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.
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VILLAGE. LERK
APPROVED THIS 17th DAY OF April 1995.
PRESIDENT
_AT'1'EST
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VILLAGE LERK
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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
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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.
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Enclosure
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AGREEMENT
BETWEEN
TIE VILLAGE OF PLAINFIELD, ILLINOIS
AND
METROPOLITAN ALLIANCE OF POLICE
PLAINFIELD CHAPTER #93 ,y
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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
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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
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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
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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:
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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.
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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
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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.
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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).
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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