not accrue during the leave of absence, and the employee's anniversary date shall be adjusted according to the length of absence. Health and life insurance benefits will be maintained during the leave of absence according to the provisions of the policy in effect and provided that the employee pays the full premium account. Upon return to duty, employees will receive credit for all unused sick or vacation leave earned prior to the leave of absence. If a leave of absence is granted for a period of one (1) calendar month or less, the employee's position will remain vacant until the leave expires. Reinstatement shall only occur if the position has not been eliminated due to reorganization or budgetary constraints. Unpaid leaves in excess of one (1) month provide no guarantee of reinstatement to the former position, unless approved by the Village Administrator. A medical leave of absence (short - term disability) is subject to rules as.outlined in Article XXII. Upon expiration of a leave of absence the Village Administrator shall attempt to reinstate the employee to his /her former position or one that is similar, depending upon qualifications. If no position is available upon expiration of the leave of absence, the employee may be considered for future openings depending upon qualifications. The Village shall provide written notice of termination to an employee who has not returned to work within five (5) days after the leave of absence has ended. Denial of a voluntary leave of absence shall not be subject to the grievance procedure. An employee may request a meeting with the Village Administrator to discuss the denial. ARTICLE XXIV MILITARY LEAVE Military leave, without pay, will be granted as required by state or federal law. ARTICLE XXV- JURY LEAVE Employees shall receive their regular base pay for the time spent on jury duty upon signing and remitting their jury duty check to the Village. ARTICLE XXVI FUNERAL LEAVE An employee may be granted a maximum of three (3) working days funeral leave due to death in the immediate family. The immediate family is defined to include: spouse, child, mother, father, sister, sister -in -law, brother, brother -in -law, mother -in -law, father -in -law, grandparents or guardian. ARTICLE XXVII OUTSIDE EMPLOYMENT The Chief of Police, in his sole discretion, may restrict off - duty employment in the best interest of department operations. Patrol Officers may be allowed to engage in off -duty employment up to a maximum of twenty (20) hours per week, subject to the prior written approval of the Chief of Police or his designate. ARTICLE XXVIII CLOTHING ALLOWANCE Section 28.1 - New Employees Officers starting on the Police Department shall be equipped with uniforms and equipment by the Village in accordance with the list described below. Equipment and uniforms issued to new officers will be returned to the Village if the officer fails to complete eighteen (18) months of service with the Village. 1) Hats a. 1 year round b. 1 winter c. 1 baseball type cap d. 1 hat shield 2) Jacket a. (1) winter b. (2) spring /fall 3) Stars /Shield a. (1) shirt b. (1) jacket Shirts a. (3) long sleeve b. (3) short sleeve 5) Ties (2) ties (1) tie bar 6) (3) pair trousers /pants 7) (1) trouser /pants belt 8) (1) pair shoes 9) (1) pair boots 10) Gun Equipment a. Uncle Mikes belt or Sam Brown belt b. (1) patrol holster c. double snap clip pouch or quick loader d. handcuff case e. PR24 or nightstick holder f. (4) double snap keepers 11) Protective Vest 12) Rain Gear Section 28.2 - Uniform Voucher The Village shall maintain a voucher system for authorized uniform and equipment replacement acquisition. Each officer shall have an annual limit of $400.00 to be used pursuant to the voucher system for the replacement and acquisition of authorized uniform components and equipment. There shall be no carry -over of any unused annual amount. Section 28.3 - Protective Vest Replacement The Village shall replace protective vests five years from the manufacture date of the vest. ARTICLE XXIX EDUCATIONAL BENEFITS In order to encourage additional job - related training and educational opportunities, the Village may, on occasion, provide reimbursement for certain credit courses, certification classes, workshops or seminars. Any full -time employee seeking such training shall make a written request with all supporting documents to his /her Department Head prior to registration. All requests shall be subject to the approval of the Village Administrator, and subject to the availability of funds. Reimbursement for all credit courses offered through a university, college or junior college shall be subject to a minimum grade of "C" or its numerical equivalent. Village reimbursement shall be for course registration, tuition and cost of books, supplies, enrollment /activity fees. The reimbursement for approved classes determined to be directly job related will be reimbursed at a rate of 100% when funding is available. However, to allow for the utilization of education funds by the maximum number of employees, the reimbursement provided for credit classes shall not exceed Five Hundred ($500) during any calendar year. For each Five Hundred Dollar ($500) reimbursement made to an employee, an obligation to remain employed for a period of six (6) months shall be required. The calculation of time shall be made from the date the subject course(s) is successfully completed. If an employee shall voluntarily terminate employment prior to completing the required six (6) months, the reimbursement shall be deducted from the final paycheck and /or any vacation pay due. ARTICLE XXX SICK LEAVE Section 30.1 - Absence from Work: All absences from work must be reported to the Supervisor in charge a minimum of two (2) hours prior to their assigned work shift. Unauthorized absence from work is to be regarded as an unpaid absence without leave. Instances of absence without leave may be grounds for disciplinary action. If an officer becomes ill during working hours, he must notify his supervisor before leaving work. Section 30.2 - Sick Leave Usage: Sick leave may only be used for illness of the employee. If the duration of the illness lasts longer than one day, the employee must notify the Chief of Police and /or his designate daily. An employee may be required after three (3) days absence to furnish a certificate from a licensed physician to support their sick leave claim. An employee who has three events of sick leave usage in a six -month period may be required to furnish a certificate from a personal physician to support their sick leave claim for any further sick leave usage. The employee may be required to be examined by a physician designated by the Village at the expense of the Village. Sick leave may only be used in increments of no less than one (1) hour. Failure to follow the foregoing procedures or providing false or misleading information may result in the absence being considered an unexcused absence for which no pay will be received and may result in disciplinary action. Section 30.3 - Sick Leave Accrual Employees shall accrue sick leave at the rate of 8 hours for each month worked. An employee shall receive credit for a month worked if the employee has worked at least fifteen (15) of the workdays in a calendar month or has been absent on a paid leave at least fifteen (15) of the workdays in a calendar month or any equivalent combination of work and paid leave. Sick leave may accumulate to a maximum of 1440 hours. Sick leave earned in excess of the maximum shall be forfeited. ARTICLE XXXI HOURS OF WORK AND OVERTIME Section 31.1 - Overtime 31.1.1 Eight -Hour Shift Patrol Officers who are assigned to an eight -hour shift shall receive overtime pay for all time worked in excess of one hundred sixty (160) hours in a 28 -day work period. Overtime shall be compensated at a rate of one and one - half (1 1/2) times the Officer's regular hourly straight time rate of pay. All authorized paid time off shall be included in determining whether an Officer has worked in excess of the 160 -hour requirement. Call back time, court time, and training time shall not be included in determining whether an Officer has worked in excess of the 160 -hour requirement. Patrol Officers shall be permitted two (2) fifteen (15) minute rest periods, one to be-taken at a reasonable time during the first half of the shift and one to be taken at a reasonable time during the second half of the shift, and one thirty (30) minute meal period during each shift. Patrol Officers shall remain on duty during rest and meal periods. 31.1.2 Twelve -Hour Shift Patrol Officers who are assigned to a twelve -hour shift shall receive overtime pay for all time worked in excess of 168 hours in a 28 -day work period. Overtime shall be compensated at a rate of one and one -half (1 1/2) times the Officer's regular hourly straight time rate of pay. All authorized paid time off shall be included in determining whether an Officer has worked in excess of the 84 -hour requirement. Call back time, court time, and training time shall not be included in determining whether an Officer has worked in excess of the 168 -hour requirement. For all hours worked in excess of 160 hours but not in excess of 168 hours, Patrol Officers shall receive straight time pay, in addition to their regular base salary. Patrol Officers shall be permitted two (2) fifteen minute rest periods and one forty -five (45) minute meal period during each shift. Patrol Officers shall remain on duty during rest and meal periods. - 38 - Section 31.2 - Compensatory Time 31.2.1 Accrual Overtime compensation at the overtime rate may, at the Employer's discretion, be . made as wages or as compensatory time off. Compensatory time off shall be used within 90 days of the time it is earned. Compensatory time may accrue to a maximum of 100 hours. If an employee is at the maximum accrual, all additional overtime compensation shall be as wages. 31.2.2 Usage Use of compensatory time will be subject to the approval of the Chief or his designate. Section 31.3 - No Guarantee Nothing in this Agreement shall be construed as a guarantee of a maximum or minimum daily or weekly work schedule. Section 31.4 - Court Time When an officer is required to be present at court for work - related reasons during non -duty hours, the officer shall receive a minimum of three (3) hours pay at time and one -half (1 1/2) the officer's regular base rate. Section 31.5 - Call -Back Time An officer called back to work after having left work shall receive a minimum of two (2) hours pay at time and one -half (1 1/2) the officer's regular base rate, unless the time extends to the officer's regular work shift or unless the officer is called back to rectify his own error. Section 31.6 - Effects Bargaining In the event that the Village, in its sole discretion, elects to change from the current practice of using a 12 -hour shift for patrol assignments it agrees to bargain with the Union over the effect of such change. ARTICLE XXXII SALARIES Section 32.1 - Base Annual Salary See Exhibit A Section 32.2 - Stipends A. Detective /Juvenile Investigator All officers assigned to work as a Detective or Juvenile Investigator shall receive an annual stipend of $750.00 to be paid pro rata on each paycheck while the officer is serving in said assignment. B. Canine All officers assigned to work as a Canine Officer shall receive an annual stipend of $600.00 to be paid pro rata on each paycheck while the officer is serving in said capacity. C. Officer In Charge When an employee is assigned to act as an officer in charge during a patrol shift the employee shall receive $.60 per hour for each hour that the employee acts in that capacity. ARTICLE XXXIII MANAGEMENT RIGHTS Except as limited by the express language of this Agreement, Employer retains the exclusive right to manage the operations, determine its policies, budget and operations, the manner of exercise of its statutory functions and the direction of its working forces, including, but not limited to the rights to hire, promote, demote, transfer, allocate and assign Employees: to discipline, suspend and discharge, to lay off or relieve Employees from duty; to determine the size and composition of the work force; to make and enforce work rules, rules of conduct and regulations; to maintain discipline, order and efficiency; to determine the departments, divisions and sections and work to be performed therein; to determine the number of hours of work and shift per work week; to establish and change work schedules and assignments; to introduce new methods of operation; to eliminate, contract, and relocate transfer work and maintain efficiency. ARTICLE XXXIV FIRE AND POLICE COMMISSIONERS This agreement is not intended and shall not be construed in any manner to diminish or modify the statutory authority of the Board of Fire and Police Commissioners (the "Board "), Lemont, Illinois. The parties hereto expressly recognize the sole statutory authority of the Board over employees covered by this Agreement, including, but not limited to, making, altering and enforcing rules and regulations; and hiring, promoting, demoting, disciplining, and discharging employees. The parties expressly agree that the actions of the Board are not subject to the terms of this Agreement. The parties agree that all newly employed Patrol Officers are required to serve a probationary period as prescribed by the Village. During the probationary period, the officer is an employee -at -will and may be disciplined or discharged without notice and without cause, and without recourse to the grievance procedure. { • l ARTICLE XXXV NO PYRAMIDING Compensation shall not be paid more than once for the same hours under any provision of this Agreement. 4 ARTICLE XXVI TERM OF AGREEMENT This Agreement shall be in effect upon execution by both parties and shall remain in effect until April 30, 1996. By: Attest: C.a L 5c& r TEAMSTERS LOCAL #714 LAW ENFORCEMENT DIVISION By VILLAGE OF LEMONT Attest: Date: Date: yam. 7)7 .17)7 ., EMPLOYEE NAME NEW EMPLOYEE MILLER WEINERT LUBEK SMIT SMITH LIGHTFOOT FINK TULLY HANCOCK LEHMACHER DUERKOOP DESANDO 1. Effective Term EXHIBIT A ANNUAL BASE SALARY RATE 5/1/93 5/1/94 5/1/95 23600.00 24695.00 25675.00 25000.00 26150.00 27186.00 25550.00 26720.00 27780.00 26100.00 27293.00 28377.00 27000.00 28228.00 29348.00 27600.00 28851.00 29995.00 29043.00 30349.00 31553.00 30515.00 31880.00 33148.00 31015.00 32399.00 33687.00 31415.00 32815.00 34119.00 32550.00 33993.00 35345.00 34193.00 35698.00 37118.00 34693.00 36217.00 37657.00 This pay schedule is effective from May 1, 1993 to April 30, 1995. 2. Retroactivity Em:I oyees shall receive the annual base salary retroactive to May 1, 1993. 3. Salary Advancement, Named Employees Named employees will advance to their des: atF annual base salary rates. on May 1, 1994 and May 1, 1995 ':rc�_ iCed that the employee receives an average rating of 3.0 or. 7i;J 3ve on the employee's annual evaluation. 4. Salary Advancement, New Employees New employees shall commence work at the <:.c :demv r; .1,.ry rate of $21,500.00 per yea-. Upon sueces: ful conpietio i a- adetny program the employee sill advance to the r& Le rf : ^3, bu0. 00 per year. New employees shall advance salary rate on th:; it employment anniversary date provided that the employee receives "past" on the employee's annual evaluation. Fcvr the term of this Agreement the new employee annual salary rate shaLi be $24,520 for the second year of employment and $25,500.00 for '7-le third year of employment. - 45 -