R-1378 - 06/10/2014 - CONTRACTS - Resolutions RESOLUTION 2014-CNTRCT-FD-IAFF-EX-R-1378
A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL#4646
WHEREAS, many of the Fire Department employees employed by the Village of Oak Brook
("Village") are members of the International Association of Fire Fighters, Local#4646 ("Union"); and
WHEREAS, the Village and the Union desire to enter into an agreement governing the
employment terms for Village those employed members for the period between January 1, 2013 and
December 31, 2015 ("Agreement"), which Agreement is attached hereto as Exhibit A; and
WHEREAS, the Village President and Board of Trustees hereby find and determine that it is in
the best interest of the Village to approve and enter into the Agreement and the Letter Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Resolution as the findings of the Village President and Board of Trustees.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and the Union in substantially the form attached to
this Resolution as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement
fully executed by the Union.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-CNTRCT-FD-IAFF-EX-R-1378
Approving Fire Union Contract
Page2of2
APPROVED THIS 10th day of June, 2014. i. ,/,(...,„.._„.....„60_, , ,
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of June, 2014.
Ayes: Trustees Baar, Moy, Wolin, Yusuf
Nays: Trustee Adler, Manzo
Absent: None
iciif t � 'a ATTEST:
04„,.....4,,,,,,,,p
E ` Charlotte K. Pruss
it Village Clerk
i„:= 0. to°4
4
AGREEMENT
between
VILLAGE OF OAK BROOK
and
IAFF LOCAL UNION #4646
January 1, 2013 - December 31, 2015
Table of Contents
Page
ARTICLE I RECOGNITION AND REPRESENTATION 1
Section 1.1, Recognition 1
ARTICLE II NON-DISCRIMINATION 2
Section 2.1, Generally 2
Section 2.2, Americans with Disabilities Act 2
ARTICLE III UNION RIGHTS 2
Section 3.1, Dues Checkoff 2
Section 3.2, Fair Share 3
Section 3.3, Indemnification 5
Section 3.4, Union Use of Bulletin Board 5
Section 3.5, Access to Village Premises 6
Section 3.6, Union Executive Board 6
Section 3.7, Meetings for Bargaining Unit Members 6
ARTICLE IV LABOR-MANAGEMENT AND SAFETY COMMITTEE 7
ARTICLE V GRIEVANCE PROCEDURE 7
Section 5.1, Definition 7
Section 5.2, Procedure 8
Section 5.3, Bypassing Steps 9
Section 5.4, Arbitration 9
Section 5.5, Limitations on Authority of Arbitrator 10
Section 5.6, Time Limit for Filing 10
Section 5.7, Time Off for Grievances 11
ARTICLE VI NO STRIKE-NO LOCKOUT 11
Section 6.1, No Strike 11
Section 6.2, Union's Responsibility 12
Section 6.3, Discharge of Violators 12
Section 6.4, No Lockout 12
Section 6.5, Reservation of Rights 12
ARTICLE VII SENIORITY, LAYOFF AND RECALL 13
Section 7.1, Definition of Seniority 13
Section 7.2, Seniority List 13
Section 7.3, Layoff 13
Section 7.4, Recall 14
Table of Contents
(continued)
Page
Section 7.5, Effects of Layoff 15
Section 7.6, Termination of Seniority 15
Section 7.7, Notification of Layoff 16
Section 7.8, Probationary Period for Newly Hired Firefighters 16
ARTICLE VIII HOURS OF WORK AND OVERTIME 17
Section 8.1, Application of this Article 17
Section 8.2, Normal Work Period 17
Section 8.3, FLSA Work Cycle 17
Section 8.4, Annual Shift Assignments 18
Section 8.5, Overtime Pay 18
Section 8.6, Cancellation of Overtime 19
Section 8.7, Eight Hour Shift Assignments. 19
Section 8.8, Shift Trading 19
Section 8.9, Compensatory Time 20
Section 8.10, Call Back Pay 21
Section 8.11, No Pyramiding 22
Section 8.12, Compensation for Training 22
Section 8.13, Paramedic Continuing Education 22
Section 8.14, Changes in Normal Workday or Normal Work Cycle 23
Section 8.15, Definition of Overtime Terms 23
Section 8.16, Administration of Overtime 24
ARTICLE IX LEAVES OF ABSENCE 25
Section 9.1, Sick Leave 25
Section 9.2, Sick Leave Requirements 27
Section 9.3, Bereavement Leave 29
Section 9.4, Other Leaves of Absence 29
Section 9.5, Outside Employment 30
Section 9.6, Family and Medical Leave Act 30
Section 9.7, Jury Duty Leave 30
Section 9.8, Extended Off-the-Job Injury or Illness 30
Section 9.9, Discretionary Leave 31
Section 9.10, Maternity Leave 30
Section 9.11, Paternity Leave 31
Section 9.12, Military Leave 31
ARTICLE X VACATIONS 33
Section 10.1, Eligibility 33
Section 10.2, Vacation Eligibility 34
Section 10.3, Vacation Pay 34
Section 10.4, Vacation Scheduling 34
ii
Table of Contents
(continued)
Page
Section 10.5, Limitation on Accumulation of Vacation 35
ARTICLE XI HOLIDAYS AND PERSONAL DAYS 36
Section 11.1, Holidays 36
Section 11.2, Personal Days 36
Section 11.3, Holiday Overtime 36
ARTICLE XII SALARIES AND ECONOMIC BENEFITS 37
Section 12.1, Salaries 37
Section 12.2, Twenty-Fifth Year Anniversary Wage Payment 38
Section 12.3, Performance Increases 38
Section 12.4, Longevity Pay 41
Section 12.5, Retroactivity 41
Section 12.6, Paramedic Incentive 42
Section 12.7, Tuition Reimbursement 42
Section 12.8, Educational Incentive 42
Section 12.9, Pay for Working Out of Classification 43
Section 12.10, Retirement Bonus 44
ARTICLE XIII INSURANCE 44
Section 13.1, Dental, Health, Life, and Vision Insurance Coverage 44
Section 13.2, Cost Containment 49
Section 13.3, Terms of Policies to Govern 50
Section 13.4, Right to Maintain Coverage While on Unpaid Leave or on Layoff 50
Section 13.5, Term Life Insurance 50
Section 13.6, Medical Insurance Committee 51
Section 13.7, Retirement Health Savings Plan 49
ARTICLE XIV MANAGEMENT RIGHTS 52
ARTICLE XV DRUG AND ALCOHOL TESTING 53
Section 15.1, General Policy Regarding Drugs and Alcohol 53
Section 15.2, Definitions 53
Section 15.3, Requirements 54
Section 15.4, The Administration of Tests. 54
Section 15.5, Conduct of Tests 57
Section 15.6, Cutoff Levels 58
Section 15.7, Right to Contest 58
Section 15.8, Voluntary Requests for Assistance 59
Section 15.9, Confidentiality of Test Results 59
Section 15.10, Discipline for Positive Test 60
iii
Table of Contents
(continued)
Page
ARTICLE XVI GENERAL PROVISIONS 60
Section 16.1, Rules and Regulations 60
Section 16.2, Gender of Words 61
Section 16.3, Fitness Examinations 61
Section 16.4, No Solicitation 61
Section 16.5, Mileage Reimbursement 62
Section 16.6, Discipline 62
Section 16.7, Access to Personnel File 64
Section 16.8, Safety and Unsafe Conditions 65
Section 16.9, Pension Pick-Up 65
Section 16.10, Replacement of Personal Items 65
Section 16.11, Prescription Lenses 65
Section 16.12, Inoculations 66
Section 16.13, Paramedic Decertification 66
Section 16.14, Subcontracting 67
Section 16.15, Meetings for Bargaining Unit Members 67
Section 16.16, Deferred Compensation Plan 67
Section 16.17, Killed in the Line of Duty 68
Section 16.18, Employee Reimbursement of Employer Training Costs 68
ARTICLE XVII PROMOTIONS 68
Section 17.1, General 68
Section 17.2, Vacancies 69
Section 17.3, Eligibility 69
Section 17.4, Weight of Factors 70
Section 17.5, Factors 71
Section 17.6, Order of Selection 75
Section 17.7, Duration 76
Section 17.8, Monitoring 76
Section 17.9, Right to Review 77
ARTICLE XVIII ENTIRE AGREEMENT 77
ARTICLE XIX SAVINGS CLAUSE 78
ARTICLE XX DURATION AND TERM OF AGREEMENT 79
Section 20.1, Termination in 2015 79
iv
Table of Contents
(continued)
Page
APPENDIX A DUES DEDUCTION FORM
V
AGREEMENT
This Agreement is made and entered into by and between the Village of Oak Brook
(hereinafter referred to as the "Village") and the IAFF Local#4646 (hereinafter referred to as the
"Union").
It is the intent and purpose of this Agreement to set forth the parties' entire agreement
with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of
employment that will be in effect during the term of this Agreement for employees covered by
this Agreement;to prevent interruptions of work and interference with the operations of the
Village; to encourage and improve efficiency and productivity; to encourage the fair and
equitable treatment of employees; to maintain the highest standards of personal integrity and
conduct at all times; and to provide procedures for the prompt and peaceful adjustment of
grievances as provided herein.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I
RECOGNITION AND REPRESENTATION
Section 1.1, Recognition. The Village recognizes the Union as the sole and exclusive
bargaining representative for all sworn full-time employees employed as firefighters in the rank
or position of Lieutenant, Firefighter or Firefighter/Paramedic (hereinafter referred to as
"lieutenants", "firefighters" or "employees"), but excluding all ranks above lieutenant, any
employee excluded from the definition of firefighter as defined in the Illinois Public Labor
Relations Act("Act") 5 ILCS 315/1 et seq. as amended, contract paramedics and all other
managerial, supervisory, confidential, short-term or professional employees as defined by the
Act, as amended.
ARTICLE II
NON-DISCRIMINATION
Section 2.1, Generally. In accordance with applicable federal and state law, neither
the Village nor the Union shall discriminate against any employee covered by this Agreement
because of race, sex, age, religion, creed, marital status, color national origin, sexual
orientation, genetic information, Union or non-Union affiliation. Any dispute concerning the
interpretation and application of this paragraph with respect to race, sex, age, religion, creed,
marital status, color, national origin, sexual orientation, genetic information, shall be
processed through the appropriate federal or state agency or court rather than through the
grievance procedure set forth in this Agreement.
Section 2.2, Americans with Disabilities Act. In accordance with applicable law,
both the Village and the Union agree to abide by the requirements of the Americans with
Disabilities Act, as amended. 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 III
UNION RIGHTS AND RESPONSIBILITIES
Section 3.1, Dues Checkoff. During the term of this Agreement the Village will
deduct from each employee's first two (2) paychecks each month the uniform, regular semi-
monthly Union dues for each employee in the bargaining unit who has filed with the Village
a Dues Deduction Authorization form attached as Appendix A to this Agreement. The
Village shall promptly forward a copy of the Dues Deduction Authorization forms to the
Union following receipt of the Dues Deduction Authorization forms from the employee.
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Such authorization may only be revoked in writing between ninety(90) days and forty-five
(45) days prior to the termination date set forth in Section 20.1 of Article XX(Duration and
Term of Agreement).
The Union agrees to give the Village at least thirty(30) days'notice in writing of any
change in the amount of the regular dues to be deducted. The Union further agrees that it will
not submit such written notification of a change in the amount of the regular dues to be deducted
more than once within any twelve (12) month period of time. The Village shall remit the total
amount of the dues deducted twice each month, together with a list of employees from whom
dues have been deducted, to a person or an account designated by the Union. If an employee
receives earnings in an amount less than the uniform dues deduction during a given pay period,
the Village shall not collect dues during said pay period or collect dues in the future for that pay
period that the employee did not receive earnings that would cover the uniform dues deduction.
The Union agrees to refund to the employee any amounts paid to the Union in error on account of
this dues deduction provision.
Section 3.2, Fair Share. During the term of this Agreement, bargaining unit employees
who are not members of the Union shall, commencing sixty(60) days after the effective date of
this Agreement or sixty(60) days after their employment, whichever is later, pay as a condition
of employment a fair share fee to the Union for collective bargaining and contract administration
services rendered by the Union as the exclusive representative of the employees covered by this
Agreement,provided that the fair share fee shall not exceed the dues attributable to being a
member of the Union. Such fair share fees shall be deducted by the Village from the earnings of
non-members and remitted to the Union in the same manner and intervals as Union dues are
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deducted. The Union shall periodically submit to the Village a list of employees covered by this
Agreement who are not members of the Union and an affidavit which specifies the amount of the
fair share fee. The amount of the fair share fee shall not include any contributions related to the
election of or support of any candidate for political office or for any member only benefits.
The requirement to pay a fair share fee shall be applicable to any employee who is
employed in a bargaining unit position after the date on which this Agreement is ratified by both
parties and who either fails to join the Union and authorize dues deduction within the sixty(60)
day period, or who is a member of the Union on or after the date on which this Agreement is
ratified by both parties and who thereafter withdraws from such membership and revokes
authorization for dues deduction.
The Union agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in Chicago Teachers Union v.
Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share fee payors.
Accordingly,the Union agrees to do the following:
(a) Give timely notice to fair share fee payors via the Dues Deduction Authorization
form of the amount of the fee and an explanation of the basis for the fee, including
the major categories of expenses, as well as verification of same by a certified
public accountant of the Union's choosing and at the Union's sole cost and
expense.
(b) Advise fair share fee payors of an expeditious and impartial decision-making process
whereby fair share fee payors can object to the amount of the fair share fee (i.e.,
the Illinois State Labor Relations Board(ISLRB)procedure).
(c) Place the amount reasonably in dispute into an escrow account pending resolution
of any objections raised by fair share fee payors to the amount of the fair share
fee.
It is specifically agreed that any dispute concerning the amount of the fair share fee and/or
the responsibilities of the Union with respect to fair share fee payers as set forth above
shall not be subject to the grievance and arbitration procedure set forth in this Agreement.
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Non-members who object to this fair share fee based upon bona fide religious tenets or
teachings shall pay an amount equal to such fair share fee to a non-religious charitable
organization mutually agreed upon by the employee and the Union. If the affected non-member
and the Union are unable to reach agreement on the organization, the organization shall be
selected by the affected non-member from an approved list of charitable organizations
established by the Illinois State Labor Relations Board and the payment shall be made to said
organization.
Section 3.3, Indemnification. The Union shall indemnify and hold harmless the Village,
its elected representatives, officers, administrators, agents and employees from and against any
and all claims, demands, actions, complaints, suits or other forms of liability(monetary or
otherwise) as a result of the Village's action in deducting regular monthly dues and fair share fees
and forwarding same to the Union in accordance with the provisions of this Article or in reliance
on any authorization forms furnished by the Union under any of such provisions.
Section 3.4, Union Use of Bulletin Board. The Village agrees to provide an area in each
Fire Station for the Union to post one (1)bulletin board. The bulletin board space shall not
exceed four (4) feet by four(4) feet. Such bulletin board shall be for the posting of official
Union notices of a non-political, non-controversial nature, but only after such notices have been
submitted to and approved by the Fire Chief or in his absence the Fire Chief's designee, for
posting. Such approval shall be noted on the posting, along with the date it was approved and the
period of time that the notice will be posted. Except as provided in this Section,there shall be no
distribution or posting of Union materials of any kind on Village property.
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Section 3.5, Access to Village Premises. Duly authorized Union business representatives
will be permitted access at reasonable times to the premises of the Village for the purpose of
handling grievances or otherwise representing employees pursuant to the provisions of this
Agreement. These business representatives will be identified to the Fire Chief or his designee in
a manner suitable to the Village and on each occasion will first secure the prior approval of the
Fire Chief or his designee to enter and conduct their business so as not to interfere with Village
operations. If such approval is granted, the Fire Chief or his designee shall designate the area
where such business is to be conducted and the period of time to be provided. The Union will
not abuse this privilege, and such right of entry shall at all times be subject to general department
rules applicable to non-employees.
Section 3.6, Union Executive Board. The Village recognizes the right of the Union to
select a Union Executive Board and alternate(s) and the Union agrees to furnish the Village in
writing within two (2) weeks of ratification of this Agreement with the names of the members of
the Union Executive Board and Union President and any alternate(s) selected by the Union. The
Union President or his designee shall be deemed the Union's official spokesperson. Union
Executive Board members are not permitted to conduct Union business during work hours
without the permission of the Fire Chief or his designee, which permission shall not
unreasonably be denied during non-assigned time.
Section 3.7,Meetings for Bargaining Unit Members. Bargaining unit members shall be
allowed to meet quarterly within the fire stations, subject to the performance of assigned and
emergency work duties, for the purpose of discussing Union business, so long as the meetings are
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approved by the Fire Chief or his designee, and do not interfere with the operations of the Fire
Department, as determined by the Fire Chief or his designee.
ARTICLE IV
LABOR-MANAGEMENT AND SAFETY COMMITTEE
At the request of either party, the Union President and the Fire Chief or their designees
shall meet at least quarterly to discuss matters of mutual concern, including safety matters,that
do not involve negotiations. The Union President may invite other bargaining unit members (not
to exceed two)to attend such meetings. The Fire 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 Fire Chief prior to their attendance at a
meeting and if such attendance is approved, the employee will be permitted to attend the meeting
during his/her regular hours of work with no loss of pay, subject to being available for emergency
responses.
A Labor-Management and Safety Committee meeting shall not be used for the purpose of
discussing any matter that is being processed pursuant to the grievance procedure set forth in this
Agreement or for the purpose of seeking to negotiate changes or additions to this Agreement.
ARTICLE V
GRIEVANCE PROCEDURE
Section 5.1, Definition. A "grievance" is defined as any dispute or difference of opinion
raised by an employee (or the Union as provided below) against the Village with respect to the
meaning, interpretation or application of a specific provision or provisions of this Agreement.
The Union may only file a grievance if the same facts give rise to a grievance involving two or
more employees.
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Section 5.2, Procedure. The parties acknowledge that it is usually most desirable for an
employee and his Battalion Chief 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, or the Grievance Chairman or his designee on behalf of any
employee, who has a grievance, shall submit the grievance in writing with a copy sent via
electronic mail (email)to a Battalion Chief. The bargaining unit member selected by the
Union Executive Board to act as a Union representative for the purpose of a grievance
shall be known as the "Grievance Chairman". The Grievance Chairman, or his designee,
shall represent the aggrieved employee at each step of the grievance procedure. The
grievance shall contain a brief statement of the facts,the provision or provisions of this
Agreement which are alleged to be involved in the dispute or difference, and the relief
requested. All grievances must be presented no later than fourteen(14) calendar days
from the date of the occurrence of the matter giving rise to the grievance or within
fourteen(14) calendar days after the employee was provided with information, or
obtained knowledge, of the occurrence of the event giving rise to the grievance. The
Battalion Chief shall render a written response to the grievant and the Grievance
Chairman, or his designee (as specified on the grievance form)within fourteen(14)
calendar 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 with a
copy sent via electronic mail (email) to the Fire Chief within fourteen (14) calendar days
after receipt of the Village's answer at Step 1. The Fire Chief, or the designated Battalion
Chief, shall investigate the grievance and, in the course of such investigation, shall offer
to discuss the grievance within fourteen(14) calendar days with the grievant,together
with the Grievance Chairman, or his designee (as specified on the grievance form at a
time mutually agreeable to the parties. If no settlement of the grievance is reached,the
Fire Chief, or his designee, shall provide a written answer to the grievant and the Union
within fourteen(14) calendar days following their meeting.
STEP 3: If the grievance is not settled at Step 2 and the Union or the employee desires to
appeal, it shall so notify the Village Manager in writing with a copy sent via electronic
mail (email) fourteen(14) calendar days after receipt of the answer of the Fire Chief or
his designee at Step 2. Thereafter,the Village Manager or his/her designee and the Fire
Chief or other appropriate individual(s) as desired by the Village Manager(not to exceed
three) shall meet with the grievant and the Grievance Chairman or his designee and other
appropriate individuals as desired by the Grievance Chairman or his designee (not to
exceed three)within fourteen(14) calendar days of receipt of the Union's appeal. The
Village Manager or designee shall submit a written answer to the grievant and Union
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within fourteen(14) calendar days following receipt of the Union's appeal or within
fourteen(14) calendar days following the meeting if a meeting is held.
Section 5.3, Bypassing Steps. The parties may by mutual agreement in writing agree to
bypass one or more steps of the grievance procedure. Any grievance filed by the Union shall be
initiated at Step 2.
Section 5.4, Arbitration. If the grievance is not settled in Step 3 and the Union wishes to
appeal the grievance from Step 3 of the grievance procedure,the Union only may refer the
grievance to arbitration, as described below, within fourteen(14) calendar days of receipt of the
Village's written answer as provided to the Union at Step 3. Within fourteen(14) calendar days
of such request, the Union and the Village Manager or his designee shall attempt to select an
arbitrator.
(a) In the absence of agreement on a neutral arbitrator,the parties shall file a joint
request with the Federal Mediation& Conciliation Service ("FMCS") for a panel
of five (5) arbitrators from which the parties shall select a neutral arbitrator. In the
event that the Village representative does not sign and submit said request
(already signed by the Union)to FMCS or return same to the Union fully signed
within ten(10) calendar days after same was received by the Village
representative,the Union may file a request that is consistent with the provisions
of this subsection with FMCS signed only by it with Notice to the Village. The
parties agree to request the FMCS to limit the panel to members of the National
Academy of Arbitrators who reside within a radius of 175 miles of the City of
Chicago. Both the Village and the Union shall each have the right to reject one
panel in its entirety, on written notice to the other, within seven(7) calendar days
of its receipt and request that a new panel be submitted. The Village and the
Union shall have the right alternately to strike names from the panel. One party
shall strike a name,the other party shall then strike a name, and this shall continue
until one name remains. The person remaining shall be the arbitrator. The parties
shall alternate striking the first name, with the Union striking first in the first
grievance arbitration, the Village striking first on the next grievance arbitration
and so on thereafter during the collective bargaining relationship between the
parties.
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(b) The arbitrator shall be notified of his/her selection by the Union and shall be
requested to set a time and place for the hearing, subject to the availability of
Union and Village representatives.
(c) The arbitrator shall endeavor to submit his/her decision in writing within thirty
(30) calendar days following the close of the hearing or the submission of briefs
by the parties,whichever is later.
(d) More than one grievance may be submitted to the same arbitrator where both
parties mutually agree in writing.
(e) The fees and expenses of the arbitrator and the cost of a written transcript 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 5.5, Limitations on Authority of Arbitrator. The arbitrator shall have no right to
amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The
arbitrator shall consider and decide only whether there has been a violation, misinterpretation or
misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered
to determine the issue or issues reasonably raised by the grievance as initially submitted. The
arbitrator shall have no authority to make a decision on any issue or issues not so reasonably
raised. The arbitrator shall be without power to make any decision or award which is contrary to
or inconsistent with applicable laws. Any decision or award of the arbitrator rendered within the
limitations of this Section 5.5 shall be final and binding upon the Village,the Union and the
employees covered by this Agreement.
Section 5.6, Time Limit for Filing. No grievance shall be entertained or processed unless
it is submitted at Step 1, or Step 2 if applicable, within fourteen(14) calendar days after the
occurrence of the event giving rise to the grievance or within fourteen(14) calendar days after the
employee was provided with information, or obtained knowledge, of the occurrence of the event
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giving rise to the grievance.No matter or action shall be treated as a grievance unless a grievance
is filed in accordance with this article.
If a grievance is not presented by the employee or by the Union(as defined above)within
the time limits set forth above, it shall be considered "waived" and may not be pursued further. If
a grievance is not appealed to the next step within the specified time limit or any agreed
extension thereof, it shall be considered settled on the basis of the Village's last answer. If the
Village does not answer a grievance or an appeal thereof within the specified time limits,the
aggrieved employee or the Union, whichever is applicable, may elect to treat the grievance as
denied at the step and within fourteen(14) calendar days after the Village answer was due appeal
the grievance to the next step. The parties may by mutual agreement in writing extend any of the
time limits set forth in this Article.
Section 5.7, Time off for Grievances. The Grievance Chairman or his designee, whose
participation in grievance meetings held pursuant to the provisions of this Article is necessary,
shall be allowed to attend said meetings without loss of pay. Grievance meetings shall be
scheduled in a manner which does not interfere with Village operations. Time off from duty
hours without loss of pay shall also be given to the Grievance Chairman or his designee, to attend
a mutually agreed upon meeting with the Village Manager or his designee for the purpose of
arranging the arbitration.
ARTICLE VI
NO STRIKE-NO LOCKOUT
Section 6.1,No Strike. Neither the Union nor any officer, member of the Union or
employee covered by this Agreement will call, institute, authorize, participate in, sanction,
encourage, or ratify any strike, work stoppage, sympathy strike, secondary boycott, slowdown,
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mass absenteeism or picketing which causes any work stoppage or any concerted refusal to
perform duties by any employee or employee group.
Section 6.2, Union's Responsibility. Should any activity prescribed in Section 1 of this
Article occur,the Union shall immediately:
(a) Publicly disavow such action by the employees or other persons involved;
(b) Advise the Employer in writing that such action is not sanctioned by the Union;
(c) Notify the employees stating that it disapproves of such action and 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.
Section 6.3, Discharge of Violators. The Employer shall have the right to file charges
seeking discharge or otherwise discipline any or all employees who violate any of the provisions
of this Article. In such event,the employee or employees, or the Union in their behalf, shall have
no recourse to the grievance procedure, except for the sole purpose of determining whether an
employee or employees participated in the action prohibited by this Article. If it is determined
that an employee did so participate, the disciplinary action taken by the Employer may not be
disturbed.
Section 6.4,No Lockout. The Employer agrees that it will not lock out any 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
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available, and it will not be a condition precedent to the pursuit of any judicial remedy that any
grievance provided in this Agreement be first exhausted.
ARTICLE VII
SENIORITY, LAYOFF AND RECALL
Section 7.1, Definition of Seniority. Department seniority shall be based on the length of
time from the last date of beginning continuous full-time employment as a sworn employee in the
Village of Oak Brook Fire Department. Rank seniority shall be based on the length of time from
the last date of beginning continuous full-time employment as a sworn employee in the rank in
the Village of Oak Brook Fire Department. Conflicts of seniority shall be determined as follows:
(a) for department seniority, on the basis of the order of the employees on the Fire Police
Commission hiring list, with the employee higher on the list being the more senior; (b) for rank
seniority, on the basis of the order of the employees on the applicable promotional list, with the
employee higher on the list being the more senior.
Section 7.2, Seniority List. On or before January 1 each year,the Village will post a
seniority list setting forth each employee's departmental and rank seniority dates. In addition, the
Village shall send a copy of the list to the Union President. Unless and until the Village is
advised in writing of any alleged error in the list, the list shall be deemed binding upon both the
Union and all employees.
Section 7.3, Layoff The Village, in its discretion, shall determine whether layoffs are
necessary. If it is determined that layoffs are necessary,the Village shall layoff contract employees
prior to bargaining unit employees. In the event that bargaining unit employees are to be laid off,they
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will occur in reverse order of department seniority,with the least senior employee being the first laid off
first.
Section 7.4, Recall. Employees who are laid off shall be placed on a recall list for a
period of twenty-four(24) consecutive months from the layoff date. If there is a recall,
employees who are still on the recall list and who are qualified to perform the work shall be
recalled in the inverse order of their layoff. The Village shall incur the cost of Emergency
Medical Services continuing education and/or re-certification if required. No new bargaining
unit employee(s) shall be hired until all employees on layoff status desiring to return to work
have been offered recall.
Employees who are eligible for recall shall be given twenty-one (21) calendar days notice
of recall. Notice of recall shall be sent to the employee by certified or registered mail with a copy
to the Union, provided that the employee must notify the Fire Chief or his designee of his
intention to return to work within ten(10) calendar days after receiving the notice of recall, or
within ten(10) calendar days of the date of mailing if receipt is not acknowledged. The Village
shall be deemed to have fulfilled its obligations by mailing the recall notice, by certified mail,
return receipt requested,to the mailing address last provided by the employee, it being the
obligation and responsibility of the employee to provide the Fire Chief or his designee with his
latest mailing address. Absent extreme extenuating circumstances, if an employee fails to timely
respond to a recall notice, or return to work within thirty(30) calendar days after receipt of the
notice of recall by certified mail, return receipt requested, addressed to the last known address of
the employee as shown by the employer's records, or other actual notification, his name shall be
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removed from the recall list. It shall be the responsibility of each employee to keep the Village
informed of any change in his mailing address.
Section 7.5, Effects of Layoff. During the period of time that non-probationary
employees have recall rights as specified above,the following provisions shall be applicable to
any non-probationary employees who are laid off by the Village:
(a) An employee shall be paid at the employee's current hourly rate of pay for any
accrued vacation days, holidays, personal days, and comp time if any. Payout for
sick leave shall be in accordance with Section 9.1, of this Agreement.
(b) An employee shall have the right to maintain insurance coverage by paying in
advance the full applicable monthly premium for single and, if desired, family
coverage under COBRA without evidence of insurability(thereby assuring
coverage for any pre-existing condition). An employee may remain on an eligible
Village group plan and continue to pay the employee portion of the premium until
the end of the month in which the layoff occurred.
(c) If an employee is recalled, the amount of accumulated sick leave days that the
employee had as of the effective date of the layoff shall be restored, less any sick
days for which the employee received compensation pursuant to Section 7.5(a).
(d) Upon recall,the employee's seniority shall be adjusted by the length of the layoff
(e) An employee shall be given severance pay based on the Village Reduction in
Force Policy in place at the time of layoff
Section 7.6, Termination of Seniority. Seniority and the employment relationship shall
be terminated for all purposes, subject to confirmation by the Oak Brook Board of Fire and
Police Commissioners, if the employee:
(a) quits;
(b) is discharged and the separation is not reversed;
(c) retires (or is retired should the Village adopt and implement a legal mandatory
retirement age);
III
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(d) falsifies the reason for a leave of absence, and/or is found to be working during a
leave of absence without the written approval of the Village Manager, which
approval will not unreasonably be withheld;
(e) fails to report to work at the conclusion of an authorized leave or vacation unless
there are extenuating circumstances;
(f) is laid off and fails to notify the Fire Chief or his designee of his intention to
return to work within ten(10) calendar days after receiving notice of recall or fails
to return to work within two (2) working days after the established date for the
employee's return to work;
(g) is laid off for a period in excess of twenty-four(24)months;
(h) does not perform work for the Village for a period in excess of twelve (12)
months,provided, however,this provision shall not be applicable to absences due
to military service, established work related injury compensable under workers'
compensation, disability pension, or a layoff where the employee has recall rights;
or
(i) is absent for two (2) consecutive duty days without authorization unless there are
extenuating circumstances beyond the employee's control that prevent
notification.
Section 7.7,Notification of Layoff. No layoff will occur without at least
sixty (60) calendar days notification to the Union. The Village agrees to consult the
Union, upon request, and afford the Union an opportunity to propose alternatives to
the layoff',though such consultation shall not be used to delay the layoff.
Section 7.8, Probationary Period for Newly Hired Firefighters. The probationary period
for newly hired firefighters shall be in accordance with the Probationary Firefighters Act(65
ILCS 5/10-2.1-4). Unauthorized absence from duty for any reason shall not apply toward
satisfaction of the probationary period.
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ARTICLE VIII
HOURS OF WORK AND OVERTIME
Section 8.1, Application of the Article. This Article is intended to define the normal
hours of work and provide the basis for the calculation and payment of overtime and shall not be
construed as a guarantee of hours of work per day,per work cycle or per week, or guarantee of
days of work per week or per work cycle. It is the Village's intent that such changes will be
implemented based upon the valid and legitimate operational needs of the department.
Section 8.2,Normal Work Period. The normal work period shall be one (1) 24 hour shift
followed by 48 consecutive hours off. Shift schedules will normally begin at 0730 and end at
0730 the following day, unless changed by the Chief.
Section 8.3, FLSA Work Cycle. The FLSA work cycle for shift personnel shall be 28
days. During each 28 day FLSA work cycle that includes more than 224 hours of potential work
(based on one duty day on and two duty days off as provided in Section 8.2 above) an employee
must schedule one duty day off from his/her allotment of holidays,personal days or vacation
days specified below:
(1) Where an employee is regularly scheduled to work 223.5 hours in the relevant
work cycle and takes one or more days of vacation or holiday leave, the employee
is credited with 212 hours worked under this Section. In this scenario, all hours
worked outside the employee's regularly scheduled shift, within the work cycle,
will be compensated as overtime.
(2) Where an employee is regularly scheduled to work 232.5 hours in the relevant
work cycle and takes one or more days of vacation or holiday leave, the employee
is credited with 212 hours worked under this Section. As in the first scenario, all
hours worked outside the employee's regularly scheduled shift, within the work
cycle, will be compensated as overtime.
(3) If the employee in examples 1 or 2 takes one day of sick leave during the work
cycle,the vacation and/or holiday leave will all be counted as hours worked and
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the employee will be credited with 199.5 hours worked or 208.5 hours worked,
whichever the case may be.
Section 8.4, Annual 24-Hour Shift Assignments. The Village shall post annual shift
assignments no later than the preceding December 9, and shall give notice of new shift
assignments no later than the preceding December 1 to employees whose shift assignments will
be changed. Shift assignments shall be effective no earlier than January 3rd of the applicable year
to allow employees, who may so select, to use their first holiday selection January 1. When an
employee is transferred from one 24 hour shift to another,the employee shall be given a
minimum of 48 consecutive hours off work.
Section 8.5, Overtime Pay. Employees covered by this Agreement shall be paid one and
one-half times their regular straight-time hourly rate of pay for all hours worked or paid, except
sick leave, in excess of 212 in their 28-day FLSA work cycle as provided in Section 8.3, paid
leave shall not be counted as hours worked under this Section to the extent that doing so would
occasion the payment of overtime for hours worked by an employee within his/her regularly
scheduled shift. The regular straight-time hourly rate of pay for employees shall be calculated by
dividing the employee's annual base salary by 2,912.
In order to avoid the administrative burden of calculating an employee's paramedic
incentive into his overtime rate, each eligible employee shall receive an advance overtime
payment of$125 at the beginning of each calendar year. For new employees this amount shall be
pro-rated in six (6)month increments on January 1st and July 1St to cover the potential overtime
compensation due related to stipends under the FLSA.
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Time worked outside a bargaining unit member's normally scheduled shift to fill a
vacancy created by the absence of a Battalion Chief due to sick leave, assignment away from
the fire station(e.g., training, meetings, administrative duties) or use of freedom to vary hours
as an FLSA-exempt employee, will be compensated at one and six tenths (1.6) times the unit
members straight time hourly rate of pay (2912 hours per year basis) whether or not the unit
member has worked in excess of 212 hours in the current 28-day FLSA work cycle.
Similarly, time worked outside a bargaining unit member's normally scheduled shift in
order to fill a vacancy created by the absence of a contract paramedic will be compensated at
one and six tenths (1.6) times the unit members straight time hourly rate of pay (2912 hours
per year basis) whether or not the unit member has worked in excess of 212 hours in the
current 28-day FLSA work cycle.
Section 8.6, Cancellation of Overtime. The Village shall provide at least twenty-four
(24)hours' notice, if possible, for the cancellation of any scheduled overtime once the
Village learns of the need for such cancellation. Failure to provide such reasonable notice
shall result in the employee having first opportunity for the next applicable overtime
assignment.
Section 8.7, Eight Hour Shift Assignments. Employees working an(8) hour shift
assignment shall use benefit time at a ratio of 1.4 to 1, except that such ratio shall not apply to
compensatory time off.
Section 8.8, Shift Trading. Employees shall have the right to voluntarily exchange work
hours when the exchange does not interfere with the efficient operation of the Fire Department (for
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example,will not generate overtime; will not interfere with special training or adversely impact
department operations) and each person is qualified to fill each position. Trade requests between
employees shall not arbitrarily be denied.
Employees wishing to trade must complete a Trade Request Form. The form must be
signed by the participating employees and received by the appropriate shift commander for
consideration and processing no later than forty-eight(48) hours prior to the beginning of the
trade date requested, or within a lesser period of time with the shift commander's approval or in
the event the time off is taken to attend the funeral of a member of the employee's family as
defined in Section 9.3 of this Agreement. Once approved, trades cannot unreasonably be
cancelled. The employee signing the trade form to work a specific trade shall be held responsible
for working that time. With both employees fully acknowledging that such trades are voluntary
between employees and shall be paid back so that no FLSA liability for the Village is created.
Section 8.9, Compensatory Time. If an employee is scheduled to work beyond his
normally scheduled hours of work, compensatory time shall be granted in lieu of pay if the
employee so requests, and if the Shift Commander or his designee so agrees; otherwise, the
employee shall receive pay for all approved overtime hours worked. The amount of
compensatory time shall be calculated on the same basis as the employee would have been paid
for the hours in question(e.g. on a time and one-half basis). Compensatory time may be
accumulated to a maximum earned of 120 straight time hours in a calendar year, with a
maximum of 144 accrued straight time hours. Accumulated compensatory time shall be taken in
increments of at least eight(8) hours and scheduled at the mutual convenience of the employee
and the Fire Chief or his designee.
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When a compensatory time request creates overtime on a Village holiday or Easter Sunday,the
employee who volunteers to work said time shall be charged in the overtime book. If an
employee refuses to work the Village holiday or Easter Sunday overtime created by
compensatory time,that employee shall not be charged with a refusal in the overtime book. If no
one volunteers to work the Village holiday or Easter Sunday overtime created by compensatory
time, then the employee who requested the compensatory time shall be responsible for working
said time. When a compensatory time request creates overtime that does not fall on a Village
holiday or Easter Sunday,the rules for administration of overtime listed in Section 8.16 of this
Agreement shall apply.
The employee shall be paid for any accrued but unused compensatory time off in the
amount above 24 hours during the last week of the fiscal year in which the compensatory time off
was earned, unless directed by the Village Manager to carry over any accrued but unused
compensatory time off to the next calendar years. Any amount 24 hours or less will be
automatically carried over to the next calendar year, unless an employee notifies the Chief in
writing before December 1St or otherwise directed by the Village Manager.
Section 8.10, Call Back Pay. When an employee, at the request of the Village, works a
partial or full shift which he has not been scheduled to work after having left work or when he is
called back for emergency work, he shall be compensated at his applicable rate of pay for all
hours worked outside his normal shift, subject to the provisions of Section 8.5 (Overtime Pay),
with a guaranteed minimum of one (1) hour at time and one half of the employee's straight-time
hourly rate of pay unless the time extends into or from his regular shift in which case the
guaranteed minimum will not apply,nor shall the minimum apply where the employee is called
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back to rectify his own error or omission. Call backs may not be cancelled for purposes of
guaranteed minimum pay.
Section 8.11,No Pyramiding. Compensation shall not be paid or compensatory time taken
more than once for the same hours under any provisions of this Article or Agreement.
Section 8.12, Compensation for Training. At the discretion of the Fire Chief, which may
not be exercised arbitrarily, payment for non-mandatory job-related schools, conferences,
certification courses or training course registration fees and/or related expenses may be granted
from time to time. Such approved training which is designated by the Fire Chief as optional for
the employee's current position, may not be subject to compensation. All approved mandatory
training shall be subject to compensation consistent with Section 8.5, including the training as
stated in Section 12.3.
An employee's request to improve himself through training shall not be arbitrarily denied.
All non-mandatory job-related training shall be posted where the Chief reasonably believes such
training would be helpful to department members, thus allowing all personnel an opportunity to
apply. In cases where such posted training is limited to the number allowed to participate,then
the employee's department seniority shall have precedence where all other factors are equal.
Section 8.13, Paramedic Continuing Education. Required continuing education training
for the members of the Department assigned to the paramedic program shall take place during
regular duty hours whenever possible. Where required paramedic training activities are
scheduled at a time when an employee is not regularly scheduled to work, such training time
shall be subject to compensation consistent with Section 8.5. Additional continuing education
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training requested by an employee to improve his skills as a paramedic shall not arbitrarily be
denied.
Section 8.14, Changes in Normal Workday or Normal Work Cycle. Should it be
necessary in the Village's judgment to establish schedules (including the starting and ending
times for the normal work day) departing from the normal workday, the normal work week, or
the normal work cycle, or to change the shift schedule of an employee or employees for reasons
of training, special duty assignments or other legitimate reasons, the Village will give, absent
emergency circumstances, at least two (2) weeks advance notice of such change to all employees
affected by such change. Within said two (2) weeks the Village will meet with the Union, if
requested,to discuss any such change. Further, employees may be temporarily reassigned without
such notice or prior discussion to a different shift under emergency conditions as determined by
the Fire Chief or designee. These special assignments will be temporary in nature:
(a) No employee shall lose previously scheduled vacation during a time the employee
is assigned to a different shift.
(b) When an employee is transferred from one (1)24-hour shift to another,the employee
shall receive two (2) calendar days off, if practical, between different work
shifts without loss of pay.
(c) No employee's assignment shall commence on a holiday, if practical.
Section 8.15,Definition of Overtime Terms. All overtime will be covered under this
Agreement.
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Scheduled Overtime: Overtime shall be considered"scheduled overtime" if the need for
such overtime is known to the Shift Commander or designee twenty-four(24)hours or more prior to
the start of the scheduled overtime.
Mandatory Overtime: Mandatory overtime may be required when no employee can be
found to voluntarily accept an overtime assignment.Mandatory overtime assignments will be
assigned to the least senior, qualified, available, employee(s). An available employee shall be
defined as an employee who has not worked 48 consecutive duty hours immediately prior to or after
the mandatory overtime assignment, or the mandatory overtime assignment does not occur two days
before, or two days after the employee's scheduled shift day off. If an employee has worked a
mandatory overtime assignment within the last 14 days,the mandatory overtime will be assigned to
the next least senior, qualified, available, employee(s)until filled.
Non-Scheduled Shift Overtime:Non-scheduled shift overtime arises when an employee's
relief calls in prior to his or her shift,with less than 24 hours notice, indicating that the employee
will not be available for all or part of the shift. It will be the responsibility of the employee to be
relieved to work this overtime, or find a replacement who will work the shift.Non-scheduled shift
overtime that has been refused,when a replacement has been found shall not be counted on the
overtime list of the employee finding the replacement.
Section 8.16,Administration of Overtime.
Overtime Opportunity List: A current scheduled overtime opportunity list will be
maintained by rank by the Fire Chief or designee and administered by the designated Lieutenant. The
fire fighter and lieutenant overtime opportunity lists shall be posted on the station bulletin boards.
Overtime Shift Tracking: Each employee's overtime shifts worked or refused shall be
tallied and recorded in the overtime book by the designated lieutenant or his designee. The overtime
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book totals shall be used to determine which employee has the lowest overtime hours worked or
refused. That employee shall be given the opportunity to choose a scheduled overtime shift first. The
employee with the second lowest overtime hours worked or refused would be eligible to select a shift
next and so on through the list until all the vacancies are filled. The initial list for each rank to be
used in the overtime book will include all employees covered by this Agreement and such lists will
be based on the seniority order of the employees with the most senior listed first.
Employees who are unable to work the overtime due to scheduled days off, sick time,
workers comp. time,trades, or who cannot be reached after a reasonable effort, will not be charged
for refusing overtime hours. Employees returning from leaves in excess of twelve (12) shift days will
be recorded in the overtime book as having the average hours of the employees on their list. The Fire
Chief or his designee shall determine when a new employee is qualified and eligible for overtime
and shall notify the union.New employees will be recorded in the overtime book as having the same
number of hours as the employee with the highest total of hours at that time.
Overtime hours spent on special duty,training, shift hold-over, or call-back, shall not be
counted as accumulated hours in the overtime book.
In the event that two employees agree to split a scheduled overtime shift,with one
employee working part of the shift, and the other working the remainder, the employee who
works the majority of the shift shall be charged for the entire shift in the overtime book. If two
employees equally split an overtime shift, the employee who works the second half of the shift
shall be charged with the entire shift in the overtime book.
ARTICLE IX
LEAVES OF ABSENCE
Section 9.1, Sick Leave. Upon execution of this Agreement, an employee shall be
granted twelve (12)hours of sick leave for each full calendar month of employment that an
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employee is on the active payroll, provided that the number of sick leave hours shall not exceed
1,752 hours at any one time and employees shall not earn sick leave for any month that an
employee uses more than one duty day of sick leave in said month. A probationary employee
may request an advance up to 48 hours of sick leave (or 2 duty days) during their first year of
employment by the Village. If any employees employment with the Village terminates before
such time as the sick leave advanced under this Section has actually been accrued, then the
amount of non-accrued sick leave advanced under this paragraph shall be deducted from the
employee's final pay or shall otherwise be repaid by the probationary employee.
For the purpose of treating a medical illness or injury or caring for a medically ill or
injured family member it is the policy of the Village to provide sick leave benefits to allow an
employee time away from work specifically for the purpose of:
(a) Actual non-occupational illness.
(b) Non-duty injury of the employee.
(c) Medical or dental appointments which cannot reasonably be scheduled during
non-working time.
(d) Other preventive health measures which cannot reasonably be scheduled during
non-working time.
(e) Serious illness which requires the employee's presence for members of immediate
family as defined as follows:
(1) Spouse and Civil Unions,pursuant to Illinois Religious Freedom& Civil
Union Act, 750 ILCS 75/10.
(2) Son or daughter.
(3) Mother or father.
(4) Mother-in-law or father-in-law.
(5) Sister or brother.
(6) Sister-in-law or brother-in-law.
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(7) Grandparents or grandparents-in-law.
Sick leave may never be used just because it has been accrued.
An employee who is unable to perform the duties of his position due to a non-service
connected injury or illness may use accrued sick leave, accrued compensatory time, personal
time, accrued holiday time, and vacation time off
An employee may utilize up to two (2) duty days of sick leave for a serious illness of a
member of the immediate family, which shall be charged against any accrued sick leave as
provided above. A physician's statement is required if more than one (1) sick day is used due to
an illness of an immediate family member.
If an employee does not use any of his accrued sick leave in the course of a calendar year,
he shall accrue an additional twelve (12) hours of sick leave, which will be added to his sick
leave bank(up to the maximum) at the beginning of the following year.
Upon leaving the Village's employ for any reason other than involuntary dismissal, an
employee with twenty(20) or more years of service as a sworn firefighter shall be paid for
twenty-five percent(25%) of the number of accumulated but unused sick leave hours up to a
maximum of 1,752 at his/her regular straight time hourly rate of pay at time of leaving the
Village's employ. Example: An employee with twenty(20) or more years of service who has
1,000 accumulated but unused sick leave hours at time of leaving the Village's employ shall be
paid for 250 sick leave hours at his/her regular straight time hourly rate of pay in effect at time of
leaving the Village's employ.
Section 9.2, Sick Leave Requirements. In the event an employee is unable to work due to
illness or injury as provided above, the employee must notify the on-duty Shift Commander at
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least one (1)hour before the start of his scheduled shift, if reasonable under the circumstances.
The on-duty Shift Commander will gather the following information and document the
information provided by the employee on Unscheduled Absence Form:
1. Name
2. Assignment/shift
3. Personal or Family Use
4. Type of Absence
5. How long the employee expects to be off duty
6. Whether the employee called or will call a physician
7. The telephone number where the member can be reached
The failure to provide reasonable notification may result in the employee being off without pay.
A statement from a physician, preferably practicing in the State of Illinois if practical, or other
documentation may be required for any use of sick leave. If the employee requests to use sick
leave for a period of more than one (1) duty day, a statement from a physician shall be required
prior to returning to duty. Such statement shall describe the reason for the absence and, if
appropriate, an expected date for the return of the employee to work. If the statement is not
deemed reasonably satisfactory and not remedied within a reasonable time thereafter, the request
for sick leave may be denied and the time off may be without pay.
If reasonable under the circumstances, it is the responsibility of the employee using sick leave to
make arrangements, and/or make known to his Battalion Chief,the need to cancel or reschedule
any training or other commitments that are scheduled for the days the employee will be off.
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i
The Village retains the right to reasonably question sick leave usage. It is also agreed that
the Village retains the right to take reasonable corrective action to deal with unexcused excessive
sick leave usage. Sick leave is a conditional benefit for the purpose of providing financial
resources to employees who become unable to attend work due to personal or family-related
illnesses. Abuse of sick leave is subject to corrective and disciplinary action. If a formal
investigation determines that the employee abused sick leave and, as a result,the employee has
been overpaid, such overpayment shall be deducted from that employee's next pay.
Employees sent home by a supervisor who deems the employee too sick to be at work;
will not have it counted as non-scheduled absenteeism.
Section 9.3,
Bereavement Leave. In the event of the death of an immediate family member of an employee,
the employee shall be granted one (1) duty day off without loss of pay. Immediate family
member is defined as spouse or civil partner, son, daughter, Mother, Father, sister, brother,
mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents or grandparents-in-law
and grandchildren. One (1) additional bereavement day may be granted at the discretion of the
Fire Chief or his designee. This additional duty day would be deducted from the employees' sick
leave bank.
Section 9.4, Other Leaves of Absence. In addition to leaves of absence specified in this
Agreement, employees shall also be entitled to other leaves of absence granted to Village
employees. Such additional or other leaves of absence shall be granted in accordance with the
terms and conditions specified in the Village's personnel policies that are applicable to Village
employees generally.
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Section 9.5, Outside Employment. An employee shall not be eligible to use sick leave
for an illness or disability incurred in conjunction with outside employment that is covered by
Worker's Compensation. A leave of absence will not be granted to enable an employee to try for
or accept employment elsewhere or for self-employment. Any employee who engages in
employment elsewhere (including self-employment)while on any leave of absence as provided
above shall be subject to immediate termination.
Section 9.6, Family and Medical Leave Act. In order to be in compliance with the
Family and Medical Leave Act of 1993 ("FMLA") and any amendments, applicable rules, and
regulations, the parties agree that the Village may adopt policies to implement the Family and
Medical Leave Act of 1993 any amendments, that are in accord with what is legally permissible
under the Act and the applicable rules and regulations.
Section 9.7, Jury Duty Leave. Employees who are required to serve on a jury at a time
when they would otherwise be regularly scheduled to work shall be compensated at their regular
rate of pay for each such hour spent on jury duty, to the maximum number of hours the employee
would otherwise have been regularly scheduled to work excluding any overtime. In order to be
eligible to receive compensation for jury duty,the employee shall be required to provide prior
notice to the Fire Chief or his/her designee and the employee must endorse his jury duty check
payable to the Village.
Section 9.8, Extended Off-the-Job Injury or Illness. An employee who is unable to
perform the duties of his position due to a non-service connected injury or illness may use
accrued sick leave, accrued compensatory time, personal time, accrued holiday time, and
vacation time off
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Section 9.9, Discretionary Leave. The Fire Chief may,upon request, grant a
discretionary leave of absence without pay subject to conditions which are initially determined by
the Chief and thereafter agreed upon by the employee requesting the leave. The Chief shall
require the employee to make a written request setting forth the reason(s) for the leave.
Section 9.10, Maternity Leave. Maternity leave shall be granted and provided in
accordance with applicable State and/or Federal law and administered in the following manner:
As soon as medically reasonable, but no later than the beginning of the third trimester, a pregnant
firefighter must inform the Fire Chief of her condition. Once the employee requests less
strenuous duty(modified duty) and supplies a letter from her physician recommending modified
duty, the following procedure should be followed:
A. Maternity Leave Modified Duty:
1) The employee will convert from shift work to 40-hour work weeks. The
employee shall normally work five (5) eight (8) hour days, Monday through
Friday, excluding Holidays. For payroll purposes, recorded hours worked on
timesheet will be multiplied by a 1.4 conversion factor. (i.e., 8 hours worked =
11.2 hours worked and 8 hours vacation taken= 11.2 hours vacation taken).
2) If the employee is working a modified duty schedule and a Village observed
holiday passes on the calendar, the employee must take that day off and use time
from their holiday bank to do so, unless approved to work modified duty by the
Fire Chief or his designee. If no time is left in the employee's holiday bank, the
employee must use time from one of the other leave banks available.
3) Modified duty will be assigned by the Fire Chief or his designee.
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4) The employee will continue to be paid and accrue benefits as if still on their
normal shift.
5) Any hours needed off duty will be paid through accumulated paid time off banks
and deducted accordingly. (See Modified Duty# 1).
6) Benefits will continue in the same manner, with the same deductions in
accordance with the employee's full-time position.
B. Family Medical Leave:
1) The employee will apply for FMLA for the birth of a child at least thirty(30) days
before the leave is expected to begin, based on medical advise.
2) FMLA will go into effect the first day following the last day of modified duty
worked by the employee and for payroll purposes the employee will be converted
back to their normal shift work status.
Section 9.11, Paternity Leave. Paternity leave is the time a father takes off work for the
birth or adoption of a child. In order to provide time off for the birth or adoption of a child, an
employee will be granted one (1) additional duty day off out of the employees' sick leave bank.
After the first day(which is deducted from the employee's sick leave bank),this time off will be
counted as FMLA and will be deducted from the employee leave banks in the following order;
compensation time, scheduled paid leave (vacation, holiday,personal).
Section 9.12, Military Leave. Military leave shall be granted and provided in accordance
with applicable State and/or Federal law.
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ARTICLE X
VACATIONS
Section 10.1, Eligibility. The number of working days of vacation which an employee is
eligible to receive annually shall be based on the number of years of continuous service in a
position covered by this Agreement in accordance with the following schedule:
YEARS OF CONTINUOUS SERVICE NUMBER OF DUTY DAYS OF VACATION
PER YEAR
1 - 4 years 6
5 - 9 years 8
10— 19 years 10
20 years or more 13
Effective January 1, 2015,the number of working days of vacation which an employee is
eligible to receive annually shall be based on the number of years of continuous service in a
position covered by this Agreement in accordance with the following schedule:
YEARS OF CONTINUOUS SERVICE NUMBER OF DUTY DAYS OF VACATION
PER YEAR
1 - 4 years 6
5 - 9years 8
10- 14 years 10
15-19 years 11
20 years or more 13
Employees will be entitled to vacation leave in the calendar year following their date of
hire. The initial vacation period shall be prorated on the basis of one half duty day per month for
each full month worked in the year of hire. Thereafter,the amount of vacation shall be in
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I
accordance with the foregoing schedule. In the event an employee will complete an anniversary
year after January 1 that will entitle him to additional vacation time during that calendar year,
such additional time can be scheduled and taken prior to his anniversary date in that year.
Section 10.2, Vacation Eligibility. In order to accrue a fully earned vacation under
Section 10.1, an employee must be paid for at least 2,184 hours during the prior calendar year.
Employees who are paid for less than 2,184 hours during the prior calendar year shall receive a
pro-rated vacation benefit based on 2,912 hours.
Section 10.3, Vacation Pay. Vacation pay shall be paid at the rate of the employee's
regular straight-time hourly rate of pay in effect for the employee's regular job classification on
the payday immediately preceding the employee's vacation.
Section 10.4, Vacation Scheduling. Absent operational considerations which in the Fire
Chief's reasonable opinion justify changes,the vacation scheduling policy used for scheduling or
changing vacations (and holidays and personal days as provided elsewhere in this Agreement)
during the term of this Agreement shall be as follows:
Vacation days shall be scheduled as soon as reasonably possible following shift
assignments at the beginning of each year. Vacations will be selected by each employee,
including the Battalion Chief, on a seniority basis by rank per shift. Bargaining unit members
can select any day off for a vacation day, so long as no more than two (2) firefighters and/or
firefighter/paramedics or one (1) firefighter or firefighter/paramedic and one (1) lieutenant are off
on vacation, holiday or personal leave per any given shift. However, a third bargaining unit
member(but not a second lieutenant)may select a day off during the months of May, June, July
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i
and August, or on a Sunday, as long as a Battalion Chief has not previously selected such day off.
Vacation days shall be picked as described below:
(a) Round 1. The scheduling process begins with the most senior employee,
including the Battalion Chief, by rank on shift selecting any number of his
allowable vacation days in one pick, provided that the selection of more than 1
day shall be for consecutive shift days. Once he has made a selection,the process
proceeds to the next most senior bargaining unit member, and so on.
(b) Additional Rounds. In subsequent rounds, the selection process starts over with
the most senior employee, including the Battalion Chef, by rank with allowable
vacations days, and continues until all bargaining unit members select all of their
vacation days. After all vacation picks are selected, and all holiday and personal
day picks are selected, vacation days can be changed. Requests for changes in
vacation days will be submitted on an approved form, and approved by the officer
in charge at the time. Requests for changes in vacation days cannot be
unreasonably or arbitrarily denied.
Vacation days may not be taken in increments of less than one full duty day. No vacation
once scheduled may be changed for arbitrary or capricious reasons. After the initial opportunity
to change vacation time, employees wishing to move vacation, holiday, and/or personal time
must complete a Request Form. The form must be received by the appropriate shift commander
for consideration and processing no later than forty-eight(48)hours prior to the beginning of the
new date requested.
The Fire Chief may block out up to ten(10) shifts per year where only one bargaining
unit member may select vacation, but no more than four(4)total in the months of May, June,
July and August. The Fire Chief may also block-out unscheduled leave that may affect
departmental manning levels after all vacations, personal and holiday leave days are selected as
provided above.
Section 10.5, Limitation on Accumulation of Vacation. Unless written permission is
granted by the Village Manager due to extraordinary circumstances, all of the unused annual
vacation leave to which an employee is entitled shall expire at the end of that calendar year.
Unless the leave was unused because of the employee's fault, if the Village Manager denies
permission to carry over vacation,then the Village shall pay,the employee for the value of such
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unused days at the employee's regular straight time hourly rate of pay in the pay period next
following the end of the fiscal year.
ARTICLE XI
HOLIDAYS AND PERSONAL DAYS
Section 11.1, Holidays. The following shall be considered paid holidays:
New Years Day
Friday before Easter('/2 day)
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve ('/2 day)
In lieu of being granted time off on the holidays listed above, each employee shall be
credited with nine (9) duty days off each calendar year(pro rata in accordance with past practice
if employed less than one year). Holidays without loss of pay shall be scheduled in accordance
with the provisions of Section 8.3 and 10.4 and/or mutual convenience of the employee and the
Department.
Section 11.2, Personal Days. Each employee shall be credited with three(3) duty days as
personal days (five (5) duty days for those hired prior to December 1, 1980). Personal days
without loss of pay shall be scheduled in accordance with the provisions of Section 8.3 and 10.4
and/or mutual convenience of the employee and the Department.
Section 11.3, Holiday Overtime. If an employee works on a day designated as a holiday,
as stated above in Section 11.1, in addition to his/her normal straight time pay, the employee will
receive an additional one-half hours pay at his/her regular straight time hourly rate of pay for all
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hours worked on said holiday(i.e., hours worked on the designated holiday between 12:01 a.m.
and 12:00 midnight). Example: an employee that works eight(8)hours on the designated
holiday, shall receive an additional four(4) hours at his/her normal straight time hourly rate of
pay.
ARTICLE XII
SALARIES AND ECONOMIC BENEFITS
Section 12.1, Salaries. Increase the "Minimum" and"Maximum" levels of
the pay ranges, and increase the individual salaries of employees covered by this
Agreement, in amounts and at the times described below:
JANUARY 1, 2013: 2.5%
POSITION MINIMUM MAXIMUM
Firefighter $59,159 $79,864
Fire Lieutenant $70,053 $94,571
JANUARY 1,2014: 2.5%
POSITION MINIMUM MAXIMUM
Firefighter $60,638 $81,860
Fire Lieutenant $71,804 $96,935
JANUARY 1, 2015: 2.5%
POSITION MINIMUM MAXIMUM
Firefighter $62,154 $83,907
Fire Lieutenant $73,599 $99,358
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An employee promoted to the rank of Lieutenant shall receive a pay increase of five (5)
percent. In addition, an employee promoted to the rank of Lieutenant who has completed all
certified Fire Officer I courses prior to such promotion shall have his starting or initial pay rate
increased an additional five (5)percent. This provision for a five (5)percent payment shall not
be construed to adversely affect the Village's right to change the minimum requirements for the
position of Lieutenant.
Section 12.2, Twenty-Fifth Year Anniversary Wage Payment. On the first day of the
calendar year in which an employee will complete his or her twenty-fifth(25th)year of service
with the Village,the employee shall receive a two-thousand dollar($2,000) increase to his or her
annual base salary. This salary increase will be discontinued upon completion of the employee's
twenty-fifth(25th) year of service with the Village.
Section 12.3, Performance Increases. In addition to the automatic annual pay range
adjustments described in Section 12.1, employees shall receive performance evaluations.
Performance increases will be determined based upon the employee's performance as described
on the evaluation form and the recommendation of the Fire Chief, with review and approval by
the Village Manager, and as provided below:
Employees are evaluated at six (6)month intervals for the first two (2)years of
employment and shall receive one half(1/2) of the annual earned increase for the respective six
(6)month review. Thereafter, evaluations occur annually on the employee's anniversary date
until the maximum compensation for the pay grade in which the employee's position is classified
is reached. Promoted employees will be reviewed every six (6) months for one (1) year after
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their promotion and shall receive one half(1/2) of the annual earned increase for the respective
six(6)month review, not to exceed maximum compensation for their respective pay grade.
Thereafter, evaluations will occur annually on the employee's anniversary date until the
maximum compensation for that pay grade is reached. Once an employee has reached the
maximum compensation for the pay grade in which his position is classified,he shall be
evaluated annually on January 1St
Salary increases for performance shall be made using the evaluation form in place on
January 1, 2014 in accordance with the following schedule for the calendar years of 2013
through 2015. (January 1, 2013 to December 31, 2015):
Category: Percent Increase:
Needs Improvement 0.00%
Meets Standards 2.50%
Above Standards 3.00%
Excellent 3.50%
Any firefighter(s) that received an additional 10% increase to their base salary at time of
initial hire are not eligible for both the 10% increase and merit milestone increases. Employees
who reach their 3rd and/or 6th year on or after January 1, 2010 are eligible for a merit milestone
increase upon successful completion and certification of the merit milestone requirements. All
training required to obtain merit milestone certifications shall be considered mandatory and
subject to compensation consistent with Section 8.5. If training to obtain certification is no longer
offered, it shall be removed from the merit milestone certification requirement. If an employee
fails to complete or pass a course due to academic failure or poor attendance not related to sick
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leave, funeral leave, or fire department priorities, any repetition of the course will not be subject
to overtime compensation.
No earlier than three (3) years from date of hire, and upon successful completion and
certification of the following merit milestone, a firefighter will receive a 5% increase to his base
salary calculated after the merit increase (not to exceed the top firefighter pay for that year),
starting on the day following three (3) years and the successful completion and certification of
the following merit milestone:
• Firefighter II or equivalent
• Fire Apparatus Engineer
• Fire Service Vehicle Operator or National Association of Professional Drivers
• Hazardous Materials Awareness
• Technical Rescue Awareness
In the event of a firefighter completes his three (3) year milestone late (after three years have
elapsed), he will receive a 5% increase to his base salary calculated at the time of completion.
The new rate will be effective beginning with the next payroll period following completion of the
milestone.
No earlier than six (6) years from date of hire and upon successful completion and
certification of the following merit milestone, a firefighter will receive an additional 5% increase
to his base salary calculated after the merit increase (not to exceed the top firefighter pay for that
year), starting on the day following his sixth (6th) year and the successful completion and
certification of the following merit milestone:
• Vehicle and Machinery Operations
• Hazardous Materials Operations
• Rope Operations
• Required NIMS certifications
• Firefighter III or Advanced Firefighter Technician
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I
In the event of a Firefighter completes his six (6) year milestone late (after six years have
elapsed), he will receive a 5% increase to his base salary calculated at the time of completion.
The new rate will be effective beginning with the next payroll period following completion of the
milestone.
If an employee believes that the Village has acted arbitrarily, unreasonably or discriminatorily
with respect to a performance increase, then the employee may grieve the matter in accordance
with the grievance and arbitration procedure set forth in this Agreement.
Section 12.4, Longevity Pay. Effective January 1, 2008, employees with ten(10) or more
years of bargaining unit service as of January 1, 2008, and as of January 1 thereafter, will receive
annual longevity pay in accordance with the following schedule:
YEARS OF SERVICE LONGEVITY PAY AMOUNT
10 years but less than 15 years $400
15 years but less than 20 years $500
20 years or more $600
Section 12.5, Retroactivity. Employees covered by this Agreement who are still on the
active payroll as of the beginning of the next payroll period immediately following ratification of
this Agreement by both parties shall receive a retroactive payment which shall be based on the
difference between the salary they received between January 1, 2013, and the beginning of said
payroll period and the salary they would have received during the same period of time based on
the salary ranges set forth in this Agreement, provided that any employee who was promoted or
retired after January 1, 2013, but before this Agreement was ratified by both parties shall also be
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eligible to receive retroactive pay based on the hours worked between January 1, 2013 and the
date of promotion or retirement. Such retroactive pay shall be made on an hour for hour basis for
all hours paid(including all overtime hours) since January 1, 2013. Such retroactivity pay shall
be paid as soon as reasonably practicable following ratification of the Agreement by both parties,
but in no event later than sixty(60) days after ratification by the parties.
Section 12.6, Paramedic Incentive. Effective January 1, 2013, employees certified as
paramedics in the Good Samaritan system, or other system approved by the Fire Chief, shall
receive an increase in the annual paramedic incentive to 3.5% of maximum pay for a Firefighter
which is equal to $2,795.
Effective January 1, 2014, employees certified as paramedics in the Good Samaritan system, or
other system approved by the Fire Chief, shall receive an increase in the annual paramedic
incentive to 4.0% of maximum pay for a Firefighter, which is equal to $3,274. Effective January
1, 2015, employees certified as paramedics in the Good Samaritan system, or other system
approved by the Fire Chief, shall receive an increase in the annual paramedic incentive to 4.0%
of maximum pay for a Firefighter which is equal to $3,356.
Section 12.7, Tuition Reimbursement. Employees covered by this Agreement shall be
eligible to participate in any tuition reimbursement plan that the Village may have in effect on the
same terms and conditions that are applicable to Village employees generally.
Section 12.8, Educational Incentive. During the term of this Agreement, employees
hired prior to October 1, 1980, will be granted annual allotments in addition to base pay upon
satisfactory completion of probationary training periods and/or educational attainment. Curricula
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in Fire Science and other related fields are acceptable courses. Other curricula must be approved
by the Department Head and Village Manager. Allotments will be based on the following:
STEP SEMESTER HOURS QUARTERLY HOURS ANNUAL ALLOTMENT
I 30 45 $300
II 60 90 $600
III 90 135 $900
IV 120 180 $1,200
The Educational Recognition Plan is retroactive and applies to those Fire employees who
have accrued educational credit. The allotments are to be added to the Fire employees' existing
salary immediately upon satisfactory completion of the requisite number of course hours.
Transcripts must be provided indicating all grades are "C" or better.
The above provisions shall not be applicable to any person initially employed by the
Village subsequent to October 1, 1980.
Section 12.9, Pay for Working Out of Classification. After being assigned to work out
of classification performing the full and complete duties of fire lieutenant or Battalion Chief for
more than eight (8) consecutive hours, an employee will be paid five percent(5%) above his
regular hourly rate of pay for all such time worked out of classification for the years 2008 thru
2010. Beginning January 1, 2011, in lieu of a five percent(5%) above his regular hourly rate of
pay increase, an employee working out of class shall be compensated $2.25/hour above his
regular hourly rate of pay.
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Section 12.10, Retirement Bonus. During the term of this Agreement, employees hired
prior to March 1, 1982 shall, upon termination of employment in good standing, be awarded
retirement bonus pay based upon years of seniority in the Village service according to the
following requirements:
10-14 Years' Service 30 Calendar Days' Pay
15-19 Years' Service 45 Calendar Days' Pay
20 or More Years' Service 60 Calendar Days' Pay
Employees terminated for cause are not eligible for retirement bonus pay.
The above provisions shall not be applicable to any person initially employed by the
Village subsequent to March 1, 1982.
ARTICLE XIII
INSURANCE
1. Dental, Health, Life and Vision Insurance Coverage. The Village of Oak Brook's
dental, Health, life, and vision insurance plans in effect on July 1, 2013 (unless
changes are Federally mandated or agreed to), shall be continued; provided,
however, the Village retains the right to add new plans during the term of this
Agreement, change insurance carriers,third party administrators, or to insure as it
deems appropriate , including through a health insurance cooperative or
exchange, so long as the new coverage and new benefits are substantially
identical to those which were in effect on July 1, 2013, including the following:
A Section 125 Flex Plan that will enable employees to tax shelter the amount
they pay towards the cost of employee, employee plus one, or family coverage, as
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well as tax shelter amounts used to pay for qualified unreimbursed medical
expenses and qualified child care/dependent care expenses, only so long as the
program continues to be authorized by the Internal Revenue Service; and
2. The Village will continue to offer employees, under the same terms and
conditions that are offered to non-represented Village employees, the opportunity
to participate in the Village's Health Savings Account(HSA)program. The
Village will continue to offer this program only so long as the program is offered
to non-represented Village employees and/or HSA program continues to be
authorized by the Internal Revenue Service; and
3. As part of the Village's wellness benefit, the Village will continue to offer well
adult care (age 14 and up)with the PPO option, which includes 100%in network
coverage for annual physical exams including routine diagnostic tests and
mammograms,; 100%in network well child care (to age 14)which includes
physical exams, immunizations and routine diagnostic tests and well baby care at
100%prior to discharge from hospital. The High Deductible PPO adult well care
benefit (age 14 and up) includes one physical exam and one gynecological exam
per calendar year, paid at 100%. Well child care up (to age 14), 100% coverage
for physical exams, immunizations and routine diagnostic tests, including well
baby care at 100%prior to discharge from hospital. HMO wellness benefit
covered at 100%with a$20 office visit co-pay for each visit.
Employees may select single, employee plus one, or family coverage, during the
enrollment period established by the Village. Effective January 1, 2013, employees shall pay
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seventeen and one half(17.5)percent of the cost of dental insurance, if selected; and seventeen
and one half(17.5)percent of the cost of PPO health insurance, if selected; or choose to
participate in the same Village HMO or the same Village HD PPO health insurance plans being
offered to non-represented Village employees in which employees shall pay twelve and one half
(12.5)percent of the cost of HMO health insurance, if selected; or ten(10)percent of the cost of
HD PPO health insurance, if selected. If an employee chooses either the Village's HMO or HD
PPO health insurance options, an employee agrees to the same terms and conditions that are
offered to non-represented Village employees as of January 1, 2014, unless changes are federally
mandated, agreed to, or are noted within this Agreement.
Employees may select single, employee plus one, or family coverage, during the
enrollment period established by the Village. Effective January 1, 2014 each Employee shall pay
seventeen and one half(17.5) percent of the cost of dental insurance, if selected; and seventeen
and one half (17.5) percent of the cost of PPO health insurance, if selected; or choose to
participate in the same Village HMO or the same Village HD PPO health insurance plans being
offered to non-represented Village employees in which employees shall pay fifteen (15) percent
of the cost of HMO health insurance, if selected; or twelve and half(12.5)percent of the cost of
HD PPO health insurance, if selected. If an employee chooses either the Village's HMO or HD
PPO health insurance options, an employee agrees to the same terms and conditions that are
offered to non-represented Village employees as of July 1, 2013, unless noted within this
Agreement.
Employees may select single, employee plus one, or family coverage, during the
enrollment period established by the Village. Effective January 1, 2015 each Employee shall pay
twenty (20) percent of the cost of dental insurance, if selected; and twenty (20) percent of the
cost of PPO health insurance, if selected; or choose to participate in the same Village HMO or
the same Village HD PPO health insurance plans being offered to non-represented Village
employees in which employees shall pay seventeen and one half (17.5) percent of the cost of
HMO health insurance, if selected; or fifteen (15) percent of the cost of HD PPO health
insurance, if selected. If an employee chooses either the Village's HMO or HD PPO health
insurance options, an employee agrees to the same terms and conditions that are offered to non-
represented Village employees as of July 1, 2014, unless noted within this Agreement.
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01/01/2013- 12/31/2013
HMO HD PPO PPO
SINGLE 12.5%of total premium 10% of total premium 17.5%of total premium
No deductible $1,500 individual aggregate $350 individual deductible
$10 Generic; $25 Formulary; deductible;Prescription drugs $10 Generic; $25 Formulary;
$40 Non-formulary; 80% covered at 80%after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
SINGLE+ONE 12.5%of total premium 10%of total premium 17.5%of total premium
No deductible $3,000 single+1 aggregate $700 single+1 deductible
$10 Generic;$25 Formulary; deductible;Prescription drugs $10 Generic;$25 Formulary;
$40 Non-formulary; 80% covered at 80% after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
FAMILY 12.5%of total premium 10%of total premium 17.5%of total premium
No deductible $3,000 family aggregate $1,050 family deductible
$10 Generic; $25 Formulary; deductible; Prescription drugs $10 Generic;$25 Formulary;
$40 Non-formulary; 80% covered at 80% after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
01/01/2014- 12/31/2014
HMO HD PPO PPO
SINGLE 15%of total premium 12.5% of total premium 17.5%of total premium
No deductible $1,500 individual aggregate $350 individual deductible
$10 Generic; $30 Formulary; deductible;Prescription drugs $10 Generic;$25 Formulary;
$50 Non-formulary; 80% covered at 80% after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
SINGLE+ONE 15%of total premium 12.5%of total premium 17.5%of total premium
No deductible $3,000 single+ 1 aggregate $700 single+1 deductible
$10 Generic;$30 Formulary; deductible;Prescription drugs $10 Generic; $25 Formulary;
$50 Non-formulary;80% covered at 80%after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
FAMILY 15% of total premium 12.5%of total premium 17.5% of total premium
No deductible $3,000 family aggregate $1,050 family deductible
$10 Generic; $30 Formulary; deductible;Prescription drugs $10 Generic;$25 Formulary;
$50 Non-formulary;80% covered at 80%after deductible is $40 Non-formulary
Specialty Meds,up to$200/Rx satisfied.
with$1,000 annual max.
01/01/2015-12/31/2015
HMO HD PPO PPO
SINGLE 17.5%of total premium 15%of total premium 20%of total premium
No deductible $1,500 individual aggregate $500 individual deductible
$10 Generic; $40 Formulary; deductible;Prescription drugs $10 Generic; $40 Formulary;
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$75 Non-formulary; 80% covered at 80%after deductible is $75 Non-formulary; 80%
Specialty Meds,up to$200/Rx satisfied. Specialty Meds,up to$200/Rx
with$1 000 annual max. with$1,000 annual max.
SINGLE+ONE 17.5%of total premium 15%of total premium 20% of total premium
No deductible $3,000 single+ 1 aggregate $1,000 single+1 deductible
$10 Generic; $40 Formulary; deductible; Prescription drugs $10 Generic; $40 Formulary;
$75 Non-formulary; 80% covered at 80% after deductible is $75 Non-formulary; 80%
Specialty Meds,up to$200/Rx satisfied. Specialty Meds,up to$200/Rx
with$1 000 annual max. with$1,000 annual max.
FAMILY 17.5%of total premium 15% of total premium 20% of total premium
No deductible $3,000 family aggregate $1,500 family deductible
$10 Generic; $40 Formulary; deductible;Prescription drugs $10 Generic;$40 Formulary;
$75 Non-formulary; 80% covered at 80%after deductible is $75 Non-formulary; 80%
Specialty Meds,up to$200/Rx satisfied. Specialty Meds,up to$200/Rx
with$1,000 annual max. with$1,000 annual max.
Employees will continue to be eligible for a smoking cessation program under the same
terms and conditions that are offered to non-represented Village employees. The Village
will continue to offer a smoking cessation program only so long as it is offered to non-
represented Village employees.
The Village's hospitalization and health insurance program shall include the following
provisions:
4. Effective January 1, 2011 through December 31, 2014,the PPO deductible will
be $350 for employee only, $700 deductible for employee plus one coverage, and
$1,050 deductible for family coverage. Effective January 1, 2015, the PPO
deductible will be $500 for employee only, $1,000 deductible for employee plus
one coverage, and $1,500 deductible for family coverage.
5. A maximum lifetime amount per covered person for orthodontia of$3,000 until
December 31, 2014. Effective January 1, 2015, the maximum lifetime amount
per covered person for orthodontia of$2,000.
6. Effective January 1, 2011, through December 31, 2014 a prescription drug
benefit for the PPO and HMO plans with an employee co-pay of$10 for Generic
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drugs, $25 for Brand Formulary Drugs and $40 co-pay for Brand Non-Formulary
Drugs. Mail order Prescription Drug benefit-provides up to a 90-day supply of
maintenance drugs used on a continuous basis for two (2)times the retail co-
pays. Oral contraceptives are covered by mail order only. Prescription drugs are
covered at 80% after the deductible is satisfied with the HD PPO.
Effective January 1, 2015, a prescription drug benefit for the PPO and HMO
plans with an employee co-pay of $10 for Generic drugs, $40 for Brand
Formulary Drugs, $75 co-pay for Brand Non-Formulary Drugs, and 80% for
specialty medications with a maximum out of pocket of $200 per prescription,
maximum annual out of pocket of$1,000. Mail order Prescription Drug benefit
provides up to a 90-day supply of maintenance drugs used on a continuous basis
for two (2)times the retail co-pays. Oral contraceptives are covered by mail order
only. Prescription drugs are covered at 80% after the deductible is satisfied with
the HD PPO.
7. Effective January 1, 2013 through December 31, 2014, the PPO Co-Insurance rate
will be at 90% after deductible in-network and 70% after deductible out-of-network.
Effective January 1, 2015, the PPO Co-Insurance rate will be at 80% after deductible
in-network and 60%after deductible out-of-network.
8. Effective January 1, 2015 each employee shall pay fifty (50) percent of the cost of
Transitional Reinsurance Fee and the Village shall pay one hundred (100) percent of
the Insurance Industry Fee, as described in the Patient Protection and Affordable Care
Act(PPACA).
9. During the term of this Agreement the Village agrees to offer employees, under the same
terms and conditions that are offered to non-represented Village employees, the opportunity to
participate in the Village's vision insurance. The Village will continue to offer vision insurance
only so long as vision insurance is offered to non-represented Village employees.
Section 13.1, Cost Containment. The Village reserves the right to maintain or institute
cost containment measures relative to hospitalization and medical insurance coverage so long as
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the benefits and coverage are not reduced thereby except for failure to comply with reasonable
cost containment procedures. Such measures may include, but are not limited to, mandatory
second opinions for elective surgery,pre-admission and continuing admission review, managed
care,prohibition on weekend admissions except in emergency situations,bounty clause, and
mandatory out-patient elective surgery for designated surgical procedures.
Section 13.2, Terms of Policies to Govern. The interpretation by the insurance
company/third party administrator of the extent of coverage under the Village of Oak Brook's
dental, and/or health, and/or life and/or vision plans shall be governed by the terms and
conditions set forth in said plans. Any dispute concerning the correctness of the insurance
company's/third party administrator's interpretation of coverage under said plan and/or the
declination of benefits thereunder, in whole or in part, shall not be subject to the grievance
procedure set forth in this Agreement. Nothing herein shall be interpreted to waive any right
which any covered person may otherwise have to seek legal redress for denial of coverage and/or
benefits under said plan.
Section 13.3, Right to Maintain Coverage While on Unpaid Leave or on Layoff. Except
as provided in Section 9.10 or Section 9.11 or as required by applicable State or federal law, an
employee who is on an approved unpaid leave of absence or who is on layoff with recall rights
shall have the right to maintain insurance coverage by paying monthly in advance the full
applicable monthly premium for employee coverage and, if desired, for employee plus one or
family coverage.
Section 13.4, Term Life Insurance. Effective with the execution of this Agreement, each
employee covered by this Agreement shall have the term life insurance coverage at$100,000.
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The Village continues to retain the right to change carriers and/or self insure this benefit at any
time. Additionally, each employee's spouse and dependents are also eligible for voluntary life
insurance.
Section 13.5, Medical Insurance Committee. A Medical Insurance Committee composed
of two (2)persons designated by the Fire Chief, one of whom will be the Assistant Village
Manager, and two (2)bargaining unit employees designated by the principal officer of the Union,
one of whom will be the Union President, shall meet at such times as a majority of the
Committee may deem necessary, for the purpose of discussing matters relating to medical
insurance for the Oak Brook Fire Department. Such a meeting should be requested at least seven
(7) days in advance by either party by placing in writing a request to the other for a Medical
Insurance Committee meeting and expressly providing an agenda for the meeting. The party not
making the request for the meeting may request in writing within three (3) days thereafter
additional items for the agenda.
A majority of the Medical Insurance Committee may make written advisory
recommendations concerning medical insurance to the Fire Chief The Fire Chief or his/her
designee shall respond in writing to any such recommendations. Such response shall include
what action, if any,the Fire Chief intends to take in response to the recommendations.
If any Medical Insurance Committee meeting is scheduled during the working hours of
any employee who will be attending the meeting,the employee shall be released from duty to
attend the meeting without loss of pay.
Section 13.7,Retirement Health Savings Plan. During the term of this Agreement the
Village will continue to administer the Retirement Health Savings Plan("RHS Plan")provided
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by the International City Management Association Retirement Corporation("ICMA-RC")
available to its employees. The bargaining unit members shall continue to contribute funds at
the rates established by their respective seniority groups. It is agreed to and understood that by
administering an RHS Plan the Village shall not incur any costs or liability.
ARTICLE XIV
MANAGEMENT RIGHTS
The Village has and will continue to retain all powers, rights, authority, duties and
responsibilities heretofore conferred upon and vested in it by the Statutes and Constitutions of the
State of Illinois and the United States and the ordinances of the Village of Oak Brook and any
modifications made thereto, provided that such Village ordinances do not conflict with the
provisions of this agreement.
Except as amended, changed or modified by this Agreement or operation of State law,the
Village shall have the sole right, responsibility and prerogative to manage the affairs of the
Village and direction of the work force, including, but not limited to the following: to plan,
direct, control and determine all the operations and services of the Village; to supervise and
direct the working forces; to establish the qualifications for employment and to employ
employees; to schedule and assign work; to establish work and productivity standards and, from
time to time, to change those standards;to determine the methods, means, organization and
number of personnel by which such operations and services shall be made or delivered; to make,
alter and equitably enforce reasonable rules,regulations, orders and policies; to objectively
evaluate employees; to discipline, suspend and discharge employees for just cause (probationary
employees without just cause); to change or eliminate existing methods, equipment or facilities;
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and to carry out the mission of the Village provided, however, that the exercise of any of the
above rights shall not conflict with any of the provisions of this Agreement.
ARTICLE XV
DRUG AND ALCOHOL TESTING
Section 15.1, General Policy Regarding Drugs and Alcohol. The use of illegal drugs and
the abuse of legal drugs and alcohol by members of the Fire Department present unacceptable
risks to the safety and well-being of other employees and the public, invite accidents and injuries,
and reduce productivity. In addition, such conduct violates the reasonable expectations of the
public that the employees who serve and protect them obey the law and be fit and free from the
effects of drug and alcohol abuse.
In the interest of employing persons who are fit and capable of performing their jobs, and
for the safety and well-being of employees and residents,the Village of Oak Brook and the
Union agree to establish a program that will allow the Village to take the necessary steps,
including drug and/or alcohol testing,to implement a general policy regarding drugs and alcohol.
Section 15.2, Definitions.
(a) "Drugs" shall mean any controlled substance listed in the Controlled Substances
Act, 720 ILCS 570/101 et seq., for which the person tested does not submit a valid
pre-dated prescription. In addition, it includes"designer drugs"which may not be
listed in the Controlled Substances Act but which have adverse effects on
perception,judgment, memory and coordination. Among the drugs covered by
this policy are the following:
Opium Methaqualone Psilocybin-psilocin
Morphine Tranquilizers MDA
Codeine Cocaine PCP
Heroin Amphetamines Chloral Hydrate
Meperidine Phenmetrazine Methylphenidate
Marijuana LSD Hash
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Barbiturates Mescaline Hash Oil
Glutethimide Steroids
(b) The term"drug abuse"includes the use of any controlled substance which has not
been legally prescribed and/or dispensed, or the abuse of a legally prescribed drug
which results in impairment while on duty.
(c) "Impairment" due to drugs or alcohol shall mean a condition in which the
employee's ability to properly perform his duties due to the effects of drugs or
alcohol in his body is diminished. When an employee tests positive for drugs or
alcohol, above the accepted laboratory threshold values, and the alcohol threshold
listed in Section 15.5 (f), impairment is presumed.
Section 15.3, Requirements. Bargaining unit members shall:
(a) Be prohibited from consuming or possessing alcohol or illegal drugs at any time
during the work day, unless pursuant to official assignment.
(b) Be prohibited from using, selling,purchasing or delivering any illegal drug at any
time unless pursuant to official assignment.
(c) Be prohibited from being impaired due to the use of alcohol, legal drugs or
proscribed drugs during the course of the work day.
(d) Report to their supervisor any known adverse side effects of medication or
prescription drugs which they are taking.
(e) Report the use, possession or sale of illegal drugs by other members of the
Department to the employee.
Violations of these requirements will result in disciplinary action up to and including
discharge.
Section 15.4, The Administration of Tests.
(a) Informing Employees Regarding Drug Testing
All current employees will be given a copy of these Drug and Alcohol Testing provisions
upon execution of the agreement between the parties. All newly hired employees will be
provided with a copy at the start of their employment.
(b) Pre-Employment Screening
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Nothing in this policy shall limit or prohibit the Village from requiring applicants for
bargaining unit positions to submit to blood and/or urine specimens to be screened for the
presence of drugs and/or alcohol prior to employment.
(c) When a Test May Be Compelled
There shall be no random, across-the-board, or routine drug testing of employees, except
as part of treatment following a voluntary request for assistance as provided in Section 15.8 or as
stated in the sentences which follows. Up to two (2) sets of random drug tests may be
administered annually for the bargaining unit(no more than six persons per set). However, no
individual shall be randomly tested more than once annually, even if randomly selected. The
random selection testing process shall be unbiased, and certified as performed by the
organization then selected to administer the CDL testing for the Village. Where there is
reasonable suspicion to believe that an employee is either impaired due to being under the
influence of drugs or alcohol while on duty or has violated the prohibitions specified in Section
15.3 that employee may also be required to report for drug/alcohol testing. At the time the
employee is ordered to submit to testing, the Village shall notify the Union Representative on
duty and if none is on duty,the Village shall make a reasonable effort to contact an off duty
Union Representative. Refusal of any employee to comply with the order for a drug/alcohol
screening will be considered as a refusal of a direct order and will be cause for disciplinary action
up to and including discharge.
It is understood that drug and alcohol tests may be required at least under the following
conditions:
(1) When an employee has been arrested or indicted for conduct involving
illegal drug related activity on or off duty;
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(2) When an employee is involved in an on-the-job injury causing reasonable
suspicion of illegal drug use or alcohol abuse;
(3) When an employee is involved in an on-duty accident involving a
reportable injury to a bargaining unit member or another party or damage
to fire department equipment or to another party of at least$1,000;
(4) When an employee commits a serious rules violation in connection with a
work assignment;
(5) Where an employee has experienced excessive absenteeism or tardiness
under circumstances giving rise to a suspicion of off-duty drug or alcohol
abuse.
The above examples do not provide an exclusive list of circumstances which may give
rise to testing. In addition, other circumstances may give rise to testing provided they conform to
the reasonable suspicion standard. The reasonable suspicion standard for this purpose exists if
the facts and circumstances warrant a rational inference that a person is either impaired by
alcohol or controlled substances or has violated the requirements contained in Section 15.3.
Reasonable suspicion will be based upon the following:
(1) Observable phenomena, such as direct observation of use and/or the
physical symptoms of impairment by use of alcohol or use of controlled
substances;
(2) Information provided by an identifiable third party which is independently
corroborated, or is from a source which is credible based on providing
previous corroborated tips or information.
(d) Order to Submit to Testing
At the time an employee is ordered to submit to testing authorized by this Agreement,the
Village shall provide the employee with the reasons for the order. A written notice setting forth
objective facts which formed the basis of the order to test will be provided in a reasonable time
period following the order. The employee shall be permitted to consult with a representative of
the Union at the time the order is given, provided that such a representative is available within a
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30-minute time period and the consultation is concluded within 45 minutes from the time the
order is given. A refusal to submit to such testing may subject the employee to discipline, but the
employee's taking of the test shall not be construed as a waiver of any objection or rights that
he/she may have. When testing is ordered,the employee will be removed from duty and placed
on leave with pay pending the receipt of results.
Section 15.5, Conduct of Tests. The Village may use breathalyzer tests for alcohol
testing. In conducting the testing authorized by this Agreement(other than by use of a
breathalyzer, with respect to which only item h.,below, shall apply)the Village shall:
(a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the
Illinois Clinical Laboratory Act that has been accredited by the National Institute
on Drug Abuse (NIDA).
(b) Use of tamper proof containers, have a chain-of-custody procedure, maintain
confidentiality, and preserve specimens for a minimum of twelve (12) months.
(c) Collect a sufficient sample of the same bodily fluid or material from a bargaining
unit member to allow for initial screening, a confirmatory test and a sufficient
amount to be set aside reserved for later testing if requested by the employee.
(d) Confirm any sample that tests positive in the initial screening of drugs by testing
the second portion of the same sample by gas chromatography, plus mass
spectrometry or an equivalent or better scientifically accurate and accepted
method that provides quantitative data about the detected drug or drug
metabolites.
(e) Provide the employee tested with an opportunity to have the additional sample
tested by a clinical laboratory or hospital facility of the employee's own choosing,
at the employee's own expense, provided the employee notifies the Assistant
Village Manager in writing within seventy-two (72)hours of receiving the results
of the tests of the employee's desire to utilize another laboratory or hospital
facility.
(f) Require that with regard to alcohol testing, for the purpose of determining whether
the employee is under the influence of alcohol, test results that show an alcohol
concentration of.04 or more based upon the grams of alcohol per 100 milliliters
of blood be considered conclusively positive.
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(g) Provide each employee tested with a copy of all information and reports received
by the Village in connection with the testing and the results.
(h) Insure that no employee is subject to any adverse employment action except
temporary reassignment with pay or relief from duty with pay during the pendency
of any testing procedure. Any such reassignment or relief from duty shall be
immediately discontinued in the event of a negative test result, and all records of
the testing procedure will be expunged from the employee's personnel files.
(i) Require that the laboratory or hospital facility report to the Village that a blood or
urine sample is positive only if both the initial and confirmatory test are positive
for a particular drug. The parties agree that should any information concerning
such testing or the results thereof be obtained by the Village inconsistent with the
understanding expressed herein,the Village shall not use such information in any
manner or forum adverse to the employee's interests.
(j) Engage the services of a medical expert experienced in drug testing to design an
appropriate questionnaire to be filled out by an employee being tested to provide
information of food or medicine or other substance eaten or taken by or
administered to the employee which may affect the test results and to interview
the employee in the event of positive test results to determine if there is any
innocent explanation for the positive testing. If the medical expert believes that
the initial test results are meaningfully flawed, the employee may be reassigned or
relieved of duty with pay and benefits until a second test is administered and the
results become known.
Section 15.6, Cutoff Levels. The initial test cutoff levels shall be in accordance with the
cutoff levels applicable at the time the test is administered as established by the Department of
Health and Human Services. All specimens identified as positive on the initial screening test
shall be confirmed using GC/MS techniques (or scientifically equivalent or better techniques) at
the cutoff levels in accordance with the then applicable cutoff levels established by the
Department of Health and Human Services.
Section 15.7, Right to Contest. The Union and/or the employee, with or without the
Union, shall have the right to file a grievance concerning any testing permitted by this
Agreement.
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Section 15.8, Voluntary Requests for Assistance. The Village shall make available a
means by which the employee may obtain referrals and treatment. Such requests for assistance
with drug and/or alcohol problems shall be held strictly confidential by the Village and no one in
the Village shall be informed of any such request or any treatment that may be given unless the
employee consents to the release of any such information, except that the Village Manager, Fire
Chief and shift commanders may be informed of the request for assistance when necessary to
accommodate scheduling needs or when deemed necessary by the professional providing the
assistance. Except as provided in the last paragraph of this Section, the Village shall take no
disciplinary action against an employee who voluntarily seeks treatment, counseling or other
support for an alcohol or drug related problem.
While undergoing voluntary treatment or evaluation, employees shall be allowed to use
accumulative sick and/or paid leave and/or be placed on unpaid leave pending treatment. Such
leave shall not exceed twelve (12) calendar weeks. While undergoing treatment,the employee
shall comply with and implement all conditions and recommendations of the program counselor
or treatment team.
The provisions of this Section shall not be applicable when the request for assistance
follows the order to submit to testing or follows a finding that the employee is using illegal
drug(s) or is under the influence of drug(s) or alcohol.
Section 15.9, Confidentiality of Test Results. The results of drug and alcohol tests will
be disclosed to the Fire Chief, Village Manager, and such other officials on a strict"need-to-
know"basis. In addition, if requested, the person tested and/or the designated representative of
the Union shall be provided the results of drug and alcohol tests.
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Unless required by court order or as evidence presented by the Village in disciplinary
proceedings involving the bargaining unit member who has been tested,test results will not be
disclosed externally except where the person tested consents. Any employee whose drug/alcohol
screen is confirmed positive shall have an opportunity at the appropriate stage of the disciplinary
process to refute said results.
Section 15.10, Discipline for Positive Test. Employees who test positive as defined
herein for drug(s) or alcohol are subject to disciplinary action up to and including discharge.
Such disciplinary action shall be subject to applicable appeal process.
ARTICLE XVI
GENERAL PROVISIONS
Section 16.1, Rules and Regulations. All members of the bargaining unit and Fire
Department employees shall comply with all Village policies and all of the department rules,
regulations, and Standard Operating Guidelines (SOG's). The employer may, from time to time,
change, modify, alter or enact reasonable, rules and regulations for the purpose of managing the
operation of the department, including SOGs, rules and regulations pertaining but not limited to
probationary period, secondary employment, uniforms and protective clothing, safety
inspections, working conditions, shift exchanges, residency and duty injury positions. Such rules
and regulations or changes shall be subject to challenge under the grievance procedure, and may
be reversed if shown to be arbitrary, capricious or discriminatory in a manner which would
violate State or federal law.
Such rules and regulations shall not seek to interfere with the Union's authority to bargain
as provided in the Illinois Public Labor Relations Act and under this Agreement(as, for example,
a rule that would eliminate the Union's majority status). This contract recognizes the general
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intent of departmental rules and regulations to provide a stable work atmosphere. No specific
provision of this Agreement may be superseded by any new or changed rule or policy.
Section 16.2, Gender of Words. The masculine gender as used herein shall be deemed to
include the feminine gender, unless the feminine gender is clearly inappropriate in the context of
the provision(s) concerned.
Section 16.3, Fitness Examinations. If there is any question concerning an employee's
fitness for duty,the Village may require, at its expense, that the employee have an examination
by a qualified and licensed medical professional(s) selected by the Village. If it is determined
that the employee is unable to perform his/her job, the Village shall allow a second medical
examination by a physician selected by the employee and paid for by the employee if not
otherwise covered by insurance. If the medical opinions are in disagreement,the Village shall
allow a third medical examination by a physician selected by the first two physicians, and the
decision of the third physician shall be controlling so long as based on relevant job criteria which
may be challenged under the grievance procedure. Costs of the third physician not covered by
insurance shall be equally divided between the Village and the employee.
Section 16.4,No Solicitation. The Union agrees that its officers and business
representatives will not solicit, and will not authorize, request or encourage members of the
bargaining unit to solicit, orally or in writing, merchants, businesses, residents or citizens located
within the Village of Oak Brook for contributions or donations for the Union treasury or to
purchase advertising in any Union publication, without the prior written approval of the Village
Manager.
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Section 16.5, Mileage Reimbursement. Employees shall be reimbursed at the applicable
IRS reimbursement rate per mile for approved use of their personal vehicle for Village business.
Section 16.6, Discipline. The Village embraces the concept of progressive discipline, and
acknowledges that its purpose is corrective. The parties mutually agree, however,that certain
offenses are sufficiently serious so as to justify such disciplinary actions as, for example, written
warning, suspension or termination for the first offense. Disciplinary actions shall be subject to
the grievance procedure and/or to proceedings before the Oak Brook Board of Fire and Police
Commissioners (BOFPC) in accordance with the following subsections.
Any notation of an oral reprimand shall not be relied upon for progressive discipline if,
from the date of the last oral reprimand, eighteen(18) months have passed without the employee
receiving additional discipline. Similarly, any written reprimand shall not be relied upon for
progressive discipline if, from the date of the last written reprimand thirty-six (36)months have
passed without the employee receiving additional discipline. Any suspension, one (1) duty day or
less, shall not be relied upon for progressive discipline if, from the date of the last suspension
seventy-two (72) months have passed without the employee receiving additional discipline. It is
the employee's responsibility to request in writing to HR that an oral reprimand, written
reprimand, or suspension be removed from his personnel file after the time periods listed above
have elapsed. In order to defend against possible charges and/or federal compliance, any
discipline removed from an employee's personnel file may be retained by the Village in the
Village's legal files. An employee may file a written reply to any disciplinary action in his
personnel file.
Subsection 16.6.1. Oral and Written Reprimands. Disciplinary grievances
involving oral and written reprimands may be processed through the grievance procedure through
and including Step 3, but shall not be subject to arbitration. If the Village, however, seeks to use
a prior written reprimand for the imposition of more severe discipline in a subsequent
disciplinary action, and the written reprimand was originally grieved through and including Step
3, the merits of the prior written reprimand may be raised by the Union in arbitration of the
subsequent disciplinary action.
Subsection 16.6.2. Suspensions and Discharge. If the Village initiates
disciplinary action involving the suspension or the discharge of a bargaining unit member, the
following procedure shall apply:
A. If the suspension is for a period not to exceed twenty-four(24)
working hours, the suspension may be imposed by the Fire Chief in
accordance with his statutory authority under 65 ILCS 5/10-2.1-17. If
the suspended employee desires to contest the suspension, he may do
so by filing an appeal to the BOFPC within the time provided by
BOFPC rules and regulations or by filing a grievance within the time
provided by Article V of this Agreement. If the disciplinary action is
appealed to the BOFPC, all proceedings thereafter, including any
appeal from a decision of the BOFPC, shall be in accordance with
applicable statutory provisions, including 65 ILCS 5/10-2.1-17 and
735 ILCS 5/3-101, et seq., and BOFPC rules and regulations. If the
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employee elects to file a grievance as to a suspension one (1) duty day
or less, the grievance shall be processed in accordance with Article V
of this Agreement, except that it shall be filed at Step 3 of the
procedure.
B. If the disciplinary action is proposed to be a suspension in excess
of twenty-four(24) working hours or discharge,the following
procedure shall apply:
1. The Village shall prepare written disciplinary charges as if the
charges were to be filed with the BOFPC pursuant to statute,with a
proposed disciplinary action, and shall serve the charges upon the
employee and the Union.
2. Within fourteen(14) calendar days of receipt of the charges,the
employee must elect the forum for the hearing on the proposed
disciplinary action, such forum being either the filing of a
grievance as provided by this Agreement or the filing of the written
disciplinary charges with the BOFPC in accordance with BOFPC
rules and regulations. Such election is final and binding. Failure
to make an election within fourteen(14) calendar days of receipt of
the charges shall constitute a decision to accept the proposed
discipline and to waive any right to challenge the discipline
through either the grievance and arbitration procedure or the
BOFPC disciplinary procedure. The fourteen(14) day timeframe
may be extended if mutually agreed to by both parties.
3. If the election is to allow the filing of charges with the BOFPC,
then all proceedings thereafter that relate to the disciplinary action
shall be in accordance with BOFPC rules and regulations and
applicable statutory provisions relating to the hearing and appeal of
BOFPC disciplinary proceedings, with no recourse to the grievance
and arbitration procedure of this Agreement.
4. If the election is to file a grievance pursuant to this Agreement,
then the Union and the Village agree that the Village Manager
and/or the Fire Chief are empowered by this Agreement to impose
the proposed disciplinary action and that such imposition is subject
to the exclusive remedy of the grievance and arbitration provisions
contained in Article V of this Agreement, with no recourse to the
BOFPC.
5. If the employee elects to file a grievance as to a suspension greater
than one (1) duty day or dismissal,the grievance shall be processed
in accordance with Article V of this Agreement, except that it shall
be filed at Step 3 of the procedure.
Subsection 16.6.3. Nothing in this Section 16.6 shall be deemed to interfere with
the right of the Village to place a firefighter on administrative leave with pay pending an
investigation to determine if disciplinary action is warranted or pending a determination as to
whether the firefighter is physically or psychologically fit for duty.
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Subsection 16.6.4. Finality of Decision and Judicial Review. An arbitrator's
decision with respect to a disciplinary suspension or discharge, if rendered in accordance with the
terms of this Agreement, shall be final and binding on the employee, the Union, and the Village,
subject only to an appeal in accordance with the provisions of the Uniform Arbitration Act, as
provided by Section 8 of IPLRA, 5 ILCS 315/8. A decision of the BOFPC with respect to a
disciplinary suspension or discharge, if rendered in accordance with applicable law and this
Agreement, shall be final and binding on the employee, the Union, and the Village, subject only
to an appeal in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101, et
seq.
Subsection 16.6.5. Exclusivity of Disciplinary Procedures. This Agreement is
intended to modify or supersede any and all hearing rights and procedures afforded to employees
as to disciplinary action provided by 65 ILCS 5/10-2.1-17. Pursuant to Section 15 of IPLRA, 5
ILCS 315/15,the provisions of this Section 16.6 shall be in lieu of and shall expressly modify,
supersede or pre-empt, any contrary provision that might otherwise be applicable under 65 ILCS
5/10-2.1-17.
Subsection 16.6.6. Disciplinary Procedure Savings Clause. Should any provision
of this Section 16.6 be found by a court of law or the Illinois Labor Relations Board to be
unlawful, unenforceable, or not in accordance with applicable constitutional provisions, laws,
statutes and/or regulations of the United States of America and/or the State of Illinois,the rights
and procedures afforded to employees with respect to disciplinary action shall be those provided
by 65 ILCS 5/10-2.1-17 until or unless a different provision is instituted pursuant to good faith
negotiations conducted pursuant to law and this Agreement.
Section 16.7, Access to Personnel File. Upon reasonable request and in
accord with the Personnel Records Review Act, an employee shall have the right to
review the non-confidential documents (excluding documents such as
psychological exams and references concerning the employee's initial hiring) in his
personnel file, provided that no documents in an employee's file shall be marked or
altered. Any documents claimed to be confidential must be generically identified
in writing to the employee at the time employee reviews his personnel file. An
employee may request that a copy of any of the non-confidential documents in his
personnel file be copied. If such a request is made,the employee may be requested
to reimburse the Village for the reasonable cost of copying any such documents
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(not to exceed the charges the Village assesses for Freedom of Information Act
requests). Nothing herein shall require the Village to collate or compile any
information.
Section 16.8, Safety and Unsafe Conditions. Employees who reasonably and justifiably
believe that their safety and health are in danger due to an alleged unsafe working condition or
equipment not inherent with their customary duties, shall immediately inform their supervisor
who shall have the responsibility to determine what action, if any, should be taken, including
whether or not the job and/or the unsafe condition should be discontinued.
Section 16.9, Pension Pick-Up. The salaries listed in Article XII, Section 1 include the
Village's pickup and payment to the Illinois Fire Fighter's Pension Fund on behalf of each
employee covered by this Agreement. In determining the amount picked up and paid by the
Village,the employee's salary shall include compensation deemed to be "salary" as defined by
40 ILCS 5/4— 118.1.
Section 16.10, Replacement of Personal Items. The Village will replace at reasonable
cost employee's personal items (that are necessary to perform the employee's job)that are
damaged while the employee is performing actual fire suppression functions, Emergency Medical
Services, or training, where the damage was caused by no fault of the employee.
Section 16.11, Prescription Lenses. The Village shall continue to provide the initial cost
of frames for specialized equipment such as self-contained breathing apparatus (S.C.B.A.) for
those firefighters who require prescription lenses for regular use.
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The cost of prescription lenses shall be the responsibility of the employee. Damaged
lenses and frames will be replaced according to the"Replacement of Personal Items" section of
this contract.
Section 16.12, Inoculations. The Village shall administer or provide, at Village expense,
a Hepatitis B Virus (HBV) inoculation series to all employees. The Village shall also provide
such required verification tests of successful inoculations to any employee who receives the
inoculation series, and any subsequent boosters that may be necessary. As inoculations become
available (as approved by the FDA) for additional strains of Hepatitis, Human Immune
Deficiency Virus (HIV),related or Acquired Immune Deficiency Syndrome (AIDS) antibody
positive conditions, such inoculations(to the extent not covered by insurance) at Village expense
shall be provided to the employees on a voluntary basis.
Section 16.13, Paramedic Decertification. Any member from the bargaining unit who
has completed at least twenty(20)years of service with the Village as a paramedic, may request
to decertify as a paramedic as long as it will not adversely affect the Department. Any such
decertification request shall not arbitrarily be denied. In the event that more than more than one
bargaining unit member requests decertification,the bargaining unit member with the greater
department paramedic seniority shall be given priority. The Fire Chief may establish and require
a minimum number of paramedics, and a minimum level of first aid/medical training for all
bargaining unit employees, which minimum numbers and levels may be changed by the Chief
from time to time as circumstances warrant so long as the Chief does not act arbitrarily when
making such change(s).
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Section 16.14, Subcontracting. The parties recognize that the Village may have a need to
utilize contract personnel for fire suppression and emergency medical work, and that the Union
has a need to preserve the jobs of bargaining unit members and the integrity of its bargaining
unit. In order to reconcile these differing interests,the parties agree as follows:
(a) The Village may subcontract or contract out for fire suppression and emergency
medical work, within the restrictions stated in paragraphs b and c below.
(b) The Village may not subcontract or contract out work performed by bargaining
unit members where the effect is to displace an existing bargaining unit member;
and
(c) The Village may not subcontract or contract out work performed by bargaining
unit members when the number of bargaining unit members is less than twenty-
eight(28). Should the number of bargaining unit members fall below 28 the
Village may continue to subcontract or contract out work up to 90 days in order to
allow the Village the time necessary to fill the vacancy. Any deficiency the
Village determines to fill shall be filled by employees from the eligibility roster(s)
established by the Board of Fire and Police Commissioners.
Section 16.15, Meetings for Bargaining Unit Members. Bargaining unit members shall
be allowed to meet quarterly within the fire stations, subject to the performance of emergency
work duties, for the purpose of discussing Union business, so long as the meetings do not
interfere with the operation of the Fire Department. Such meetings may be held between 7:00
p.m. and 10:00 p.m., or as otherwise mutually agreed between the Union and the Chief
Section 16.16, Deferred Compensation Plan. Employees covered by this Agreement
shall have the same opportunity to participate on a payroll deduction basis in any deferred
compensation plan that may be available to Village employees generally.
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Section 16.17, Killed in the Line of Duty. The Village agrees to comply with all Federal
and State requirements relating to funeral expenses, medical insurance of individuals or spouse,
or other killed in the line of duty benefits.
Section 16.18, Employee Reimbursement of Employer Training Costs.Effective with
execution of this Agreement, if an employee leaves the employment of the Village during his/her
first four(4)years of employment, except for reason of death or disability or if the employee is
terminated by the Village,the Village may require such employee reimburse the Village for all
costs incurred by the Village for paid off-site training received by the employee during his/her
employment with the Village, including but not limited to the costs associated with obtaining or
maintaining certification as a firefighter and/or paramedic, but excluding the firefighters and/or
paramedics salary, in accord with the following formula:
Leaves within first year of employment 100%
Leaves within second year of employment 80%
Leaves within third year of employment 60%
Leaves within fourth year of employment 40%
Employees hired by the Village after the effective date of this Agreement will be advised
of the requirements of this training reimbursement Article by the Village before they receive
training, which may be subject to such reimbursement.
ARTICLE XVII
PROMOTIONS
Section 17.1, General. Except where expressly modified by the terms of this Article, the
procedures for promotions shall be made in accordance with the Illinois Fire Promotion Act
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(Public At 93-0411; herein after the IFDPA), 50 ILCS 742 and any amendments. Promotions to
the rank of Lieutenant and Battalion Chief shall be governed by the requirements of the IFDPA
and any amendments.
Section 17.2,Vacancies. This Article applies to promotion to vacancies in the rank of
Lieutenant and Battalion Chief A vacancy in such position(s) shall be deemed to occur on the
date upon which the position is vacated and on that same date, a vacancy shall occur in all ranks
inferior to that rank, provided that the position or positions continue to be funded and authorized
by the corporate authorities. If a vacated position is not filled due to a lack of funding or
authorization and is subsequently reinstated, the final promotion list shall be continued in effect
until all positions vacated have been filled or for a period of up to five (5)years beginning from
the date on which the position was vacated. In such event, the candidate or candidates who
would have otherwise been promoted when the vacancy originally occurred shall be promoted.
Section 17.3,Eligibility. All promotions to the rank of Lieutenant and Battalion Chief
shall be made from employees in the next lower rank:
a) For candidates challenging Lieutenant Examinations, the following criteria shall
apply:
1. Candidates shall have been employed as a firefighter by the Village of Oak Brook
for a period of not less than four(4)years as of the date of the written
examination, completed a probationary period and sworn as a non-probationary
firefighter prior to the application deadline of the testing process; and
2. Candidates shall be certified as Firefighter III by the Office of the Illinois State
Fire Marshall (OSFM)prior to the application deadline of the testing process.
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b) For candidates challenging the Battalion Chief examination in 2004 and in
subsequent years,the following criteria shall apply:
1. Candidates shall be sworn as a Lieutenant with the Oak Brook Fire Department
prior to the application deadline of the testing process; and
2. Candidates shall be certified as Fire Officer I (provisional certification is NOT
acceptable)by the OSFM prior to the application deadline of the testing process.
Section 17.4,Weight of Factors. All examinations shall be impartial and shall relate to
those matters which will test the candidate's ability to discharge the duties of the position to be
filled. The placement of candidates on promotional lists shall be based on the points achieved by
each candidate on promotion examinations consisting of the following four(4) components,
weighted as specified:
a) Written Examination 50%
b) Ascertained Merit 20%
c) Subjective Evaluation 20%
d) Seniority 10%
Each component of the promotional test shall be scored on a scale of 100 points. The
component scores shall then be reduced by the weighting factor assigned to the component on the
test and the scores of all components shall be added to produce a total score based on a scale of
100 points.
Candidates shall be ranked on the preliminary promotional list in rank order based on the
highest to the lowest points scored on all of the components of the test.
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Section 17.5,Factors. The components for scoring shall consist of the following items in
order as listed and described below. Scores for each component shall be prominently posted
prior to the scoring of subsequent components.
1. Assignment of Seniority Points as earned
2. Assignment of Ascertained Merit Points as earned
3. Subjective Evaluation
4. Written Examination
5. Veterans Points
1) Seniority:
a) Seniority points for Lieutenant Examinations shall be based only upon service
with the Oak Brook Fire Department and shall be pro-rated based on one (1)point
per full year of seniority up to a maximum of ten(10)points as of the date of the
written examination.
b) Seniority points for the Battalion Chief Examinations shall be based only upon
service with the Oak Brook Fire Department and shall be pro-rated based on one
half(.5)point per year of departmental seniority to a maximum of five (5)points,
combined with one (1)point per year seniority as a lieutenant to a maximum of
five (5)points. The total seniority points awarded shall not exceed ten(10)points
and are calculated as of the date of the written examination.
2) Ascertained Merit:
a) Ascertained merit points for Lieutenant Examinations shall be awarded for
education, training and certification, and skills related to the fire service as set
forth below:
Education:
Associate's Degree in Fire Science or EMS 15
Bachelor's Degree in unrelated field 20
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Bachelor's Degree in Fire Science, EMS, Public 30
Administration or Public Safety Administration
30 Max
Certification:
OSFM Fire Officer I (provisional certification acceptable) 20
OSFM Fire Officer II (provisional certification acceptable) 30
30 Max
Fire Service Skills (as determined by Fire Department Management)
Supervisory Skills 5
Communication Skills 5
Management Skills 5
Leadership Skills 5
Interpersonal Skills 5
Organizational Skills 5
Problem Solving Skills 5
Conflict Resolution Skills 5
40 Max
Maximum Total 100
This total score shall then be reduced by the weighting factor of.20.
b) Ascertained merit points for Battalion Chief Examinations shall be awarded for
education,training&certification, and skills related to the fire service as set forth
below:
Education:
Associate's Degree in Fire Science or EMS 15
Bachelor's Degree in unrelated field 20
Bachelor's Degree in Fire Science, EMS, Public 30
Administration or Public Safety Administration
30 Max
Certification:
OSFM Fire Officer II (provisional certification acceptable) 30
30 Max
Fire Service Skills (as determined by Fire Department Management)
Supervisory Skills 5
Communication Skills 5
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Management Skills 5
Leadership Skills 5
Interpersonal Skills 5
Organizational Skills 5
Problem Solving Skills 5
Conflict Resolution Skills 5
40 Max
Maximum Total 100
This total score shall then be reduced by the weighting factor of.20.
3) Subjective Evaluation: The subjective evaluation may include an oral interview,
tactical evaluation, situational evaluation, or other relevant components, as
determined appropriate by the Fire Chief. A competent agency may be contracted to
conduct the subjective evaluation. The selected agency shall consist of a minimum of
three (3) fire officers that are certified assessors from the roster established by the
Office of the State Fire Marshall to conduct the subjective evaluation. The subjective
evaluation shall be scored on a scale of 100 points. The score shall then be reduced
by the weighting factor of.20.
4) Written Examination: The written examination shall be administered in accordance
with the procedures set forth below:
a) Written examination shall focus on the rank for which the test is being
conducted and will contain rank appropriate questions. The examinations shall be
in a format suitable to current fire service standards. The examination shall be
scored on a scale of 100 points. The score shall then be reduced by the weighting
factor of.50.
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b) Written examination shall be graded at the examination site on the day of
the examination immediately upon completion of the test or offsite by a bona fide
testing agency. Every examinee shall have the right(i)to obtain his or her score
on the examination on the day of the examination or upon the day of its return
from the testing agency (or the appointing authority shall require the testing
agency to mail the individual scores to any address submitted by the candidates on
the day of the examination); and (ii)to review the answers to the examination that
the examiners consider correct. The appointing authority may hold a review
session after the examination for the purpose of gathering feedback on the
examination from the candidates.
c) Sample written examinations may be examined by the appointing authority
and members of the department, but no person in the department or the appointed
authority(including the Chief, Civil Service Commissioners, Board of Fire and
Police Commissioners, Board of Fire Commissioners, or Fire Protection District
Board of Trustees and other appointed or elected officials) may see or examine the
specific questions on the actual written examination before the examination is
administered. If a sample examination is used, actual test questions shall not be
included. It is a violation of this Article and IFDPA for any member of the
department or the appointed authority to obtain or divulge foreknowledge of the
contents of the written examination before it is administered.
d) The Fire Department shall post and maintain reading and study materials
for its current written examination and make these materials available and
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accessible at each duty station at least 90 days prior to the date of written
examination.
5) Veteran's Points: A candidate on the preliminary promotion list who is eligible for
veteran's points under 65 ILCS 5/10-1.16 may file a written application within ten
(10) days after the initial posting of the preliminary promotion list. If requested,the
veteran's points shall be added to the candidate's total score on the preliminary
promotion list. The Village shall then make adjustments to the rank order on the
preliminary promotion list based on any veteran's points that have been awarded. The
final promotion list shall then be posted on the bulletin board at each fire station
listing in rank order by name, from highest to lowest,the scores of all candidates.
Any candidate who wishes to withdraw from the promotional process at any point before
the completion of all the components of the examination process shall do so by advising the Fire
Chief in writing.
Section 17.6, Order of Selection. Whenever a promotional rank is created or becomes
vacant, as provided in Section 17.2 of this Article XVII, due to resignation, discharge,promotion,
death, or the granting of a disability or retirement pension, or any other cause,the appointing
authority shall appoint to that position the person with the highest ranking on the final promotion
list for that rank, except that the appointing authority shall have the right to pass over that person
and appoint the next highest ranked person on the list if the appointing authority has reason to
conclude that the highest ranking person has demonstrated substantial shortcomings in work
performance or has engaged in misconduct affecting the person's ability to perform the duties of
the promoted rank since the posting of the promotion list. If the highest ranking person is passed
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i
over, the appointing authority shall document its reason for its decision to select the next highest
ranking person on the list. Unless the reasons for passing over the highest ranking person are not
remedial, no person who is the highest ranking person on the list at the time of the vacancy shall
be passed over more than once. Any dispute as to the selection of the first or second highest-
ranking person shall be subject to resolution in accordance with the grievance procedure in
ARTICLE V of this agreement.
Any candidate may refuse a promotion once without losing his or her position on the
final adjusted promotion list. Any candidate who refuses promotion a second time shall be
removed from the final adjusted promotion list, provided that such action shall not prejudice a
person's opportunities to participate in future promotion examinations.
Section 17.7, Duration. A final promotion list shall be effective for a period of three
(3)years from the date of its posting. The Village shall ensure the Board of Fire and Police
Commissioners maintains in effect current eligibility lists so that promotion vacancies are filled
not later than 180 days after the occurrence of the vacancy. If there is no final adjusted
promotion list in effect for that position on the date, or if all persons on the current final adjusted
promotion list for that position refuse the promotion,the affected department shall not make a
permanent promotion until a new final adjusted promotion list has been prepared in accordance
with this Act,but may make a temporary appointment to fill the vacancy. Temporary
appointments shall not exceed 180 days.
Section 17.8, Monitoring. The union reserves the right to appoint up to two (2)
monitor(s)to observe the promotional process in accordance to Section 25 of the IFDPA. If the
union chooses to exercise this right,the Village shall be notified no less than 14 days prior to
when the monitor(s) will be used.
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Section 17.9,Right to Review. Pursuant to Article V of the parties' collective
bargaining agreement,the Union or any affected employee who believes an error has been made
with respect to the administration of any test component or any procedure provided under this
Article, shall have a right to review of the matter, subject to the following conditions:
a) The grievance shall be limited to disputes relating to a claim that the Village failed
to follow the requirements of this Article in administering the test. Only such
objective grievances shall be allowed under the parties' grievance procedure,
contained in Article V.
b) The grievance shall not involve any claims relating to disputes over the level of
the ratings or points awarded by an evaluator as to any component of the test,
other than the accuracy of the computations of the points awarded.
c) In the event of grievance disputes arising under the terms of this Article,the
parties adopt the definitions set forth in Section 5 of the IFDPA to facilitate
resolution of any conflicts.
ARTICLE XVIII
ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement between the parties. This
Agreement supersedes and cancels all prior practices and agreements,whether written or oral,
which conflict with the terms of this 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 matter not removed by the IPLRA from
the area of collective bargaining. The understandings and agreements reached by the parties after
the exercise of that right and opportunity are set forth in this Agreement.
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The Village and the Union for the life of this Agreement agree that neither shall be
obligated to engage in decisional bargaining with respect to any subject or matter referred to, or
covered in this Agreement, or with respect to any subject or matter not specifically referred to or
covered in this Agreement, even though such subject or matter may not have been within the
knowledge and contemplation of either or both of the parties at the time they negotiated or signed
this Agreement.
The employer may make reasonable changes in existing rules during the term of the
contract, but when such actions affect conditions of employment that constitute a mandatory
subject of bargaining which is not covered by the terms of the parties' agreement,the following
procedure shall apply:
(a) The Union shall have the right to notify the Village within twenty-one (21)
calendar days of the date it knew or reasonably should have known of such action,
that it desires impact or effects bargaining. The parties agree to begin such
negotiations within ten (10) calendar days of such notice and continue to bargain
in good faith for a period of not less than thirty(30) calendar days. The parties
agree the Village shall have the right to temporarily implement the change
pending the outcome of such impact or effects bargaining.
(b) If no agreement is reached,the Union shall have the right to refer the dispute over
impact or effects bargaining to arbitration, utilizing the procedures set forth in
Section 315/14 of the Illinois Public Labor Relations Act.
ARTICLE XIX
SAVINGS CLAUSE
In the event any Article, section or portion of this Agreement should be held invalid and
unenforceable by any federal or state board, agency or court of competent jurisdiction or by
reason of any existing or subsequently enacted federal or state legislation, such federal or state
decision or legislation shall apply only to the specific Article, section or portion thereof
specifically specified in the federal or state board, agency or court decision or legislation and the
remaining parts or portions of this Agreement shall remain in full force and effect.
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1VIElVfORANDITIVI OF AGREEMENT
ENT
The Village of Oak Brook("the Village") and.International Association of Fire Fighters,
Local 4646 ("the Union"),hereby enter into the following side letter agreements,to be effective
fi9.
June 04-;',014 and to expire by their terms on December 31,2.015:
1. The Village and the Union agree to work together to revise the current
Compensatory Time Usage Policy,with the mutually agreed-upon objective of placing the
revised Policy into effect on or before August 1,2014 unless both parties agree to a date
extension.
2. The Village agrees to issue a one-time only$500 health insurance off-set payment
during January of 2015 (minus applicable taxes and normal deductions)to Union
members who are employed and actively working for the Village at any time during the
period of January 1,2015 through the date of issuance of the of set payment.
VILLAGE OF OAK BROOK INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS,LOCAL 4646
l % .,
By
By=` � 2 •
Dated: J Dated: /
- I
This Agreement executed this;3 day of June, 2014.
IAFF Local Union#4646: Village I Oak Brook,Illinois: I
By:
B ---y I
Title: 1►. �,. �i ./
Title: c i— Ac".) �1 �. -/
Dated: Ca f ZZ�11� Dat: i� il
r J
is
•
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