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HomeMy Public PortalAboutResolution 1108RESOLUTION NO. 1108 A RESOLUTION AUTHORIZING THfi EXECUTION OF A CONTRACT BETWEEN VILLAGE OF PLAINFIELD, ILLINOIS AND THE METROPOLITAN ALLIANCE OF POLICE FOR WAGES, BENEFITS,'WORKINC~ CONDITIONS FOR THE NEXT THREE YEARS. NOW, THEREFORE, BE IT ORDAINED SY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: That the Va.llage President is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the execution of a contract, attached as Exhibit A, with the Metropolitan Alliance of Police for wages, benefits, working conditions for the next three years. PASSED THIS 17th DAY OF April 1995. ~' .,~~.L ` i ~' ~..`, VILLAGE. LERK APPROVED THIS 17th DAY OF April 1995. PRESIDENT _AT'1'EST ~' ,. VILLAGE LERK ~r Jahn E. Peterson hRESIDENT TRUSTEES Jeffrey Dement VILLAGE OF PLAINFIELD Jack Heimerdinger Lawrence Kelly WILL COUNTY'S OLDEST COMMUNITY Michael lambert Joseph Ray Richard Rock Susan Janik VILLAGE CLERK MEMO TO: JOHN E. PETERSON, VILLAGE PRESIDENT BOARD OF TRUSTEES FROM: DAVID P. VAN VOOREN, VILLAGE ADMINISTRATOR DATE: APRIL 7, 1995 SUBJECT: CONTRACT -METROPOLITAN ALLIANCE OF POLICE CHAPTER 93 AND THE VILLAGE OF PLAINFIELD BACKG ROU N D As the Village Board is aware, the Sworn Police Officers below the rank of sergeant are represented by the Metropolitan Alliance of Police in determining wages, benefits and working conditions of these officers. Presently, the Village is operating with a contract that will expire on April 30, 1995. This contract was for three years and was the first contract with the Police Officers. At the direction of the Village Board, Chief Bennett and I, with the assistance of Mr. Bruce Mackey labor consultant have been negotiating with M.A.P. on the next labor contract. I am pleased to inform the Board that the two parties have tentatively agreed on anew three year contract. The contract does include some slight changes with regard to the following: 1) Fair Share clause was included 2) Union Solicitation clause was included 3) Language clarification on assignment of over-time, holiday pay, personnel file, uniform, ammunition and lateral transfers 4) Increase Life Insurance amount in second year by $5,000.00 5) New Wage Schedule and ratification incentive (schedule attached) The negotiation process went very smoothly and I believe both parties are satisfied with the terms negotiated. Wage schedule which has been the item of greatest discussion in the past was worked out early. The schedule maintains the existing steps as well as increase in the following two years. It is my hope to have a Union ratified contract for your review prior to the meeting. There has been some continued discussion on the assignment of over-time and it may be that we mutually agree to carry that one item over. 1400 NORTH DIVISION STREET •PLAINFIELD, ILLINOIS 60544 • (815) 436-7093 • Fax (815) 436-1950 _.~ MEMO SUBJECT: CONTRACT -METROPOLITAN ALLIANCE OF POLICE CHAPTER 93 AND THE VILLAGE OF PLAINFIELD PAGE TWO RECOMMENDATION Staff recommends that the Village President and Board of Trustees approve the attached Resolution which authorizes the Village President and Village Clerk to execute a contract with the Metropolitan Alliance of Police for wages, benefits, working conditions for the next three years. DPV/mld Enclosure a. ~ r. , ~! 'V,[\ ~~. AGREEMENT BETWEEN TIE VILLAGE OF PLAINFIELD, ILLINOIS AND METROPOLITAN ALLIANCE OF POLICE PLAINFIELD CHAPTER #93 ,y r w TN1~F.X PREAMBLE ....................................................5 ARTICLE I RECOGNTTION OF BARGAINING AGENT ..................6 Section 1.1 Recognition of Bax'gaining Agent............6 Section 1.2 Fair Representation ........................6 Section 1.3 Gender .....................................6 Section 1.4 Union Sol_icitatian .........................6 ARTICLE IZ MANAGEMENT ......................................7 Section 2.1 Management Rights ... .............. .......7 Section 2.2 Authority of the Plainfield Commissian.....7 Section 2.3 Work Rules, General. Orders and Regulations.? ARTICLE TIT PERSONNEL FILES .................................9 Section 3.1 Review of Personnel Files ..................9 Section 3.2 Purge of Personnel Fi1es ...................9 ARTICLE TV UNION SECURITY ..................................10 Section 4.1 Dues Checkoff ..... .......................10 Section 4.2 Union Indemnification .....................10 Section 4.3 Bulletin Berard ............................10 Section 4.4 Fair Share ................................11 ARTICLE V NO STRIKE, NO LOCKOUT ............................12 Section 5'.1 Nn Strike .................................12 Section 5.2 No Lockout ................................12 ARTICLE VI GRIEV Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 ANCE PROCEDURE .............................13 Definition of Grievance ...................13 Grievance Procedure .......................13 Time Limits ........ ......................15 Investigation and Discussion ..............15 Suspension or Term~.nation .................15 ARTICLE VII HOURS OF WORK AND OVERTIME .....................16 Section 7.1 Purpose ...................................16 Section 7.2 Shift Schedule ............................16 Section 7.3 Norma]. Workday ............................16 Section 7:4 Overtime Hours ............................16 Section 7.5 Assignment of Overtime... ...............16 Section 7.6 Court Time.........•...••••-•••-•-••••••••17 Section 7.7 Call-Back Pay .............................17 Section 7.8 Compensatory Tame Option ..................17 Section 7.9 Required Overtime .........................17 Section 7.10 No Pyramiding ............................18 Section 7.11 Extra Details ............................18 ARTICLE VACATIONS.... .......... ........................19 .. .. Section 8.1 Eligibility and Allowances ................19 Section 8.2 vacation Pay ..............................19 2 L- } Section 8.3 Tame for Vacation .........................19 Section 8.4 Scheduling ................................19 Section 8.5 Calculating Length of vacation for New Employees and an Year of Severance .............. 19 Section 8.6 village Emergency .......... .............. 20 Section 8.7 Advance of pay During Vacation............ 20 Section 8.8 Termina tion of Employment ................. 20 Section 8.9 Accrual of Vacations for Employees on Special Leave ....................................20 Section 8.10 Holidays Within Vacation Leave...........20 ARTICLE IX HOLIDAYS .....................•-••••--••••••••••.21 Section 9.1 General Infiormati.an .......................21 Section 9.2 Furloughs .................................21 ARTICLE X INSURAN Section 10.1 Section 10.2 Section 10.3 Section 10.4 Section 10.5 ARTICLE XI SxCK LEAVE...« .................................24 Section 11.1 purpose ..................................24 Sect~.on 11.2 Sick Leave ...............................24 Section 11.3 Notification of the Police Department....24 ARTICLE XII LEAV Section 12.1 Section 12.2 Section 12.3 Section 12.4 Section 12.5 Section 12.6 ryE- .22 u ...................................... Coverage .............. ............•-....22 Terms of Insurance Policies to Govern....22 Life Insurance . .........................22 Limitation of Liability ..................22 pxescriptaan Card ........................22 ES OF ABSENCE.......... .................25 Allowable Absence Specified ..............25 Reinstatement ..................... ......25 Jury Duty ................................25 Funeral and Emergency Leave ..............25 Military Leave ...........................26 Absence Wa.thout Leave ....................26 ARTICLE XIII SENIORITY ... ........ ....••••---••••••-••••••27 Section 13.1 Definition: Acquisition and Retention....27 Section 13.2 Seniority Lists.---••---.••••.••••••-•--•27 ARTICLE XIV WAGES ................... .•---.....--•--......28 Section J.4 .1 Wage Schedule ............................28 Section 14.2 Reimbursement for Expenses ...............28 Section 14.3 Outside Employment .......................28 Section 14.4 wage Schedule-Lateral Transfers..........29 ARTICLE XV MISCE Section .1.5.1 Section 15.2 Section 15.3 Section 15.4 Section 15.5 ~,LANEOUS PROVISIONS .......................30 Ratification and Amendment ...............30 Bill of Rights .......................••--30 No Discrimination ........................30 Promotional Exam .........................30 Discipline.... ---• .....................30 3 A ~ ~ f ARTICLE XVI EDUCATION BENEFITS ............................31 Section 16.1 OnTduty Training .........................31 Section 16.2 Scheduling of On-duty Training.....-.••••31 Section 16.3 Educational Assistance P1an ..............31 ARTICLE XVIZ UNIFORM ALLOWANCE ............................33 Section 17.1 Uniform Allowance ........................33 Section 17.2 Original Issue of Equipment ..............33 Section 17.3 Reimbursement for Destruction of Personal Property ................................33 Section 17.4 Practice Ammunition....,. •••..••••••••••33 Section 17.5 plainclothes Officers ....................33 ARTICLE XVIII SAVINGS CLAUSE ............................ .35 Section 18.1 Savings Clause ...........................35 ARTICLE XIX ENTIRE AGREEMENT ..............................36 Section 19.1 Entire Agreement .........................36 ARTICLE XX TERMINATION ....................................37 Section 20.1 Termination ..............................37 APPENDIX A .................................................39 APPENDIX B ........................................ ...,...40 APPENDIX C .................................................41 APPENDIX D .................................................42 4 PREAMBLE THIS AGREEMENT is entered into by the VILLAGE OF PLAINFIELD, Illinois (the "Village") and the METROPOLITAN ALLIANCE OF POLICE PLAINFIELD CHAPTER.#93 (the "Union") this day of , 1995, and is in recognition of the Unian's status as the representative of certain of the Village's full-time employees and has as its basic purpose the promotion of harmonious relations between the parties, the establishment of an equitable and orderly procedure for resolving differences arising out of the employment relationship and the establishment of an entire agreement covering rates of pay, hours of work, and other conditions of employment for employees of the Village in the unit described in Article I hereof. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Village and the Union do mutually promise and agree as follows: 5 w ARTICLE I RECOGNITION OF BARGAINING AGENT Section 1.1.. Reco nition of Bar ainin A ent. The village agrees during the term of this Agreement to recognize the Union as the sole and exclusive bargaining agent with respect to wages, hours and conditions of employment for employees in the following unit: "All .full--time sworn peace officers in the titles of Patrol Officers, Detective and Corporal, excluding the Chief of Police, Lieutenants, Sergeants, part time officers, and any supervisory, managerial or confidential employees and all other employees of the Village of Plainfield." The probationary period shall be twelve (12) months following graduation from any approved state training academy. Time absent from duty or not served shall not apply toward satisfaction of the probationary period. During the probationary period, an officer is entitled to all rights, privileges ar benefit under this Agreement, except as limited by the express terms of this Agreement, which limitations include that the Village may suspend or discharge a probationary employee without cause, an such employee shall have no recourse to the grievance procedure ar the Plainfield Police Commission to contest the suspension ar discharge. Section ~.2. Fair Repx'esentatian. The Union recognizes its responsibility as the exclusive bargaining agent of all employees in the bargaining unit and agrees to fairly represent each and every employee regardless of whether they are members of the Union. Section 1 .3 . Gender . Tn this contx'act, the pronouns "He, Him and His" shall refer to bath male and female employees equally. 6 ARTICLE II MANAGEMENT RIGHTS Section 2.1. Manaciement RicLhts. Except as specifically limited by the express provisions of phis Agreement, and subject to the powers of the Plainfield Police Commission, the village retains all traditional rights to manage and direct the affairs of the Village in all of its various aspects and to manage and direct its employees, including but not limited to the following: to plan, direct, control and determine the budget and all the operations, services, policies, practices and missions of the village; to supervise and direct the working forces; to establish the qualifications for employment and to deploy employees both internally and externally to other police-related assignments or functions; to schedule and assign work; to establish and eliminate specialty positions and to select personnel to fill them; to transfer and reassign employees; to establish work and productivity standards, and, from time to time, to change those standards; to assign overtime; to purchase goads and contract out services; to determine the methods, means, organization and number of personnel by which departmental operations and services shall be made or purchased; to make, alter' and enforce rules, regulations, axders, policies and procedures; to evaluate, promote or demote employees and to establish the standards for such promotions; to establish performance standards; to discipline, suspend and/or discharge non-- probationary employees for just cause (probationary employees without cause); to change or eliminate existing methods, practices, equipment or facilities or .introduce new apes without having to negotiate over the effects of such change; to determine fitness and training needs and to assign employees to training; to determine work hours {shift hours) and to change them from time to time; to determine and implement internal investigation procedures; to take any and all actions as may be necessary to carry out the mission of the Village and the Palice Department in the event of civil. emergency as may be declared by the village President, Police Chief ar their authorized designees, which may include, but are not limited to: riots, civil disorders., tornado conditions, floods or other catastrophes or financial emergencies, and to suspend the terms of this Agreement during such civil emergency; and, to generally carry out the mission of the village. Section 2.2 Authorit of the Plainfield Police Commission. This Agreement is not intended and shall not be construed to diminish or modify the authority of the Plainfield Palice Commission, or any successor to it. The parties hereto expressly recognize the existing authority of the Board. Section 2.3. Work Rules General Orders and Re ulations. The Village may adopt, change or modify work rules., general orders and regulations ("work rules"). The Village agrees to post or make available in the department a copy of its applicable work rules 7 ... where such rules exist in writing. whenevez the Village changes rules or issues new rules applicable to employees, the Union will be given at least three (3) days' pxior notice, absent emergency, before the effective date of the work rules in order that the Union may discuss such rules with the village within that three (3) day period before they became effective if the Union so requests. Section 2.4. No Solicitation. While the Village acknowledges that the Union may conduct solicitation of local merchants, residents or citizens, the Union agrees that none of its officers, agents ar members will solicit any person or entity .far contributions or donations on behalf of the Village of Plainfield or the Plainfield Police Department. The Union agrees that the Village name, shield ar insignia, communication systems, supplies and/ar materials will not be used for solicitation purposes. Solicitation by bargaining unit employees shall not be done on work time. Neither the Chapter nor the Metropolitan Alliance of Police may use the words "Plainfield Police" in its name or describe itself as "Plainfield Police Chapter 53. The foregoing shall not be construed as a prohibition of lawful solicitation on efforts by the Chapter or the Metropolitan Alliance of Police directed to the general public, nor shall it limit the village's right to make public comments concerning solicitation. 8 ~. ARTICLE IxS PERSaNNEL FILES Section 3.1. Review Of Personnel Files. All employees may review their respective personnel files pursuant to the provisions of Section 2000 et seq of Chapter 4$ of the Illinois Revised Statutes. It is agreed that any grievance related to this Section may be processed on~.y up to Step 3 of the grievance procedure. Section 3.2 Pur e of Personnel Fi~.es_ All. employees covered by this Agreement and in receipt of disciplinary action for uniform violations, court appearances, tardiness, squad maintenance and minor accidents will have said violations recorded and removed from the employee's personnel file pursuant to Appendix D, which shall became part of the work Rules, General Orders and Regulations of the Plainfield Police Department. This section shall apply retroactively to any covered employee who has received a written reprimand up to 24 months prior to the execution of this Agreement. For purposes of this policy, "minor accident" shall be defined as any accident involving property damage only, in which the cost of property damage does not exceed five hundred dollars ($500.00). 9 ARTICLE IV UNION SECURITX Section 4.1. Dues Checkoff. While this Agreement is ,~n effect, the Village wi11 deduct from each employee's paycheck once each month the uniform, regular monthly union dues far each employee in the bargaining unit who has filed with the Village a lawful, voluntary, effective .checkoff authorization farm. The Village will honor all executed checkoff authorization forms received not later than ten (10) working days prior to the next deduction date and such authorization farms shall remain in effect until revoked. Total deductions collected for each calendar month shall be remitted by the village to an address provided by the Union not later than the fifteenth (15th) of the following month. The Union agrees to refund to the employee(s) any amounts paid to the Union in attar on account of this dues deduction provision. A Union member desiring to revoke the dues checkoff may do so at any time upon written notice to the Village. Dues shall be withheld and remitted to the Union .unless ar until such time as ,the Village receives a notice of revocation of dues checkoff from an employee, or notice of revocation of dues checkoff from an employee, or notice of. an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available in the employee's, earnings after' withholding all other legal and required deductions. Information concerning dues not deducted under this Article shall be forwarded to the Union, and this action will discharge the Village's only responsibility with regard to such cases. Deductions shall cease at such time as a strike ar work stoppage occurs in violation of Article v of the Agreement (No Strike-No Lockout). Section 4.2. Union Indemnification. The Union shall indemnify, defend and hold harmless the Village and its officials, representatives, employees and agents against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs including attorneys' fees incurred by the village that shall arise out of or by reason of action taken or not taken by the Village in complying with the provisions of this Article. Tf an improper deduction is made, the Union shall refund any such amount directly to the employee. Section 4.3. Bulletin Board. The Village will make bulletin board space available in or proximate to the squad roam for posting of Union notices of meetings, the seniority roster, notices of educational. opportunities, and notices of extra duty opportunities. The Union shall limit its pasting of notices and other materials to such bulletin board. The Union sha11 not use the bulletin board space for pasting abusive or inflammatory or partisan political material. All material. shall be signed and approved by an 10 authorized representative of the Union prior to posting. Section 4.4. Fair Share- Officers under jab classifications listed in Article I, Section 1.1 of this Agreement are nat required to join the Union as a condition of employment, but each such employee shall, during the term of this Agreement, pay a service fee to the Metropolitan Alliance of Police in an amount not to exceed the amount of Union dues for one (1) Union employee per month for the purpose of administering the provisions of this Agreement. The Union shall certify such amount and otherwise comply with the Illinois statutes, 5 ILCS 315/3. Non-members who abject to this fair share fee based upon bona fide religious tenets ox 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 Board and the payment shall be made to said organization. 11 ARTICLE V NO STRIKE NO LOCKOUT Section 5.J.. No Strike- Neither the Union nor any officers, agents or employees will instigate, promote, sponsor, engage in, or condone any strike. sympathy strike, secondary boycott, slowdown, speed-up, sitdown, concerted stoppage of work, concerted refusal to perform overtime, converted abnormal or unapproved enforcement procedures or policies, work-ta-the-rule situation, mass resignations, mass absenteeism, organized interference, or picketing which in any way results in the interruption. ar disruption of the operations of the Village, regardless of the reason for doing so. Each employee who holds the position of officer ar steward of the Union occupies a position of special trust and responsibility in maintaining the bringing about compliance with the 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 obligation under this Agreement and to direct them to return to work. officers who violate this clause shall be subject to discipline. Any grievance filed under this section shall be solely limited to the issue of whether the employee or employees violated this section. Section 5.2. - No Lockout. The Village will not lockout any employees during the term of this Agreement as a result of a labor dispute with the Union.. A "lockout" shall refer to a refusal by the Village to allow employees to workhoursoof~ wo k a d other concession with regard to rates of pay, conditions of employment.' This term does not apply to a reduction in force, curtailment of operations ar disciplinary action involving termination or suspension. i2 ARTICLE VI GRIEVANCE PROCEDURE Section 5.1. Dexinition of Grievance. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. This grievance procedure shall supersede any other village grievance procedure. Sectian 6.2. Grievance Procedure. Recognizing that grievances should be raised and settled promptly, a grievance must be raised by the affected .employee and/or the Union Steward-within seven (7) working days after the occurrence of the event giving rise to the grievance, or within seven (7) working days after the date when the employee ar the Union Steward should, using reasonable. diligence, reasonably have become aware of the event giving ,rise to the grievance, in accord with the following procedure (a working day sha1.1 not include Saturdays, Sundays, and holidays observed by the Village): Stems One: Immediate Su ervisor. The employee shall give written notification of his grievance to his immediate supervisor (sergeant). Such notification shall specifically state that the matter is a grievance under this Agreement and shall include a description of the event giving rise to the grievance, the date of the event, and the specific provision of the Agreement alleged to have been violated and the relief requested. The immediate supervisor shall answer the grievance within seven (7) working days. Std: A eal to Chief. If the grievance is not settled in Step One, or if a timely answer is not given, the patrol officer may, within ten (10) working days following the immediate supervisor's answer or expiration of the tame limit set forth in Step One, file with the Chief of Police a written appeal signed by the employee. The written appeal shall include a description of the event giving rise to the grievance, the date of the event, and the provisian of the Agreement alleged to have been violated and the .basis upon which the grievant believes the grievance was improperly denied at the previous step. The employee and a representative of the Union (if requested by the employee) may meet with the Chief to discuss the grievance at a mutually agreeable time. zf no agreement is reached in such discussion, the Chief ar his designee shall give a written answer within ten (1D) warking days of the date of the discussion. Ste Three: A eal to Villa e Administrator. Xf the grievance is not settled in Step Two, ar if a timely answer is not given, the employee may, within ten (10) working days thereafter, file with the village Administrator a written appeal signed by the 13 employee. The employee and a representative of the Union (if requested by employee) will meet with the Village Administrator or its designee to discuss the grievance at a mutually agreeable time. If no agreement is reached in such discussion, the Village Administrator or its designee will give its answer in writing within ten (l0} working days of the date of the discussion. Step Four: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the village Administrator within ten (10) working days after receipt of the Village Administrator's answer in Step Three. A. If the parties are unable to agree upon an arbitrator within ten (10) working days after the Village receives the notice of referral, they sha11 jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators, all of wham shall be members in good standing of the National Academy of Arbitrators, and all of wham sha11 maintain business offices in the States of T1linois, Indiana, Michigan, Wisconsin or Iowa. Upon receipt of the panel., the Union shall strike two names and the Village shall then strike two names, and the person whose name remains shall be the arbitrator, provided that either party, before striking any names, shall have the right to reject one panel. of arbitrators in its entirety and request that a new panel be submitted. S. The arbitrator shall be notified of his selection and shall be asked to set a time and place for hearing, subject to the availability of Village and Union representatives. Upon the request of either party, the arbitrator shall have the powex' to require the presence of a reasonable number of witnesses or documents. C. The arbitrator sha11 have no power, in his decision or award,. to amend, modify, nullify, ignore, add to, or subtract from the provision of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or ma.sapplication of the specific provisions of this Agreement. He sha11 consider and decide only the specific issue submitted to him as raised and presented in writing at Step one and shall have na authority to make his decision on any issue not so submitted. His decision shall be based solely upon an interpretation of the meaning or application of this Agreement to the facts of the grievance presented. Mare than one grievance may be submitted to the same arbitrator if both parties mutually agree in writing. The arbitrator shall. submit in writing his decision within thirty (30) calendar days following close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension. In the event the arbitrator finds a violation 14 of the Agreement, he shall determine an appropriate remedy. However, the arbitrator sha11 have no authority to make any decision or award which is in any way contrary to or inconsistent with the applicable laws or rules and regulations of administrative bodies that have the force and effect of law. Nor shall the arbitrator have any authority to limit or interfere with the powers, duties and responsibilities of the Village ar its Police, Commission under applicable statutory and case law. Any decision or award of the arbitrator rendered. consistent with this Article, shall be final and binding on the parties. The costs of the arbitration, including the fee and expenses of the arbitration and the cost of the court reporter and written transcript, if any, shall be divided equally between the Village and the Union. Each party shall be responsible for compensating its own representatives and witnesses. Section 6.3. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth in Section 6.2. rf 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. Tf a grievance is .not appealed within the time limits for appeal set forth above, it shall be deemed settled an the basis of the last answer of the Vi~.lage and shall not be subject to further appeal. If the village fails to provide an answer within the time limits so provided, the Union may immediately appeal to the next step. Section 6.4. Investi ation an Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with Village operations. No time spent on grievances or other Union related matters by employees shall be considered time worked for compensation purposes unless the Police Chief provides written authorization to the contrary. Section 6.5. Suspension or Termination. It is understood that promotion, demotion, discipline, and discharge axe subject to the jurisdiction of the Chief and the Plainfield Police Commission (or any successor to it) and are not subject to this grievance procedure. However, in the event the Chief takes action against an employee to impose suspension or present charges to the Plainfield Police Commission, the employee and a representative of the Union may .request a meeting with the Chief to discuss the matter. 15 • e ARTICLE MY HOURS OF WORK AND OVERTIME Section 7.1. Pu. r~se• This Article defines the normal hours of work, and establishes -the basis for the calculation of overtime. It is not, however, a guarantee of hours of work per day, work period, month or year. It is not intended to establish a right to compensation in any form far time not worked except as specifically provided for in this Article. Section 7.2. Shift Schedule. The Village shah. establish the work schedules for police officers which may be changed from time to time by the Village as circumstances warrant, and if a change in the present shift scheduling, system will affect a major portion of the bargaining unit, before implementing such changes, the Chief or his designee will discuss such changes with bargaina.ng unit representatives. While the village will be the sole determinant of any changes, prior to implementing any changes, the Village shall give affected employees at least fifteen ( 15 ) calendar days notice, if passible, as determined by the Chief. Where the change only affects one ar two officers, the Village will take reasonable steps, to obtain volunteers for the change before the change is made. The Village sha11 provide to all employees covered by this Agreement, a written schedule for work at least thirty (30) days prior to its effective date. Sectian 7.3. Normal Workday_• Except as provided elsewhere in this Article, the normal work week shall consist of five (5) eight (8) hour and/or four (4) ten (].0) hour days, while normal workday shall consist of either eight (8) hours or ten (10) hours, including a one-half (1/2) hour paid lunch and two (2) fifteen (15) minute paid breaks. If an officer's lunch is seriously interrupted by emergency work duties, the officer shall be allowed to take additional time off for lunch to account for his thirty (30) minute lunch period, work permitting. Prior to utilizing break time, the officer will obtain the perm~.ssion of the sergeant if on duty or the shift commander. Officers assigned to ten-hour shifts will. have holidays, vacation and sick time computed to hours, rather than days. Section 7.4. Overtime Hours. ~'or purposes. of overtime calculation, hours worked shall mean and include all hours actually worked, including but not limited to; vacation time, .sick leave, general leave time, holiday time and any other authorized paid time off. Sectian 7.5. Assi nment of Overtime. The parties agree that current circumstances do not allow the development of a practical overtime assignment procedure. Should those circumstances change in such a manner so as to allow the development of an overtime assignment procedure, the parties agree to meet for the purpose of 16 V. negotiating the deve~.opment and implementation of said procedure. Section 7.6. Court Time. An officer who is required by the village to be in court while off duty, shall be compensated at one and one-half ( 1--1/2 ) times his regular hourly rate of pay for hours spent on court time, with. a minimum of two (2) hours compensated. Section 7.7. Call-Back Pa_y. A "callback" is defined as an official assignment of work which does not continuously precede or follow an officer's regularly scheduled working hours. Call-backs shall be compensated at time and one-half (1--1/2) for all hours worked on call-back. A minimum of two (2) hours' pay will be guaranteed for all call-backs. Officers shall be afforded a minimum of one (1) hour pay for range practice and departmental meetings. Section 7.8. Cam ensator Time O Lion. Compensatory time may be earned by covered employees in lieu of monetary compensation far hours worked at the overtime rate of pay in the following manner: ]., Employees may accumulate up to a maximum of one hundred sixty (].60) hours of compensatory time, except that an officer may accumulate more than one hundred and sixty hours of compensatory time upon written request to and written permission from the village Administrator. 2. Compensatory time absence from work shall be upon proper application to and with the approval of the Chief of Police or his designee. 3. Compensation for hours worked at the overtime rate of pay shall be either, earned compensatory time credited to the affected officer or monetary compensation., such choice shall be at the officer' s discretion and made at the time the hours are earned. 4. Compensatory time accrued shall be used within a twelve (12) month period except that officers shall be allowed to carry over eighty (80) hours from year to year xn the event that an officer does not utilize compensatory time in a timely fashion due to work requirements beyond the employee's control, the employee may request, in writing, a continuation of accrual from the village Administrator. 5. Upon separation, either through termination, retirement or resignation, the officer will be compensated time accrued up to the one hundred and sixty (16Q ) hour limit. Section 7.9. Required Overtime. The Chief of Police or his designee(s) shall have the right to require overtime work and officers may not refuse overtime assignments. 17