S-1657 - 08/09/2022 - FIRE DEPARTMENT - Ordinances Supporting Documents SETTLEMENT AGREEMENT
This Settlement Agreement("Agreement") is made and entered into by the Associated
Fire Fighters of Oak Brook, IAFF Local 4646 ("IAFF" or"Union") and the Village of Oak
Brook("Village"). The Village and Union shall jointly be referred to as "parties."
WHEREAS, IAFF is the certified collective bargaining representative for a bargaining
unit of Village firefighters and lieutenants;
WHEREAS, the Village and IAFF are parties to a collective bargaining agreement
("CBA") dated January 1, 2019, through December 31, 2022;
WHEREAS, on May 10, 2021, a Battalion Chief retired and the Village subsequently
voted to defund the third Battalion Chief position;
WHEREAS, the Union filed a grievance (Grievance Number 21-1) and a demand to
bargain regarding the elimination of the Battalion Chief position;
WHEREAS, the parties wish to avoid further litigation and expense in these matters.
NOW THEREFORE, the parties agree to the following terms, which are supported by
sufficient and valuable consideration:
1. The Village agrees upon approval of this Settlement Agreement by both parties, the Village
will direct the Board of Fire and Police Commissioners to promote a Lieutenant to the rank
of Battalion Chief. As a result of the Lieutenant vacancy created by the promotion of a
Battalion Chief, in accordance with Section 17.6 of the CBA,the Village will further direct
the Board to promote a Firefighter to the rank of lieutenant. The parties agree these
promotions shall be prospective only and that, except as provided in Paragraphs 2 and 3
below, no employee shall be entitled to receive any backpay resulting from the promotions,
rank differential pay, acting pay, or any other pay and benefits on a retroactive basis.
However, solely for the purposes of time in rank,the promotions to lieutenant and battalion
chief shall be deemed effective November 6, 2021.
2. Lt. Pavlovic's salary upon promotion to the rank of Battalion Chief shall be $131,893.89.
This is based on the equivalent of a 9%raise effective January 25 plus a 6-month merit raise
of 1.50%on June 25. Pavlovic shall receive a one-time, lump sum payment of$1,522.60.
His merit raise date for future merit raises (if any) shall be based on January 25, 2022, as the
date of his promotion. Pavlovic's sick leave bank will be increased to 1,836 hours of accrued
sick leave, and he will also be credited with one additional personal day, as per the Village's
personnel manual for non-union employees. The parties understand that addressing the
wages and benefits of the Battalion Chief in this Agreement is solely for the purpose of
resolving the grievance and related litigation, and does not by any means confer upon the
Union any rights to bargain on behalf of the Battalion Chiefs.
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3. Pursuant to Section 12.1 of the collective bargaining agreement, upon her promotion,
Firefighter Ruska will receive a 10.0% increase in her base salary because she has completed
all certified Fire Officer I courses. Her new base salary shall be $110,786.60, with no
retroactive pay. Pursuant to Section 12.3, Firefighter Ruska will be eligible to receive a 6-
month increase on January 25, 2023.
4. This Agreement shall be considered non-precedential except as set forth in this Agreement.
This Agreement will not be cited, offered, or relied upon in any way in connection with any
matter, against any party or non-party, except in order to enforce the terms of this
Agreement.
5. The parties agree that this Agreement does not constitute, is not intended to be, and shall not
be construed, interpreted, or treated in any respect as an admission of any liability or
wrongdoing by the Village or IAFF.
6. The parties agree that this Agreement resolves all matters between the Union and Village in
connection with the above-referenced dispute, as well as any corresponding or potential
litigation. The Union agrees to withdraw the Unfair Labor Practice Charge filed on or about
May 26,2022, regarding promotions and the alleged repudiation of a prior agreement, and the
grievance regarding promotions. The Union and Village agree not to initiate any other claims
against each other regarding this matter. The parties agree that each party is responsible for
bearing its own costs, fees, and attorneys' fees.
BY:
VILLAGE OF OAK BROOK ASSOCIATED FIRE FIGHTERS OF
OAK BROOK,IAFF LOCAL 4646
Signa re Signature
President, IAFF Local 4646
Title Title
11-*-r i 1 , Za L z August 4, 2022
Date Date
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