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Hearing Procedure Related to Reduction. In-Force Pursuant to a Financial Emergency 94

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• GRIEVANCE PROCEDURE (Continued STEP No.2 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Regional Supervisor Plant Operations under Step No.1, refer the written grievance to the Executive Officer of Human Resources or designate. The Executive Officer of Human Resources or designate shall then investigate the grievance and shall meet with the Union Grievance Committee within fifteen (15) working days after receipt of the written grievance. At such meeting the Board or the Union may have such additional representation present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Executive Officer of Human Resources shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days. STEP No.3 If the grievance is not settled up to this point, the grievance committee shall, within ten (10) working days after the decision of the Executive Officer of Human Resources under Step No.2, refer the written grievance to the Director of Education or designate. The Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the grievor or employee(s) concerned may be required to be present at the request of either party. The Director of Education shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within ten (10) working days of the holding of the meeting. STEP No.4 If the grievance is not settled at STEP No.3, and if mutually agreed by the Board and the Union, the grievance can proceed to a mediation process. The costs of the process will be shared equally by the parties. STEP No.5 If final settlement of the grievance is not completed at Step No.3 above, it may be referred by either party to Arbitration as hereinafter provided in Article 10 within thirty (30) days from the Director of Education's or designate's decision at Step No.3 above. The party referring the grievance to arbitration shall be restricted to the issue contained in the written grievance.

• Reduction in Force Procedure Should a situation arise which could result in a layoff of Faculty Members, the District shall provide the Federation with a written statement of the basis for the decision with supporting data and projected reductions that may be needed. Upon the request of either party, the District and the Federation shall meet promptly to discuss the impact of such action and any possible alternative courses of action. In the case of a reduction in force, the District shall notify the Federation in writing of the names of all Faculty Members to be laid off. This notice shall be given simultaneously with notification to the affected Faculty Members. This procedure shall also include all notifications of re-employment following a layoff.

• WORKFORCE REDUCTION In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the union and take the following actions:

• REDUCTION OF STAFF 34.01 When the Company proposes to terminate (other than for cause) an employee as a result of a decision to reduce the number of Permanent Employees:

• Legal Action; Utilization of Special Receivership Powers The Assuming Institution shall notify the Receiver in writing (such notice to be given in accordance with Article V below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Institution derives as a result of having acquired an asset from the Receiver, and the Assuming Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Institution and the Assuming Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Institution will advise the Receiver as to the status of any such legal action. The Assuming Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights.

• Staff Reduction In the event the District adopts a reduced educational program by reason of financial necessity, including but not limited to, levy failure and/or decreased State or Federal support, certificated employees who will be retained to implement the District’s reduced or modified program and those certificated employees who will be non-renewed from employment or adversely affected in contract status shall be identified by the provisions contained in this Article. If the District is only reducing provisional employees, the following procedures do not need to be implemented.

• Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.

• GRIEVANCE PROCEDURE 7 Section 4.1. Definition 7 Section 4.2. Procedures 7 Section 4.3. Limitations on Authority of Arbitrator 8 Section 4.4. Expenses of Arbitration 9 Section 4.5. Union Grievances 9 Section 4.6. Time Limits 9 Section 4.7. Miscellaneous 10 Section 4.8. Discipline 10 Section 4.9. Oral or Written Reprimands 11 Section 4.10. Applicability of Grievance and Arbitration Procedure to Discipline 11 ARTICLE V LABOR-MANAGEMENT COMMITTEE 12 ARTICLE VI SENIORITY, LAYOFF AND RECALL 13 Section 6.1. Definition 13 Section 6.2. Probationary Period 13 Section 6.3. Layoff and Recall 13 Section 6.4. Seniority List 15 Section 6.5. Posting of Certain Training Opportunities 15 Section 6.6. Termination of Seniority 15 Section 6.7. Reemployment After Expiration of Right to Recall 16 ARTICLE VII HOURS OF WORK AND OVERTIME 17 Section 7.1. Purpose 17 Section 7.2. Normal Work Cycle 17 Section 7.3. A Day Trades 18 Section 7.4. Overtime 19 Section 7.5. Changing or Trading Tours of Duty 19 Section 7.6. Hireback Procedure 19 Section 7.7. Compensatory Time 20 Section 7.8. Call-Back Pay 21 Section 7.9. No Pyramiding 21 ARTICLE VIII SALARIES AND OTHER COMPENSATION 22 Section 8.1. Salaries 22 Section 8.2. Longevity Pay 24 Section 8.3. Out of Classification Pay 25 Section 8.4. Paramedic Stipend 25 Section 8.5. Paramedic Preceptor 25 ARTICLE IX VACATIONS 26 Section 9.1. Amount of Vacation 26 Section 9.2. Vacation Eligibility 26 Section 9.3. Vacation Scheduling 26 Section 9.4. Limitation on Accumulation of Vacation 27 Section 9.5. Pay Upon Separation 28 Section 9.6. Vacation Day Trades 28 ARTICLE X HOLIDAYS 29 Section 10.1. Holidays for Employees Assigned to 8-Hour Shifts. 29 Section 10.2. Holidays for Employees Assigned to 24-Hour Shifts 30 Section 10.3. Pay for Hirebacks on Holidays 30 ARTICLE XI INSURANCE 31 Section 11.1. Caferteria Benefits Plan 31 Section 11.2. Retirees Insurance 31 Section 11.3. Flexible Benefits Plan 31 Section 11.4. Right to Change Carriers 31 Section 11.5. Terms of Policies to Govern 32 Section 11.6. Right to Maintain Coverage While on Unpaid Leave or on Layoff 32 Section 11.7. Post Retirement Health Savings Plan 32 ARTICLE XII LEAVES OF ABSENCE 33 Section 12.1. Jury Duty 33 Section 12.2. Sick Leave 33 Section 12.3. Special Leaves Without Pay 34 Section 12.4. Bereavement Leave 34 Section 12.5. Emergency Leave for Illness/Injury in Immediate Family 34 Section 12.6. Witness Leave 35 Section 12.7. Family and Medical Leave Act of 1993 36 Section 12.8. Pregnancy Leave/Maternity Leave 36 ARTICLE XIII SAFETY COMMITTEE 37 ARTICLE XIV MAINTENANCE OF SPECIFIC WORKING CONDITIONS 38 ARTICLE XV MISCELLANEOUS FRINGE BENEFITS 39 Section 15.1. Deferred Compensation Plan 39 Section 15.2. Credit Union 39 Section 15.3. Tuition Reimbursement 39 Section 15.4. Quartermaster System and Maintenance Allowance 39 Section 15.5. Sick Leave Incentive Plan 39 Section 15.6. Pay for Unused Sick Leave at Retirement 40 Section 15.7. Severance Pay 40 Section 15.8. Inoculations 40 Section 15.9. Eye Glass Replacement 41 ARTICLE XVI MISCELLANEOUS 42 Section 16.1. Outside Employment 42 Section 16.2. Pay Advance 42 Section 16.3. Gender of Words 42 Section 16.4. Physical Examinations 42 Section 16.5. Job Descriptions 42 Section 16.6. Posting of Formal Training Opportunities 43 Section 16.7. Released Time 43 Section 16.8. Resolution of Impasse 43 Section 16.9. Solicitation 43 Section 16.10. Physical Fitness Program 44 Section 16.11. Shift/Station Selection Process 44 Section 16.12. Subcontracting 48 ARTICLE XVII RIGHTS OF VILLAGE 49 ARTICLE XVIII NON-INTERRUPTION OF WORK 50 Section 18.1. No Strikes 50 Section 18.2. No Lockouts 50 ARTICLE XIX PROMOTIONS 51 Section 19.1. General 51 Section 19.2. Eligibility Requirements 51 Section 19.3. Components of the Promotional Process and the Weighting of Components 52 Section 19.4. Promotion Process Components 53 Section 19.5. Promotions Coordinator 58 Section 19.6. Monitors 58 Section 19.7. Scoring of Components and Posting of Preliminary Promotion List 59 Section 19.8. Veteran's Preference Points and Posting of Final Promotion List 59 Section 19.9. Order of Selection 60 Section 19.10. Duration of Final Promotion List 61 Section 19.11. Right to Review 61 ARTICLE XX SAVINGS CLAUSE 63 ARTICLE XXI ENTIRE AGREEMENT 64 ARTICLE XXII DRUG AND ALCOHOL TESTING 65 ARTICLE XXIII DURATION AND TERM 67 Section 23.1. Term of Agreement 67 Section 23.2. Continuing Effect 67 APPENDIX A VARIANCES FROM STATUTORY IMPASSE PROCEDURE 00 XXXXXXXX X ESSENTIAL JOB FUNCTIONS TESTING 69 APPENDIX C FIRE CHIEF’S EVALUATION INSTRUMENT 75 APPENDIX D VILLAGE’S CAFETERIA BENEFITS PLAN 00 XXXXXXXX X ADDITIONAL QUARTERMASTER ITEMS 77 APPENDIX F CURRENT LIST OF 40 HOUR OR LONGER OFFICE OF STATE FIRE MARSHAL COURSES 78 OCTOBER 23, 1990 MINIMUM STAFFING SIDE LETTER… 80 AGREEMENT This Agreement is made and entered into by and between the Village of Schaumburg (hereinafter referred to as the “Village”) and the Schaumburg Professional Firefighters Association, IAFF Local 4092 (hereinafter referred to as the “Union”).

• ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

• GRIEVANCE PROCEDURE 6 Section 3.01 Definitions 6 Section 3.02 Procedure 6 Section 3.03 Other Conditions 7 Article IV. LEAVES 8 Section 4.01 Sick Leave 8 Section 4.02 Bereavement Leave 9 Section 4.03 Personal Leave 9 Section 4.04 Leave Without Pay 9 Section 4.05 Association Leave 10 Section 4.06 Leave Day Calculation 10 Article V. EARNED VACATION DAYS, HOLIDAYS, AND E- LEARNING DAYS 10 Section 5.01 Earned Vacation Days 10 Section 5.02 Recognized Holidays 10 Section 5.03 E-Learning Days 11 Article VI. MEDICAL INSURANCE 11 Section 6.01 Premium Cost 11 Section 6.02 Insurance Committee 11 Article VII. SENIORITY, TRANSFERS, VACANCIES AND LAYOFFS 11 Section 7.01 Definition of Seniority 11 Section 7.02 Probationary Employees 12 Section 7.03 Classifications Without Bargaining Unit 12 Section 7.04 Seniority List 12 Section 7.05 Termination of Seniority 12 Section 7.06 Transfer to New Position 12 Section 7.07 Posting of Vacancies 13 Section 7.07A Posting of Vacancies – Bus Routes 13 Section 7.07B Trips 13 Section 7.08 Filling of Vacancies 14 Section 7.09 Layoffs, Reduction in Force and Elimination of Positions 14 Section 7.10 Recall From Layoff, Reduction in Force Elimination of Positions 15 Section 7.11 Notification of Tentative Assignment 15 Article VIII. PERSONNEL FILE 15 Section 8.01 General 15 Section 8.02 Right to Access 15 Section 8.03 Copies of Documents 15 Article IX. EVALUATION PROCEDURES 15 Section 9.01 Review of Procedures 15 Section 9.02 Informal Observations 16 Section 9.03 Formal Evaluations 16 Section 9.04 Post-Evaluation Procedures 16