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S-1657 - 08/09/2022 - FIRE DEPARTMENT - Ordinances Supporting Documents SETTLEMENT AGREEMENT This Settlement Agreement("Agreement") is made and entered into by the Associated Fire Fighters of Oak Brook, IAFF Local 4646 ("IAFF" or"Union") and the Village of Oak Brook("Village"). The Village and Union shall jointly be referred to as "parties." WHEREAS, IAFF is the certified collective bargaining representative for a bargaining unit of Village firefighters and lieutenants; WHEREAS, the Village and IAFF are parties to a collective bargaining agreement ("CBA") dated January 1, 2019, through December 31, 2022; WHEREAS, on May 10, 2021, a Battalion Chief retired and the Village subsequently voted to defund the third Battalion Chief position; WHEREAS, the Union filed a grievance (Grievance Number 21-1) and a demand to bargain regarding the elimination of the Battalion Chief position; WHEREAS, the parties wish to avoid further litigation and expense in these matters. NOW THEREFORE, the parties agree to the following terms, which are supported by sufficient and valuable consideration: 1. The Village agrees upon approval of this Settlement Agreement by both parties, the Village will direct the Board of Fire and Police Commissioners to promote a Lieutenant to the rank of Battalion Chief. As a result of the Lieutenant vacancy created by the promotion of a Battalion Chief, in accordance with Section 17.6 of the CBA,the Village will further direct the Board to promote a Firefighter to the rank of lieutenant. The parties agree these promotions shall be prospective only and that, except as provided in Paragraphs 2 and 3 below, no employee shall be entitled to receive any backpay resulting from the promotions, rank differential pay, acting pay, or any other pay and benefits on a retroactive basis. However, solely for the purposes of time in rank,the promotions to lieutenant and battalion chief shall be deemed effective November 6, 2021. 2. Lt. Pavlovic's salary upon promotion to the rank of Battalion Chief shall be $131,893.89. This is based on the equivalent of a 9%raise effective January 25 plus a 6-month merit raise of 1.50%on June 25. Pavlovic shall receive a one-time, lump sum payment of$1,522.60. His merit raise date for future merit raises (if any) shall be based on January 25, 2022, as the date of his promotion. Pavlovic's sick leave bank will be increased to 1,836 hours of accrued sick leave, and he will also be credited with one additional personal day, as per the Village's personnel manual for non-union employees. The parties understand that addressing the wages and benefits of the Battalion Chief in this Agreement is solely for the purpose of resolving the grievance and related litigation, and does not by any means confer upon the Union any rights to bargain on behalf of the Battalion Chiefs. {00723754.DOCX v.1} 1 +I 1 i 3. Pursuant to Section 12.1 of the collective bargaining agreement, upon her promotion, Firefighter Ruska will receive a 10.0% increase in her base salary because she has completed all certified Fire Officer I courses. Her new base salary shall be $110,786.60, with no retroactive pay. Pursuant to Section 12.3, Firefighter Ruska will be eligible to receive a 6- month increase on January 25, 2023. 4. This Agreement shall be considered non-precedential except as set forth in this Agreement. This Agreement will not be cited, offered, or relied upon in any way in connection with any matter, against any party or non-party, except in order to enforce the terms of this Agreement. 5. The parties agree that this Agreement does not constitute, is not intended to be, and shall not be construed, interpreted, or treated in any respect as an admission of any liability or wrongdoing by the Village or IAFF. 6. The parties agree that this Agreement resolves all matters between the Union and Village in connection with the above-referenced dispute, as well as any corresponding or potential litigation. The Union agrees to withdraw the Unfair Labor Practice Charge filed on or about May 26,2022, regarding promotions and the alleged repudiation of a prior agreement, and the grievance regarding promotions. The Union and Village agree not to initiate any other claims against each other regarding this matter. The parties agree that each party is responsible for bearing its own costs, fees, and attorneys' fees. BY: VILLAGE OF OAK BROOK ASSOCIATED FIRE FIGHTERS OF OAK BROOK,IAFF LOCAL 4646 Signa re Signature President, IAFF Local 4646 Title Title 11-*-r i 1 , Za L z August 4, 2022 Date Date 100723754.DOCX v.1} 2