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R-77-12 Authorizing Adoption of a Labor Agreement Between VOL and MAP, LP #33RESOLUTION R -77— -1- A RESOULTION AUTHORIZING ADOPTION OF A LABOR AGREEMENT BETWEEN VILLAGE OF LEMONT AND METROPOLITAN ALLIANCE OF POLICE, LEMONT POLICE CHAPTER #33 WHEREAS, Lemont Police Department is represented by Metropolitan Alliance of Police, Lemont Police Chapter #33; and WHEREAS, following negotiations with the Police bargaining unit, the Police Department has ratified the terms of a Labor Agreement; and WHEREAS, the terms of this labor agreement shall extend from May 1, 2012 through April 30, 2014 NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont that the attached Agreement is hereby approved. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this /°I-M Day of �&&MAI- ' , 2012. AYES NAYS PASSED ABSENT Debby Blatzer Paul Chialdikas ✓' Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Attest: ✓ Y CHARLENE SMOLLEN, Village Clerk COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF LEMONT and METROPOLITAN ALLIANCE OF POLICE LEMONT POLICE CHAPTER #33 2012 -2014 TABLE OF CONTENTS PREAMBLE........................................................................................... ..............................1 ARTICLEI — RECOGNITION ............................................................... ..............................1 Section 1.1 — Representative Unit ..................................................... ..............................1 Section 1.2 — Application of Agreement ........................................... ..............................1 ARTICLE II — UNION SECURITY ....................................................... ..............................1 Section2.1 — Dues Checkoff ............................................................. ..............................1 Section2.2 — Fair Share ......................................:............................. .............I................. l Section 2.3 — Indemnification ............................................................ ..............................2 ARTICLE III — NON - DISCRIMINATION ............................................ ..............................2 ARTICLE IV — LABOR MANAGEMENT COMMITTEE ................... ..............................2 ARTICLE V — ENTIRE AGREEMENT ................................................. ..............................3 ARTICLE VI — CONTINUITY OF OPERATION ................................. ..............................3 Section6.1 — No Strike ..................................................................... ............................... 3 Section 6.2 — Union's Responsibility ............................................... ............................... 3 Section 6.3 — Discharge of Violators ................................................. ..............................4 Section6.4 —No Lockout ................................................................. ............................... 4 Section 6.5 — Reservation of Rights .................................................. ..............................4 ARTICLE VII — BILL OF RIGHTS ....................................................... ..............................4 ARTICLE VIII — WORKING CONDITIONS ........................................ ..............................4 Section 8.1 — Locker Provided .......................................................... ..............................4 Section8.2 — Eating Area .................................................................. ..............................4 Section 8.3 — Loss of Personal Property ............................................ ..............................4 ARTICLE IX — PERSONNEL FILES ................................................... ............................... 5 Section 9.1 — Personnel Files ............................................................ ............................... 5 Section9.2 — Forms .......................................................................... ............................... 5 ARTICLEX — SENIORITY .................................................................. ............................... 5 Section 10.1 —Definition of Seniority .............................................. ............................... 5 Section 10.2 — Loss of Seniority ....................................................... ............................... 5 Section 10.3 — Application of Seniority ........................................... ............................... 6 Section 10.4 — Layoffs and Recall ..................................................... ..............................6 Section 10.5 — Failure to Respond to Recall .................................... ............................... 6 Section 10.6 — Seniority List ............................................................ ............................... 6 ARTICLE XI — GRIEVANCE PROCEDURE ...................................... . .I............................. 6 Section 11.1 —Definition ................................................:.................. ..............................6 Section 11.2 —Procedure .................................................................. ............................... 6 Section 11.3 —Arbitration ................................................................. ..............................7 Section 11.4 — Limitations on Authority of Arbitrator ...................... ..............................8 Section 11.5 — Miscellaneous ........................................................... ............................... 8 Section 11.6 —Promotion, Suspension or Termination .................... ............................... 8 ARTICLE XII — UNION OFFICERS .................................................... ............................... 9 ARTICLE XIII — UNION REPRESENTATIVE ................................... ............................... 9 ARTICLE XIV — DISCIPLINE .............................................................. ..............................9 i Section14.1 ......... ........................................................................................................... 9 Section14.2 ...................................................................................... ..............................9 Section14.3 ...................................................................................... ..............................9 Section14.4 ...................................................................................... ..............................9 Section14.5 ....................................................................................... .............................10 Section 14.6 Employee Choice of Disciplinary Forum ...................... .............................10 ARTICLE XV — MILEAGE REIMBURSEMENT ................................. .............................11 ARTICLE XVI — PARTIAL INVALIDITY ............................................ .............................11 ARTICLE XVII — BULLETIN BOARDS ............................................... .............................11 ARTICLE XVIII — REGULAR HOLIDAYS .......................................... .............................12 Section18.1 — Holidays ...................................................................... .............................12 Section 18.2 — Personal Holidays ....................................................... .............................13 ARTICLE XIX — INSURANCE .............................................................. .............................13 Section 19.1 — Health and Major Medical Insurance ......................... .............................13 Section 19.2 — Life Insurance ............................................................. .............................13 Section 19.3 — Death of an Officer in the Line of Duty ..................... .............................13 Section 19.4 — Cost Containment ....................................................... .............................13 ARTICLE XX — PAID VACATIONS ..................................................... .............................14 Section 20.1 — Eligibility and Accrual ................................................ .............................14 Section 20.2 — Vacation Pay ............................................................... .............................14 Section 20.3 — Scheduling .................................................................. .............................14 Section 20.4 — No Accumulation ........................................................ .............................15 ARTICLE XXI — WORKER'S COMPENSATION ................................ .............................15 ARTICLE XXII — SHORT -TERM DISABILITY ................................... .............................15 Section 22.1 — Short-Term Disability ................................................. .............................15 Section 22.2 — Family and Medical Leave ......................................... .............................16 ARTICLE XXIII — VOLUNTARY LEAVE OF ABSENCE .................. .............................16 ARTICLE XXIV — MILITARY LEAVE ................................................. .............................16 ARTICLE XXV — JURY LEAVE ............................................................ .............................17 ARTICLE XXVI — FUNERAL LEAVE .................................................. .............................17 ARTICLE XXVII — OUTSIDE EMPLOYMENT ................................... .............................17 ARTICLE XXVIII — CLOTHING ALLOWANCE ................................. .............................17 Section 28.1 — Uniform & Equipment Requirements ......................... .............................17 Section 28.2 — Uniform Allowance .................................................... .............................18 Section 28.3 — Protective Vest Replacement ...................................... .............................19 ARTICLE XXIX — EDUCATIONAL BENEFITS .................................. .............................19 ARTICLE XXX — SICK LEAVE ............................................................ .............................20 Section 30.1 — Absence from Work .................................................... .............................20 Section 30.2 — Sick Leave Usage ....................................................... .............................20 Section 30.3 — Sick Leave Accrual ..................................................... .............................20 Section 30.4 — Sick Leave Buy Back ................................................. .............................20 ARTICLE XXXI — HOURS OF WORK AND OVERTIME .................. .............................21 Section31.1 — Overtime ..................................................................... .............................21 Section 31.2 — Compensatory Time ................................................... .............................22 Section31.3 — No Guarantee .............................................................. .............................22 Section 31.4 — Court Time .................................................................. .............................22 11 Section 31.5 — Call -Back Time ................. ............................... Section 31.6 — Effects Bargaining ............ ............................... Section 31.7 — Overtime Assignment ....... ............................... Section 31.8 — Shift Exchange .................. ............................... ARTICLE XXXII — SALARIES .................... ............................... Section 32.1 — Base Annual Salary .......... ............................... Section 32.2 — Stipends ............................ ............................... Section 32.3 — Pension Contributions ....... ............................... ARTICLE XXXIII — MANAGEMENT RIGHTS ........................ ARTICLE XXXIV — FIRE AND POLICE COMMISSIONERS. ARTICLE XXXV — NO PYRAMIDING ...... ............................... ARTICLE XXXVI — TERM OF AGREEMENT .......................... APPENDIX A — WAGES ................... ............................... APPENDIX B — GRIEVANCE /ARBITRATION ELECTION.... APPENDIX C — DUES AUTHORIZATION FORM ................... iii ......... ............................... 22 ......... ............................... 22 ........... .............................22 ......... ............................... 22 ......... ............................... 23 ......... ............................... 23 ......... ............................... 23 ............................ ........23 ......... ............................... 23 ......... ............................... 23 ......... ............................... 24 ......... ............................... 24 ......... ............................... 25 ........... .............................26 ......... ............................... 28 PREAMBLE This Agreement is made and entered into by and between the Village of Lemont (hereinafter referred to as the "Village ") and the Metropolitan Alliance of Police, Lemont Sergeants Chapter #33 (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 employed by the Village of Lemont in the rank of sergeant. Excluded are all sworn patrol officers, lieutenants, commander assignment, chief and all confidential, managerial and supervisory employees as defined by Sections 6(c) and 9(d) of the Illinois Public Labor Relations Act, and all other employees of the Village of Lemont. Section 1.2 - Application of Agreement The terms of this Agreement are applicable only to full -time sworn police officers employed by the Village of Lemont in the rank of sergeant. ARTICLE H UNION SECURITY Section 2.1- Dues Checkoff Upon receipt of proper written authorization from a police officer, the Employer shall deduct each month's Union dues in the amount certified by the Treasurer of the Union from the pay of such police officer covered by this Agreement from the first two paychecks each month. Such money shall be submitted to the Metropolitan Alliance of Police within fifteen (15) days after the deductions have been made. The Union shall advise the Employer of any increase in dues in writing, at least thirty (30) days prior to its effective date. A copy of the authorization form is attached hereto as Appendix C. Section 2.2 - Fair Share During the term of this Agreement, Sergeants who are not members of the Chapter shall, commencing thirty (30) days after the effective date of this Agreement, pay a fair share fee to the Chapter for collective bargaining and contract administration services tendered by the Chapter as the exclusive_ representative of the officers covered by this Agreement. Such fair share fee shall be deducted by the Village from the earnings of non - members and remitted to the Chapter each month. The Chapter shall annually submit to the Village a list of the officers covered by this Agreement who are not members of the Chapter and an affidavit which specifies the amount of the fair share fee, which shall be determined in accordance with the applicable law. 1 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 - member and the Union cannot agree on an 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 As long as the initial action is not brought by the Village, the Union shall indemnify and hold the Village harmless against any and all claims, demands, suits or other forms of liability brought against the Village, including costs and attorney's 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 Section 2.2, Fair Share. 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. 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 parry, 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 not loss of pay. It is expressly understood and agreed that such meetings shall be exclusive of a grievance procedure and do not constitute negotiations. Grievances being processed under the grievance procedure shall not be considered at labor management meetings, nor shall negotiations for the purpose of altering any or all of the terms of this agreement be carried on at such meetings. 2 ARTICLE V ENTIM 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 state 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. 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, 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 an 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 employee 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 reasonably appropriate to bring about observance of the provisions of this Article, including compliance with reasonable requests of the employer to accomplish this end. 3 Section 6.3 - Discharge of Violators The employer shall have the right to 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, except as to the issue of whether an employee participated in the prohibited action. 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. 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 Officer' Disciplinary Act (50ILCS 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. M 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. No material shall be placed in an employee's personnel file unless the employee has had an opportunity to view the material. 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 officer's length of full -time continuous service as a police officer in the Lemont Police Department. B. In the event that two or more Sergeants have the same promotion date, seniority shall be determined by the order of appointment to the rank of Sergeant by the Board of Fire and Police Commissioners. C. Bargaining unit employees shall be afforded seniority credit only for the purposes set forth in this contract. Section 10.2 - Loss of Seniority A sergeant's seniority will terminate in the following circumstances: A. The sergeant resigns or quits; B. The sergeant retires; C. The sergeant is discharged or permanently removed from the payroll, and the separation is not reversed; D. The sergeant does not return to work at the expiration of a leave of absence; E. The sergeant is absent for three (3) consecutive scheduled work days without authorization; or F. The sergeant does not return to work when recalled from layoff. Section 10.3 - Application of Seniority Seniority in rank shall be considered for the following: A. Vacation preference, except for the Detective Sergeant who shall draw separately. 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 as set forth in 65 ILCS 5/10- 2.1 -18. Section 10.5 Failure to Respond to Recall If a sergeant fails to timely respond to 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; a sergeant must make written application for reinstatement within thirty (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 sergeant in the bargaining unit, whether the sergeant is entitled to seniority or not. The employer shall post a similar list without sergeants' addresses. Within thirty (30) calendar days after the date of posting, a sergeant must notify the employer of any alleged errors in the list or it will be considered binding on the sergeant 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 thirty (30) calendar days of such posting, a sergeant must again notify the employer of any alleged errors or the information in the list shall be considered binding on the sergeant 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. Section 11.2 - Procedure The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows: 0 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 with 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 within five (5) business days with the grievant and 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 Administrator within five (5) business days after receipt of the Village's answer to Step 2. Thereafter, the Village Administrator of 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 Administrator or designee shall submit a written answer to the grievant and the 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 wished 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 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 7 in its entirety within seven (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 parry striking the first and the 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 parry shall be responsible for compensating its own representatives and witnesses. Section 11.4 - Limitations on Authority of Arbitrator The arbitrator shall have not 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 11.5.1 A "business day" is defined as a calendar day exclusive of Saturdays, Sundays or holidays observed by the Village. 11.5.2 No grievance may be filed more than twenty (20) business days from the day of the original occurrences 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. 11.5.3 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 agreement of the grievant and the Village. 11.5.4 No matter or action shall be treated as a grievance unless a grievance is filed in accordance with this Article. Section 11.6 - Promotion It is understood that matters involving promotion, 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 OFFICERS The Village recognized the right of the Union to select Union officers, representatives, or stewards, and the Union agrees to furnish the Village, within 2 weeks of ratification of this Agreement, with the names of the officers, representatives, or stewards selected by the Union.. Union officers, representatives and/or 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 nor the union shall have recourse to the other method of review. The Village and the Chapter recognize that promotions, suspensions, and termination, 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. 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. 7 All suspensions of five (5) days or less issued by the Chief shall be expunged upon written request of the employee after four (4) 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. Section 14.5 A suspension day is defined as an 8 -hour day. Section 14.6 Employee Choice of Disciplinary Forum 14.6.1. Contesting Discipline - Oral and Written Reprimands Oral and written reprimands shall be subject to the Grievance Procedure Article of this Agreement but shall not be subject to arbitration. 14.6.2. Contesting Discipline - Suspensions and Termination (1) In General Prior to imposing discipline, involving a suspension or termination, the Chief of Police or the Chief's designee will set a meeting with the employee to advise the employee of the proposed discipline and the factual basis therefore. At the employee's request, the employee shall be entitled to Union representation at that meeting. After the conclusion of said meeting, the Chief or the Chief's designee will issue a Decision to Discipline, in writing, as to the proposed discipline ( "Decision to Discipline "), to the affected employee and the Union. At the employee's option, disciplinary action against the employee may be contested either through the arbitration procedure of this Agreement or through the Board of Fire and Police Commissioners (BOFPC), but not both. In order to exercise this option, an officer must execute an Election, Waiver and Release form ( "Election Form" attached as Appendix B). The Election Form shall be given to the officer by the employer, at the time the officer is formally notified of the Decision to Discipline. The employee shall have five (5) calendar days upon receipt of Election Form to tender the executed Election Form to the Chief or the Chief's designee. (2) Suspensions of Five (5) Days or Less If the discipline is a suspension for five (5) days or less, the Chief may impose the suspension immediately upon the issuance of the Decision to Discipline. If the employee elects to contest the suspension through the grievance /arbitration procedure, the Election Form shall constitute a grievance, which shall be deemed filed at the arbitration step of the grievance procedure. (3) Termination or Suspensions of More Than Five (5) Days- Arbitration For discipline involving suspensions in excess of five (5) days or termination, if the employee elects arbitration, the Chief of Police has the right and discretion to impose discipline immediately upon the receipt of the Election Waiver and Release Form. In 10 such cases, the Election Form shall constitute a grievance, which shall be deemed filed at the arbitration Step. During this process, the employer shall have the burden of proving that the discipline was issued for just cause. (4) Termination or Suspensions of More Than Five (5) Dqys• Board of Fire and Police Commissioners For discipline involving suspensions in excess of five (5) days or termination, if the employee elects to have the case heard by the BOFPC, then the Chief must file the appropriate charges before the BOFPC. (5) Failure to Return the Election Form in Cases of Termination or Suspensions of More Than Five (5) Days If an officer fails to timely return the Election Form in the case of termination or suspension of more than five (5) days, such failure shall be deemed a waiver of the right to contest discipline via arbitration and require the Chief to file charges before the BOFPC. 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 notice of a non- controversial nature, but only after submitting them to the Chief or his designee for approval and posting. There shall be no distribution or posting by employees of advertising political material, notices or other kinds of literature on the employer's property other than herein provided. 11 ARTICLE XVIII REGULAR HOLIDAYS Section 18.1 - Holidays The following shall be paid holidays for all eligible employees: New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day A. Employees Assigned to Shift Schedules 1. If a Sergeant is regularly scheduled to work, and works on a holiday, compensation will be at two and one -half (2 -1/2) times the officer's hourly rate for each hour worked. 2. Except for Sergeant assigned to Twelve Hour Shifts, 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. 3. For Sergeant assigned to Twelve Hour Shifts or a 2184 hour schedule (Sec. 31.1.2), if a holiday falls on an officer's regularly scheduled non- vacation day off, he will receive compensation equivalent to 8.4 hours at base rate pay in lieu of a day off. On occasions when a majority of un -sworn Village employees are released early by the Mayor or Village Administrator, Patrol Sergeants will be allocated three (3) additional hours of personal time. B. Employees Re ug larly Assigned to a Monday - Friday Schedule Sergeants 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 Except for Sergeants assigned to Twelve Hour Shifts, if a holiday falls on an officer's scheduled vacation day, the Sergeant shall receive compensation equal to eight (8) hours of base pay in lieu of a day off. For Sergeants assigned to Twelve Hour Shifts (Sec. 31.1.2), if a holiday falls on a Sergeant's scheduled vacation day, the Sergeant shall receive compensation equal to 8.4 hours of base pay in lieu of a day off. 12 Section 18.2 - Personal Holidays All Sergeants, assigned to shifts other than Twelve Hour Shifts (Sec. 31.1.2) will be given three (3) personal days, equal to twenty -four (24) hours, off with pay to be used within the calendar year. Sergeants assigned to Twelve Hour. Shifts or a 2184 hour schedule (Sec. 31.1.2) will be given 30 hours of personal time 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. 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 and the same level of employee premium contributions 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, and to change the employee premium contribution requirements of 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. Section 19.2 - Life Insurance The Village shall select and provide group life insurance benefits for employees equal to fifty thousand dollars ($50,000.00). The Village shall pay the entire premium for said coverage. Section 19.3 - Death of an Officer in the Line of Duty The Public Safety Employee Benefits Act (820 ILCS 320) as it may be amended from time to time is hereby adopted by reference. In addition, the Village shall provide reimbursement of up to five thousand dollars ($5,000.00) for burial expenses. Section 19.4 — Cost Containment If an employee can prove they have health insurance from another source and elect to be covered by health insurance that is not provided by the Village, then the Village will pay that employee $1,500 per fiscal year. Payment will be made once open enrollment period is complete. If an employee is eligible to return during non -open enrollment period, the employee will be required, at a pro -rated amount to return that amount to the employer. If an employee is eligible to drop coverage during non -open enrollment period, the employer will pay that employee, at a pro -rated amount up to $1,500; subject to no cost implications to the Village. 13 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 at the commencement of each fiscal year according to the following accrual schedule: Length of Service Less than five (5) years Upon reaching fifth (5th) Anniversary of Employment Upon reaching tenth (10th) Anniversary of Employment Upon reaching fifteenth (15th) Anniversary of Employment Upon reaching twentieth (20th) Anniversary of Employment Annual Vacation Annual Vacation 80 Hours Shift 84 Hour Shifts 80 hours 84 hours 120 hours 126 hours 160 hours 168 hours 200 hours 210 hours 240 hours 252 hours Covered Sergeants who utilize vacation and subsequently leave the employ of the Village shall be required to reimburse the Village for the pro rata share of used but unearned vacation, (e.g., a first year officer utilizing 80 hours of vacation in June and departing the Village on October 31 shall be responsible for reimbursing the Village for 40 hours of vacation time used). 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 May 1 with all employees covered by this Agreement's final vacation sign -ups being posted by May 31. A sign -up sheet will be posted providing each officer the opportunity to select vacations. Vacations will be allocated according to shift. After May 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 fiscal 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. 14 A maximum of eighty -four (84) vacation hours may be carried over to the following fiscal year. In all other instances no carry over for vacation is permitted and all unused vacation at the end of a fiscal 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 Section 22.1 - 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 positions, 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. Sergeants assigned to temporary light duty assignments shall be paid at their regular rate of pay. 15 Section 22.2 - Family and Medical Leave An employee shall be entitled to Family and Medical Leave as provided by law. All paid sick leave which is used for and FMLA eligible event shall run concurrently with FMLA leave and shall be deducted from an employee's annual FMLA leave time. 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 amount. 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 opening s 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. 16 ARTICLE XXV JURY LEAVE Employees shall receive their regular base pay for the time spent on jury duty upon signing and returning their jury duty check to the Village. ARTICLE XXVI FUNERAL LEAVE An employee will be granted five (5) paid regularly scheduled shifts 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, step - parent, step/half siblings, step - children or guardian. The employee may elect to utilize sick time for other family members that do not fit into the definition of immediate family above. ARTICLE XXVII OUTSIDE EMPLOYMENT The Chief of Police, in his sole discretion, may restrict off -duty employment in the best interest of department operations. Sergeants may be allowed to engage in off -duty employment subject to the prior written approval of the Chief of Police or his designate. ARTICLE XXVIII CLOTHING ALLOWANCE Section 28.1— Uniform & Equipment Requirements Sergeants shall be equipped with uniforms and equipment by the Village in accordance with the list described below. In the event that the Village changes to a new uniform style or changes the listed equipment, the Village shall provide the Sergeants with a first issue uniform and/or equipment at the Village's cost, to include changes in color of required uniform. 1. Hats a. 1 year round dress hat 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 4. Shirts 17 a. 3 long sleeve b. 3 short sleeve C. 2 polo shirts 5. Ties a. 2 ties b. 1 tie bar 6. 3 pair trousers /pants 7. 1 trouser /pant belt 8. 1 pair shoes 9. 1 pair boots 10. Gun equipment a. Uncle Mike's belt or Sam Brown belt/or leather duty belt b. 1 patrol holster c. double snap clip pouch or quick loader d handcuff case e. PR24 or nightstick holder /or ASP (dependant on certification) f. 4 double snap keepers g. set of handcuffs with key 11. Protective vest 12. Rain gear 13. 1 wooly pully sweater 14. 2 name tags /plates 15. 2 police badges 16. Capstun device with holster 17. 1 baton ring 18. Radio holder 19. 1 epaulet radio mic holder 20. 50 rounds of ammunition 21. 1 key holder 22. 1 reflective vest 23. 2 sets of ammo magazines or speed loaders for revolver ammunition 24. Dress Blouse Section 28.2 - Uniform Allowance By May 5th of each year of this Agreement, each officer shall receive a separate check for his/her annual uniform allowance as outlined in the schedule below, to be used for the replacement and acquisition of authorized uniform components and equipment. An officer assigned to plainclothes duty as a regular assignment may use said amount for civilian clothes needed for plainclothes duty. 2012 -2013 $900.00 2013 -2014 $900.00 18 Section 28.3 - Protective Vest Replacement The Village shall replace protective vests five (5) years from the manufacture date of the vest. ARTICLE XXIX EDUCATIONAL BENEFITS A full -time employee with at least one year of service with the Department may seek reimbursement for job - related college courses in accordance with the provisions of this section. All requests shall be subject to the approval of the Village Administrator, and subject to the availability of funds. Reimbursement shall be subject to the following criteria: 1. A written request by the employee with all supporting documents to the Chief prior to registration. 2. The course or curriculum must be, in the opinion of the Village Administrator, related to the employee's job, and approved by the Village Administrator prior to enrollment. 3. The amount of funds budgeted by the Village and available for reimbursement on a village wide basis. 4. Courses must be taken from an accredited college or university. 5. The employee must receive a minimum grade of "C" or its numerical equivalent. 6. Reimbursement is limited to tuition, books and laboratory fees which must be supported by presentment of an official receipt of payment issued by the institution attended. 7. Classes are not to be taken during employee's work hours. 8. The employee must sign an agreement to repay the Village for all reimbursement received, if the employee leaves the employment of the Village for any reason prior to the completion of a period of one (1) year after completion of the course so reimbursed, including therein an agreement for withholding of said amount from the employee's last payroll check or checks. Reimbursement shall be limited to a maximum of Two Thousand Dollars ($2,000.00) per employee during any calendar year. In the event that funding is not available for all village employees who have been approved for reimbursement, the Village Administrator may prorate the reimbursement among the approved employees. 19 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 a Sergeant becomes ill during working hours, he must notify his supervisor before leaving work. Section 30.2 - Sick Leave Usage Sick leave may be used only for illness for employee, or for the care of an ill or injured member of the officer's immediate family, which is defined as spouse, child or parent/guardian. 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) consecutive days' absence to furnish a certificate from .a licensed physician to support their sick leave claim. 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 if the employee has worked or been on paid sick leave at least one -half of the employee's scheduled workdays in a calendar month. Sick leave may accumulate to a maximum of 2080 hours. Sick leave earned in excess of the maximum shall be forfeited. Section 30.4 - Sick Leave Buy Back Upon separation from the Village police department, an employee will receive payment, as shown below, of any unused, accumulated sick leave for service with the Village - 1 -5 years 10% - 6 -10 year 15% - 11 -15 years 20 % - 16 -19 years 25% - At 20 years 40 %. Sergeants who separate from the Village due to a duty- related disability, regardless of years of service, will be treated as if they have at least 20 years of service. 20 ARTICLE XXXI HOURS OF WORK AND OVERTIME Section 31.1- Overtime 31.1.1 Eight -Hour Shift Sergeants who are assigned to an eight -hour shift shall receive overtime pay for all time worked in excess of eighty hours in a 14 -day work period. Overtime shall be compensated at a rate of one and one -half (11/2) 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 80 -hour requirement. Sergeants 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. Sergeants shall remain on duty during rest and meal periods. 31.1.2 Twelve -Hour Shift Sergeants who are assigned to a twelve -hour shift receive overtime pay for all time worked in excess of eighty -four (84) hours in a 14 -day work period. Overtime shall be compensated at a rate of one and one -half (1 -1/2) times the Sergeant'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. Sergeants 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 (45) minute meal period during each shift. Sergeants shall remain on duty during rest and meal periods. So long as the Department employs twelve hour shifts for patrol, employees assigned to tasks other than patrol duties may be assigned to daily shifts other than twelve hour shifts, however for purposes of overtime calculations and benefits they shall be treated the same as patrol employees assigned to twelve hour shifts. 3.1.1.3 Modified Twelve -Hour Shift The modified twelve -hour shift shall provide for a combination of twelve -hour shifts with one eight -hour shift within a 14 -day work period. Sergeants who are assigned to a modified twelve -hour shift shall receive overtime pay for all time worked in excess of eighty (80) hours in a 14 -day work period. Overtime shall be compensated at a rate of one and one -half (1 -1/2) times the Sergeant's regular hourly straight time rate of pay. All authorized paid time off shall be included in determining whether a Sergeant has worked in excess of the 80 -hour requirement. While working the eight -hour shift, Sergeants 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 21 meal period during each shift. While working the twelve -hour shift, Patrol Officers shall be permitted two (2) fifteen minute rest periods and one forty -five (45) minute meal period during each shift. Sergeants shall remain on duty during rest and meal periods. So long as the Department employs modified twelve hour shifts for patrol, employees assigned to tasks other than patrol duties may be assigned to daily shifts other than twelve hour shifts, however for purposes of overtime calculations and benefits they shall be treated the same as patrol employees assigned to modified twelve hour shifts. 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 may accrue to a maximum of 180 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. Said approval shall not be unreasonably denied. 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 All officers 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 the practice of using a modified 12 -hour shift, it agrees to bargain with the Union over the effect of such change. Section 31.7 - Overtime Assignment Whenever a patrol Sergeant, who is scheduled for duty, is absent from duty when no patrol officer designated as an OIC is also scheduled for duty, and the Chief elects to fill the absence, he shall first seek Sergeants to fill the absence on a voluntary basis. If the Chief is unable to secure a volunteer, including a failure by a Sergeant to respond to the request, the Chief may, at his discretion, order a Sergeant to fill the absence or fill the absence with other personnel. Section 31.8 - Shift Exchange Sergeants may switch a scheduled day with another Sergeant. Such exchange shall not be the cause of overtime and shall be subject to the approval of the Chief of Police or his designee. 22 ARTICLE XXXII SALARIES Section 32.1 - Base Annual Salary Covered employees shall receive compensation as set forth in Appendix A, attached hereto. All wages and wage- related benefits shall be retroactive to May 1, 2012. Section 32.2 - Stipends A. Detectives /Juvenile Sergeant All Sergeants assigned to work as a Detective or Juvenile Sergeant shall receive an annual stipend of $1500 to be paid pro rata on each paycheck while the officer is serving in said assignment. Section 32.3 - Pension Contributions The Village agrees to adopt a resolution implementing a tax deferral of employee pension contributions as provided by law. 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 directions 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 compositions of the work force; to make and endorse 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 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 Except as modified by this agreement with respect to an employee's choice of disciplinary forum, the parties hereto expressly recognize the 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. 23 ARTICLE XXXV NO PYRAMIDING Compensation shall not be paid more than once for the same hours under any provision of this Agreement. ARTICLE XXXVI TERM OF AGREEMENT This Agreement shall be in effect upon execution by both parties and shall remain in effect until April 30, 2014 VILLAGE ► EMONT METROPOLITAN ALLIANCE OF POLICE LEMONT POLIC. - B • _ By: y �� Date: D j2 r .bzr' 7 0/Z Date: /17 f-rZ By: 'J%, -� By: Date:kgsgrrLbe r fl .O l)- Date: At. /ft, Lp/Z- 24 APPENDIX A WAGES Step placement is based on years of service at the rank of Sergeant. Step movement shall occur on the anniversary date of the appointment to the rank of Sergeant by the Board of Fire and Police Commissioners. All wages are retroactive to May 1, 2012. Steps are based on actual years of service; officers advance on their anniversary date of promotion. In addition, Sergeants shall receive salary adjustments on May 1 of each year, as set forth above. Sergeants at top pay shall receive salary adjustments on May 1 of each year only. The salary schedule set forth in Appendix A for 2184 work hours per year is based on a base salary of a 2080hr schedule with an additional 4 hours per pay period paid at straight time. 25 2080 Pay Schedule 2012- 2013 2013 -2014 Start, 84,936.54 87,059.96 St o"I 86,084.22 88,236.32 Step 2 87,231.88 89,412.67 Step 3 88,379.55 90,589.04 Step 4 89,527.22 91,765.40 Step 5 93,182.80 95,512.37 Step placement is based on years of service at the rank of Sergeant. Step movement shall occur on the anniversary date of the appointment to the rank of Sergeant by the Board of Fire and Police Commissioners. All wages are retroactive to May 1, 2012. Steps are based on actual years of service; officers advance on their anniversary date of promotion. In addition, Sergeants shall receive salary adjustments on May 1 of each year, as set forth above. Sergeants at top pay shall receive salary adjustments on May 1 of each year only. The salary schedule set forth in Appendix A for 2184 work hours per year is based on a base salary of a 2080hr schedule with an additional 4 hours per pay period paid at straight time. 25 APPENDIX B THE EMPLOYEE IS TO EXECUTE ONE, BUT NOT BOTH, OF THE FOLLOWING OPTIONS IN ORDER TO ELECT THE FORUM IN WHICH TO CONTEST DISCIPLINE: OPTION 1: ELECTION TO USE THE GRIEVANCE / ARBITRATION PROCEDURE: ELECTION, WAIVER. AND RELEASE TO USE GRIEVANCE /ARBITRATION WITH REGARD TO DISCIPLINE WHICH WOULD OTHERWISE BE SUBJECT TO THE JURISDICTION OF THE LEMONT BOARD OF FIRE AND POLICE COMMISSIONERS being proposed for discipline by the Village of Lemont Police Department (including suspension from duty with or without pay or termination of employment) hereby elect to pursue a grievance over such discipline according to the appropriate provisions of the collective bargaining agreement between the Village of Lemont, Illinois, and the Metropolitan Alliance of Police. I agree that such grievance shall be my sole remedy to the exclusion of other remedies available to me, including but not limited to, the provisions of any Illinois civil service law, board of fire and police commissioners law, rule or regulation, such as 65 ILCS 5/10 -2.1 et seq., as amended. I acknowledge that by making this election of remedy I am waiving the rights and remedies of any alternative review or appeal procedure available to me, such as provided for in any Illinois civil service law, rule or regulation, such as 65 ILCS 5/10 -2.1 et seq., as amended, in favor of the rights and remedies afforded to me under the provisions of the collective bargaining agreement between the Village of Lemont and the Metropolitan Alliance of Police. Furthermore, I acknowledge and agree that execution of the Election, Waiver and Release shall be a prerequisite to processing of any grievance concerning the proposed discipline of me by the Lemont Department. By selecting the grievance process alternative, I acknowledge my understanding that the Village has the right to unilaterally impose the proposed discipline immediately, subject to possible later modification or reversal by an arbitrator should I or the Union choose to pursue a grievance through arbitration. By election to file a grievance over my suspension or discharge, I hereby release the Village of Lemont, the Lemont Board of Fire and Police Commissioners and the Metropolitan Alliance of Police, as well as their officers, directors, agents, employees, attorneys, and other representatives from any and all liability which flows as a consequence of my election. Signed this day of , 20 By: Subscribed and sworn to before me this day of , 20 Notary Public, Illinois My commission expires Received by the Chief of Police's Office: , 200_ Date PIZ OPTION 2: ELECTION TO HAVE A HEARING BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF LEMONT AND TO WAIVE GRIEVANCE/ ARBITRATION: ELECTION, WAIVER AND RELEASE TO HAVE A HEARING BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS AND TO WAIVE THE GRIEVANCE /ARBITRATION PROCEDURE I, ' being subject to discipline by the Village of Lemont Police Department (including suspension from duty with or without pay or termination of employment) hereby elect to have a hearing over such discipline before the Board of Fire and Police Commissioners of the Village of Lemont in accordance with their rules and the laws of the State of Illinois. I agree that such hearing shall be my sole remedy to the exclusion of other remedies available to me, including but not limited to, the grievance / arbitration procedures of the collective bargaining agreement between the Village of Lemont and the Metropolitan Alliance of Police. I hereby acknowledge that charges will be filed with the Board of Fire and Police Commissioners requesting my suspension without pay or my termination. By election to have a hearing before the Board of Fire and Police Commissioners over my suspension or discharge, I hereby release the Village of Lemont, the Lemont Board of Fire and Police Commissioners and the Metropolitan Alliance of Police, as well as their officers, directors, agents, employees, attorneys, and other representatives from any and all liability which flows as a consequence of my election. Signed this day of , 20 an Subscribed and sworn to before me this day of , 20 Notary Public, Illinois My commission expires Received by the Chief of Police's Office: , 200_ Date 27 BOARD OF DIRECTORS Joseph M. Andalina President Keith George !tire President Treasurer Richard Tracy Secretary Jeffery Ortinau LtgalAdzisar Michael O'Brien New Lenox Raymond Violetto Tinley Park John Holiday DeKalb County CHIEF COUNSEL Joseph Mazzone CO- COUNSEL Richard Reimer Steven Calcaterra APPENDIX C Metropolitan Alliance of Police 215 Remington Boulevard Suite C • Bolingbrook, IL 60440 Phone: 630/759 -4925 • Fax: 630/759 -1902 E -mail: mapunion @msn.com • wwwmapunion.org CHECK .OFF DUES AUTHORIZATION I, the undersigned member of the Metropolitan Alliance of Police (MAP) Chapter # , hereby authorize and direct my employer, to deduct from my wages and to pay to the Metropolitan Alliance of Police or its authorized representative, the regular monthly dues of $ , which may be owed to the Metropolitan Alliance of Police as a result of my membership therein. I understand that if I refuse to sign this form, I am subjected to the fair share arrangements set forth in the collective bargaining agreement. Fair share dues are set at the same amount as regular monthly dues and I understand that if I am fair share, I am not eligible for the free legal defense as an offered benefit of full dues paying status. This authorization shall continue to be in effect for the term of this contract between the employer and the Metropolitan Alliance of Police, although the dues amount may change during the term of the contract. GENERAL COUNSEL Ronald Cicinelli Keith Karlson Member's name:_ Chris Potthoff (Please print) Jerry Mwmflo Jeffrey A. Goodloe Member's signature:, Nicholas A. Caputo Anthony A. Poise Address: Matthew Roeschley David Wysopal Phone: Karen Zajicek 28 Date: _ DOB: City /State /Zip_ E -mail: