Contract

2004-2007

PREAMBLE *

ARTICLE I
RECOGNITION *

ARTICLE II
NON-DISCRIMINATION *

A. Prohibition Against Discrimination *

B. Grievance of Alleged Violation *

C. Gender *

ARTICLE III
NO STRIKE *

A. No Strike *

B. No Lockout *

C. Penalty *

D. Judicial Restraint *

ARTICLE IV
MANAGEMENT RIGHTS *

A. The Village’s Management Right *

B. The Union’s Rights *

C. Access to Premises *

D. Time-off for Union Activity *

1. Meeting Attendance *

2. Duty Relief *

E. Union Use of Bulletin Board *

ARTICLE V
GRIEVANCE PROCEDURE *

A. Definition *

B. Procedure *

Step 1 *

Step 2 *

C. Arbitration *

D. Limitations on Authority of Arbitrator *

E. Time Limit for Filing *

ARTICLE VI
EMPLOYMENT & DISCIPLINE *

A. Hiring and Discipline *

B. Mutual Exclusivity of Procedures *

C. Rules and Regulations *

D. Residency *

E. Discipline/Investigations *

F. Access to Personnel File *

G. Jury/Witness Leave *

H. Contracting-Out *

I. Paramedic Certification & Decertification *

J. Promotions to Fire Engineer *

K. Promotion to Lieutenant *

L. Outside Employment *

ARTICLE VII
WAGES & BENEFITS *

A. Salaries *

B. Fringe Benefits *

1. Holidays *

2. “Kelly” Days *

3. Vacation Schedule *

4. Uniform Allowance *

5. Bereavement Leave *

6. Health Insurance *

7. Dental Insurance *

8. Health and Dental Insurance Committee *

9. Optical Insurance *

10. Continuance of Health Insurance *

11. Right to Maintain Coverage While on Unpaid Leave or on Layoff *

12. Health Insurance – Retirees *

13. Life Insurance *

14. Sick Leave *

15. Physical Exam *

16. Immunizations *

17. Counseling *

18. Family and Medical Leave *

19. Pre-Retirement Benefit *

C. Fire Inspectors *

ARTICLE VIII
HOURS OF WORK AND OVERTIME *

A. Hours of Work *

B. Normal Work Cycle *

C. Duty Exchange *

D. House and Routine Duties *

E. Recall *

F. Overtime Distribution *

G. Holdover/Draft *

1. Draft *

2. Holdover *

H. Overtime Rate *

I. Definition of Seniority *

J. Transfer of Shift *

K. Physical Fitness Program *

ARTICLE IX
SAFETY *

ARTICLE X
TUITION REIMBURSEMENT *

A. Fire Science Degrees *

B. Continued/Mandatory Education *

C. Optional Courses *

D. Posting of Classes and Seminars *

ARTICLE XI
FAIR SHARE *

ARTICLE XII
MAINTENANCE OF ECONOMIC BENEFITS *

ARTICLE XIII
LEGALITY CLAUSES *

A. Savings *

B. Ordinances *

C. Commission Cards *

D. Procedural Committee *

E. Preservation Of Statutory Workers Compensation Benefits *

F. Layoff/Recall *

ARTICLE XIV
DURATION *

A. Term of Agreement *

B. Continuing Effect *

C. Entire Agreement *

APPENDIX A
WAGES *

APPENDIX A
FIRE DEPARTMENT WAGE SCHEDULE *

APPENDIX B *

APPENDIX C
DRUG AND ALCOHOL TESTING *

APPENDIX D *

AGREEMENT

Between

THE VILLAGE OF BEDFORD PARK

And

IAFF LOCAL 3571

REPRESENTING FIREFIGHTERS AND ENGINEERS

2004-2007

PREAMBLE

It is the purpose of this Agreement to achieve and maintain harmonious relations between the Village and the Bedford Park Firefighters, to establish proper standards of wages, hours, and other terms and conditions of employment, and to provide for equitable and peaceful adjustments of differences over the interpretation and application of this Agreement and to promote intradepartment efficiency and effectiveness.

ARTICLE I
RECOGNITION

Pursuant to the Certification of Representative issued February 28, 1996 by the Illinois State Labor Relations Board (ISLRB) and in accordance with the Illinois Public Labor Relations Act (“IPLRA”), the Village of Bedford Park (“Village” or “Employer”) hereby recognizes the International Association of Fire Fighters (IAFF) Local 3571 as the sole and exclusive collective bargaining representative of sworn firefighters and engineers, excluding all ranks above fire fighter and engineer, and excluding supervisory, confidential and managerial employees and all other employees of the Village.

ARTICLE II
NON-DISCRIMINATION

A. Prohibition Against Discrimination

In the application and implementation of the terms of this Agreement, the Employer and the Union agree that neither will discriminate against any employee on the basis of race, sex, creed, religion, color, sexual preference, marital (including parental) status, age, national origin, activities in the Union nor mental and/or physical disability unrelated to the employee’s ability to perform the job.

B. Grievance of Alleged Violation

Grievances alleging discrimination based on activities in the Union in violation of Section A of this Article may be processed through the arbitration step of the grievance procedure. Statutory remedies are available for all other forms of discrimination. Therefore, the Union and Employer agree that all claims of discrimination under Section A based on factors other than Union activities may be processed only through Step 2 of the grievance procedure.

C. Gender

The use of the masculine pronoun in this or any other document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well.

ARTICLE III
NO STRIKE

A. No Strike

Neither the Union nor any officers, agents or employees will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sit-down, concerted stoppage of work concerted refusal to perform overtime, concerted, abnormal and unapproved enforcement procedures or polices or work to the rule situation, mass resignations, mass absenteeism, or any other intentional interruption or disruption of the operations of the Village, regardless of the reason for so doing. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village. Each employee who holds the position of officer or steward of the Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with provisions of this Article. In addition, in the event of a violation of this Section of this Article, the Union agrees to inform its members of their obligations under this Agreement and to direct them to return to work.

B. No Lockout

The Village will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union.

C. Penalty

The only matter which may be made the subject of a grievance concerning disciplinary action imposed for an alleged violation of section A above is whether or not the employee actually engaged in such prohibited conduct or whether or not such conduct was prohibited. The failure to confer a penalty in any instance is neither a waiver of such right in any other instance nor a precedent.

D. Judicial Restraint

Nothing contained herein shall preclude the Village or the Union from obtaining judicial restraint and damages in the event the other party violates this Article.

ARTICLE IV
MANAGEMENT RIGHTS

A. The Village’s Management Right

The Employer has and will continue to retain the right to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Employer shall include, but not be limited to, rights:

1. to determine the organization and operations of the Fire Department;

2. to determine and change the purpose, composition and function of each of its constituent departments, and subdivisions;

3. to set standards for the services to be offered to the public;

4. to direct fire personnel of the Fire Department, including the right to assign work and overtime;

5. to hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule fire personnel;

6. to increase, reduce or change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds or other proper reasons;

7. to establish work schedules and to determine the starting and quitting time, and the number of hours to be worked;

8. to establish, modify, combine or abolish job positions and classifications;

9. to add, delete or alter methods of operation, equipment or facilities;

10. to determine the locations, methods, means, and personnel by which the operations are to be conducted, including the right to determine whether goods or services are to be made, provided or purchased;

11. to establish, implement and maintain an effective internal control program;

12. to suspend, discharge, or discipline fire personnel for just cause (probationary employees without just cause), and

13. to add, delete or alter reasonable policies, procedures, rules and regulations.

Managerial functions, prerogatives and policy-making rights and the impact thereof, whether listed above or not, which the Employer has not restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance and arbitration procedures contained herein, provided that no right is exercised contrary to or inconsistent with other terms of this Agreement. Provided, however, that the exercise of any of the above rights shall not conflict with any of the provisions of this Agreement.

B. The Union’s Rights

The Bedford Park Local Union shall have the sole right and authority to operate and direct the Union in all of its various aspects, including, but not limited to, the right to determine who may be a member, to elect its own officers, and to appoint such of its members as it sees fit to serve on committee meetings with the Village or any other governmental agency of any type; to pass and effectuate such rules and regulations governing the conduct of its internal affairs without any interference, directly or indirectly from the village or its officials; to assess dues on its members as it sees fit. These rights and responsibilities shall he exercised in accordance with the Union’s duty of fair representation and in accordance with applicable equal employment laws.

C. Access to Premises

The Village agrees that non-employee officers and representatives of the Union shall have reasonable access to the premises of the Village. Such visitation shall be for the reasons of the administration of this agreement. The Union agrees that such activities shall not interfere with the normal work duties of employees. All such visitations shall be between Noon and 1:00 p.m. or 5:00 p.m. and 10:00 p.m. in the classroom area of the fire houses.

Executive officers of the Union shall be permitted to conduct Union business required for the efficient operation of the Union including, but not limited to preparation and processing of grievances and discussions concerning Union matters subject to the following limitations: (1) there shall be no interference with normal or assigned Department duties, (2) permission shall be obtained in advance from the Chief or Assistant Chief, and (3) no more than thirty (30) minutes shall be spent on such activity per shift.

D. Time-off for Union Activity

1. Meeting Attendance

The Union executive board will be allowed time, if manpower is available, not to exceed three (3) hours, to attend regular scheduled monthly or special Union meetings, provided that the Chief and/or his designee is advised of such meetings no less than two (2) shift days in advance. These employees shall be considered on duty and available for all emergency calls. Two (2) members of the negotiating team shall be allowed time off from duty if manpower is available without loss of pay for meetings which shall be mutually set by the Village and the Union.

2. Duty Relief

With prior approval of the Chief or his designee, the Union shall be allowed to offer duty relief for Union officers and delegates to attend Union conventions, district meetings and seminars, provided the Union shall be responsible for the wages of the person working the shift.

E. Union Use of Bulletin Board

The Village will make available space on a bulletin board in each station for the posting of official Union notices of a non-derogatory nature. The Union will limit the posting of Union notices to such bulletin board.

ARTICLE V
GRIEVANCE PROCEDURE

A. Definition

A “grievance” is defined as a dispute or difference of opinion raised by an employee or the Union against the Village involving an alleged violation of an express provision of this Agreement.

B. Procedure

Employees, the Union and the Village will endeavor where possible to settle any grievances that may arise informally through discussion before or after initiating formal grievance procedures. A grievance filed formally against the Village shall be processed in the following manner:

Step 1

Any employee and/or the Union who has a grievance shall submit the grievance in writing to the Fire Chief or his designee, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated and the relief requested. All grievances must be presented no later than ten (10) business days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event giving rise to the grievance. Within five business days (5), the Fire Chief or his designee will offer to meet with the grievant and a union representative to discuss the grievance and attempt to resolve it. If such a meeting is held, the Fire Chief or his designee shall render a written response to the grievant within five (5) business days of the meeting. If such a meeting is not held, the Fire Chief or his designee shall render a written response to the grievant within ten (10) business days after the grievance is presented.

Step 2

If the grievance is not settled at Step 1 and the Union desires to appeal, it shall refer the matter within ten(10) business days of receiving the Step 1 answer to the Village Board through the Chair of the Fire Committee with a copy to the Village President. In its appeal, the Union shall specifically state the basis upon which it believes the grievance was improperly denied at Step 1. Thereafter, the Village Board and the Chief or other appropriate individuals(s) as desired by the Village Board shall meet with the grievant, the steward involved and an outside, non-employee representative of the Union, if desired by the employee, within ten (10) business days of receipt of the Union’s appeal, if at all possible. If no agreement is reached, the Village Board shall submit a written answer to the Union within ten (10) business days following the meeting.

C. Arbitration

If the grievance is not settled in Step 2 and the Union wishes to appeal the grievance from Step 2 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within ten (10) business days of receipt of the Village’s written answer, as provided to the Union at Step 2.

1. The parties shall attempt to agree upon an arbitrator within five (5) business days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said five (5) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, pursuant to its Voluntary Labor Arbitration Rules. The Panel shall be limited to members of the National Academy of Arbitrators residing in the states of Illinois, Wisconsin or Indiana.

2. The arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of the Union and Village representatives.

3. The Village and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The Village and the Union retain the right to employ legal counsel.

4. The arbitrator shall 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.

5. More than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing.

6. The fees and expenses of the arbitrator and the cost of a written transcript, if any, 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.

D. 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 the question of fact as to 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 raised by the grievance as submitted in writing at Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with powers, duties and responsibilities of the Village under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section D shall be final and binding upon the Village, the Union and the employees covered by this Agreement.

E. Time Limit for Filing

No grievance shall be entertained or processed unless it is submitted at Step 1 within ten (10) business days after the occurrence of the event giving rise to the grievance or within ten (10) business days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the event giving rise to the grievance. A “business day” is defined as a calendar day exclusive of Saturdays, Sundays or holidays.

If a grievance is not presented by the employee or the Union within the time limits set forth above, it shall be considered “waived” and may not be further pursued by the employee or the Union. 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 and/or the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step.

ARTICLE VI
EMPLOYMENT & DISCIPLINE

A. Hiring and Discipline

The Village will suspend or discharge non-probationary employees only for just cause. Discipline of less than a suspension shall not be subject to arbitration. Hiring shall be in the exclusive discretion of the Village.

B. Mutual Exclusivity of Procedures

Employees shall have all rights as set forth in the Village of Bedford Park’s ordinance and/or applicable statute, to have their discipline cases reviewed by the Village Board of trustees (“Board”). Employees shall have the alternative right to file grievances concerning discipline cases. The grievance procedure in the collective bargaining agreement and the hearing process by the Board are mutually exclusive and no relief shall be available under the grievance procedure for any action heard before the Board. Furthermore, the filing of a grievance involving employee discipline shall act as a specific waiver by the Union and the employee involved of the right to challenge the same matter before the Board or any other procedure established by statute and a form containing such specific waiver shall be executed by the Union and the involved employee before a grievance may be filed under the grievance procedure.

C. Rules and Regulations

The Union agrees that its members shall comply with all the Fire Department rules and regulations, including those relating to conduct and work performance. The Village agrees that all rules and regulations will be equitably administered and shall not be administered or created in an arbitrary or capricious manner.

D. Residency

Employees are required to live within the State of Illinois.

E. Discipline/Investigations

The Village may not discipline an employee for off-duty conduct, except where such conduct adversely affects the employee’s performance of his work duties or abilities to function with others in the department or adversely affects the department’s reputation in the community.

A copy of all written reprimands, suspension and discharge notices shall be provided to the employee.

Prior to any final disciplinary action, other than oral or written reprimands, the Village shall notify the employee of the alleged misconduct, including violation of any rule or regulation, the discipline contemplated and the reasons for such discipline. The Village shall also provide an opportunity for the employee to respond to the allegations in a meeting with Union representation.

It is understood that the rights set forth in this section shall not diminish or replace any other rights guaranteed under applicable Federal or State law, including but not limited to those set forth in the U.S. or Illinois Constitutions or the Fireman’s Disciplinary Act.

Disciplinary actions shall not be used after twelve (12) months to justify subsequent disciplinary action, except for disciplinary action for a related offense, which may be used up to thirty-six (36) months. Discipline more than thirty-six (36) months old may be removed from an employee’s file by petition from the employee at the Chief’s discretion, subject to approval by the Fire Committee.

The Village shall conduct disciplinary investigations when it has reason to believe an employee has failed to fulfill his responsibilities as an employee. During any investigatory interview, questioning, or test which the employee the employee reasonably believes might result in discipline, the employee shall be entitled to Union representation. Such representation shall include the right of the employee and the Union representative to consult. It is understood that polygraph examinations and tests by means of any chemical substance will not be used by the Village in any phase of disciplinary investigations or interrogation except as provided in an agreed-upon Drug/Alcohol Policy or except with the permission of the employee.

F. Access to Personnel File

An employee may inspect his personnel file, disciplinary history file, medical file and/or investigative file, subject to the following:

1. An inspection shall occur during normal business hours, at a time and in a manner that is mutually acceptable to the employee and the Fire Chief.

2. Copies of the materials in such employee files shall be provided to the employee upon the employee’s request. The employee shall sign a receipt for the contents of the file.

3. Employees shall be notified when a formal written warning is placed in their personnel file. An employee shall be provided a copy of any such formal warning. An employee may file a written rebuttal in his personnel file concerning any material in the file.

G. Jury/Witness Leave

An employee who is required to report for jury duty, or is required to attend attorney interviews, give depositions or testify with respect to lawsuits which the Village institutes or which arises out of the employee’s employment by the Village, shall be excused form work without loss of pay for the period of time which he is required to be away from work and during which he would have otherwise been scheduled to work. If an employee is required to participate in such activities during off duty hours (excluding jury duty and an employee’s participation in such activities at the request of the Union), the employee shall be paid the applicable hourly rate of pay for all off-duty hours of required participation, with a minimum of two (2) hours pay.

An employee shall immediately notify the Chief if he is required to participate in a lawsuit which arises out of his employment by the Village. The Village retains the right to schedule the employee’s participation during the employee’s duty hours. If the Village does not exercise this right, the scheduling shall be done at the mutual convenience of the employee and the party requesting the employee’s participation.

Any compensation the employee receives for jury duty service or for responding to a subpoena shall not be subtracted from the employee’s regular wages. The Village will provide an attorney at the Village’s expense for the employee regarding a job-related incidence which is the subject of a lawsuit or a legal investigation provided that the lawsuit or investigation does not involve alleged improper conduct by the employee.

H. Contracting-Out

No employee shall be laid off as a result of any decision by the Village to utilize part-time personnel or contract-out any work performed by employees covered by this agreement.

I. Paramedic Certification & Decertification

Any Paramedic with six (6) years of service will have the option of reverting back to the rank of Firefighter/EMT as openings become available. Any Firefighter/EMT who satisfies the minimum qualifications for the position may also opt to become a Paramedic as openings become available. Such position changes shall be permitted only if the applicant employee is fully qualified for the new position. Among equally qualified applicants, seniority shall control. All such notices are to be posted for a minimum of two (2) weeks.

J. Promotions to Fire Engineer

Promotions to the rank of Engineer shall be made on the basis of examination, merit and seniority in service. Examinations shall be administered every three years or sooner if the posted list is exhausted. Total scores shall be posted with the preliminary promotional eligibility list not later than thirty (30) days after the last component is scored. Promotions shall be made in order of the candidate’s ranking on the final promotional list in effect when the vacancy occurs.

1. Any employee desiring to take the promotional exam must meet the following criteria: Illinois State Certified Firefighter III, Illinois State Certified Fire Apparatus Engineer, and have five (5) years of Fire Department seniority. Employees who meet these qualifications and challenge the test shall be entitled to complete the exam.

2. Criteria and Weights. The placement of employees on promotional lists shall be based on the points achieved by the employees on promotional examinations consisting of the following four components weighted as specified:

1) Written Test - 35 points

2) Assessment Center - 35 points

3) Chief’s Appraisal - 15 points

4) Seniority - 15 points

3. (A) Written Exam. The written examination shall consist of questions that are job related and validated. The examination shall be administered by a qualified independent testing agency.

(B) Assessment Center. The examination shall be administered by a qualified independent testing agency. The Agency shall establish a reasonable pass/fail score for the combined scores received on the written exam and assessment center.

(C) Chief’s Appraisal. The Chief’s appraisal shall be based on three criteria: (1) job performance, ability and attitude; (2) request for and acceptance of additional job responsibilities and appropriate performance of them; and (3) fire service education achievement, including certification in subjects and skills related to the fire service. The Chief shall award points to all candidates who pass the written exam and assessment center without any prior knowledge of scores achieved on those exams. The independent testing agency at the same time shall inform the Chief and the Union only of the names of candidates who passed both exams.

(D) Seniority. Candidates shall be awarded a maximum of fifteen (15) points of the total promotional examination score for seniority. Seniority points shall be calculated by awarding each candidate one (1) point for each year of seniority in the Fire Department over five (5) years to a maximum of twenty (20) years.

(E) Veteran’s Preference. Upon completion of all four components of the test, the Fire Department will post the preliminary promotion list. Persons on the list who are serving or who have served in a branch of the United States military and who have not been dishonorably discharged will be eligible to request a veteran’s preference point. The point request must be made in writing within ten days of posting of the preliminary promotion list and appropriate documentation proving service and discharge status, if applicable, must be attached. The Veteran’s preference point may be awarded only once over the course of a person’s career with the Department.

(F) Final Promotion List. The final promotion list, containing total scores augmented by veteran’s preference points will be posted no more than 15 days after the posting of the preliminary promotion list.

(G) Disclosure. All scores from each component of the testing process shall be made available to a candidate or the Union and a representative of management at the same time.

(H) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, 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 over, the appointing authority shall document its reasons 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 remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once, for the shortcomings in work performance or misconduct that occurred prior to the first time that individual was passed over. The highest ranking person may be passed over again, however, for substantial shortcomings in work performance or misconduct that occurs after the previous time that person was passed over. Any person who has been passed over and is subsequently appointed shall be on probation for twelve (12) months. 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 the Agreement.

To the extent the foregoing procedures differ from or supplement those specified in the Fire Department Promotion Act and the Act permits its requirements to be waived through collective bargaining, the parties acknowledge their intent to waive the Act’s requirements.

K. Promotion to Lieutenant

Promotions to the rank of Lieutenant shall be made on the basis of examination, merit and seniority in service. Examinations shall be administered every three years or sooner if the posted list is exhausted. Total scores shall be posted with the preliminary promotional eligibility list not later than thirty (30) days after the last component is scored. Promotions shall be made in order of the candidate’s ranking on the final promotional list in effect when the vacancy occurs.

1. Any employee desiring to take the promotional exam must meet the following criteria: Illinois State Certified Fire Officer I, Illinois State Certified Fire Apparatus Engineer, one (1) year of service as Engineer, and have seven (7) years of Fire Department seniority. Employees who meet these qualifications and challenge the test shall be entitled to complete the exam.

1) Written Test - 35 points

2) Assessment Center - 35 points

3) Chief’s Appraisal - 15 points

4) Seniority - 15 points

3. (A) Written Exam. The written examination shall consist of questions that are job related and validated. The examination shall be administered by a qualified independent testing agency.

(E) Veteran’s Preference. Upon completion of all four components of the test, the fire department will post the preliminary promotion list. Persons on the list who are serving or who have served in a branch of the United States military and who have not been dishonorably discharged will be eligible to request a veteran’s preference point. The point request must be made in writing within ten days of posting of the preliminary promotion list and appropriate documentation proving service and discharge status, if applicable, must be attached. The Veteran’s preference point may be awarded only once over the course of a person’s career with the Department.

(G) Disclosure. All scores from each component of the testing process shall be made available to a candidate or the Union and a representative of management at the same time.

L. Outside Employment

No employee shall be permitted to work on a paid basis for any other fire department or fire protection district within 12 hours of beginning a shift. Any employee hired after January 1, 2004 shall not be permitted to be employed by another fire department or fire protection district.

ARTICLE VII
WAGES & BENEFITS

A. Salaries

Employees covered by this Agreement will be paid on the basis of the salary schedule and longevity schedule attached hereto as Appendix A. Employees who may assume the duties of a higher rank will be compensated in accordance with Appendix A.

1. Each employee shall be able to designate the institution to which payroll deposits will be made so long as the institution is located in Illinois and changes are not made more than once per calendar year.

2. All retroactive payroll corrections shall be paid as a lump sum. Retroactive checks for this contract shall be in a separate check. Reasonable efforts will be made to ensure that monies are paid within thirty (30) days after signing the contract.

B. Fringe Benefits

1. Holidays

Each employee shall receive the following nine (9) holidays during each year:

New Years Day President’s Day Good Friday

Memorial Day Fourth of July Labor Day

Thanksgiving Christmas Day Employee’s Birthday

Fire Inspectors will receive the time off for the above-specified holidays. Firefighters will be paid eight (8) additional hours pay, based on their regular hourly rate, for holidays not worked; and thirty-six (36) additional hours pay, based on their regular hourly rate, for holidays worked. Beginning January 1, 2005, Firefighters will be paid twenty-four (24) additional hours (reduced from thirty-six (36)), based on their regular hourly rate, for hours worked. An employee who does not work a holiday will be entitled to holiday pay only if he works the last scheduled day before and the first scheduled day after the holiday.

2. “Kelly” Days

A Kelly Day (i.e., a shift that would otherwise be a 24-hour duty day) shall be scheduled every 12th shift (duty day). Beginning January 1, 2007, a Kelly Day shall be scheduled every 11th shift (duty day). Kelly days will be assigned by the Department. Employees may voluntarily trade scheduled Kelly Days with other employees on the same shift who have the same rank and classification, provided that the trade shall not result in any increase. The employee initiating the trade shall provide the Chief or his designee with written notice of the trade on the approved form no later than the duty shift prior to the trade. An employee who accepts a Kelly Day in trade shall not be permitted subsequently to trade that day. An employee whose shift is changed during the year will be assigned the Kelly Days of the employee whose position he is filling on the new shift.

3. Vacation Schedule

An employee shall receive paid vacation time on the following schedule and total years of service rendered to the Village:

a. One (1) full year but less than five (5) full years - five (5) work days (8-hour employees - 10 work days).

Five (5) full years but less than ten (10) full years - seven (7) work days (8-hour employees - 15 work days).

Ten (10) full years but less than fifteen (15) full years - ten (10) work days (8-hour employees 20 work days).

Fifteen (15) full years but less than twenty (20) full years - twelve (12) work days (8-hour employees - 25 work days).

Twenty (20) full years but less than twenty-five (25) full years - thirteen (13) work days (8-hour employees - 28 work days).

Twenty-five (25) full years but less than thirty (30) full years - fourteen (14) work days (8-hour employees 30 work days).

Thirty (30) full years and beyond - fifteen (15) work days - (8-hour employees - 33 work days).

b. All weeks in a year shall be open for selection, including the first week in January.

c. Vacations may not be butted from one year to the next.

d. All vacation requests must be turned in prior to December 31 of each year by Department seniority.

Any open dates, not selected, will be assigned after February 15 of each year.

A maximum of four individuals, including lieutenants, will be allowed to be scheduled off (two (2) Kelly and/or two (2) Vacation) on any given day, with the following exception: prior to a vacation request, if two or more individuals are already scheduled off on a continuous illness or disability, such absences beginning with the second absence will reduce the maximum personnel allowed off for that given day. If an individual is placed on continuous illness or disability, after a vacation day has been taken or assigned, the maximum number of personnel allowed off will be increased by that number.

Individuals will be allowed to request a change of their vacation schedule, as follows:

Five (5) vacation days, two (2) changes

Seven (7) vacation days, three (3) changes

Ten (10) vacation days, four (4) changes

Twelve (12) vacation days, five (5) changes

Thirteen (13) vacation days, six (6) changes

Fourteen (14) vacation days, seven (7) changes

Fifteen (15) vacation days, eight (8) changes

Procedure 5.4 of the B.P.F.D. Procedure Book and SOG 100.01 of the Standard Operating Guidelines shall be followed regarding manpower. (See attached Appendix B.)

4. Uniform Allowance

Employees shall receive a Four Hundred Forty Dollar ($440.00) clothing allowance in the form of a credit to their clothing account to purchase clothing deemed necessary during quarterly inspections, to maintain the Fire Department standard of dress. Any required changes shall be paid by the Village, if the $440 clothing allowance is exhausted. All “turn-out” gear is to be provided by the Fire Department.

Turn-out gear includes, but is not limited to:

(1) Bunker coat

(2) Bunker pants

(3) Bunker boots

(4) Helmet and eye shield

(5) Gloves (two pair)

(6) Hood

(7) Truckman’s belt

(8) Swiss seat webbing and “D” ring

(9) SCBA mask frames and prescription lenses

(10) Any items required by Federal Safety Standards under NFPA 1500.

Safety Glasses and Frames

(1) Employees are eligible to purchase safety glasses and safety frames.

(2) The Village will pay up to a total of two hundred fifty dollars ($250.00) every three years for the purchase of safety prescription glasses and safety frames upon submission of proof of purchase and cost.

(3) The costs of any and all eye examinations shall be paid by the employee and shall not be incurred by the Village.

(4) The Village will pay up to $500 per employee for corrective vision surgery. Any employee who receives this payment will be ineligible to receive it again or to receive subsequent payment for eye glasses.

5. Bereavement Leave

a. When death occurs in an employee’s immediate family (i.e. employee’s mother, father, mother-in-law, father-in-law, stepmother, stepfather, spouse, brother, sister, child, stepchild, grandchild or grandparents), an employee covered by this Agreement, upon request, shall be excused for one (1) work day with pay. A fire inspector shall be excused for three (3) days with pay.

If an employee is notified of the death of the employee’s spouse, child, stepchild or parent during his work day, the employee shall be relieved from duty with pay upon request, and the portion of such work day that the employee is relieved shall not count as one of the leave of absence day(s) provided above.

b. If death of a spouse, child or stepchild occurs, an employee shall be granted an additional two (2) work days’ leave for firefighters and engineers and five (5) days for fire inspectors. If death of a mother or father occurs, an employee shall be granted an additional one (1) day’s leave. In addition, employees who have unused vacation days and who represent to the Chief that returning to work following such a death would be a hardship, shall be permitted at the Chief’s discretion to extend their leave by using up to two (2) vacation days. The Chief’s permission shall not be denied unreasonably. All bereavement days and additional vacation days must be used at the time of the death and before any days are worked after the death.

c. An otherwise eligible employee will not receive funeral pay when it duplicates pay received for time not worked for any other reason.

d. When a death (not listed above) occurring in the employee’s family causes a hardship, the employee shall be allowed to use one vacation day (not restricted by the manning requirements of 5.4).

6. Health Insurance

The current medical insurance program and benefits shall remain in effect during the term of this Agreement, provided that the Village shall pay ninety-five percent (95%) of the monthly premium for family and employee health insurance and the employee shall pay the remaining five percent (5%). Beginning on January 1, 2005, the Village shall pay 92.5% and the employee shall pay 7.5%. Beginning on January 1, 2006, the Board shall pay 90% and the employee shall pay 10%.

The Village has committed to obtain equal or greater employee contributions to health insurance premiums from all employee groups. With respect to non-represented employees, such contributions shall be implemented by January 1, 2005. With respect to employee groups working under bargaining agreements, the Village will make its best efforts to achieve such increases, including taking the issue to interest arbitration should an impasse be reached with any safety employees. If the Village fails to negotiate such an increase with any employee group, the increase for Firefighters shall be rolled back to the lowest level imposed on any other employee group.

7. Dental Insurance

The current dental insurance program and benefits shall remain in effect during the term of this Agreement, provided that the Village shall pay the higher of fifty percent (50%) of the annual premium for family and individual coverage or Two Hundred Dollars ($200) for family/Seventy-five Dollars ($75) for single per year.

8. Health and Dental Insurance Committee

The parties agree that if any insurance committee is formed or utilized, Local 3571 shall be represented on that committee.

9. Optical Insurance

Glasses or contact lenses lost or broken in the line of duty and not through employee carelessness shall be replaced by the Village at the full cost of repair or replacement.

10. Continuance of Health Insurance

In the event an employee dies, the Village will continue to provide health and dental insurance for that employee’s dependents in accordance with the same terms and conditions as otherwise would be applicable for a period of one (1) year, provided that the spouse does not remarry and the dependents are under eighteen (18) years of age. The spouse and dependents shall be able to purchase at full cost health and dental insurance after one (1) year, provided the spouse does not remarry and the dependents are under eighteen (18) years of age.

11. Right to Maintain Coverage While on Unpaid Leave or on Layoff

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 and, if desired, for dependent coverage, at the employee’s cost.

12. Health Insurance – Retirees

a. To qualify for health insurance benefits, an early retiree must be at least fifty-five (55) years of age when he retires.

b. Employees accrue points by adding their age together with the number of years of service with the Village.

c. For any employee hired after 1968, the Village shall pay a percentage of the early retiree’s insurance premium until he reaches the age of sixty-five (65) based on the following schedule:

95% for 80 points

75% for 75 points

50% for 70 points

Beginning on January 1, 2005, the Village shall pay 92.5% for 80 points. Beginning on January 1, 2006, the Village shall pay 90% for 80 points.

For any employee hired in 1968 or earlier, the Village shall pay a percentage of the early retiree’s insurance premium until he reaches the age of sixty-five (65) based on the following schedule:

100% for 80 points

75% for 75 points

50% for 70 points

d. At the age of six-five (65), the Village shall pay 95% of the supplemental insurance for an early retiree who qualifies for the above schedule, except for employees hired in 1968 or earlier, for whom payments shall be at 100%.

e. Spouse’s insurance coverage will continue to be handled consistent with Village Ordinance dated October 3, 1985, Sections 3.A. and B.

f. The Village shall enroll all bargaining unit employees in the Post Employment Health Plan of Nationwide Retirement Solutions, the cost of which shall be incurred by the employee in the amount of six (6) dollars per pay check through payroll deduction effective with the first payroll immediately following approval of the Agreement.

13. Life Insurance

14. Sick Leave

a. Employees shall accrue sick leave as follows: employees assigned to 24-hour shifts at the rate of 12 hours per month of service; employees assigned to 8-hour shifts at the rate of 4 hours per month of service. Such accrued sick leave shall accumulate to a maximum of 1440 hours for 24-hour shift employees and 1040 hours for 8-hour shift employees. Employees may draw from such sick leave bank in increments equal to a full shift (24 hours or 8 hours as applicable). For the purpose of this provision, a month of service shall be defined as a month in which the employee is continued on the payroll.

b. Employees shall be allowed to utilize their accumulated sick time at retirement up to 30 days.

c. Sick Leave Rules.

1. In the event an employee is unable to report to work due to illness or injury, he/she must inform his/her Lieutenant/Acting Lieutenant by the time designated by the Department rules. Failure to do so, each day of absence, or at agreed-upon intervals in the case of extended illness, may result in loss of pay. Failure to report for three (3) consecutive duty days may result in termination.

2. The Fire Chief may make any appropriate investigation or establish reasonable controls to prevent the abuse of sick leave. Proof of illness or disability in the form of a medical certificate from the attending physician or from the Village’s physician may be required for any absence of two consecutive duty days or more for 24-hour shift employees (three consecutive duty days for 8-hour shift employees), for any absence due to sickness or injury once an employee has used 72 hours of sick leave in any calendar year, or where there are grounds for suspected abuse of sick leave. Abuse of sick leave based on false claims of illness or injury, or falsification of proof to justify such sick leave will be cause for loss of pay and disciplinary action.

3. Grounds for suspecting abuse of sick leave include, but are not limited, information received by the Village that the employee is, or was, during any day for which sick leave is claimed:

(i) engaging in other employment; or

(ii) engaging in activity or being present in a place inconsistent with a claim of illness or injury.

4. Excessive use of sick leave, repeated instances of inadequate notice to supervisors requesting the use of sick leave, and requests for or use of sick leave under suspicious circumstances (such as a request which immediately follows the employees’ being assigned to a particular job or task or repeated absences on weekends or immediately preceding or following holidays, Kelly Days or vacation periods, etc.) shall also be grounds for suspected abuse of sick leave.

5. Actual abuse of sick leave shall subject an employee to discipline up to and including discharge. Abuse of sick leave consists of:

(i) unjustified or unsubstantiated use of sick leave (as in cases where a doctor’s certificate is required but not supplied, or in cases where the doctor’s certificate or employee statement fails to substantiate the employee’s claim of illness or injury requiring the employee to be off work); or

(ii) unjustified failure to give adequate notice to the City of the use of sick leave; or

(iii) falsification of a written, signed statement by the employee or of a doctor’s certificate.

15. Physical Exam

The Village will provide the additional cost (not covered by insurance) for one (1) physical examination for an employee during the term of the contract. The employee shall be required to share the results of examinations with the Chief if they reveal any limitations on the employee’s ability to perform essential functions of the job. The Village’s contribution will be payable to the employee upon presentation of appropriate invoices.

16. Immunizations

The Village agrees to pay all expenses for medical examinations, diagnostic tests, immunization shots or inoculations for members of a firefighter’s family, when such becomes necessary as a result of said firefighter’s exposure to contagious diseases in the line of duty.

17. Counseling

The Village shall provide counseling necessitated by a traumatic event occurring while in the performance of an employee’s duty, such as air crashes, mass casualty incidents, deaths of children, etc., as the Chief, in his reasonable discretion, sees fit.

18. Family and Medical Leave

The Village shall comply with the requirements of the Family and Medical Leave Act. Paid sick leave may be utilized in conjunction with unpaid leave under the FMLA to the extent it is available to the employee under other provisions of this Agreement. To the extent that additional leave is provided beyond the employee’s paid allotment, it shall be unpaid leave, although employees may receive disability payments, if qualified.

An employee who learns she is pregnant shall seek timely medical advice as to when she will become unable safely to perform her job duties, giving due consideration to the safety of others. If the Village believes that the employee is or will become unable to safely perform her job duties earlier than her doctor certifies, or otherwise disagrees with medical determinations of the employee’s physician, it may require the employee to be examined by a physician of the Village’s choice at Village expense. Any differences between the opinions of the two physicians shall be resolved through procedures in accordance with the FMLA.

If the employee has exhausted her FMLA leave and she is unable to return to work for medical reasons related to her pregnancy and childbirth, she shall be entitled to extend her leave for an additional maximum of three calendar months. In order to be eligible for an extension, an employee must request the extension in writing and submit written certification of medical necessity.

A 24-hour employee who is scheduled to work while his child is being born shall have the option of taking a sick day to attend the birth or, if he requests, a sick day the day after the birth. An 8-hour employee shall have the option of taking both the day of birth and the day after birth as sick days. No doctor’s note is required.

19. Pre-Retirement Benefit

A pre-retirement benefit shall be offered to employees in accordance with Village Policy No. 654, amended 8/20/97, except that the benefit shall be $200 per month.

C. Fire Inspectors

See Appendix D.

ARTICLE VIII
HOURS OF WORK AND OVERTIME

A. Hours of Work

Hours of work shall be twenty-four (24) hours per shift by schedule incorporated January 1, 1987. For employees on a 18-day, 136 hour work schedule, a regularly scheduled work day (excluding drafts, holdovers, change days, or shift transfer) shall be defined as twenty-four (24) consecutive hours on duty, followed by forty-eight (48) consecutive hours off duty. The workday shall begin at 7:00 a.m. and end at 7:00 a.m. the next day. A firefighter will work one hundred thirty-two (132) hours in an eighteen (18) day period and anything exceeding one hundred thirty two (132) hours will be paid at the rate of one-and-one-half (1-1/2) times the fire fighters regular rate of pay. For the purpose of calculating hours worked for purposes of overtime, only time actually worked, vacation days and bonus days, will be included.

Effective January 1, 2005, a Kelly Day (i.e., a shift that would otherwise be a 24-hour duty day) shall be scheduled every 12th shift (duty day). Effective January 1, 2007, a Kelly Day shall be scheduled every 11th shift; hours of work and duration of pay period shall be adjusted accordingly. The initial order by which employees assigned to a shift shall be assigned Kelly Days and individual FLSA work periods shall be according to a reasonable procedure specified by the Chief. Effective January†1, 1999, employees may voluntarily trade scheduled Kelly Days with other employees on the same shift who have the same rank and classification, provided that a trade shall not result in any increased cost to the Village. The employee initiating the trade shall provide the Chief or his designee with written notice of the trade on the approved form no later than the duty shift prior to the trade. An employee who accepts a Kelly Day in trade shall not be permitted subsequently to trade that day. An employee whose shift is changed will be assigned the Kelly Days of the employee whose position he is filling on the new shift.

Fire Inspectors on an eight (8) hour per day work schedule will receive overtime after forty (40) hours in a regular seven (7) day work period and shall be paid one-and-one-half (1-1/2) times his regular rate of pay.

B. Normal Work Cycle

The normal work cycle for employees assigned to 24-hour shifts shall be 18 days. For FLSA purposes, each employee’s work cycle shall be established so that the employee’s Kelly Day (i.e., every 12th duty shift) starts at 7:00 p.m. on the duty shift of the 18th day of his work cycle and ends at 7:00 p.m. on the first day of the succeeding work cycle. The normal work cycle will be adjusted appropriately on January 1, 2007, when Kelly Days are provided every eleventh duty shift. If the duty shift starting time is changed, the employee’s work cycle for FLSA purposes shall be adjusted accordingly. As a result of this work cycle no employee will work a scheduled shift that will qualify him to receive FLSA overtime pay.

C. Duty Exchange

Duty exchange shall be permitted only when a voluntary request for such change or trade is submitted to, and approved by, each individual’s shift Lieutenant or acting Lieutenant. Such requests must be submitted and approved a minimum of two (2) work days prior to the day of the requested trade. All approved duty exchanges must be paid back within one years time and before the effective date of an employee’s promotion or assignment to a position not covered by this agreement. In case of emergency, the employee may get a Lieutenant’s permission for duty exchange without a two (2) day minimum. There shall be no limit on the amount of trade days allowed. When signing a trade day the employee accepts the responsibility for the traded day.

D. House and Routine Duties

House and routine duties shall be as per Fire Department procedures. Shopping shall be permitted during the routine work schedule. Meal time for shift personnel shall be for a minimum of one ( 1 ) hour, unless emergency calls preclude. The meal time shall be completed upon return of personnel from the call.

E. Recall

An individual employee who is called back by the Chief to duty for the purpose of maintaining minimum manning requirements or for any other reason shall receive a minimum of two (2) hours’ pay at overtime rate. Employees who respond to a pager alarm will be paid at the current Call and Fire Rate.

F. Overtime Distribution

For any hire-back situation, overtime shall be distributed by means of Fire Department seniority in order of the most senior to the least senior. Overtime shall be voluntary, irrespective of classification or rank, unless for operational needs the Department requires a particular classification or rank and cannot use an employee on duty or in an acting capacity. If no employee voluntarily accepts the overtime, the Chief or his designee has the right to assign the overtime. Employees on sick leave, disability or family leave shall not be allowed to sign up for overtime. If overtime is necessary with less than three (3) days’ notice, then overtime will be assigned on the basis of seniority on the shift.

G. Holdover/Draft

1. Draft

In order to cover an unexpected manpower shortage, employees may be held over up to twenty-four (24) hours. The employee next on the Draft List by seniority shall be responsible for working or finding someone to work for him in accordance with this provision. The shift officer going off duty shall notify the responsible employee of the draft. That individual may find a volunteer to work for him from that shift by seniority or, if no one from that shift accepts the job, from another shift. If unable to find a volunteer substitute, the employee will be required to take the draft. Whether the individual works or finds a substitute, he or she will have exhausted his/her turn on the Draft List. The individual who voluntarily substitutes for another on a draft will not lose his or her turn on the Draft List.

An engineer may be drafted to fill a vacancy of another engineer or to fill the minimum requirement for engineers. Only a firefighter/paramedic can be drafted to fill a firefighter/paramedic vacancy, however, firefighter/paramedics and firefighters will be drafted by seniority off the joint Draft List to fill firefighter vacancies.

2. Holdover

If employee is not relieved after two (2) hours, the employee at his discretion may elect to stay for the entire shift. Employee who is required to stay would revert to the bottom of the Shift draft list.

H. Overtime Rate

Effective January 1, 1999 employees who work overtime shall be paid overtime at a rate of time and one-half (1-1/2) their straight time hourly rate. Such rate shall be computed by dividing the employee’s annual base salary by the annual regular hours of work to which the employee is regularly scheduled as provided in Article VIII(A). For employees assigned to 24-hour shifts, the annual hours are 2768 (53.24 x 52). Effective January 1, 1999 annual hours for 24-hour shift employees are 2714 (52.2 x 52). For employees assigned to 8-hour shifts, the annual hours are 2080 (40 x 52). Base salary includes the wages specified in Appendix A, certification differentials and longevity pay, if applicable.

I. Definition of Seniority

Seniority is an employee’s continuous length of service as defines by his original date of hire of full time employment in the Fire Department. If two (2) or more employees were hired on the same day, their standing will be determined by the Chief.

J. Transfer of Shift

Any shift change of a permanent nature can be made of personnel by the Chief, and the employee affected is compensated with at least forty-eight (48) hours off duty prior to the start of a new shift. If an employee requests a shift transfer he waives the possibility of not having the forty-eight (48) hours off duty prior to the start of a new shift. Any non-requested shift change shall not interfere with already established vacations.

K. Physical Fitness Program

In order to maintain and improve efficiency in the Fire Department, to protect the public, and to reduce insurance costs and risks, the Fire Department shall establish a reasonable physical fitness program which shall include individualized goals. No employee will be disciplined for failure to meet any goals that may be established. Before a program can be established, it will be discussed with and maintained by medical professionals specializing in fire department fitness programs. The Fire Department shall abide by their recommendations. The program shall be part of the routine work hours, if time is available, at the sole discretion of the shift Lieutenant.

ARTICLE IX
SAFETY

The Village and the Union agree that protecting the safety and health of the employees in their work demands the highest concern of the Fire Department. The safety standards as set forth in NFPA 1500, will be adhered to whenever possible by all parties.

ARTICLE X
TUITION REIMBURSEMENT

A. Fire Science Degrees

The Village will reimburse employees covered by this agreement up to Twelve Hundred and Fifty Dollars ($1,250) per semester for books and tuition costs that are actually paid by the employee and not covered from other sources for all courses required to obtain a Fire Science Degree or such other degrees which have the specific written prior recommendation of the Fire Chief and approval of the Board of Trustees.

The employee must complete the necessary forms required for pre-approval of the courses to be taken in a particular semester. The employee will be reimbursed upon completion of the class if the employee attained a grade of “C” or better.

B. Continued/Mandatory Education

All tuition and expenses for approved continued education and/or mandatory courses as designated by the Chief for personnel shall be paid in full by the Village at the time of registration. Employees required to attend the aforementioned classes during their off duty time will be paid at one-and one-half (1-1/2) times their normal rate of pay. Employee will be allowed time off during his scheduled work day to attend aforementioned classes unless minimum manpower requires him to get a substitute to take his place during class times. Substitute will be paid by the Village at his normal rate of pay.

C. Optional Courses

All employees shall have the opportunity to attend job-related or college courses as required for his rank, position or promotion. Employees will be allowed to attend class on a one-time basis. Village will not pay for any employee to retake any course for any reason. All schooling request forms must be submitted in a timely fashion to allow time for each application to be processed through Department and Village procedures.

D. Posting of Classes and Seminars

The Village shall post on bulletin boards located at both firehouses announcements of courses or seminars that the Fire Department is notified of, which are either mandatory for a segment of the staff, or are deemed appropriate for the purpose of improving the professional standing of an employee or the Department. Announcements that are not posted will be provided to the President of the Union.

ARTICLE XI
FAIR SHARE

A. It is recognized that the negotiations and administration of this Agreement entail expenses which appropriately are shared by all employees who are beneficiaries of said Agreement. To this end, if an employee does not join the Union, such employee will:

1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration; OR

2. Pay directly to the Union a like sum.

B. In the event such an authorization is not signed or such direct payment made within thirty (30) days following the commencement of employment of the employee or the effective date of this Agreement, whichever is later, the Village will deduct the fair share fee in payments of equal installments.

C. The Union agrees to indemnify and save the Village harmless against any liability, including all claims, demands or suits, which may arise by reason of any action taken or not taken by the Village in complying with the provisions of the Article, including reimbursement for any legal fees or expenses incurred in connection therewith.

D. The Village agrees to notify the Union promptly in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement the provisions of Section C above and, if the Union so requests in writing, to surrender claims, demands, suits or other forms of liability.

E. The parties expressly recognize the rights of non-members based upon their bona fide religious tenets or teachings of a church or religious body as provided for in the Illinois Public Labor Relations Act and also the right of a non-member to challenge the amount of the fair share fee in accordance with the applicable legal procedures.

ARTICLE XII
MAINTENANCE OF ECONOMIC BENEFITS

All economic benefits which are not set forth in this Agreement and are currently in effect shall continue and remain in effect until such time as the Village shall notify the Union of its desire to change them. Upon such notification, and if requested by the Union. The Village shall meet with the Union and discuss such change before it is finally implemented by the Village. Any change made without such notice shall be considered temporary pending the completion of such negotiations. If the Union becomes aware of such a change and has not received notification, the Union must notify the Village as soon as possible and request to bargain if such discussions are desired. The failure of the Union to request bargaining shall act as a waiver of the right to such discussions by the Union.

ARTICLE XIII
LEGALITY CLAUSES

A. Savings

If any provisions of this Agreement are subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. In such event, the parties shall, upon request of either party, meet promptly to commence negotiations on the question of whether any replacement language should be adopted for the invalidated Article, section or portion of this Agreement and, if so, what that language should be.

B. Ordinances

It is agreed by the parties hereto that no ordinance now in effect, or hereafter enacted or amended during the term of this Agreement, shall supersede or change any of the terms herein, during the life of this Agreement.