R-10-15 Authorizing Adoption of a Labor Agrmt Between Village of Lemont and MAP, LP#33 Resolution No. 10-lc
A RESOLUTION AUTHORIZING ADOPTION OF A LABOR
AGREEMENT BETWEEN VILLAGE OF LEMONT AND
METROPOLITAN ALLIANCE OF POLICE, LEMONT POLICE CHAPTER#33
WHEREAS, the Village of Lemont ("Village") is an Illinois Municipal Corporation
pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; and
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, 2014 through
April 30, 2018; and
NOW, THEREFORE BE IT RESOLVED by the Village President and Board of
Trustees of the Village of Lemont that the attached Labor Agreement is hereby approved.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Resolution 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, COUNTIES OF COOK,WILL AND DUPAGE,
ILLINOIS on this 23rd day of February,2015.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer ✓
Paul Chialdikas ✓
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio ✓
BRIAN K. REAVES
President
ATTEST:
dordliA, 6, 0/i..CHARLENE M. SMOLLE
Village Clerk Rifeye#40
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE VILLAGE OF LEMONT
and
METROPOLITAN ALLIANCE OF POLICE LEMONT
POLICE CHAPTER #33
2014-2018
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I–RECOGNITION 1
Section 1.1 –Representative Unit 1
Section 1.2–Application of Agreement 1
ARTICLE II–UNION SECURITY 1
Section 2.1 –Dues Checkoff 1
Section 2.2–Fair Share 1
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
Section 6.1 –No Strike 3
Section 6.2–Union's Responsibility 3
Section 6.3 –Discharge of Violators 4
Section 6.4–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
Section 8.2–Eating Area 4
Section 8.3 –Loss of Personal Property 4
Section 8.4—Fitness for Duty 4
Section 8.5–Drivers License 5
ARTICLE IX–PERSONNEL FILES 5
Section 9.1 –Personnel Files 5
Section 9.2–Forms 5
ARTICLE X–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 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
Section 14.1 9
Section 14.2 10
Section 14.3 10
Section 14.4 10
Section 14.5 10
Section 14.6 Employee Choice of Disciplinary Forum 10
ARTICLE XV—MILEAGE REIMBURSEMENT 11
ARTICLE XVI—PARTIAL INVALIDITY 11
ARTICLE XVII—BULLETIN BOARDS 12
ARTICLE XVIII—REGULAR HOLIDAYS 12
Section 18.1 —Holidays 12
Section 18.1.2—Overtime or recall on a Holiday 13
Section 18.1.3 —Overtime as a Special Detail on a Holiday 13
Section 18.2—Personal Holidays 13
ARTICLE XIX—INSURANCE 13
Section 19.1 —Health and Major Medical Insurance 13
Section 19.2—Life Insurance 14
Section 19.3 —Death of an Officer in the Line of Duty 14
Section 19.4—Cost Containment 14
ARTICLE XX—PAID VACATIONS 15
Section 20.1 —Eligibility and Accrual 15
Section 20.2 —Vacation Pay 15
Section 20.3 —Scheduling 16
Section 20.4—No Accumulation 16
ARTICLE XXI—WORKER'S COMPENSATION 16
ARTICLE XXII—SHORT-TERM DISABILITY 16
Section 22.1 —Short-Term Disability 16
Section 22.2—Family and Medical Leave 17
ARTICLE XXIII—VOLUNTARY LEAVE OF ABSENCE 17
ARTICLE XXIV—MILITARY LEAVE 17
ARTICLE XXV—JURY LEAVE 18
ARTICLE XXVI—FUNERAL LEAVE 18
ARTICLE XXVII—OUTSIDE EMPLOYMENT 18
ARTICLE XXVIII—CLOTHING ALLOWANCE 18
Section 28.1 —Uniform& Equipment Requirements 18
Section 28.2—Uniform Allowance 19
Section 28.3 —Protective Vest Replacement 20
ARTICLE XXIX—EDUCATIONAL BENEFITS 20
ARTICLE XXX—SICK LEAVE 21
Section 30.1 —Absence from Work 21
Section 30.2—Sick Leave Usage 21
Section 30.3 —Sick Leave Accrual 21
Section 30.4—Sick Leave Buy Back 21
ARTICLE XXXI—HOURS OF WORK AND OVERTIME 22
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Section 31.1.1 —Eight Hour Shifts 22
Section 31.1.2—Twelve Hour Shifts 22
Section 31.1.3- Modified Twelve Hour Shifts .22
Section 31.3 —Compensation Time 23
Section 31.4—Court Time 23
Section 31.5 —Call-Back Time 23
Section 31.6—Effects Bargaining 24
Section 31.7—Overtime Assignment 24
Section 31.8 —Shift Exchange 24
ARTICLE XXXII—SALARIES 24
Section 32.1 —Base Annual Salary 24
Section 32.2—Stipends 24
Section 32.3 —Pension Contributions 24
ARTICLE XXXIII—MANAGEMENT RIGHTS 25
ARTICLE XXXIV—FIRE AND POLICE COMMISSIONERS 25
ARTICLE XXXV—NO PYRAMIDING 25
ARTICLE XXXVI—TERM OF AGREEMENT 25
APPENDIX A—WAGES 27
APPENDIX B—GRIEVANCE/ARBITRATION ELECTION 28
APPENDIX C—DUES AUTHORIZATION FORM 30
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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.
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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 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 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.
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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 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.
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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.
Section 8.4—Fitness for Duty
Any concern regarding an employee' fitness for duty will be determined as
described in the Village of Lemont Police Department General Orders in effect on December 17,
2014. Appeal of any discipline arising out of any question of an employee's fitness for duty will
be subject to the grievance procedure of this Agreement.
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Section 83—Drivers Licenses
Employees governed by this Agreement will abide by, and be subject to, the
Village of Lemont Police Department General Orders in effect on December 17t 2014 with
respect to matters involving the status of that employee's driver's license. Appeal of any
discipline arising out of the status of a member's drivers license will be subject to the grievance
procedure of this Agreement.
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:
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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.
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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:
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.
S 1'EP 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
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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 having an office in Illinois,Indiana,Wisconsin,
Michigan, or Iowa. Both the Village and the Union shall each have the right to reject one
panel
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 party 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 party shall be responsible for compensating
its own representatives and witnesses.
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
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.
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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.
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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 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.
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(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
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) Days; 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.
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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.
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. 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 compensation
time. If a Sergeant has accrued the maximum hours of compensation time allowed,the hours allocated
will be in the form of personal time.
12
B. Employees Regularly 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
For Sergeants assigned to Twelve Hour Shifts or a 2184 schedule (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.
Section 18.1.2—Overtime or Recall on a Holiday
Sergeants working outside of their regular reoccurring shift will be paid three (3) times
their regular rate of pay for every hour worked if it falls on a holiday as listed in Section 18.1 of
this agreement.
Sergeants who have been given the day off in lieu of holiday pay and have been recalled
to work will also be paid three (3)times their regular rate of pay for every hour worked on the
holiday.
Section 18.1.3 –Overtime as a Special Detail on a Holiday
Sergeants working a special detail in which the Village is reimbursed by an outside entity
will be paid at the standard overtime rate of one and one-half(1 '/2)times the officers hourly rate,
and does not exclude the officer from receiving the other benefits listed in this Section(18.1).
Section 18.2 - Personal Holidays
All Sergeants,assigned to work 2184 hours will receive forty-two(42)hours of personal time
off with pay to be used within the calendar year.,all officers working 2080 hours will receive thirty-
two(32)hours of personal time off with pay to be used in 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. Personal time shall be added annually at the start of every new calendar year.
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
dental 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.
13
Section 19.2 -Life Insurance
The Village shall select and provide group life insurance benefits for employees equal to the
individual employee's annual salary with a minimum benefit under this section of one hundred
thousand($100,000.00)effective no later than July 1st 2015. 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
$1,750 per fiscal year. This amount will be divided into 12 equal payments and paid to the
employee on the second paycheck of each month. In the event that an employee looses coverage
from an outside source, has a life changing event, or elects to re enroll in the Village sponsored
health plan during open enrollment, monthly payments to the employee will cease immediately
upon enrollment.
14
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 Annual Vacation Annual Vacation
80 Hours Shift 84 Hour Shifts
Less than five(5)years 80 hours 84 hours
Upon reaching fifth(5th) 120 hours 126 hours
Anniversary of Employment
Upon reaching tenth(10th) 160 hours 168 hours
Anniversary of Employment
Upon reaching fifteenth(15t) 200 hours 210 hours
Anniversary of Employment
Upon reaching twentieth(20th) 240 hours 252 hours
Anniversary of Employment
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.
15
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 accordin g 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.
16
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
p osition is available u p on 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.
17
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
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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 one thousand
dollar($1000)check for his/her annual uniform allowance,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.
19
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 Three Thousand Dollars ($3,000) per
employee during any calendar year. In the event that funding is not available for all village
g
employees who have been approved for reimbursement, the Village Administrator may prorate the
reimbursement among the approved employees.
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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 or 8.4 hours
for 2184 schedule employees.
An employees 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.
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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(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 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
y( ) 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
p Y � hour shifts,
,
however for purposes of overtime calculations and benefits they shall be treated the same as
patrol employees assigned to twelve hour shifts.
31.1.3 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
22
to be taken at a reasonable time during the second half of the shift, and one thirty (30) minute
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 31.3 -Compensatory Time
31.3.1 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.
31.3.2 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 31.3.4 -No Guarantee
The Village and Union agree based on operational needs to move from a modified twelve(12)
to a straight twelve(12)hours of work for all members. All Sergeants,regardless of position will work
2184 hours per year. Specialty positions may be assigned to work shifts other than twelve(12)hour
shifts on a set schedule. These hours can be temporarily changed for operational necessity and/or
training. The additional four(4)hours per pay period will be considered overtime paid at straight-time
rates.
If due to financial issues or operational changes and the Village has a need to move to a
modified twelve(12)schedule,the parties will conduct impact and effect bargaining concerning a
schedule change. The Village will offer sixty(60) days notice of its intent to seek changes and
such negotiations shall commence within forty-five (45) days of receipt of such notice. If a
schedule change does occur,the Village and Union will meet on a quarterly basis to discuss the
updates status as to operational concerns and/or fmancial concerns to determine at what point to return
to straight twelve(12)shift 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 Sergeants 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.
23
Section 31.6 - Effects Bargaining
In the event that the Village, in its sole discretion, elects to change the practice of
using a straight 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.
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$2000 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.
24
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.
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, 2018
VILLAGE OF LEMO % METROPOLITAN ALLIANCE OF POLICE
LEMONT POL CE CHAPTER#39
By. B 1 �
y
Date: ,chru -25 dD(ic Date: T Ot C� 1DIS
By: �i�_ �� / • By:irr
b-491-ft/ .eidc
25
Date: t c 4O/5-- Date:
26
APPENDIX A
WAGES
5/1/2014— 5/1/2015 — 5/1/2016— 5/1/2017—
Step 4/30/2015 4/30/2016 4/30/2017 4/30/2018
Start $89,236.46 $91,467.37 $93,982.72 $96,802.20
Step 1 $90,442.22 $92,703.28 $95,252.62 98,110.20
Step 2 $91,647.98 $93,939.18 $96,522.51 $99,418.19
Step 3 $92,853.77 $95,175.11 $97,792.43 $100,726.20
Step 4 $94,059.54 $96,411.02 $99,062.33 $102,034.20
Step 5 $97,900.18 $100,347.68 $103,107.25 $106,200.46
Step Ranges for 2080 hr Employees
5/1/2014— 5/1/2015 — 5/1/2016— 5/1/2017—
Step 4/30/2015 4/30/2016 4/30/2017 4/30/2018
Start $93,698.28 $96,040.74 $98,681.86 $101,642.32
Step 1 $94,964.33 $97,338.44 $100,015.249 $103,015.71
Step 2 $96,230.39 $98,636.15 $101,348.65 $104,389.11
Step 3 $97,496.44 $99,933.85 $102,682.03 $105,762.50
Step 4 $98,762.51 $101,231.57 $104,015.44 $107,135.91
Step 5 $102,795.19 $105,365.07 $108,262.61 $111,510.49
Step Ranges for 2184 hr Employees
i
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 pp g y oard of Fire and
Police Commissioners.
All wages are retroactive to May 1, 2014. 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.
27
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
I, ,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.
ln file a grievance over my suspension or discharge,I hereby release the Village of
Lemont,By the e Lemont ectio to 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
28
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 .
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
29
APPENDIX C
Metropolitan Alliance of Police
e s, 215 Remington Boulevard Suite C•Bolingbrook,IL 60440
Phone:630/759-4925•Fax:630/759-1902
e49�,-._ yft
E-mail:mapunion @msn.com•www.mapunion.org
CHECK OFF DUES AUTHORIZATION
BOARD OF DIRECTORS
Joseph M.Andalina I,the undersigned member of the Metropolitan Alliance of Police(MAP)
President
Keith George Chapter# ,hereby authorize and direct my employer,
Vice President to deduct from my wages and to pay to the Metropolitan Alliance of Police or its
Treasurer
Y g P Y po .
Richard Tracy authorized representative,the regular monthly dues of$ ,which may be owed to
Secretary
Jeffery Ortinau the Metropolitan Alliance of Police as a result of my membership therein.
Legal Advisor
Michael O'Brien
N O rna� I understand that if I refuse to sign this form,I am subjected to the fair share
Raymond Violetto arrangements set forth in the collective bargaining agreement.Fair share dues are set at
Tinley Park
John Holiday the same amount as regular monthly dues and I understand that if I am fair share,I am
DeKalb County not eligible for the free legal defense as an offered benefit of full dues paying status.
CHIEF COUNSEL
Joseph Mazzone
This authorization shall continue to be in effect for the term of this contract between the
CO-COUNSEL employer and the Metropolitan Alliance of Police,although the dues amount may
Richard Reimer
Steven Calcaterra change during the term of the contract.
GENERAL COUNSEL
Ronald Cicinelli
Keith Karison Member's name: Date:
Chris Potthoff (Please print)
Jerry Marzuilo
Jeffrey A.Goodloe Member's signature: DOB:
Nicholas A.Caputo
Anthony A.Poise Address:
Matthew Roeschley City/State/Zip
David Wysopal
Karen Zajicek Phone: E-mail:
30