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Home My WebLink AboutIFOP Civilian through 4/30/29ILLINOIS FOP LABOR COUNCIL and CITY OF MCHENRY Telecom municators, Community Service Officers and Records Clerks May 1, 2025 —April 30, 2029 Springfield - Phone: 217-698-9433 / Fax: 217-698-9487 Western Springs - Phone: 708-784-1010 / Fax: 708-784.0058 Web Address: www.foi).org 24-hour Critical Incident Hot Line: 877-IFOP911 PREAMBLE...................................................................................................................................I ARTICLE 1 RECOGNITION......................................................................................................I Section1.1 Recognition.............................................................................................................. 1 Section 1.2 Duty of Fair Representation..................................................................................... I Section 1.3 New Classifications................................................................................................. I Section 1.4 Lead Telecommunicators......................................................................................... 2 ARTICLE 2 UNION SECURITY AND RIGHTS......................................................................2 Section2.1 Dues Clieck-Off....................................................................................................... 2 Section 2.2 Bulletin Board.......................................................................................................... 3 Section 2.3 Union Indemnification............................................................................................. 3 Section 2.4 Union Stewards........................................................................................................ 3 ARTICLE 3 MANAGEMENT RIGHTS.....................................................................................3 ARTICLE 4 LABOR-MANAGEMENT MEETINGS...............................................................4 Section 4.1 Meeting Request...................................................................................................... 4 Section4.2 Content..................................................................................................................... 4 Section4.3 Attendance............................................................................................................... 4 ARTICLE 5 HOURS OF WORK AND OVERTIME...............................................................4 Section 5.1 General Provisions................................................................................................... 4 Section 5.2 Normal Work Period, Workday and Work Schedule .............................................. 5 Section 5.3 Court and Training Time......................................................................................... 5 Section5.4 Call Back Pay........................................................................................................... 6 Section 5.5 Compensatory Time................................................................................................. 6 Section 5.6 Overtime Assignments -Overtime Opportunities..................................................... 6 Section5.7 Shift Trades.............................................................................................................. 8 Section 5.8 Shift Assignments and Bidding............................................................................... 8 Section5.9 Training Pay............................................................................................................. 9 ARTICLE 6 SENIORITY, LAYOFF AND RECALL...............................................................9 Section 6.1 Definition of Seniority............................................................................................. 9 Section 6.2 Probationary Period................................................................................................. 9 Section6.3 Seniority List............................................................................................................ 9 Section6.4 Layoff....................................................................................................................... 9 Section6.5 Recall..................................................................................................................... 10 Section 6.6 Termination of Seniority........................................................................................ 10 ARTICLE 7 DISCIPLINE..........................................................................................................11 Section7.1 Discipline............................................................................................................... 11 Section 7.2 Progressive Discipline........................................................................................... 11 Section 7.3 Interrogation Rights............................................................................................... 11 Section 7.4 Pre -disciplinary Conference................................................................................... 12 Section 7.5 Grievance Arbitration............................................................................................ 12 ARTICLE 8 GRIEVANCE PROCEDURE..............................................................................12 Section8.1 Definition............................................................................................................... 13 Section8.2 Procedure............................................................................................................... 13 Section8.3 Arbitration., ............................................................................................................ 14 Section 8.4 Limitations on Authority of Arbitrator.................................................................. 14 ARTICLE 9 NO STRIKE -NO LOCKOUT..............................................................................15 Section 9.1 Strikes Prohibited................................................................................................... 15 Section 9.2 Job Actions Prohibited........................................................................................... 15 Section 9.3 Violations of this Article........................................................................................ 15 Section 9.4 Council Notification of Employees....................................................................... 15 Section9.5 No Lockout............................................................................................................ 15 Section 9.6 Judicial Relief........................................................................................................ 15 ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE......................................16 Section10.1 Holidays............................................................................................................... 16 Section 10.2 Eligibility Requirements...................................................................................... 16 Section10.3 Holiday Pay.......................................................................................................... 16 Section 10.4 Personal Business Leave...................................................................................... 17 ARTICLE 11 VACATIONS.......................................................................................................17 Section 11.1 Eligibility and Allowances................................................................................... 17 Section11.2 Vacation Pay........................................................................................................ 18 Section 11.3 Scheduling and Accrual....................................................................................... 18 ARTICLE 12 SICK LEAVE.......................................................................................................20 Section 12.1 Purpose and Allowance........................................................................................ 20 Section 12.2 Hours Earned in Accumulation............................................................................ 20 Section 12.3 Notification.......................................................................................................... 21 Section 12.4 Medical Examination........................................................................................... 21 Section 12.5 Sick Leave Utilization.......................................................................................... 21 Section 12.6 Unused Sick Leave.............................................................................................. 21 ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE..........................................................22 Section 13.1 Unpaid Discretionary Leaves............................................................................... 22 Section 13.2 Military Leave...................................................................................................... 22 Section 13.3 Bereavement Leave.............................................................................................. 22 Section13.4 Jury Leave............................................................................................................ 23 Section 13.5 Family and Medical Leave Act ("FMLA") Leave ............................................... 23 Section 13.6 Application for Leave.......................................................................................... 23 Section 13.7 Benefits While on Unpaid Discretionary Leave .................................................. 23 Section 13.8 Non -Employment Elsewhere............................................................................... 24 ARTICLE 14 WAGES................................................................................................................24 Section14.1 Base Wage........................................................................................................... 24 Section 14.2 Tuition Reimbursement....................................................................................... 24 Section 14.3 Deferred Compensation Plan(457K)................................................................... 24 Section 14.4 Lateral Transfers.................................................................................................. 24 ARTICLE 15 UNIFORM ALLOWANCE................................................................................25 Section 15.1 Initial Uniform..................................................................................................... 25 Section 15.2 Uniform Allowances and Reimbursement of Uniform Cleaning Expenses ........ 25 Section 15.3 Return of Uniforms and Equipment..................................................................... 25 ARTICLE 16 INSURANCE........................................................................................................25 Section 16.1 Coverage and Cost............................................................................................... 25 Section 16.2 Cost Containment................................................................................................. 25 Section16.3 Life Insurance...................................................................................................... 26 Section 16.4 "terms of Insurance Policies to Govern................................................................ 26 Section 16.5 Waiver of Insurance............................................................................................. 26 Section 16.6 Employee Deductible and Co -Insurance Costs .................................................... 26 ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING..........................................28 Section 17.1 Statement of Policy.............................................................................................. 28 10 Section 17.2 Prohibitions.......................................................................................................... 28 Section 17.3 Drug and Alcohol Testing Permitted................................................................... 28 Section 17.4 Order to Submit to Testing.................................................................................. 29 Section 17.5 Test to be Conducted........................................................................................... 29 Section 17.6 Disciplinary Action.............................................................................................. 30 Section 17.7 Voluntary Request for Assistance........................................................................ 31 Section17.8 Treatment............................................................................................................. 31 ARTICLE 18 EMPLOYEE STATUTORY RIGHTS..............................................................32 Section 18.1 Personnel Files..................................................................................................... 32 Section 18.2Indemnification....................................................................................................32 Section 18.3 Access to Arbitration........................................................................................... 32 ARTICLE 19 GENERAL PROVISIONS..................................................................................32 Section19.1 Gender.................................................................................................................. 32 Section 19.2 Ratification and Amendment............................................................................... 32 Section 19.3 Fitness Examinations........................................................................................... 32 Section 19.4 Outside Employment........................................................................................... 32 Section19.5 No Smoking......................................................................................................... 33 Section 19.6 Special Assignment Employees........................................................................... 33 Section 19.7 Rules and Regulations.......................................................................................... 33 Section 19.8Inoculations..........................................................................................................34 Section 19.9 Communicable Diseases...................................................................................... 34 Section 19.10 Replacement of Personal Property ..................................................................... 34 Section 19.11 Location of Meetings......................................................................................... 34 Section 19.12 No Solicitation................................................................................................... 34 ARTICLE 20 SAVINGS CLAUSE............................................................................................35 ARTICLE 21 IMPASSE RESOLUTION..................................................................................35 ARTICLE 22 ENTIRE AGREEMENT.....................................................................................35 ARTICLE 23 TERM OF AGREEMENT.................................................................................36 APPENDIX A - WAGE SCHEDULES......................................................................................38 APPENDIX B - AGREEMENT TO EXTEND TIME LIMITS ..............................................39 APPENDIX C - DUES AUTHORIZATION FORM................................................................40 Im PREAMBLE THIS AGREEMENT entered into by the CITY OF MCHLNRY. ILLINOIS (hereinafter referred to as the "City" or the "Employer") and the ILLINOIS FOP LABOR COUNCIL (hereinafter referred to as the "Union" or "Council" or "Labor Council") is in recognition of the Unions status as the representative of the City's non -sworn full-time Lead Telecommunicators, Telecommunicators, Community Service Officers, and Records Clerks in the Police Department, and has as its intent and purpose being the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operations of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE 1 RECOGNITION Section 1.1 Recognition hn accordance Case Number: S-UC-(S)-18-027 with the Illinois State Labor Relations Board's (ISLRB) Certification of Representative dated March 7, 2013, the City recognizes the Union as the sole and exclusive collective bargaining representative for employees in bargaining Unit II defined as all full- time Lead Telecommunicators, Telecommunicators, Community Service Officers, and Records Clerks employed by the Police Department of the City (hereinafter referred to as "employees"), but excluding all other employees, including, but not limited to: all sworn officers covered by the Unit I collective bargaining agreement (as defined therein); the Telecommunications Supervisor, Records Supervisor, Secretary to the Chief of Police; all part-time or temporary employees including part-time school crossing guards; all non -Police Department employees; and all managerial, supervisory, confidential, professional, short-term, security and craft employees, as defined by the IPLRA (Illinois Public Labor Relations Act). Section 1.2 Duty of Fair Representation The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Agreement, and Council agrees to fulfill its duty to fairly represent all employees in the bargaining unit whether or not they are members of the Union. Section 1.3 New Classifications The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement, or whose functions are similar to employees in this bargaining unit, and the new job classification may fall within the bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Employer and Council agree to jointly petition the ILRB (Illinois Labor Relations Board) to seek the necessary unit clarification. The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification. Section 1.4 Lead Telecomnuuricators The position of Lead Telecommunicator shall be appointed by and serve at the discretion of the Chief of Police. Appointment to the position of Lead TeleeommunleatOr shall be made from within the department. If the City, in its discretion, determines there is no qualified internal candidate for the position, it may appoint a candidate from outside the organization. In the event a Lead Telecommunicator either voluntarily surrenders the position or is demoted for cause, they shall then be assigned the position of Telecommunicator provided a position is available. If there is no available Telecommunicator position, the City shall follow the language set forth in Section 6.4 (Layoff) of this agreement. ARTICLE 2 UNION SECURITY AND RIGHTS Section 2.1 Dues Check -Off While this Agreement is in effect, the City will deduct the appropriate bi-weekly amount of dues from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check off authorization form. Check -off authorization forms shall be supplied to the City by the Union and will be provided to newly hired employees at the same time such employees are requested to complete other required employment documents. The City will honor all executed check off authorization forms received no later than ten (10) working days (i.e., days the City's administrative offices are open) prior to the next deduction date. If a conflict exists between the check -off authorization form and this Article, the terms of this Article and Agreement control. The City shall provide the Union with all opportunity to meet with all newly hired bargaining writ members on or before their respective starting dates for the purpose of explaining the benefits of membership in the Union. This privilege is subject to being discontinued in the event that a labor organization other than the Union should file a valid representation petition with the ISLRB claiming to represent a majority of the bargaining unit members. Total deductions collected for each month shall be remitted by the City to the Council by the tenth (10t") of the following month, together with a list of employees for whom deductions have been made. Dues deducted shalt be sent to the official address designated in writing to the Employer by the Council. The Union agrees to refund to the employee any amount paid to the Council in error on account of this dues deduction provision. Dues shall be withheld and remitted to the Council unless or until such time as the City receives ten (10) working days written notice of revocation of dues check -off from an employee, or other timely 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 City's only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semi- annually, the City shall provide the Union with a list of all employees in the bargaining unit, their dues status, and the amount paid in the previous six-month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article 9 (No Strike -No Lockout). The actual dues amounts to be deducted shall be certified in writing to the City by the Council. Dues shall be uniform in dollar amount for all employees in order to case the Employer's burden of administering this provision. The Council may change the fixed uniform dollar amounts of its regular monthly dues fees once each calendar year during the life of this Agreement. The Council will give the 2 City thirty (30) calendar days' notice of any such change in the amount of uniform dues to be deducted. Bona fide religious objections to the payment of dues shall be resolved consistent with the provisions of the IPLRA, or as amended, and the rules of the State Labor Board. Section 2.2 Bulletin Board The City will make available space on a bulletin board in the Police Department for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which are not defamatory or derogatory in nature. The Union will limit the posting of Union business to such bulletin board. The posting of political materials shall be limited to notice of meetings wherein political issues will be addressed, proposed agenda of political topics to be discussed, and the posting of any final action taken by the Council with respect to said political issues via the posting of meeting minutes. Section 2.3 Union Indemnification The Union shall indenuiify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.4 Union Stewards For purposes of the Agreement, the term "Union Stewards" shall refer to Union employees designated by the bargaining unit as representatives of the bargaining unit and "Union Stewards" shall refer to the Union's duly elected union stewards. The Union will maintain (and keep current) with the Employer a complete written list of its Union Stewards and other agents (including their addresses and telephone numbers) who will deal with the City. ARTICLE 3 MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including, but not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the police department's mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to schedule and assign work and work duties; to assign overtime; to establish and enforce work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Agreement or by other employees or non -employees not covered by this Agreement (provided such action does not result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or discipline for just cause; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster of civil emergencies as may be formally declared by the Mayor or his designee, the provisions of this agreement notwithstanding. It is the sole discretion of the Mayor or his designee to declare that a local disaster of civil emergency 3 condition exists. In the event of such cinergency action, the provisions of this Agreement may be suspended. A local disaster of civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. ARTICLE 4 LABOR-MANAGEMENT MEETINGS Section 4.1 Meeting Request The Council and the City agree that, in the interest of efficient management and harmonious employee relations, meetings be held up to once quarterly at the request of either party or at other times mutually agreed between Council representatives and the Chief and/or the City Administrator. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management meeting" and expressly providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Agreement; (b) a sharing of general information of interest to the parties; (c) notifying the Council of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. Section 4.2 Comment It is expressly understood and agreed that such meeting shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor- management meetings" nor shall negotiations for the purpose of adding to or altering any of the terms of this Agreement be carried on at such meetings. Section 4.3 Attendance Attendance at labor-management meetings shall be voluntary on the employee's part, and attendance by off -duty personnel during such meetings shall not be considered time worked for compensation purposes. If, at the quarterly labor management meeting or meetings, scheduled at the request or consent of the City during the regularly scheduled duty hours of one or two employee Union representatives, and if it is mutually agreed between the Chief or his designee and the Union, such employee Union representative(s) shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) persons from each side shall attend these meetings, schedules permitting. ARTICLE 5 HOURS OF WORK AND OVERTIME Section 5.1 General Provisions Purpose of Article: The Sole purpose of this Article is to provide a basis for the calculation of straight time, overtime and other premium wages. The Employer's pay records, practices, policies and other procedures shall govern the payment of all wages. For the purposes of this Article, Shift Employees shall include Lead TelEeormm1inicators and Telecommunicators. Non -Shift Employees shall include Community Service Officers and Records Clerks. No Guarantee of Work: Nothing in this Article shall be construed as a guarantee of hours of work. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provide for in this Agreement. No Pyramiding: Compensation shall not be paid more than once for the same hours under any provision of this Agreement. Section 5.2 Normal Work Period, Workday and Work Schedule Shift Employees' normal work schedules are as follows: Shift A: 6:00 AM — 6:00 PM Sunday through Tuesday, plus every other Saturday Shift B: 6:00 PM — 6:00 AM Sunday through Tuesday, plus every other Saturday Shift C: 6:00 AM — 6:00 PM Wednesday through Friday, plus every other Saturday Shift D: 6:00 PM — 6:00 AM Wednesday through Friday, plus every other Saturday Employees shall work what is commonly referred to the 3-4 (12) twelve-hour schedule, with a bi-weekly Saturday requirement. The normal workday for shift employees is twelve (12) hours for three (3) days, followed by four (4) days off, except that for every other Saturday shift employees will work a twelve (12) hour shift. The shift employee schedule is based on an eighty (80) hour work week plus a mandatory four (4) hours of additional time worked every other Saturday. The four (4) hours of additional time worked every other Saturday can be taken either in pay or compensatory time in accordance with sections 5.5 Compensatory Time and 5.6 Overtime Assignments. The workday includes a paid forty-five (45) minute lunch break. Except in an emergency, employees shall not be required to work more than twelve (12) hours in any twenty-four (24) hour period. Employees may sign up for overtime but may not work more than sixteen (16) hours in any twenty-four (24) hour period. Changes in Normal Work Period, Workday and Work Schedule: Subject to the provisions of Section 5.8 herein, should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours' notice to the individuals affected by any such change. The Employer will not change work schedules for the purpose of avoiding the payment of overtime. Section 5.3 Court and Training Time Employees who would otherwise be off -duty shall be paid a minimum of two (2) hours pay at their applicable overtime rate of pay for all hours worked when (1) appearing in court on behalf of the City in the capacity of a police department employee, or (2) when preparing for an off -duty court appearance when in the presence of a prosecuting attorney, or (3) when participating in mandatory off -duty training exercises. The two (2) hour minimum shall not apply where (1) the court or training time precedes within two (2) hours of the employee's regular work shift or (2) the court or training time immediately follows an employee's regular work shift. Lunch periods in connection with court time shall not be counted toward hours worked. Employees driving to/fron approved seminars or training should use a City vehicle for this purpose. If a City vehicle is not available, or upon prior approval of the City Administrator, the use of an employee's personal vehicle may be allowed. Expenses for the use of a personal vehicle may be reimbursed up to the current IRS rate. Employees who are enrolled in pre - approved seminars or training at facilities located more than seventy-five (75) miles from the City of McHenry (or an any other time at the discretion of the City) may be encouraged to utilize lodging at the site of the training rather than rely on mileage reimbursements. Employees should seek the approval of the City Administrator prior to daily driving to and from training at locations greater than seventy-five (75) miles. Any training scheduled on a twelve (12) hour work day that is scheduled for eight (8) hours constitutes a twelve (12) hour work day. To compensate covered members for attending training classes outside of McHenry, Lake or Boone Counties, covered members shall receive one (1) hour of travel time per day at the employee's regular rate of pay not to exceed ten (10) hours in any fiscal year. Section 5.4 Call Back Pay A call back is defined as a work assignment which does not immediately precede or follow an employee's regular scheduled working hours. An employee called back to work after having left work shall receive a minimum of two (2) hours pay at overtime rates, unless the individual is called back by their supervisor to rectify their own error. Section 5.5 Compensatory Time Lead Telecommunicators /Telecommunicators: Employees shall be permitted to accrue forty-eight (48) hours of compensatory time. Once they use any part of their compensatory time bank, they may replenish the time to a maximum of forty-eight (48) hours at any time. Compensatory time off shall be used in a minimum of one (1) hour increments and counted towards hours of work for purposes of calculating overtime. Compensatory time off requests shall be granted at the discretion of the Chief of Police or designee; such approval not to be unreasonably withheld. Accumulated compensatory time shall be paid to the affected employee on the first scheduled payroll in the next calendar year. Employees shall be permitted to carry a maximum accumulation of twenty-four (24) hours of their compensatory time from year to year. Volunteers to work overtime for another employee taking compensatory time shall be required to receive a cash payout and not receive compensatory time. Overtime rates will apply. Records Clerks / CSOs: Employees shall be permitted to accrue forty (40) hours of compensatory time. Once they use any part of their compensatory time bank, they may replenish the time to a maximum of forty (40) hours at any time. Compensatory time off shall be used in a minimum of one (1) hour increments and counted towards hour of work for purposes of calculating overtime. Compensatory time off requests shall be granted at the discretion of the Chief of Police or designee; such approval not to be unreasonably withheld. Accumulated compensatory time shall be paid to the affected employee on the first scheduled payroll in the next calendaryear. Employees shall be permitted to carry a maximum accumulation of twenty-four (24) hours of their compensatory time from year to year. Section 5.6 Overtime Assienunents-Overtime Opportunities The Chief of Police or designee shall have the right to require overtime work, and employees may not refuse overtime assignments. Also, specific employees may be selected for special assignments based upon specific skills, ability and experience they may possess. Overtime shall be based on any hours worked or paid, except for sick hours outside of the regularly scheduled eighty (80) hour work period. Manpower Overtime is assigned on a rotating seniority basis with a seniority list that resets every calendar month. When initial vacancies occur from benefit time taken, Telecommunicators who exercise their seniority to fill at least eight (8) hours of the shift vacancy will be moved to the bottom of the order back list in order of the calendar date of overtime taken prior to required mandates being issued. Rotating Order Back List: The rotating order back list will be renewed on the Ist of every month at 0600 hours in order of Telecommunicators from least seniority to most seniority. When a vacancy occurs from benefit time or sick leave and hours are not filled by normal overtime procedures the TeleconnnLill icator at the top of the list on their RDO will be ordered back to work the hours of the vacancy. The Teleconmunicator ordered back will then be moved to the bottom of the rotating order back list, and the next least seniority Telecommunicator will move to the top of the list. For the purposes of this process, the rotating order back list will be a "live document" updated by the Dispatch Center Supervisor and/or Lead Telecommunicators, and viewable access for all bargaining unit members will be available. Lead Telecommunicators / Telecommunicators: When regular shift required overtime becomes available, it will be offered in the following steps: Shift Shortage with no Lead Telecorrunrmicator working the short shift I. The entire time block shall be first offered by seniority to the Lead Telecommunicators not scheduled to work on the day of the overtime opportunity. 2. The entire time block shall then be offered by seniority to the full-time Telecommunicators not scheduled to work on the day of the overtime opportunity. If still not filled, 3. In no less than two (2) hour increments, first the Lead Telecommunicators by seniority will be offered the overtime, then by seniority the Telecommunicators will be offered the overtime. a. If a Lead Telecommunicator or Telecommunicator with less seniority volunteers for more hours than another, that overtime opportunity will be awarded to the full-time employee volunteering for the most hours, regardless of seniority. 4. Any remaining available homy will be offered to Part -Time Telecommunicators. 5. If the hours remain unfilled, using the rotating order back list a Telecommunicator who is scheduled to be off duty oil their RDO will be ordered to work the required overtime. 6. If no Telecommunicator is available to fill the hours, a Lead Telecommunicator who is scheduled to be off duty will be ordered to work the required overtime. For the purposes of this process, seniority for Lead Telecommunicators shall be determined by date/time of appointment to that classification. Shift Shortage with a Lead Telecommunicator working the short shift 1. The entire time block shall be first offered by seniority to the full-time Telecommunicators not scheduled to work on the day of the overtime opportunity. 2. The entire time block shall then be offered by seniority to the Lead Telecommunicators not scheduled to work on the day of the overtime opportunity. If still not fulled, 3. In no less than two (2) hour increments, first the Telecommunicators by seniority will be offered the overtime, then by seniority the Lead Telecommunicators will be offered the overtime. a. If a Lead Telecommunicator or Telecommunicator with less seniority volunteers for more hours than another, that overtime opportunity will be awarded to the full-time employee volunteering for the most hours, regardless of seniority. 4. Any remaining available hours will be offered to Part -Time Telecommunicators. 5. If the hours remain unfilled, using the rotating order back list a Telecommunicator who is scheduled to be off duty on their RDO will be ordered to work the required overtime. 6. If no Teleeommunieator is available to fill the hours, a Lead Telecommunicator who is scheduled to be off duty will be ordered to work the required overtime. For the purposes of this process, seniority for Lead Telecommunicators shall be determined by date/time of appointment to that classification. If the Dispatch Center Supervisor is not working, a Lead Telecommunicator will make the notifications necessary to follow the above -described method of allocation of overtime. If a Lead Telecommunicator is not working, members of the bargaining unit will make the notifications necessary to complete the process. If a member needs to be ordered to report for duty based on step 5, the Dispatch Center supervisor or a Lead Telecommunicator will make the order. In the event they are not working, the on - duty Patrol Sergeant or Patrol Officer -In -Charge will order the employee to report for duty. If an error in providing these opportunities occurs, the only relief available to the member of the bargaining unit who has lost out on an overtime opportunity will be limited to giving that employee the primary right to work overtime when the next overtime opportunity exists, provided that each step has been followed correctly. Employees who volunteer for an overtime assignment, regardless of full-time or part-time status, cannot be removed from that assignment by a more senior employee unless they volunteer to give it up. Section 5.7 Shift Trades By mutual agreement an employee may trade work shifts with another employee, provided that the trade: (a) has been requested at least one (1) workday in advance, (b) does not adversely interfere with the operations of the department or an employee's training and (c) is approved by the Chief of Police or designee; such approval not to be unreasonably withheld. An employee on their traded day off shall not be subject to the shift shortage overtime requirements, except in the case of an emergency as determined by the Chief of Police or designee. Section 5.8 Shift Assignments and Biddina Consistent with the following limitations, as well as scheduling and staffing requirements. Bargaining Unit employees shall be able to exercise their seniority for selection of shift assignments. Such selections, as limited by the bidding limitations specified below, shall be made on an annual basis, based upon seniority as of the date the period of shift bidding commences. Shift bidding for the next calendar year will commence on September 1 for all bargaining unit members. Lead Telecommunicators and Telecommunicators will bid by ranking all shifts one (1) through four (4), with one (1) being the most preferred and four (4) being the least preferred. When shift bidding has concluded, Lead Telecommunicators and Telecommunicators will then bid for the Saturday shifts by ranking them from most preferred to least preferred. Shift bidding and Saturday bidding will conclude by September 30"' of each year. Upon completion of the bidding process, the City will complete shift assignments, and reserves the right to increase staffing, as the City, in its sole discretion, deems appropriate. Bidding Limitations: Lead Telecommunicators, Telecommunicators, and Community Service Officers shall bid their shifts by seniority until all shifts have been filled. In the event the City only has one (1) shift available for a job classification or only one (1) employee within a classification, no shift bidding Will occur. Shift Vacancies: If after shift bidding is complete, a vacancy occurs (60 calendar days or longer), the vacancy will be offered by seniority until the shift is filled voluntarily. Any remaining vacancies created will be reasonably filled by the Chief of Police or designee. No further bidding of shifts will occur until the normal annual shift bidding procedure occurs. The shift bidding provisions above shall begin on September Ist to be effective for the calendar year beginning January Ist and shall continue thereafter in subsequent calendar years. Section 5.9 Training Pay Employees who act as trainers shall be compensated at a rate of one (1) hour of the trainer's regular hourly rate for each shift during which they have trained for at least three (3) hours. No more than two (2) trainers can receive the one (1) hour compensation per trainee per day. Employees who act as trainers shall be compensated at a rate of one & one-half (1+1/2) hour of the trainer's regular hourly rate for each shift during which they have trained for a full twelve (12) hours. ARTICLE 6 SENIORITY LAYOFF AND RECALL Section 6.1 Definition of Seniority For purposes of this Agreement, seniority shall be defined as an employee's length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during suspensions of thirty (30) days or less. Seniority shall accumulate from the first day of an authorized unpaid leave of absence or lay off for a period of one year from the date of leave or layoff. Conflicts of seniority shall be determined on the basis of the order of the employee's names on the eligibility list from which they were hired. Section 6.2 ProbationarV Period All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of twelve (12) months of work. Time absent from duty or not served for any reason such as, including but not limited to: unpaid leave of absence, duty related injury or illness, jury duty, military leave, etc. shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Agreement, except that during an employee's probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure to contest a layoff or termination. Furthermore, there shall be no seniority among probationary employees for purposes of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to his last date of hire with the City in a position covered by this Agreement. Section 6.3 Seniority List On or about September 1"each year, the City will provide the Union with a seniority list of all employees in the bargaining unit setting forth each employee's seniority date and rank. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within thirty (30) calendar days after the Union's receipt of the list. Upon request in writing to the Police Chief, an updated seniority list will be provided to the Union dining the course of the year. Section 6.4 Layoff The City, at its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Agreement will be laid off in accordance with their length of service, provided that, however, probationary employees shall be selected for layoff based on relative skill and ability as determined by the Chief, and provided further that the remaining employees are qualified to do the remaining work without further training. In the event a non -probationary employee is laid off ahead of a probationary employee subject to the aforementioned provision, said non -probationary employee or employees shall be given an additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 6.6. Section 6.5 Recall Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff, for a period of twelve (12) months. If there is a recall, employees who are still on the recall list shall be recalled, in the reverse order of their layoff, provided they meet the City's medical, physical fitness, and mental standards and are filly qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as he remains on the recall list. An employee's seniority will be terminated if he fails such standards upon a second recall. Employees who are eligible for recall shall be given at least thirty (30) calendar days' notice of recall with the first of the thirty (30) days being the date the notice to the employee is postmarked. The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Police Chief or designee of his intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than thirty (30) days from the date of postmark of the notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of each employee to provide the Police Chief or designee with his latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, his name shall be removed from the recall list. If the City has not heard from the employee within thirty (30) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee's name shall be removed from the recall list. Section 6.6 Termination of Seniority Seniority for all purposes and the employment relationship shall be terminated if the employee: (a) quits; retires or is retired; (b) is discharged forjustcause; (c) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Chief; (d) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation; (e) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 6.5 of this Agreement; (f) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or (g) is absent for three (3) consecutive working days without notification to or authorization from the City. 10 ARTICLE 7 DISCIPLINE Section 7.1 Discipline The parties recognize that the Board of Police Commissioners of the City of McHenry has no statutory authority over the employees covered by this Labor Agreement. The City agrees that non -probationary covered members may be disciplined only for Just Cause. Any employee who violates any rule, regulation, or policy, of the City of McHenry or the City of McHenry Police Department, or who otherwise engages in misconduct, or whose performance is deficient may be subject to disciplinary action. The Collective Bargaining Agreement between the City of McHenry and the collective bargaining unit shall take precedence over the Personnel Policies and Procedures Manual of the City of McHenry in the case of conflicting language. This Section shall not be interpreted as a waiver of any bargaining right by the Union. An unpaid suspension day will be defined as a block up to eight (8) hours. Example: Management implements a two (2) day unpaid suspension, the total number of hours served will be sixteen (16) hours. Section 7.2 Progressive Discipline As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable, but is generally the City's policy to progress through each step. However, nothing shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non -probationary employees may only be disciplined for Just Cause. The City will notify the employee of pending disciplinary action in writing. Disciplinary measures will be administered by the Chief of Police or designee in an objective and constructive manner. These measures are intended to motivate the employee toward proper conduct in the future. Matters pertaining to employee performance/behavior problems should not be discussed with or disclosed to anyone except those who must be informed. Listed below indicates the types of disciplinary actions that may be implemented: • Verbal Warning • Employee Contact Form • Letter of Direction • Letter of Reprimand • Suspension • Termination Section 7.3 Interrogation Rights If the Employer intends to conduct an inquiry, investigation, or interrogation of au employee which could result in a recommendation of disciplinary action such as transfer, suspension, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measures, before taking such action, the Employer shall follow the procedures set forth in 50 ILCS 725/1 or as amended, including rights as set forth in the United States Supreme Court decision in NLRB v. Weingarten, 420 U.S. 251 (1975) and the Department of Central Management Services & Corrections (Morgan) decision, I PERI par. 2020 (ISLRB, 1985). Nothing in this Section is intended to or should be construed to waive employee's right to Labor Council representation during questioning that the employee reasonably believes may lead to disciplinary action. The City will provide no less than three (3) business days' advance notice of any discipline, including any meeting to discuss pending discipline in order to provide the covered member an opportunity to have Labor Council representation present. Nothing in this Section shall be construed to limit or waive the covered members' rights. The interrogations shall take place at the McHenry Police Department or other facility at the direction of the investigating Officer and at a reasonable time of day. An interrogation, for purposes of this Labor Agreement, shall be defined as when an employee is subjected to formal oral or written questions by the employer which are specifically relating to matters which could result in disciplinary action against the employee being questioned. Requests/orders for employees to write supplemental reports, are not considered interrogations. No employee covered by this Labor Agreement shall be subjected to interrogation without first being informed in writing of the nature of the investigation and/or complaints. The disclosure shall be sufficient so as to reasonably apprise the employee of the nature of the investigation. The employee under investigation shall be informed of the name, rank, or command in charge of the investigation, the interrogator, and all persons present during any interrogation. Interrogation sessions shall be of reasonable duration and shall permit the employee interrogated reasonable periods for rest and personal necessities. The employee being interrogated shall not be subjected to professional or personal abuse, including offensive language. A complete electronically recorded record of any interrogation shall be made, and a copy of the electronically recorded record shall be made available to the employee and Labor Council under investigation without charge and without undue delay. The employee under investigation may elect to have a written transcript of the interrogation, however; the employee must then bear the entire cost of said written transcript. No employee shall be interrogated without first being advised in writing that the covered member has the right to have a Labor Council representative present to advise the covered member at any stage of any interrogation. An employee under investigation may request Labor Council representation at any time before or during the interrogation. Section 7.4 Pre -disciplinary Conference Before the decision to impose disciplinary actions of suspension without pay, removal, or discharge occurs, the Department Head, Supervisor, employee, and a representative provided by the Labor Council (if requested by the employee) shall meet and confer over the facts giving rise to the proposed disciplinary action. The Employer shall disclose the alleged facts giving rise to disciplinary action and the employee will be allowed the opportunity to correct factual errors and/or mistaken facts, to provide additional facts concerning the subject matter of the proposed disciplinary action and/or to dispute the factual allegations. Section 7.5 Grievance Arbitration The provisions of this Article shall be subject to the grievance resolution procedures set forth in Article 8 of this Labor Agreement except that oral reprimands and written reprimands shall not be subject to grievance arbitration. The termination of probationary employees shall not be subject to the grievance resolution procedures set forth in Article 8 of this Labor Agreement. ARTICLE 8 GRIEVANCE PROCEDURE A grievance filed against the City will be processed in the following manner. The parties may bypass one (1) or more steps of the procedure by written mutual agreement. Grievances considered to be a Labor Council grievance shall be filed at Step 2. The parties agree that the Chief of Police or designee shall have the right to implement disciplinary action to include suspension or termination of a covered member for only just cause. The decision of the Chief of Police or designee with respect to any suspension or dismissal action shall be deemed final, subject only to review of said decision through the grievance and arbitration procedure. Charges and/or complaints involving discrimination will not be processed through the grievance and arbitration process in the Labor Agreement but rather filed with the appropriate State and Federal administrative agencies. 12 Section 8.1 Definition A grievance is defined as a dispute or difference of opinion raised by an employee or the Labor Council against the City involving an alleged violation, misinterpretation, or misapplication of an express provision of this Labor Agreement. Section 8.2 Procedure A grievance filed against the City will be processed in the following manner. The parties may bypass one (1) or more steps of the following procedure by written mutual agreement. Employees are encouraged, but not required to, resolve the grievance informally through discussions with their immediate supervisor who is not a member of any bargaining unit, and who is not otherwise represented by any Union. If the Labor Council and City settle the grievance at any step, such settlement shall be set forth in writing and signed by authorized representatives of the parties. Only the Labor Council and City may settle the grievance at any step. If a grievance is not appealed to the next step within the specified time limit or any agreed written extension thereof; it shall be considered settled on the basis of the City's last written response. If the City does not hold a meeting or respond to a grievance or an appeal thereof within the specified time limits, the aggrieved employee or Labor Council may elect to treat the grievance as denied at that step and immediately appeal the grievance as denied at that step. The parties may by mutual agreement in writing extend any of the time limits set foth in this Article. No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representation made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the parties unless the Employer and the Labor Council have agreed thereto in writing. Grievances filed by the Labor Council on behalf of covered members shall be filed at Step 2. • Step 1 Any employee and/or the Labor Council who has a grievance shall submit the grievance in writing to the appropriate Division Commander containing a complete statement of the facts, provision or provisions of the Labor Agreement which are alleged to have been violated as defined in 8.1 Definition and the specific relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee or Labor Council, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant and Labor Council within seven (7) calendar days after the grievance is presented. • Step 2 If the grievance is not settled at Step 1 and the grievant and/or Labor Council wishes to appeal to Step 2 of the grievance procedure, the grievance shall be submitted in writing to the Chief of Police or designee within seven (7) calendar days after receipt of the City's written response in Step 1, or within seven (7) calendar days of when the City's written response in Step 1 was due. The grievance shall specifically state the basis upon which the grievant or Labor Council believes the grievance was improperly denied at the previous step of the grievance procedure. The Chief of Police or designee may meet to discuss the grievance with the grievant and Labor Council at a mutually agreeable time within seven (7) calendar days of receipt of the grievance. The Chief of Police or Labor Council may have other persons present whom they deem appropriate attend the meeting. If no settlement of the grievance is reached, the Chief of Police or designee will provide a written response within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the grievance. 13 a Step 3 If the grievance is not settled at Step 2, the grievant and/or Labor Council wishes to appeal to Step 3 of the grievance procedure, it shall be submitted in writing to the City Administrator or designee within seven (7) calendar days after receipt of the City's written response in Step 2, or within seven (7) calendar days of when the City's written response in Step 2 was due. The grievance shall specifically state the basis upon which the grievant and/or Labor Council believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator may meet to discuss the grievance with the grievant and a Labor Council Representative at a mutually agreeable time within seven (7) calendar days of the receipt of the grievance. The City Administrator or the Labor Council may have other persons present they dean appropriate attend the meeting. If no settlement of the grievance is reached, the City Administrator will provide a written response within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the grievance. Section 8.3 Arbitration If the grievance is not settled in Step 3, only the Labor Council may refer the grievance to arbitration, as described below, within twenty-one (21) calendar days of the receipt of the City's written response provided at Step 3 or when the City's written response in Step 3 was due. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after receipt of the notice of referral. hi the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1) panel in its entirety and request that a new panel be submitted. Both the City and the Labor Council shall have the right to alternately strike being determined by the flip of a coin. A coin flip shall determine who has the first right to strike a name from the list. The Arbitrator shall be notified jointly by the parties of their selection and shall be requested to set a time and place for the hearing, subject to the availability of Labor Council and City representatives. The City and the Labor Council shall have the right to request the Arbitrator to require the presence of witness or documents. The City and the Labor Council retain the right to employ legal counsel. The Arbitrator shall submit the award in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. More than one (1) grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. The fees and expenses of the arbitrator and the cost of a court reporter and a written transcript, if any, shall be divided equally between the City and the Labor Council; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 8.4 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 Labor 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 Labor 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 court decisions, 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 the powers, duties and responsibilities of the City under law and applicable coma decisions. Any decision or award of the Arbitrator rendered within the limitations of this Section 8.4 shall be final and binding upon the City, Labor Council, and the employees covered by this Labor Agreement. 14 ARTICLE 9 NO STRIKE -NO LOCKOUT Section 9.1 Strikes Prohibited During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, sympathy strike, or any other intentional interruption or disruption of the operations of the City, and no employee covered by this Agreement shall refuse to cross any picket line, wherever established. Section 9.2 Job Actions Prohibited During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any boycott, secondary boycott, residential hand billing, work slowdown, speed-up, sit-down, concerted application of unauthorized or abnormal or unapproved enforcement procedures or policies, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind, except informational picketing as authorized by law, or any other intentional interruption or disruption of the operations of the City. Section 9.3 Violations of this Article Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be used in any proceeding in which such discipline or discharge is challenged is whether or not the employee actually engaged in such prohibited conduct. Such discipline may include any, some, or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance, nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this section shall not be considered a violation of this Agreement and shall not be subject to the grievance and arbitration procedures of this Agreement. Section 9.4 Council Notification of Employees The Council agrees to notify all Union Officials and agents of their obligations and responsibility for maintaining compliance with this Section, including their responsibility to abide by the provisions of this Section by remaining at work (that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Section of this Article, the Illinois Fraternal Order of Police Labor Council agrees to inform its members of their obligations under this Agreement and to encourage and direct them to return to work by all means available under its Constitution, by-laws, or otherwise. Section 9.5 No Lockout The City will not lock out any employees during the term of this Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Illinois Fraternal Order of Police Labor Council with this Article. Section 9.6 Judicial Relief Nothing contained herein shall preclude the Employer from obtaining a temporary restraining order, damages and otherjudicial relief as determined appropriate by the Court in the event the Illinois Fraternal Order of Police Labor Council or any employees covered by this Agreement violate this Article. 15 ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 10.1 Holidays The following are recognized as holidays for eligible employees: A holiday is defined as eight (8) hours. A one-half (1/2) holiday is defined as four (4) hours. Shift Employees New Year's Day Martin Luther King Jr Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Non -Shift Ennolovees New Year's Day Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day Sixteen (16) hours of floating The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in lieu of cash payment as provided in Section 10.2 herein. Holiday pay shall accrue to an employee's credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by requesting same in writing subject to the approval of the Chief of Police or his designee; such approval not to be unreasonably withheld. Section 10.2 EhE!ibility Requirements Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive holiday pay or "paid time off' in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, when scheduled as part of their normal department work schedule. The Chief shall permit an employee who was ill to verify his illness so as to qualify for holiday pay by submitting to the Chief of Police or designee, a note from the employee's physician, or physician's assistant or nurse practitioner verifying the employee's illness. Section 10.3 Holiday Pay Employees who satisfy the eligibility requirements of Section 10.2 shall receive either "holiday time off' or "holiday pay" equivalent to the holidays for which they become eligible. Employees wishing to take holiday time off in lieu of the holiday pay may request the holiday time off as if it were personal business leave with the exception that such time must be requested in no less than four (4) hour increments. Holiday time off requests shall be made no later than twenty-four (24) hours in advance of the desired time off. November and December holidays shall not be eligible to be taken as holiday time off. In no event may an employee take holiday time off without having first become eligible for the holiday. Holiday time must be used or paid prior to the end of the calendar year in which it is earned. Employees choosing to receive holiday pay and those employees who have failed to take accrued holiday time off by October 31" shall be paid in a lump sum on the last full pay period during the month of November, at a rate equivalent to a regular day's pay (at the employees straight time rate) for each of the eleven (11) holidays in the calendar year for which the employee satisfied the eligibility requirements and which the employee has not taken in the form of paid leave as set forth in section 10.1 herein. 16 Payment of holiday pay shall include prospective pay for any holidays in November and December of said calendar year. In the event all employee becomes ineligible for a paid November or December holiday after they have been compensated for it, the City may deduct from their paycheck an amount equivalent to the pay provided for the holiday. Employees who work the holiday shall receive one and one half (I V2) times their regular rate of pay for all hours worked. Section 10.4 Personal Business Leave With prior approval of the Police Chief or designee, employees shall receive paid leave, as denoted below per calendar year, to attend to personal business. An option offered as part of participation in the Wellness Incentive of an additional personal day shall be defined as eight (8) hours as long as the benefit is offered by the City. Newly hired regular full-time employees will receive the following number of paid personal business leave days in their first calendar year: Hiring Date Prior to April I Between April 1 and June 30 Between July 1 and October 31 November 1 or later Personal Business Leave Hours 32 24 16 Personal business leave may be used in increments no smaller than one (1) hour increments. In no event shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made no later than twenty-four (24) hours in advance (except in an emergency) of the desired time off. The Chief may approve or deny such requests. Such approval shall not be unreasonably denied. Under no circumstances will such requests be approved if, at the time of the request, the absence, in the Chiefs judgment, would cause another employee to be held over or called back to work. ARTICLE 11 VACATIONS Section 11.1 Eligibility and Allowances Every employee shall be eligible to take paid vacation time after the completion of one (1) year of continuous full time employment with the City in a position covered by this Agreement. Employees shall start to earn vacation allowance as of their date of hire. Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 5.8 herein, the Employer shall conduct vacation bids between October 1st and November 30"' of each year for vacation days to be used during the subsequent calendar year. Vacation allowances shall be earned monthly, based on the following schedule: Length of Completed Continuous Service Number of Hours per calendar year Monthly Accrual Rate After completion of one 1 ear 80 6.67 Hours After completion of six 6 ears 120 10 Hours After completion of tbirtqg!jjjjjyM 160 13.33 Hours After completion of twent 20 ears 200 16.67 Hours Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) "hours of work." For purposes of this Section only, actual work time plus 17 paid vacations, personal clays and compensatory time shall be considered "hours of work." No other paid or unpaid absence from duty shall be counted as "hours of work." Section 11.2 Vacation Pav The rate of vacation pay shall be the employee's regular straight -time rate of pay in effect for the employee's regular job assignment. Section 11.3 Scheduling and Accrual Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 5.8 herein, the Employer shall conduct vacation bids between October I st and November 30th of each year for vacation days to be used during the subsequent calendar year. Vacation Bidding Process: Vacation Bids will be conducted for each classification. During the initial vacation bidding process, only one (1) bargaining unit member from the CSO classification and one (1) bargaining unit member from the Records classification shall be permitted to request vacation time for each work shift. During the initial vacation bidding process, only one (1) bargaining unit member from the Telecommunicator classification shall be permitted to request vacation time for each work shift. During the initial vacation bidding process, only one (1) bargaining unit member from the Lead Telecommunicator classification shall be permitted to request vacation time for each work shift. On or before October I", the Police Chief or designee shall post a schedule of days available for vacation use during the upcoming calendar year. The days available for use shall not include the weekends of "Fiesta Days", and such other days as designated by the Chief of Police in their discretion; such discretion not to be unreasonably applied. The bargaining unit employees shall select their vacation preferences in the order of their seniority by classification, with the most senior employee having first choice, the next most senior employee having second choice, and so on. For the purposes of this process only, seniority for Lead Telecom uLin icators shall be determined by date/time of appointment to that classification. For purposes of this Article, "calendar week" means anywhere from one (1) day to four (4) consecutive days for Lead Telecommunicators and Telecommunicators (not to exceed 48 hours) and anywhere from one (1) day to five (5) consecutive days for CSOs and Records Clerks. Any Vacation Tillie hours approved to be carried over from the previous calendar year are not eligible to be requested for use during the Vacation Bidding Process. Bargaining unit members will have two (2) working shifts in which to pick their vacations. A bargaining unit member who does not select vacation time within the time allotted may choose vacation time at any time thereafter, subject to availability. Step 1: In order of descending seniority by classification, bargaining unit employees may make an initial first choice vacation selection of no more than two (2) calendar weeks, (or a maximum of eighty (80) hours for CSOs and Records Clerks and a maximum of ninety-six (96) hours for Lead Telecommunicators and Telecommunicators. Step 2: After all bargaining unit members have chosen their first two (2) calendar weeks, in order of descending seniority by classification bargaining unit members may then select no more than two (2) 18 additional calendar weeks. Only members with at least an annual allowance of at least one hundred twenty (120) hours of Vacation Time are eligible to participate in Step 2 of the bidding process. Step 3: After all bargaining unit members have chosen their two (2) additional calendar weeks, in order of descending seniority by classification, bargaining unit members can select no more than one (1) additional calendar week. Only members with at least an annual allowance of at least two hundred (200) hours of Vacation Time are eligible to participate in Step 3 of the bidding process. The vacation periods selected pursuant to this procedure shall be submitted to the Police Chief or designee for approval no later than November 30°i of each year. Thereafter, the Police Chief or designee shall review the requests and post a vacation schedule on or before December 25°i. After the vacation schedule, has been posted, employees can trade, schedule, or reschedule vacation hours only with the approval of the Police Chief or designee. Step 4: Upon the close of the initial bidding process (Steps 1 through 3), notification will be made to bargaining unit members that the initial bidding process is over and that a six (6) day window will be established by the Chief of Police (or designee) in which members can request the use of additional vacation time or other benefit time that has already been earned, limited to three (3) Saturdays during the upcoming calendar year. During this six (6) day window all benefit time requests will be held for the duration of the six (6) day period and requests will then be processed in order of seniority, except in the event a Lead Telecommunicator and Telecomnnmicator request the same time off. In that event, the Lead Telecommunicator will have priority. Time off requests made in Step 4 shall be subject to the approval of the Chief of Police (or designee) and must meet the 24-hour minimum notice requirement of this agreement and staffing levels established by the Chief of Police. All Other Vacation Requests: After the initial vacation bidding process (Steps I through 3) and Step 4 are complete, any remaining vacation requests shall be reviewed and approved/denied by the Chief of Police or designee on a first -come, first -served basis. In the event of two (2) or more requests for remaining vacation use, seniority shall prevail in awarding vacation requests. Additional time off requests shall be approved by the Chief of Police or designee based upon staffing levels which are managed by the City. Remaining vacation hours, not selected in the seniority vacation bidding process, may be used in increments of four (4) hours. Accrual: Vacation allowances are earned on a calendar year basis with the following exceptions. After six (6) months of employment, a new hire may use up to forty (40) hours vacation time prior to their first anniversary date. The use of such borrowed vacation hours shall be deducted from vacation accruals posted on their first anniversary date. Accrual Steps: 1. From the date of hire new employees begin accruing vacation time on a monthly basis equivalent to 6.67 hours per month (in accordance with Section ILL: Eligibility and Allowances) 2. On the anniversary of the employee's first year of employment, they will be credited 6.67 hours of vacation time for each remaining month of the calendar year in which they reached their one-year anniversary. This vacation time most be used in the calendar it was issued. No carryover or payout of this initial vacation time is allowed. 3. After reaching their one-year anniversary, employees will be switched to an annual vacation accrual based on calendar year, meaning that they will receive vacation horns each year oil 19 January 1 (in accordance with Section 11.1: Eligibility and Allowances) for the vacation time they accrued the prior calendar year. 4. On an employee's anniversary date of employment within a year (after the employee's first) in which the employee becomes eligible to earn additional vacation hours (in accordance with Section 111: Eligibility and Allowances), the employee will receive the additional hours on their anniversary (hire date) for use during the remainder of that calendar year. 5. For purposes of accrual, once employees who gain extra vacation hours throughout their career (in accordance with Section I I.1: Eligibility and Allowances), they will continue to accrue hours from the previous years' work but based upon the new accrual rate. Payout Upon Separation: Employees who separate from the City in good standing (retirement or resignation) shall be entitled to all unused vacation hours that they were given on January I` of the year they separate, plus any additional vacation hours accrued (in accordance with section 11.1) for hours worked between January I and the date of separation. Vacations to be scheduled and taken during a given calendar year are vacation allowances earned during the previous calendar year or provided to the employee on their anniversary date of employment for use during the remainder of the calendar year. All calendar year vacation hours must be taken by the end of the calendar year in which they were issued. Employees may request in writing to the Chief of Police to carryover up to forty (40) hours of vacation time to be used in the following calendar year, provided said vacation time is used in the carryover year; such approval not to be unreasonably withheld. Compensation for vacation time that is not carried over for use in the following year will not be paid out to the employee unless the employee is retiring/resigning in good standing prior to the carryover, or there are specific extenuating circumstances in which the employee was unable to use their vacation time during the calendar year. The Chief of Police or designee reserves the right to cancel any or all approved vacation leaves in advance of them being taken and/or to recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. ARTICLE 12 SICK LEAVE Section 12.1 Purpose and Allowance Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time -to -time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring an non -service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of his employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers' compensation, sick leave, etc.) shall receive sick leave with pay as set forth in this Article. Section 12.2 Hours Earned in Accumulation Employees shall be allowed eight (8) hours of sick leave for each month of service (which equals a total accumulation of ninety-six (96) hours per year). Sick leave shall be earned by an employee for any month in which the employee is compensated for more than eighty (80) "hours of work." For purposes of this 20 Section only, accrued benefit days other than sick leave shall be considered "hours of work'; no other paid or unpaid absence from duty shall be counted as "hours of work." Sick leave cannot be taken before it is actually earned. Section 12.3 Notification Notification of absence due to sickness shall be given to an individual designated by the Police Chief (normally the Shift Supervisor on duty) as soon as possible on the first day of such absence and every day thereafter (unless this requirement is waived by the Chief in writing), but no later than one (1) hour before the start of the employee's work shift. Failure to properly report all illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 12.4 Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician's verification that the employee is well enough to return to work. A medical certification/or verification of illness is acceptable as provided by a physician, or physician's assistant or nurse practitioner. Falsification of any verification of illness shall be grounds for disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City. If the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the medical expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). Section 12.5 Sick Leave Utilization Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized for the purposes specified in Section 12.1, or as needed as a result of a family member's illness, injury or medical appointment as defined by the Illinois Employee Sick Leave Act, up to six (6) days of accumulated sick leave per calendar year for absences due to illness, injury and medical appointments for the employee's child, spouse, sibling, parent, mother/father-in-law, grandchild, grandparent or stepparent, or a party to a Civil union as defined by the Illinois Religious Freedom Protection and Civil Union Act (7501LCS 75/) to seek medical attention for an existing medical condition, or for a non -elective medical procedure. For purposes of Section 12.6(b), sick leave may accrue to a maximum of 1000 hours of sick leave as of the end of each fiscal year. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 12.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. Section 12.6 Unused Sick Leave (a) A full-time bargaining unit member in good standing who has used less than twenty-four (24) hours during any calendar year may elect to receive a sick leave cash payment for difference between twenty- four (24) hours and the number of sick leave hours actually used (twenty-four (24) hours maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees who elect to receive such payment for any calendar year must notify the Chief thereof by January 31 the following year, with such payment to be made by February 28 of such following year. 21 (b) A full-time bargaining unit member in good standing (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full time employee, or (iii) has at least twelve (12) years of service on the Department as a full time employee, is eligible to retire, and who dies (in which case it will be the employee's estate which collects), is eligible to retire, and who elects to retire, shall be paid for unused sick leave days at the rate of fifty percent (50%) of the employee's regular rate of pay in effect on the 1st day of May immediately preceding the employee's last day of active work for the City for all accrued and unused sick leave time as of the employee's last day of active work for the City, up to a maximum of one -thousand (1000) hours, provided the employee has accumulated at least four-Inlndred (400) hours of unused sick leave will be paid fifty percent (50%) for all sick leave hours up to one -thousand (1000), for a maximum of five hundred (500) hours of pay. In no event, shall any employee be entitled to the benefits set forth in Section 12.6(b) if the employee is discharged, unless such discharge is overturned by an administrative proceeding. ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE Section 13.1 Unpaid Discretionary Leaves The City may grant leaves of absence, without pay or salary, to employees for job -related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, his spouse, or his child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty-five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Agreement. Section 13.2 Military Leave Military leave shall be granted in accordance with applicable Federal and/or State law. Employees must apply for such leave as soon as they are aware of the need for such leave. Section 13.3 Bereavement Leave In the event of the death of an immediate family member, an employee may be permitted to be absent from theirjob for up to three (3) workdays off with the City's approval and receive regular straight time pay. For purposes of this Section, immediate family shall include the following persons related by blood, marriage or law to the employee: parents, spouse, children, siblings, mother-in-law, father-in-law, son- in-law, daughter-in-law, brother-in-law, sister-in-law, spouse's child, stepparent, spouse's grandparent, grandparents, and grandchildren and partner to a civil union as defined by 750 ILCS 75/. In the event of the death of an extended family member, an employee may be permitted to be absent from his job for one (1) workday with the City's approval and receive regular straight time pay. For purposes of this Section, "extended family" shall include aunts, uncles, nieces, nephews and cousins. Any absence to attend the bereavement of anyone who is not a member of an employee's immediate or extended family may be arranged with the City, without pay, but previously accrued and unused benefit days other than sick leave may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and of the employee's attendance at the funeral or service if so requested by the City. At the City's discretion, an employee may be permitted to use accrued benefit days other than sick leave, up to a maximum of five (5) additional days, in connection with bereavement leave days to extend bereavement leave or at the employee's option such leave may be arranged without pay. The Employer per the Illinois Family Bereavement Leave Act (FBLA), as amended, 820 ILCS 154/1, et seq. and the Child Extended Bereavement Leave Act (CEBLA) both of which provide unpaid leave to eligible employees. FBLA entitles eligible employees to up to two workweeks of unpaid leave following the death of a covered family member. CEBLA entities eligible employees, who have worked for the 22 City for at least two (2) weeks, to up to six (6) workweeks of unpaid leave following the death of a child due to homicide or suicide. Leave under the FBLA or CEBLA must be requested, with appropriate documentation provided, and approved in advance and will run concurrently with any other type of Bereavement Leave set forth above and/or VESSA Leave as set forth in the Employee Handbook. Employees who take leave under the CEBLA may not also take leave under the Family Bereavement Leave Act (FBLA). Section 13.4 Jury Leave An employee required to report for jury duty (including service oil a grand jury) shall be excused from work without loss of pay for jury duty which occurs on the employee's scheduled duty days and during the employee's scheduled duty hours. An employee shall immediately notify the Police Chief or designee as soon as the employee receives a notice to appear as a juror and must provide the Police Chief or designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation he receives for serving as a juror on days for which the employee was scheduled to be on duty. Section 13.5 Family and Medical Leave Act ("FMLA") Leave A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City's published Family and Medical Leave Act policy and applicable law. A work day is defined as an eight (8) hour day or forty (40) hours a week. unless the leave is for intermittent leave then a work day is defined as a twelve (12) hour work day. Section 13.6 Application for Leave Unless otherwise required by law, any request for a leave of absence other than funeral leave under this article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee by the City and it shall be in writing. Section 13.7 Benefits While on Unpaid Discretionary Leave Unless otherwise required by law, length of service and other benefits shall not accrue for an employee who is on approved non -pay, discretionary leave status under this Article. (a) Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. (b) Upon return from leave, the City shall place the employee in his or her previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of a leave of absence, there is no work available for the employee, he shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. 23 Section 13.8 Non-Employnnent Elsewhere A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Chief. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. ARTICLE 14 WAGES Section 14.1 Base Wage Employees covered by the Agreement shall be compensated in accordance with the wage schedule attached hereto and incorporated herein as Appendix A. Section 14.2 Tuition Reimbursement Regular fill -time employees enrolled in an educational course directly related to the employee's position with the City, may request reimbursement of tuition from the City. Reimbursement of tuition is not guaranteed and is within (lie discretion of the City pursuant to the terms of this policy. Each of the following conditions shall precede any such reimbursement. Only courses directly related to the employee's present position with the City shall qualify for tuition reimbursement. To be eligible for reimbursement, prior to registration for the particular course, the employee shall submit a request to his or her Department Head on the City's Tuition Reimbursement Form. If the Department Head recommends reimbursement for the course, it must also be approved by the City Administrator. The City Administrator shall determine whether the conditions precedent to tuition reimbursement are satisfied. Because of the nature of education as it relates to day-to-day activities of all people, the determination of the City Administrator as to whether the course is directly related to the employee's position with the City shall be completely within his discretion and shall be final. Funds for the reimbursement of the course must have been budgeted for the current fiscal year. Reimbursement is limited to the tuition fee only and may not exceed $3000.00 per fiscal year. Tuition reimbursement may be paid only upon the City's receipt of a certificate evidencing completion of the course with a grade of "C" or better or, if the course if a pass/fail, then upon receiving a "pass" grade and a receipt of full payment from the school, university or educational institution. Section 14.3 Deferred Compensation Plan (457K) The City shall continue to make available to employees the same 457K Deferred Compensation Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate the plan as it deems appropriate. Section 14.4 Lateral Transfers Both the City and the Union recognize the value of newly hired employees with previous related experience, and to that end, agree to the following: newly hired employees with previous experience in their assigned job classification will begin at an advanced step of pay matrix, but in no event higher than Step 5 unless agreed to by the parties. The pay matrix step the employee is placed on will only affect the employee's pay, and will not be considered for seniority referenced in any articles or sections of this Agreement. The City may exercise its discretion to place newly hired employees with previous experience at an advance step on the matrix. The Union reserves the right to object to the placement if the placement demonstrates that the City has abused its discretion by effectuating a placement which is not warranted by the newly hired employees' previous experience. 24 ARTICLE 15 UNIFORM ALLOWANCE Section 15.1 Initial Uniform All members of the bargaining unit shall be required to appear appropriately dressed for work. The City shall furnish employees, upon completion of the initial training period, a complete set of initial uniforms and equipment as specific below: Records Clerks— Five (5) pair of pants; Two (2) sweaters; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt. Community Service Officers — Five (5) pair of pants; One (1) winterjacket; One (1) rain coat; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) pair of winter boots; One (1) belt. Telecommunieator— Four (4) pair of pants; One (1) sweater and/or Fleece; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt; One (1) long sleeve polo shirt; One (1) short sleeve polo shirt. Lead Teleconununicator — Four (4) pair of pants; One (1) sweater and/or Fleece; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt; One (1) long sleeve polo shirt; One (1) short sleeve polo shirt. Employees shall receive up to four hundred dollars ($400) per fiscal year (except for the first year of employment or when uniforms change for initial issue) for uniform purchases, maintenance and cleaning expenses. Newly hired employees will not be eligible for this provision in their first year of employment if their hire date is November I" or later. Section 15.3 Return of Uniforms and Equipment Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City, in good condition, less normal depreciation and destruction in the course of employment. ARTICLE 16 INSURANCE Section 16.1 Coverarre and Cost The City shall make available to non -retired bargaining unit employees and their dependents substantially similar group health and hospitalization insurance, dental insurance, and vision insurance coverage and benefits to that in existence for other City employees prior to the signing of this Agreement. The City reserves the right to change or offer alternative insurance carriers, health maintenance organizations, or benefit levels or to self -insure as it deems appropriate, so long as the new or alternative coverage and benefit levels are substantially similar to those which they are replacing. In order to control future health and hospitalization insurance cost increases, the City also may alter employee deductibles and/or co -pay requirements provided such changes shall likewise be applicable to all City employees. Employees may continue to elect to participate in the City's Health Care Benefits Salary Reduction Plan, in which they pay their share of insurance costs with pre-tax dollars. Section 16.2 Cost Containment 25 The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, preadmission and continuing admission review, prohibition on weekend admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. Section 16.3 Life Insurance The current City coverage of thirty thousand dollars ($30,000.00) for life insurance for each employee covered by this Agreement in effect at the time of the signing of this Agreement shall continue for the life of the agreement, at no cost to the employee. Section 16.4 Terms of Insurance Policies to Govern The extent of coverage under the insurance policies (including HMO and self -insured plans) referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning an employee's claim for benefits under said insurance policies or plans shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth in this Agreement. The failure of any outside insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. Section 16.5 Waiver of Insurance Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage, but thereafter chooses to reverse his decision, the reinstatement of each such insurance shall be contingent upon the employee's insurability and shall also be subject to such conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of the employee's prior waiver and non -coverage. Section 16.6 Employee Deductible and Co -Insurance Costs The Employee's premium contribution shall be limited to the following amounts and percentages for the term of this agreement. 2025 Medical Insurance Plan Year (1/1/2025—12/3112025) Employee EE + Spouse EE + Child(ren) Family PPO Plan $150.00 $290.00 $282.00 $495.00 HSA Plan $100.00 $270.00 $260.00 $410.00 HMO $27.50 $130.00 $125.00 $220.00 PPO Plan 2026 Medical Insurance Plan Year (1/1/2026—12/31/2026) Employee $155.00 EE + Spouse $295.00 EE + Child(ren) $287.00 Family $500.00 26 HSA Plan $105.00 $275.00 $265.00 $415.00 HMO $30.00 $135.00 $130.00 $235.00 2027 Medical Insurance Plan Year (1/1/2027-12/31/2027) Employee EE + Spouse EE + Child(ren) Family PPO Plan $158.00 $295.00 $287.00 $500.00 HSA Plan $105.00 $275.00 $265.00 $415.00 HMO $30.00 $135.00 $130.00 $235.00 2028 Medical Insurance Plan Year (1/l/2028-12/31/2028) Employee EE + Spouse EE + Child(ren) Family PPO Plan $165.00 $305.00 $295.00 $525.00 HSA Plan $115.00 $295.00 $285.00 $425.00 LIMO $30.00 $140.00 $130.00 $235.00 2029 Medical Insurance Plan Year (1/1/2029 - 4/30/2029) Employee EE + Spouse EE + Child(ren) Family PPO Plan $175.00 $310.00 $300.00 $530.00 HSA Plan $120.00 $300.00 $290.00 $430.00 IIMO $32.00 $145.00 $135.00 $240.00 5/l/2025 - 4/30/2027 Dental Insurance Employee EE + Spouse EE + Child(ren) Family $6.00 $30.00 $32.00 $60.00 5/l/2027 - 04/30/2029 Dental Insurance Employee EE + Spouse EE + Child(ren) Family $8.00 $40.00 $42.00 $72.00 27 5/1/2025—4/30/2027 Vision Insurance Employee EE + Spouse EE + Child(ren) Family $2.00 $10.00 $12.00 $25.00 5/1/2027 — 4/30/2029 Vision Insurance Employee EE + Spouse EE + Child(ren) Family $5.00 $12.00 $15.00 $26.00 Employee Deductible and Co -Pay Costs During the term of this Labor Agreement, the City agrees that any such deductible and co -pay shall be the same as those costs applicable to the general, non -contract employees, but may be less per the labor negotiations. ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING Section 17.1 Statement of Policv It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City in its Police Department will be free from the effects of drugs and alcohol. The City, as the employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such a manner as not to violate any established rights of the employees of the Police Department. Section 17.2 Prohibitions Except as ordered to do so in the line of duty, employees shall be prohibited from: (a) Consuming, possessing or being under the influence of alcohol at any time during the course of the work day or anywhere on any City premises, including City buildings, properties, or City owned vehicles; (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place, or abusing any prescription drug; (c) hailing to report to the employee's supervisor any (mown adverse side effects of medication or prescription drugs which the employee may be taking. Section 17.3 Drug and Alcohol Testing Permitted The City shall have the right to require an employee to submit immediately to alcohol or drug testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to believe that: (a) an employee is being affected by the use of alcohol; or (b) has abused prescription drugs; or (c) has used illegal drugs. The foregoing shall not limit the right of the City to conduct any tests it may deem appropriate for persons seeking employment prior to their date of hire. Specified situation testing may occur in the following circumstances: 28 (a) If an employee is involved in a motor vehicle accident or otherwise damages City or personal property while in the performance of his duty; (b) If an employee is injured, or injures another while in the performance of his duty; (c) If an employee is to be promoted to a higher paying position or recalled from layoff, or (d) If an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off -duty drug or alcohol abuse. Section 17.4 Order to Submit to Testing At the time an employee is directed to submit to testing authorized by this Agreement, the City shall provide the employee with a written notice, setting forth the objective facts and reasonable inferences drawn from those facts which have formed the basis of the City's decision to test. The employee shall be given a reasonable opportunity to consult with a Union representative at the time the notice is given. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test sliall not be construed as a waiver of any objection or rights that he or she may possess. Section 17.5 Test to be Conducted In conducting the testing authorized by this Agreement, the City shall: (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Substance Abuse Mental Health Services Administration (SAMHSA). (b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody. (c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. (d) Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Any employee ordered to submit to testing shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples, or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent of better scientifically accurate and accepted method that provides quantitative data about the detected drug or metabolites. (f) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense; provided the employee notifies the City within seventy-two (72) hours of receiving the results of the test and provided further that the laboratory or clinic and the testing procedure, including 29 chain -of -custody for the transfer of such sample, meets or exceeds the standards established in this Agreement and is confirmed by a neutral third party. (g) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City, inconsistent with the understandings expressed herein (e.g., billings for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing all alcohol concentration of .02 percent or more based upon the grams of alcohol per 100 millimeters of blood shall be considered positive. (i) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. Ensure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the tendency of any testing procedure. Any such emergency reassignment or relief from duty steal I be immediately discontinued in the event of a negative test result, and the employee shall be fully reinstated to unrestricted duty status. This Section shall not in any way limit the City's right to take such action as it deems appropriate if an employee is determined to have engaged in conduct prohibited by Section 17.2 of this Article or in conduct that is otherwise subject to discipline. Section 17.6 Disciplinary Action Use, sale, purchase, delivery or possession of illegal drugs at any time, and at any place (on or off the job) while employed by the City (except when authorized in the line of duty); abuse of prescribed drugs, failure to report to the Chief any known adverse side effects of medication or prescription drugs which the employee may be taking; and consumption, possession or being under the influence of alcohol while on duty, or on City premises (except when authorized in the line of duty), shall be cause for discipline, up to and including termination, subject to the disciplinary procedures set forth Article 7 of this Agreement. In cases where, in the City's discretion, discipline less than discharge is determined to be appropriate, such discipline will be conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physician(s) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City Administrator, and/or the Human Resources Manager, the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; (e) agreeing to submit to unlimited random testing during hours of work during the period of "after- care," and for a period of eighteen (18) months following the period of "after -care." 30 Employees who do not agree to or act in accordance with the foregoing, or who test positive a second or subsequent time for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to return an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Section 17.7 Voluntary Request for Assistance The City shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than that the City may require reassignment of the employee with pay if lie is unfit for duty in his current assignment. The foregoing is conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physician(s) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (e) agreeing to authorize persons involved in counseling, diagnosing and treatment of the employee to disclose to City personnel the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including au "after -care" group for a period of up to twelve (12) months; and (e) agreeing to submit to unlimited random testing during hours of work during the period of "after- care," and for a period of eighteen (18) months following the period of "after -care." Employees who do not agree to or act in accordance with the foregoing, or who test positive for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Upon successful completion of the treatment, the employee shall be returned to his position. This Article also shall not in any way limit the City's rights to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section 17.2 of this Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section 17.8 Treatment The City's obligation to provide treatment under this Agreement for alcohol and substance abuse shall be limited to services provided and paid for by the City's insurance plan in which the employee is enrolled. 31 ARTICLE 18 EMPLOYEE STATUTORY RIGHTS Section 18.1 Personnel Files The City agrees to abide by the requirements of the "Personnel Record Review Act," 820 ILCS 40. All written evidence of discipline shall stay in an employee's personnel file. However, after the passage of three (3) years, a written or verbal warning will not be utilized in establishing subsequent discipline, provided that conduct similar to that giving rise to the warning has not occurred during that period of time. Section 18.2 Indemnification The City agrees to abide by all statutory requirements for indemnification of public employees. Section 18.3 Access to Arbitration The parties agree that an alleged violation of Section 18.1 or 18.2 may not be taken to arbitration under the grievance procedure. ARTICLE 19 GENERAL PROVISIONS Section 19.1 Gender Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Section 19.2 Ratification and Amendment This Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. Section 19.3 Fitness Examinations If there is any question concerning an employee's fitness for duty, or fitness to return to duty following a layoff or leave of absence, the City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City. The City may also require any or all employees to take a complete physical exam as often as once a year. Such physical examinations shall not include employee drug or alcohol testing. Prior to requiring an employee to release the results of an examination due to a question concerning his fitness for duty, as opposed to a normal examination or one scheduled due to a return from a leave of absence of layoff, the Chief shal I provide the employee with written notice of the reasons for the examination. Section 19.4 Outside EmploVnnent Employees shall not be employed by employers other than the City, nor shall they contract for, or accept anything of value in return for services, nor shall they otherwise be self-employed for remuneration, without the written approval of the Police Chief within fourteen (14) days of the Employee's acceptance of outside employment. Employees wishing to hold outside jobs, including self-employment, which will not result in a conflict of interest or infringe on their ability to do their job for the City, shall apply in writing to the Police Chief for approval on a form provided by the City. Such application shall be 32 approved or denied within ten (10) working days after submission. Written approval will not be unreasonably withheld where the proposed employment will not: (a) present a conflict of interest; (b) infringe on the employee's ability to do his job for the City; (c) unreasonably increase the City's exposure to legal liability for the employee's off -duty activities; or (d) negatively reflect upon the City or be prohibited by law. If outside employment, including self-employment, has previously been approved or permitted by the City, and if it later appears that such outside employment, including self-employment, will result in a conflict of interest, infringe on the ability of the employee to do his job for the City, increase the City's exposure to legal liability, or negatively reflect upon the City or be prohibited by law, prior approval for such outside employment may be revoked, provided that the employee involved shall receive at least fourteen (14) calendar days advance notice in writing of such revocation. The City shall not unreasonably revoke approval of outside employment. Section 19.5 No Smoking All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking may be required by the City of department policy to confine their smoking to a designated area(s). Section 19.6 Special Assignment Employees The City retains its right to participate in any governmental or inter -governmental agency having an independent law enforcement authority or basis of jurisdiction. Without otherwise limiting an employee's legal rights, the parties agree that any contract disputes relating to an employee's hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the intergovernmental agency shall not be subject to the grievance and arbitration procedure. Any contract disputes relating to hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the City of McHenry will remain subject to the grievance and arbitration provisions of Article 8. Section 19.7 Rules and Regulations The City's existing policies, procedures, rules and regulations, as well as those of its Police Department, shall not be considered a part of this Agreement. Such policies and procedures shall control unless in conflict with specific provisions of this Agreement. The Union acknowledges the right of the City to make, alter, interpret and enforce reasonable and lawful rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing policies, procedures, rules, regulations, orders or directives of the City or the Police Department, the City shall notify the Union in writing of the proposed change(s) at least ten (10) days prior to the effective date of the modification of said non -economic terms and conditions of employment, and shall provide a reasonable opportunity to the Union, before the proposed modifications are finalized, to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article 4 of this Agreement. 33 Section 19.8 Inoculations The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all employees. The City shall administer or provide a verification test of successful inoculation to any employee that receives the inoculation series, and any additional inoculations. As non -experimental inoculations become available (as approved by FDA) for additional strains of hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune Deficiency Syndrome (AIDS) antibody positive conditions, such inoculations at City's expense shall be provided to employees. Section 19.9 Communicable Diseases The City and the employee shall notify each other as soon as possible if the employee, in the course of his duties, has come into contact with persons found to have a contagious disease. If it is determined that the employee has come into such contact, the City shall provide any medical examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or members of his immediate family with whom he resides. Costs for treatment shall be paid for by the City to the extent they are not otherwise covered by insurance. Section 19.10 Replacement of Personal Property In the event, any item of personal property specified below is lost or damaged in the course of an employee's duties while the employee is exercising due care and caution under the circumstances, the City will reimburse the employee for the repair or replacement of such itenn(s), provided the incident and the amount of the loss or damage is promptly reported to the Police Chief or designee. Further, the City's responsibility under this Section shall not exceed three -hundred dollars ($300) per employee, Pei - incident, and the City, in its discretion, may pay only for the fimctional equivalent of the personal property damaged, where the cost of the actual damaged property, although under three -hundred dollars ($300), is deemed excessive by the Chief of Police. In the event that the loss or damage is determined not to be in the course of employment or is found to be due to the employee's negligence or as a result of ordinary wear, no reimbursement shall be made. The following items shall be subject to replacement or repair under the provisions of this Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City reserves the right, upon application by an employee, to replace other personal property items at the City's sole discretion. The employee shall, when applicable, pursue court -ordered restitution, and such restitution will be signed over to the City, up to the amount the City paid to the employee. Section 19.11 Location of Meetings All meeting for purposes of administering or negotiating this Agreement shall be held in McHenry, Illinois unless mutually agreed upon otherwise. Section 19.12 No Solicitation While the City acknowledges that the Union may be conducting solicitation of City merchants, residents or citizens, the Union agrees that none of its officers, agents or members will solicit any person or entity for contributions or donations on behalf of the City of McHenry or the McIlenry Police Department. The Union agrees that the City name, badge, insignia, communication systems, supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit employees may not be done on work time or in work areas. Neither the Lodge nor the Illinois Fraternal Order of Police Labor Council, nor its agents or representatives may use the words "McHenry Police Department" or "City of McHenry" in its name. The Union further agrees that any written or oral solicitation of McHenry residents, citizens or merchants and businesses will include the words "Phis solicitation is not made on behalf of, nor do receipts go to the benefit of, the McHenry Police Department of the City of McHenry." The foregoing shall not be construed as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal 34 Order of Police Labor Council directed to the general public, nor shall it limit the City's right to male public comments concerning solicitation. ARTICLE 20 SAVINGS CLAUSE In the event any Article, section or portion of this Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, section or portion thereof specified in the board, agency or court decision or subsequent litigation, and the remaining parts or portions of this Agreement shall remain in full force and effect. If there is a conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 21 IMPASSE RESOLUTION Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Illinois Public Labor Relations Act, Section 14, as amended, with the following exception: The neutral interest arbitrator shall be selected in accordance with the selection procedure set forth in Section 8.3 of this Agreement, with the provision that the entire panel of arbitrators requested has experience in interest arbitration. ARTICLE 22 ENTIRE AGREEMENT This Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Agreement. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The City and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter, whether or not referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. It is expressly agreed that the City may unilaterally exercise any management rights consistent with Article 3 even though the exercise of such rights may involve subjects or matters not referred to or covered in this Agreement. M ARTICLE 23 TERM OF AGREEMENT This Agreement shall be effective from May 1, 2025 and shall remain in full force and effect through April 30, 2029. It shall automatically be renewed from year to year thereafter, unless either party shall notify the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the expiration date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new agreement is reached unless either party gives at least ten (10) days written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this day March 17 2025. CITY/ OF MCHENRY: ILFOP LABOR COUNCIL: 3117/25 Wayne S. Jett Date Mary th Varvil Date Mayor Unit Steward 3/17125 Monte Johnson Date Deputy City Clerk Kaitlin Durband Date Unit Steward 36 SEAL: ridgetti Veronese ate LJnil eward �. 03_-19.a5 Kevin S. Krug Date FOP Labor Counm Northern Field Supervisor 37 APPENDIX A - WAGE SCHEDULES Teleconimunicators Current May 1, 2025 May 1, 2026 May 1, 2027 May 1, 2028 2.50% Equity Adjustment+ 4.00% 3.00% 3.00% 4.00% COLA COLA COLA COLA Start ------ 59,777.94 ------ 63,663.51 ------ 66,210.05 ------ 68,196.35 ------ 70,242.24 After 1 Year 61,888.05 65,910.77 68,547.20 70,603.62 72,721.73 After 2 Years 63,999.50 68,159.47 70,885.85 73,012.43 75,202.80 After 3 Years 66,112.21 70,409.50 73,225.88 75,442.66 77,685.34 After 4 Years 68,227.52 72,662.31 75,568.80 77,835.86 80,170.94 After 5 Years 70,337.64 74,909.59 77,905.97 80,243.15 82,650.44 After 6Years 72,451.65 77,161.01 80,247.45 82,654.87 95,134.52 After 7 Years 74,56695 79,413.80 82,590.35 85,068.06 87,620.10 After 8 Years 76,677.08 81,661.09 84,927.53 87,475.36 90,099.62 After 9 Yeats 78,797.55 83,919.39 87,276.17 89,894.46 92,591.29 Lead Telecommunicators 82,737.42 88,115.35 91,639.96 94,389.16 97,220.83 Community Service Officers and Current May 1, 2025 May 1, 2026 May 1, 2027 May 1, 2028 Records Clerks 2.50% Equity Adjustment . 4.00% 3.00% 4.00% COLA COLA COLA 3.00% COLA Start ------ 45,976.77 ------ 48,965.26 ------ 50,923.87 ------ 52,451.59 ------ 54,025.14 After 1 Year 48,257.58 51,394.32 53,450.09 55,053.59 56,705.20 After 2 Years 50,539.64 53,824.72 55,977.71 57,657.04 59,386.75 After 3 Years 52,816.56 56,249.64 58,499.63 60,254.62 62,062.26 After 4 Years 55,097.39 58,678.72 61,025.87 62,856.65 64,742.35 After 5 Years 57,380.76 61,110.51 63,554.93 65,461.58 67,425.43 After 6 Years 59,660.26 63,538.18 66,079.71 68,062.10 70,103.96 After 7 Years 61,942.38 65,968.63 68,607.38 70,665.60 72,785.57 After 8 Years 64,221.88 68,396.30 71,132.15 73,266.11 75,464.09 After 9 Years 66,509.15 70,832.24 73,665.53 75,875.50 78,151.77 38 APPENDIX B - AGREEMENT TO EXTEND TIME LIMITS The City of McHenry and the Illinois Fraternal Order of Police Labor Council by its authorized representative do hereby agree to extend the time limits for further processing the grievance commonly referred to as the grievance. This grievance is currently at Step of the grievance procedure. It shall be frozen at that step to allow the parties further opportunity to investigate the dispute until either party delivers to the other a written notice demanding that the grievance processing resume. Neither party waives its position or rights with regard to this grievance by making this agreement to extend the time limits. This form is also available for use in connection with the holding of a grievance meeting under the Agreement. For use in that connection, it is hereby agreed that the seven (7) calendars day period for holding the meeting is hereby extended to and including FOR THE EMPLOYER FOR THE LABOR COUNCIL DATE DATE ku APPENDIX C - DUES AUTHORIZATION FORM ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCK TOWER DRIVE SPRINGFIELD, ILLINOIS 62704 1, , understand that under the U.S. Constitution I have a right not to belong to a Union. By my signature I hereby waive this right and opt to join the IL FOP Labor Council. I, , hereby authorize my Employer, the City of McHenry, to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I authorize my employer to deduct from my wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification as exclusive bargaining representative to the date this dues deduction is implemented, in such manner as it so directs. Signed: City: Employment Start Date: Title: Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clock Tower Drive Springfield, Illinois 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of Form 1040 as a miscellaneous deduction. 40