International Association of Fire Fighters City of Champaign

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					   International Association of
   Fire Fighters
   and

   City of Champaign


   July 1, 2007 to June 30, 2010


   12


   Champaign Local Union #1260

Web Address: www.champaignlocal1260.com




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                                                TABLE OF CONTENTS
                          Table of Contents will be updated and paged after signatures
                                                                                                                                       Page
ARTICLE 1   PREAMBLE ...................................................................................................................     1
     1.1    OBJECTIVE OF THE PARTIES ....................................................................................                    1
     1.2    UNDERSTANDING OF THE PARTIES.........................................................................                            1
     1.3    PLEDGE AGAINST DISCRIMINATION AND COERCION............................................                                           1

ARTICLE 2   DEFINITIONS................................................................................................................      2
     2.1    DEFINITIONS................................................................................................................      2
            A. UNION ........................... .......................................................................................     2
            B. CITY ......................................................................................................................   2
            C. IMMEDIATE FAMILY.............................................................................................                 2
            D. PERIODS OF TIME ...............................................................................................               2

ARTICLE 3   RECOGNITION AND BARGAINING UNIT....................................................................                               5
      3.1   BARGAINING UNIT POSITION CLASSIFICATIONS....................................................                                      5
      3.2   CHAIN OF COMMAND .................................................................................................                5
      3.3   SPECIAL DUTY ASSIGNMENTS .................................................................................                        5
      3.4   EXCLUDED EMPLOYEES............................................................................................                    5
      3.5   NEW POSITION CLASSIFICATION .............................................................................                         5

ARTICLE 4   HOURS OF WORK AND LIVING CONDITION .............................................................                                 6
      4.1   APPLICATION .............................................................................................................        6
      4.2   WORK DAYS AND TOURS OF DUTY..........................................................................                            6
      4.3   WORK WEEKS / KELLY DAYS ....................................................................................                     6
      4.4   SCHEDULING KELLY DAYS ........................................................................................                   7
      4.5   DUTY SHIFTS ...............................................................................................................      7
            A. 24-HOUR PER DAY OFFICERS ...........................................................................                          7
            B. 40-HOUR PER WEEK OFFICERS........................................................................                             7
     4.6    BENEFIT CONVERSION ..............................................................................................                8
            A. 40-HOUR PER WEEK OFFICERS........................................................................                             8
            B. 52.00-HOUR PER WEEK OFFICERS...................................................................                               8
     4.7    EXCHANGING TOURS OF DUTY ................................................................................                        8
     4.8    STATION ASSIGNMENTS............................................................................................                  8

ARTICLE 5   FIRE DUTIES AND RESTRICTIONS............................................................................                         10
     5.1    DUTIES OF FIRE PERSONNEL ...................................................................................                     10
     5.2    USE OF OTHER FIRE PERSONNEL ...........................................................................                          10
     5.3    ADDITIONAL DUTIES...................................................................................................             10
     5.4    LEGAL INDEMNIFICATION ..........................................................................................                 11

ARTICLE 6   OVERTIME AND COMPENSATORY TIME ..................................................................                                12
      6.1   OVERTIME ASSIGNMENTS/OVERTIME PAY.............................................................                                   12
      6.2   FAIR LABOR STANDARDS ACT (FLSA) .....................................................................                            12
      6.3   MINIMUM OVERTIME PAYMENTS ..............................................................................                         12
      6.4   HOLD-OVERS...............................................................................................................        12
      6.5   METHOD OF SELECTION............................................................................................                  12
      6.6   PLACEMENT ON LIST OF NEW HIRES AND PROMOTIONS ....................................                                               13
      6.7   EMERGENCY CALL-BACKS ........................................................................................                    14
      6.8   COMPENSATORY TIME ..............................................................................................                 14



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         6.9      MEETINGS ON KELLY DAYS ...................................................................................... 14
         6.10     NO PYRAMIDING ................. .......... ............................................................................ 14

ARTICLE 7         UNIFORMS AND PROTECTIVE CLOTHING ...............................................................                                 15
      7.1         UNIFORMS ...................................................................................................................     15
                  A. INITIAL ISSUE OF UNIFORMS.............................................................................                        15
                  B. ANNUAL UNIFORM ALLOWANCE.......................................................................                               15
                  C. CHANGES IN STATUS .........................................................................................                   15
         7.2      PROTECTIVE CLOTHING ............................................................................................                 16
         7.3      ADMINISTRATIVE PROVISION ...................................................................................                     16
                  A. WEARING OF UNIFORMS AND PROTECTIVE CLOTHING ...............................                                                   16
                  B. RETURN OF UNIFORMS AND PROTECTIVE CLOTHING..................................                                                  16
                  C. DAMAGED UNIFORMS AND PROTECTIVE CLOTHING ....................................                                                 16

ARTICLE 8         EMERGENCY MEDICAL TECHNICIAN ....................................................................... 17
      8.1         EMERGENCY MEDICAL TECHNICIAN ....................................................................... 17
      8.2         RELATIONSHIP WITH COVENANT EMS POLICIES................................................... 17

ARTICLE 9         TRAINING OPORTUNITIES AND EDUCATIONAL REIMBURSEMENT......................                                                        18
      9.1         TRAINING OPPORTUNITIES .......................................................................................                   18
      9.2         SELECTION FOR TRAINING OPPORTUNITIES .........................................................                                   18
      9.3         TRAINING AND WORKSHOP SCHEDULING ..............................................................                                  18
                  A. ONE DAY CLASSES .............................................................................................                 18
                  B. TWO OR MORE DAY CLASSES ..........................................................................                            18
                  C. CLASSES OF THREE WEEKS OR MORE...........................................................                                     19
                  D. TRAVEL TIME .......................................................................................................           19
         9.4      EDUCATIONAL COST REIMBURSEMENT..................................................................                                 19
                  A. EDUCATIONAL COST REIMBURSEMENT PROGRAM ......................................                                                 19
                  B. ELIGIBLE EDUCATIONAL CLASSES...................................................................                               19
                  C. REQUEST PROCEDURE .....................................................................................                       19
                  D. PAID TIME-OFF FROM WORK.............................................................................                          19
                  E. REIMBURSEMENT FOR CLASS RELATED EXPENSES ....................................                                                 20

ARTICLE 10        SALARIES .....................................................................................................................   21
     10.1         2007-08 FISCAL YEAR (3.25%) ...................................................................................                  21
     10.2         2008-09 FISCAL YEAR (3.75%) ...................................................................................                  22
     10.3         2009-10 FISCAL YEAR (3.75%) ...................................................................................                  23

ARTICLE 11 LONGEVITY PAY.......................................................................................................... 24
     11.1 LONGEVITY PAY.......................................................................................................... 24

ARTICLE 12        HOLIDAYS ....................................................................................................................    25
     12.1         HOLIDAYS ....................................................................................................................    25
     12.2         ADDITION TO BASE SALARIES ..................................................................................                     25
     12.3         HOLIDAY PAY...............................................................................................................       25

ARTICLE 13 PERSONAL LEAVE ......................................................................................................                   26
     13.1 ACCRUAL OF PERSONAL LEAVE ..............................................................................                                 26
           A. 24-HOUR PER DAY OFFICERS ...........................................................................                                 26
           B. 40-HOUR PER WEEK OFFICERS........................................................................                                    26
     13.2 PERSONAL LEAVE ELIGIBILITY REQUIREMENTS ...................................................                                              26




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         13.3      REQUEST FOR PERSONAL LEAVE ...........................................................................               26
                   A. PERSONAL LEAVE REQUEST PROCEDURE ....................................................                             26
                   B. WAIVER OF ADVANCE REQUEST PERIOD .......................................................                          27
                   C. MINIMUM PERSONAL LEAVE .............................................................................              27
                   D. PERSONAL LEAVE BALANCE IN FEBRUARY....................................................                            27
         13.4      SCHEDULING PERSONAL LEAVE..............................................................................              27
         13.5      CANCELLING PERSONAL LEAVE ..............................................................................             27
         13.6      FORFEITURE OF PERSONAL LEAVE ........................................................................                27

ARTICLE 14 VACATION LEAVE........................................................................................................       28
     14.1 ACCRUAL OF VACATION LEAVE ...............................................................................                     28
           A. 24-HOUR PER DAY OFFICERS ...........................................................................                      28
           B. 40-HOUR PER WEEK OFFICERS........................................................................                         28
     14.2 VACATION LEAVE ELIGIBILITY REQUIREMENTS.....................................................                                  29
     14.3 REQUEST FOR VACATION LEAVE.............................................................................                       29
           A. VACATION LEAVE REQUEST PROCEDURE .....................................................                                    29
           B. WAIVER OF ADVANCE REQUEST REQUIREMENT ..........................................                                          29
           C. MINIMUM VACATION LEAVE...............................................................................                     29
     14.4 SCHEDULING VACATIONS .........................................................................................                29
     14.5 VACATION CANCELLATION AND CALL-BACK ..........................................................                                30
     14.6 HOLIDAYS DURING VACATION LEAVE PERIOD.......................................................                                  31
     14.7 MEETINGS DURING VACATION LEAVE.....................................................................                           31
     14.8 VACATION LEAVE PAY ...............................................................................................            31
     14.9 PAYMENT FOR ACCUMULATED VACATION LEAVE ................................................                                       31

ARTICLE 15 SICK LEAVE AND FAMILY LEAVE ..............................................................................                   32
     15.1 ACCRUAL OF SICK LEAVE .........................................................................................               32
     15.2 MAXIMUM SICK LEAVE ACCUMULATION..................................................................                             32
           A. 24-HOUR PER DAY OFFICERS ...........................................................................                      32
           B. 40-HOUR PER WEEK OFFICERS........................................................................                         32
     15.3 ADVANCE OF SICK LEAVE TO PROBATIONARY FIRE FIGHTERS .........................                                                 32
     15.4 MAJOR ILLNESS LEAVE POOL...................................................................................                   32
     15.5 SICK LEAVE ELIGIBILITY REQUIREMENT.................................................................                           33
     15.6 SICK LEAVE UTILIZATION REQUIREMENTS.............................................................                              33
     15.7 SICK LEAVE NOTIFICATION REQUIREMENT............................................................                               33
     15.8 SICK LEAVE RELEASE ................................................................................................           33
     15.9 ABUSE OR EXCESSIVE USE OF SICK LEAVE ..........................................................                               34
     15.10 SICK LEAVE PAY .........................................................................................................     35
     15.11 NON-USE OF SICK LEAVE ..........................................................................................             35
     15.12 PAYMENT FOR ACCUMULATED SICK LEAVE ..........................................................                                35
           A. PAYMENT FOR CONVERSION OF SICK LEAVE HOURS..................................                                              35
           B. PAYMENT UPON SEPARATION FROM SERVICE..............................................                                        36
     15.13 FAMILY LEAVE .............................................................................................................   36
           A. DEFINITIONS ........................................................................................................      36
           B. ELIGIBILITY FOR LEAVE .....................................................................................               37
           C. LEAVES AVAILABLE ............................................................................................             37
           D. CONDITIONS OF LEAVE......................................................................................                 37
     15.14 MATERNITY LEAVE .....................................................................................................        39

ARTICLE 16         DUTY INJURY LEAVE/WORKER'S COMPENSATION LEAVE ...................................                                    41
      16.1         DUTY INJURY LEAVE AND CERTIFICATION .............................................................                    41
      16.2         AFTER 5 ILCS 345/1 BENEFITS END..........................................................................            41
      16.3         WORKER'S COMPENSATION .....................................................................................          41

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                    A.  SICK LEAVE, VACATION LEAVE, PERSONAL LEAVE AND
                        COMPENSATORY TIME.......................................................................................               41
                    B. SENIORITY AND LONGEVITY PAY .....................................................................                       41
                    C. MEDICAL AND LIFE INSURANCE .......................................................................                      41
          16.4      MEDICAL RELEASE .....................................................................................................      42
          16.5      REHABILITATION .........................................................................................................   42
          16.6      RETURN TO WORK .....................................................................................................       42
          16.7      JOINT WELLNESS INITIATIVE ....................................................................................             42
          16.8      WORKMEN'S COMPENSATION SPLIT .......................................................................                       43

ARTICLE 17 LEAVES OF ABSENCE ................................................................................................                  44
     17.1 BEREAVEMENT LEAVE...............................................................................................                     44
           A. 24-HOUR PER DAY OFFICERS ...........................................................................                             44
           B. 40-HOUR PER WEEK OFFICERS........................................................................                                44
     17.2 JURY DUTY LEAVE......................................................................................................                45
     17.3 MILITARY RESERVE LEAVE .......................................................................................                       45
     17.4 MILITARY LEAVE .........................................................................................................             46
     17.5 DISCRETIONARY LEAVE ............................................................................................                     46
     17.6 MISCELLANEOUS LEAVE PROVISIONS ....................................................................                                  47
           A. GRANTING OR EXTENSION OF LEAVE OF ABSENCE .....................................                                                  47
           B. SUBSTANTIATION OF LEAVE OF ABSENCE.....................................................                                          47
           C. PROCEDURE UPON RETURNING FROM LEAVE OF ABSENCE......................                                                             47
     17.7 NOTIFICATION OF ABSENCE .....................................................................................                        47
     17.8 ABSENCES WITHOUT LEAVE.....................................................................................                          47

ARTICLE 18          HEALTH INSURANCE ..................................................................................................        49
     18.1           GROUP HEALTH INSURANCE ....................................................................................                49
     18.2           CITY CONTRIBUTIONS................................................................................................         49
     18.3           RIGHT TO DETERMINE BENEFITS AND SELECT CARRIERS..................................                                          49
     18.4           COORDINATION AND NON-DUPLICATION OF BENEFITS .......................................                                       49
     18.5           SUBSTITUTION OF BENEFITS....................................................................................               50
     18.6           FAILURE OF INSURANCE CARRIER TO PROVIDE BENEFIT...................................                                         50

ARTICLE 19          LIFE INSURANCE.........................................................................................................    51
     19.1           GROUP TERM LIFE INSURANCE COVERAGE ..........................................................                              51
     19.2           RIGHT TO SELECT CARRIERS...................................................................................                51
     19.3           FAILURE OF INSURANCE CARRIER TO PROVIDE BENEFIT...................................                                         51

ARTICLE 20 PERSONNEL FILES .....................................................................................................               52
     20.1 TYPES OF PERSONNEL FILES...................................................................................                          52
           A. EMPLOYEE FILE ..................................................................................................                 52
           B. SUPERVISOR'S FILE ...........................................................................................                    52
     20.2 PLACEMENT OF ITEMS IN PERSONNEL FILES ........................................................                                       52
     20.3 REMOVAL OF ITEMS FROM PERSONNEL FILES .....................................................                                          52
           A. ORAL REPRIMANDS ............................................................................................                     52
           B. WRITTEN REPRIMANDS .....................................................................................                         52
     20.4 ACCESS TO PERSONNEL FILES................................................................................                            53

ARTICLE 21 SENIORITY ...................................................................................................................       54
     21.1 DEFINITION OF SENIORITY........................................................................................                      54
           A. EMPLOYMENT SENIORITY .................................................................................                           54
           B. TIME-IN-RANK SENIORITY..................................................................................                         54



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          21.2      APPLICATION OF SENIORITY ....................................................................................               54
                    A. EMPLOYMENT SENIORITY .................................................................................                   54
                    B. TIME-IN-RANK SENIORITY..................................................................................                 54
          21.3      SUSPENSION AND TERMINATION OF SENIORITY ..................................................                                  55
                    A. SUSPENSION OF SENIORITY.............................................................................                     55
                    B. TERMINATION OF SENIORITY............................................................................                     55
          21.4      SENIORITY LIST...........................................................................................................   55

ARTICLE 22          TEMPORARY UPGRADING .......................................................................................                 57
      22.1          NEED FOR TEMPORARY UPGRADING......................................................................                          57
      22.2          SELECTION FOR TEMPORARY UPGRADING ...........................................................                               57
      22.3          COMPENSATION FOR TEMPORARY UPGRADING ..................................................                                     58
                    A. 24-HOUR PER DAY OFFICERS ...........................................................................                     58
                    B. 40-HOUR PER WEEK OFFICERS........................................................................                        58

ARTICLE 23          SELECTION AND APPOINTMENT...............................................................................                    59
     23.1           SELECTION PROCESS................................................................................................           59
     23.2           SELECTION AUTHORITY ............................................................................................            59
     23.3           APPOINTMENT PROCEDURES ..................................................................................                   59
                    A. OATH OF OFFICE.................................................................................................          59
                    B. COMMISSION .....................................................................................................         60
          23.4      PROMOTIONS ..............................................................................................................   60
                    A. SENIORITY ...........................................................................................................    60
                    B. TIME IN GRADE ...................................................................................................        60
                    C. ORDER OF TESTS ...............................................................................................           60
                    D. PROMOTIONAL EXAM % BREAKDOWN ............................................................                                61
                    E. WEIGHTING OF COMPONENTS .........................................................................                        61
                    F. UNION REVIEW OF LIST .....................................................................................               62
                    G. MAINTENANCE OF PROMOTIONAL LISTS ........................................................                                62
                    H. TESTING DEVELOPMENT COMMITTEE ............................................................                               62

ARTICLE 24 RESIDENCY.................................................................................................................. 63

ARTICLE 25 LAYOFF, BUMPING, RECALL AND REINSTATEMENT ..............................................                                             64
      25.1 LAYOFF ........................................................................................................................      64
           A. DEFINITION AND REASON FOR LAYOFF ..........................................................                                       64
           B. ORDER OF LAYOFF AND BUMPING ..................................................................                                    64
C.    NOTICE OF LAYOFF................................................................................................................          64
           D. BENEFITS FOLLOWING LAYOFF........................................................................                                 64
           E. TERMINATION OF LAYOFF STATUS..................................................................                                    65
           F. SALARY, BENEFITS AND CONDITIONS OF EMPLOYMENT AFTER
               BUMPING ..............................................................................................................           65
      25.2 RECALL AND REINSTATEMENT.................................................................................                            65
           A. DEFINITIONS .......................................................................................................               65
           B. RECALL PROCEDURE.........................................................................................                         65
           C. REINSTATEMENT PROCEDURE ........................................................................                                  65
           D. RECALL NOTIFICATION ......................................................................................                        66

ARTICLE 26 DISMISSAL ...................................................................................................................        67
     26.1 DISMISSAL ...................................................................................................................         67
           A. AUTOMATIC DISMISSAL .....................................................................................                         67
           B. DISMISSAL FOR UNSATISFACTORY JOB PERFORMANCE ............................                                                         67
           C. DISMISSAL FOR EXTENDED ABSENCE WITHOUT LEAVE ..............................                                                       68
ARTICLE 27 DISCIPLINARY ACTIONS.............................................................................................                    69
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          27.1      TYPES OF DISCIPLINARY ACTIONS..........................................................................                  69
                    A. ORAL REPRIMAND ..............................................................................................         69
                    B. WRITTEN REPRIMAND........................................................................................             69
                    C. SUSPENSION .......................................................................................................    69
                    D. SUSPENSION WITH A RECOMMENDATION FOR DISCHARGE.......................                                                 69
                    E. DISCHARGE .........................................................................................................   70
          27.2      APPLICATION AND APPROVAL OF DISCIPLINARY ACTIONS .................................                                       70
                    A. ORAL REPRIMAND, WRITTEN REPRIMAND, AND SUSPENSION ...................                                                 70
                    B. SUSPENSION WITH A RECOMMENDATION FOR DISCHARGE.......................                                                 70
                    C. DISCHARGE .........................................................................................................   71
          27.3      STATUS OF DISCIPLINARY ACTIONS .......................................................................                   71
          27.4      HANDLING OF DISCIPLINARY ACTIONS ...................................................................                     71
          27.5      OFFICER INVESTIGATIONS........................................................................................           71

ARTICLE 28 GRIEVANCE AND APPEAL PROCEDURES................................................................ 72
      28.1 DEFINITION ................................................................................................................. 72
      28.2 GRIEVANCE PROCESSING ACTIVITIES .................................................................... 72
           A. SELECTION OF UNION REPRESENTATIVES .................................................... 72
           B. DESIGNATION OF GROUP REPRESENTATIVE ................................................ 72
           C. ALLOWANCE FOR TIME-OFF WORK ................................................................. 72
           D. IMMUNITY FROM INSUBORDINATION CHARGES ............................................ 73
      28.3 GRIEVANCE FILING PROCEDURES .......................................................................... 73
           A. STEP ONE -- IMMEDIATE SUPERVISOR............................................................ 73
           B. STEP TWO – BATTALION CHIEF ........................................................................ 74
           C. STEP THREE -- FIRE CHIEF................................................................................ 74
           D. STEP FOUR -- CITY MANAGER ......................................................................... 74
      28.4 APPEAL STATUS OF GRIEVANCE ............................................................................. 74
           A. GRIEVANCES APPEALABLE TO THE CITY MANAGER ONLY.......................... 74
           B. GRIEVANCES APPEALABLE TO EITHER THE BOARD OF FIRE
               AND POLICE COMMISSIONERS OR AN ARBITRATOR..................................... 75
           C. NON-APPEALABLE DISMISSALS........................................................................ 75
      28.5 APPEAL PROCEDURES .............................................................................................. 75
           A. BOARD OF FIRE AND POLICE COMMISSIONERS ............................................ 75
           B. ARBITRATOR ..................................................................................................... 76
      28.6 JUDICIAL REVIEW BEYOND THE BOARD AND ARBITRATION................................ 77

ARTICLE 29 MANAGEMENT RIGHTS AND PRODUCTIVITY STANDARDS................................... 78
      29.1 MANAGEMENT RIGHTS AND PRODUCTIVITY STANDARDS................................... 78

ARTICLE 30 CHECK-OFF OF UNION DUES, SERVICE FEES AND UNION
           BUSINESS LEAVE .......................................................................................................            79
      30.1 NOTIFICATION AND DISTRIBUTION OF AGREEMENT.............................................                                           79
      30.2 DEDUCTION OF UNION DUES OR SERVICE FEES ..................................................                                        79
      30.3 AUTHORIZATION FOR PAYROLL DEDUCTION FORM .............................................                                            79
      30.4 UNION DUES AND SERVICE FEE RATE ....................................................................                              79
      30.5 FAIR SHARE .................................................................................................................      79
      30.6 UNION DUES AND SERVICE FEE REFUNDS ............................................................                                   80
      30.7 UNION INDEMNIFICATION ..........................................................................................                  80
      30.8 UNION BUSINESS LEAVE ...........................................................................................                  80




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ARTICLE 31 LABOR-MANAGEMENT COMMITTEE ......................................................................... 82
      31.1 LABOR-MANAGEMENT COMMITTEE ....................................................... ................. 82

ARTICLE 32 NO STRIKE OR LOCKOUT .......................................................................................... 83
     32.1 NO STRIKE ................................................................................................................... 83
     32.2 NO LOCKOUT............................................................................................................... 83

ARTICLE 33 MEDICAL EXAMINATIONS, DRUG/ALCOHOL POLICIES
            AND PHYSICAL FITNESS ............................................................................................                       84
      33.1 OBJECTIVES ................................................................................................................              84
      33.2 JOINT WELLNESS INITIATIVE COMMITTEE..............................................................                                        84
      33.3 BASELINE AND BI-ANNUAL PHYSICAL EXAMINATIONS .........................................                                                   85
            A. PROCEDURES .....................................................................................................                     85
      33.4 GENERAL POLICY REGARDING DRUGS AND ALCOHOL........................................                                                       86
      33.5 DEFINITIONS................................................................................................................              87
      33.6 PROHIBITIONS.............................................................................................................                87
      33.7 THE ADMINISTRATION OF TESTS .............................................................................                                88
            A. INFORMING EMPLOYEES REGARDING DRUG TESTING ................................                                                          88
            B. WHEN A TEST MAY BE COMPELLED ................................................................                                        88
            C. REASONABLE SUSPICION STANDARD.............................................................                                           88
            D. ORDER TO SUBMIT TO TESTING.......................................................................                                    89
      33.8 CONDUCT OF TESTS ..................................................................................................                      89
      33.9 DRUG TESTING STANDARDS ....................................................................................                              90
      33.10 RIGHT TO CONTEST ...................................................................................................                    90
      33.11 VOLUNTARY REQUESTS FOR ASSISTANCE............................................................                                           90
      33.12 DISCIPLINE...................................................................................................................           90
            A. FIRST POSITIVE...................................................................................................                    90
            B. SECOND POSITIVE..............................................................................................                        91
      33.13 DUTY ASSIGNMENT ....................................................................................................                    91
      33.14 EAP PROGRAM ...........................................................................................................                 92
      33.15 CONFIDENTIALITY OF TEST RESULTS.....................................................................                                    92
      33.16 ALCOHOL TEST STANDARDS ....................................................................................                             92

ARTICLE 34          DRIVING RESPONSIBILITIES......................................................................................                  93
     34.1           LICENSE REQUIREMENTS .........................................................................................                  93
     34.2           EFFECT OF LIMITATIONS ON DRIVING PRIVILEGE.................................................                                     93
     34.3           EMPLOYEE RESPONSIBILITIES.................................................................................                      93
     34.4           REINSTATEMENT OF DRIVING PRIVILEGES ............................................................                                93
     34.5           AUTHORITY TO CHECK ..............................................................................................               94
     34.6           COSTS OF OBTAINING AND RENEWING COMMERCIAL DRIVER’S LICENSE.......                                                              94

ARTICLE 35          DEPUTY FIRE MARSHALS ..........................................................................................                 95
     35.1           COMMISSIONED OFFICERS.......................................................................................                    95
     35.2           SALARIES FISCAL YEAR 2004-05 ..............................................................................                     95
     35.3           SALARIES FISCAL YEAR 2005-06 ..............................................................................                     95
     35.4           SALARIES FISCAL YEAR 2006-07 ..............................................................................                     95
     35.5           GRANTING OF MERIT STEP INCREASES .................................................................                              96
     35.6           WITHHOLDING OF MERIT STEP INCREASES...........................................................                                  96
     35.7           MINIMUM OVERTIME PAYMENTS ..............................................................................                        97
     35.8           ADVANCE OF SICK LEAVE TO DEPUTY FIRE MARSHALS......................................                                             97
     35.9           MAXIMUM SICK LEAVE ACCRUAL .............................................................................                        97
     35.10          FLEX TIME ...................................................................................................................   97
     35.11          VACATION LEAVE .......................................................................................................          97
     35.12          PAYMENT FOR UNUSED, ACCUMULATED SICK LEAVE ........................................                                             97
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         35.13 PERSONAL LEAVE ..................................................................................................... 97
         35.14 USE OF PERSONAL LEAVE ........................................................................................ 98
         35.15 UNIFORMS AND PROTECTIVE CLOTHING ............................................................... 98
               A. INITIAL USE OF UNIFORMS ............................................................................... 98
               B. ANNUAL UNIFORM ALLOWANCE....................................................................... 98
         35.16 PROTECTIVE CLOTHING ........................................................................................... 99
         35.17 ACCUMULATION OF COMPENSATORY TIME........................................................... 99
               A. COMPENSATORY TIME ACCRUAL .................................................................... 99
               B. MAXIMUM ACCUMULATION OF COMPENSATORY TIME................................. 99
               C. USE OF COMPENSATORY TIME ........................................................................ 99
               D. PROCEDURES AND LIMITS FOR COMPENSATORY TIME
                   ACCRUALS AND USAGE .....................................................................................100
               E. PAYMENT FOR ACCUMULATED COMPENSATORY TIME ...............................100
               F. YEAR DEFINED ....................................................................................................100

ARTICLE 36 AUTHORITY OF THE AGREEMENT............................................................................101
      36.1 COMPLETE AGREEMENT ...........................................................................................101
      36.2 SAVINGS CLAUSE .......................................................................................................101

ARTICLE 37 NOTICES.......................................................................................................................102
     37.1 NOTICES TO THE UNION AND CITY ..........................................................................102

ARTICLE 38 TERM AND AMENDMENT OF THE AGREEMENT......................................................103
      38.1 RENEWAL AND NEGOTIATION OF THE AGREEMENT.............................................103
      38.2 AMENDMENT OF THE AGREEMENT .........................................................................103

ARTICLE 39 RETIREE HEALTHCARE SAVINGS PLAN.....................................................................104
      39.1 RETIREE HEALTH CARE SAVINGS PLAN .................................................................105




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                                             ARTICLE 1

                                             PREAMBLE

1.1   OBJECTIVE OF THE PARTIES

      The objective of this Agreement is to establish and maintain effective and harmonious
      relations between the CITY and the UNION consistent with the CITY's Organization
      Philosophy. The CITY and the UNION agree that CITY employees must conduct themselves
      in a manner which promotes the values of integrity, competence, teamwork, respect and
      service in order to earn the trust and confidence of their fellow employees and the general
      public.

1.2   UNDERSTANDING OF THE PARTIES

      The CITY and the UNION agree that should the terms of this Agreement ever be in conflict
      with any other policies and procedures of the CITY, then the personnel policies and
      procedures as agreed upon by the parties and set forth in this Agreement shall take
      precedence.

1.3   PLEDGE AGAINST DISCRIMINATION AND COERCION

      The provisions of this Agreement shall be applied equally to all officers in the Bargaining Unit
      and CITY management without prejudice or discrimination as to their race, color, creed,
      class, national origin, religion, sex, age, marital status, physical or mental handicap, personal
      appearance, sexual preference, family responsibilities, matriculation, political affiliation, prior
      arrest or conviction record, or source of income; unless a bona fide occupational qualification
      exists, or such factor as outlined above is otherwise legally and expressly authorized to be
      considered. The UNION shall share equally with the CITY the responsibility for applying this
      provision of the Agreement.

      Both the CITY and the UNION agree not to interfere with the rights of officers to become or
      refrain from becoming members of the UNION, and there shall be no discrimination,
      interference, restraint, or coercion by the CITY or the UNION against any officers because of
      their membership or non-membership in the UNION.

      The UNION recognizes its responsibility as bargaining agent and agrees to represent all
      officers in the bargaining unit without discrimination, interference, restraint or coercion.




                                                   1
                                          ARTICLE 2

                                        DEFINITIONS

2.1   DEFINITIONS

      A.   UNION

           The term "UNION" as used in this Agreement shall mean the International
           Association of Fire Fighters, Champaign Local No. 1260.

      B.   CITY

           The term "CITY" as used in this Agreement shall mean the CITY of Champaign,
           Illinois, and all references with respect to an action to be taken or a decision to be
           made shall be understood to mean the City Manager, or an authorized
           representative of the City Manager.

      C.   IMMEDIATE FAMILY

           The term "immediate family" as used in this Agreement shall mean and include:

           1.       Spouse of Officer
           2.       Children of Officer (including children for whom the Officer serves as legal
                    guardian), and Children of Officer's Spouse
           3.       Spouse of Officer's Children
           4.       Parents of Officer or Officer's Spouse
           5.       Brothers and Sisters of Officer or Officer's Spouse
           6.       Grandparents of Officer or Officer's Spouse
           7.       Grandchildren of Officer
           8.       Domestic Partner of Officer (See Appendix)

      D.   PERIODS OF TIME

           The periods of time which are referenced in this Agreement include the following:

           1.       Days

                    The different types of days referenced in this Agreement include the
                    following:

                    a.     Work Days and Tours of Duty

                           The terms "work days" and "tours of duty" shall mean the various
                           days of the week during which an officer is regularly scheduled to
                           work, as set forth in Section 4.2 (Work Days and Tours of Duty). As
                           used in this Agreement in conjunction with leaves of absence,
                           personnel and disciplinary actions, and related matters, the terms
                           "work days" and "tours of duty" generally refer to the work days or
                           tours of duty of the individual officer. In the case of a request or an
                           action which requires the prior approval of a Command Officer,
                           however, the terms "work days" and "tours of duty" as applied to the



                                               2
             request period and the approval process shall mean the work days or
             tours of duty of the approving authority.

     b.      Business Days

             The term "business days" shall means the days Monday through
             Friday, exclusive of the holidays set forth in Article 12 (Holidays).

     c.      Calendar Days

             The term "calendar days" shall mean the seven (7) days of the week.

     d.      Kelly Days

             As used in this Agreement, within the forty-eight (48) hour off and
             twenty-four (24) hour on duty shift schedule, a regularly scheduled
             day off which day would otherwise have been a twenty-four (24) hour
             on-duty day. The effect of a Kelly Day is to reduce the number of
             hours regularly worked on an annual basis without reducing the total
             annual pay.

2.   Weeks

     The different types of weeks referenced in this Agreement include the
     following:

     a.      Work Week

             The term "work week" shall mean the normal work week during which
             an officer is regularly scheduled to work, as set forth in Section 4.3
             (Work Weeks).

     b.      Week

             The term "week" shall mean a period of seven (7) consecutive
             calendar days.

3.   Months

     The term "month" as referenced in this Agreement shall mean a period of
     time which extends from a date in one calendar month to the corresponding
     date in either the following or the preceding month, as the case may be.

4.   Years

     The different types of years referenced in this Agreement include the
     following:

     a.      Year

             The term "year" shall mean a period of time which extends from a
             date (month and day) in one calendar year to the corresponding date



                                 3
     (month and day) in either the following or the preceding year, as the
     case may be.

b.   Fiscal Year

     The term "fiscal year" shall mean the period of time which extends
     from July 1 in one calendar year to June 30 in the following calendar
     year (unless other beginning and/or ending dates are specified).

c.   Calendar Year

     The term "calendar year" shall mean the twelve (12) calendar month
     period beginning on January 1 and ending on the following
     December 1.




                        4
                                           ARTICLE 3

                           RECOGNITION AND BARGAINING UNIT

3.1   BARGAINING UNIT POSITION CLASSIFICATIONS

      The CITY recognizes the UNION as the sole and exclusive representative for Fire
      Department personnel in the position classifications of Probationary Fire Fighter, Fire
      Fighter, Deputy Fire Marshal, Fire Engineer, Fire Lieutenant and Fire Captain.

3.2   CHAIN OF COMMAND

      In ascending order, the chain of command shall be Fire Fighter, Fire Lieutenant and Fire
      Captain, and Fire Engineer, Fire Lieutenant and Fire Captain. The Deputy Fire Marshal will
      report to a supervisor who reports to the Fire Chief. All officers shall perform their duties
      subject to the direction of their commanding officer.

3.3   SPECIAL DUTY ASSIGNMENTS

      The Fire Chief may, at his/her sole discretion, establish "Special Duty Assignments" and
      determine the job duties, qualification requirements, and additional compensation (if
      any) for such assignments.

      It is understood that acceptance of these assignments shall be voluntary on the part of an
      officer.

      An officer who is selected for a Special Duty Assignment shall not be considered as having
      been appointed to a different rank.

3.4   EXCLUDED EMPLOYEES

      Employees in Special Duty Assignments and employees in position classifications other
      than Probationary Fire Fighter, Fire Fighter, Deputy Fire Marshal, Fire Engineer, Fire
      Lieutenant and Fire Captain, are excluded from this bargaining unit and are not subject to
      the terms of this Agreement.

3.5   NEW POSITION CLASSIFICATION

      Should any new position classification be established in the Fire Department, negotiations
      shall be reopened at the request of either party for the sole purpose of determining whether
      or not the new position classification should be included in the bargaining unit, and if so,
      what its duties, responsibilities, and salary shall be.

      If the CITY and the UNION agree that the new position classification is to be included in the
      bargaining unit, then the Agreement shall be amended according to the provisions for
      amendment or clarification of the bargaining unit as provided in the Illinois Public Labor
      Relations Act.

      If the CITY and the UNION disagree as to the inclusion of a new position classification in
      the bargaining unit, the dispute shall be resolved according to the provisions for
      amendment or clarification of the bargaining unit as provided in the Illinois Public Labor
      Relations Act.



                                                5
                                            ARTICLE 4

                         HOURS OF WORK AND LIVING CONDITION

4.1   APPLICATION

      This Article is intended to define the normal hours of work per day and per week in effect at
      the time of execution of this Agreement, and shall not be construed as a guarantee of hours
      of work per day or per week, or a guarantee of days of work per week. Nothing contained
      herein shall be construed as preventing the CITY from restructuring the normal work day or
      work week for the purpose of promoting the efficiency of the Fire Department operation.

4.2   WORK DAYS AND TOURS OF DUTY

      For those officers who are or may be assigned to fire suppression duties, the normal work
      day shall consist of twenty-four (24) consecutive hours of work, which twenty-four (24) hour
      work day may include two (2) paid meal periods (provided that an emergency situation does
      not occur which would automatically preclude either or both). Each such twenty-four (24)
      hour work day shall be considered as one (1) tour of duty.

      For officers assigned to a forty (40) hour work week, their normal work day shall consist of
      eight (8) consecutive hours of work within a twenty-four (24) hour period, interrupted by an
      unpaid meal period.

      Officers whose normal work day extends from one (1) calendar day into another, or who
      work overtime from one (1) calendar day into another, shall be considered as working on
      the calendar day on which they started to work.

4.3   WORK WEEKS / KELLY DAYS

      Beginning January 1, 1998, an officer's normal work week shall average fifty-two (52) hours
      over the course of one (1) year. The officer's normal schedule shall be twenty-four (24)
      hours on-duty, immediately followed by forty-eight (48) hours off-duty. In addition, each
      officer on this schedule shall receive an average of eight point seven (8.7) scheduled
      unpaid duty days off (Kelly Days) in each Fiscal Year. Probationary fire fighters shall be
      placed onto the Kelly Day schedule only upon placement on a twenty-four (24) hour
      schedule.

      The Fire Chief may assign employees in training and employees working special
      assignments to an average forty (40) hour week consisting of five (5) consecutive eight (8)
      hour work days.

4.4   SCHEDULING KELLY DAYS

      Kelly Days shall be assigned to each authorized position on the basis of one (1) Kelly Day
      every fourteenth (14th) regularly scheduled tour of duty. If an officer is promoted and/or
      transferred to a different shift, the officer shall be in the vacated Kelly Day position,
      regardless of the date of his/her last Kelly Day and regardless of whether the officer
      therefore has fewer than or more than eight point seven (8.7) scheduled Kelly Days in the
      fiscal year. If an officer is promoted and remains on the same shift, they will remain in the
      Kelly Day position they are in, and the officer who replaces the promoted officer will fill the
      vacated position.



                                                 6
      The CITY shall have the sole responsibility for scheduling Kelly Days for each authorized
      position and shall schedule with the goal of eliminating FLSA overtime pay.

      When an officer is scheduled to be in a training program in accordance with Article 9 of
      Section 9.3 and his/her regularly scheduled Kelly Day would occur during the training, a
      Kelly Day for that officer shall be scheduled for the shift immediately prior to the training
      program.

      For the purposes of determining holdover status, Kelly Day vacancies shall always be
      considered as the initial vacancy(ies) on the daily roster.

      Officers may exchange scheduled Kelly Days provided that the exchanging officers must be
      assigned to the same shift.

      Exchanges of Kelly Days shall be approved one (1) duty shift in advance of the first
      involved tour of duty by the officer's Battalion Chief or designee.

      Officers who exchange Kelly Days shall accept responsibility for the equity of the trade and
      the consequences should the trade fail to be repaid.

      The CITY shall have no responsibility if the trade is not repaid, regardless of the reason.

4.5   DUTY SHIFTS

      A.     24-HOUR PER DAY OFFICERS

             Duty shifts represent each of the three (3) consecutive twenty-four (24) hour periods
             during a given seventy-two (72) hour period to which these officers are assigned.

      B.     40-HOUR PER WEEK OFFICERS

             In the case of officers working an average forty (40) hour week, duty shifts
             represent various eight (8) hour periods -- excluding unpaid meal periods -- during a
             given twenty-four (24) hour period to which these officers are assigned.

             Subject to the approval of the City Manager, the Fire Chief shall be responsible for
             determining the number and types of duty shifts which shall be used in the Fire
             Department, as well as the starting and quitting times of these duty shifts. The Fire
             Chief is also authorized, at his or her discretion, to make duty shift and days off
             assignments among the officers.

4.6   BENEFIT CONVERSION

      Officers who are reassigned to a forty (40) hour work week schedule, or assigned from
      such a schedule, shall have their accumulated personal leave, vacation leave, sick leave
      and compensatory time hours converted on the following basis:

      A.     40-HOUR PER WEEK OFFICERS

             To determine the equivalent benefit hours from forty (40) hour per week officers,
             multiply the officer's fifty two (52.00) accumulated benefit hours times a conversion
             factor of .7692.



                                                  7
       B.     52.00 HOUR PER WEEK OFFICERS

              To determine the equivalent benefit hours for fifty two (52.00) hour per week
              officers, multiply the officer's forty (40) hour per week accumulated benefit hours
              times a conversion factor of 1.3008.

4.7    EXCHANGING TOURS OF DUTY

       The Fire Chief may, at his/her discretion, grant the request of any two (2) officers to
       exchange tours of duty or days off (or parts of tours or days off), without a change in pay,
       provided that, in the opinion of the Fire Chief, the officers involved are equally capable of
       performing each other's respective jobs, and are able and willing to make the exchange.
       An officer may trade shifts with any officer one rank higher or lower than their
       commissioned rank. If an officer of a higher rank is working another officer’s shift, and
       there is an upgrade in the station that officer is normally assigned, the officer of the higher
       rank can fill the upgrade position without cost to the CITY. Requests to exchange tours of
       duty or days off should be submitted with as much advance notice as is reasonably
       possible. Such request shall only be granted upon the favorable recommendation of the
       Battalion Chief, and with the approval of the Fire Chief, and they shall not arbitrarily be
       denied.

       Both parties agree that shift trades can have an impact on training and other shift activities.
        Therefore, if the CITY or the Union feels that an officer is using too many shift trades, or is
       abusing this provision of the contract, the parties agree to meet and review these trades to
       develop an appropriate resolution.

4.8.   STATION ASSIGNMENTS

       Shift, station and apparatus assignments will be selected by time in rank seniority and Kelly
       Days will be selected by employment seniority effective January 1, 2009. This selection
       process will begin with the senior member listed on the department-wide seniority list and
       continue until all departmental shift, station, and apparatus assignments are complete.
       Each individual will select a shift, a station, and an apparatus.. Once the shifts are
       established, Kelly Days will be offered by employment seniority within each established
       shift. All subsequent selections will include only the options of station, apparatus, and Kelly
       Day. Selections will be collected by the shift stewards and delivered to the Fire Chief or his
       designee for posting by November 30th prior to January 1st of the effective date.
       The selection process for shift vacancies created by promotion, retirement, resignation, or
       any other reason will begin with the senior member in the vacated rank on the shift where
       the vacancy occurs. The process will continue until all subsequent station and apparatus
       assignments on the shift are filled.

       Every three (3) years subsequent to the effective date (January 1, 2009) of the initial
       selection process, station, apparatus, and Kelly Day assignments will be offered within
       each established shift. Station and apparatus assignments will be offered by time in rank
       seniority and Kelly Days will be offered by employment seniority. The selection process will
       be facilitated in the same manner as the original process and completed by November 30th
       the preceding calendar year.
       The UNION and CITY agree that from time to time after the initial or subsequent shift and
       apparatus, bidding, modification of station and apparatus assignments may be required to
       maintain the effective management of departmental operations. Personnel reassignments
       may be requested by the employee or made by the Fire Chief for the following reasons:



                                                  8
       Training/experience needs of the officer
       Personality conflicts
       Disciplinary
       Shift staffing needs
       Employee requests for personal reasons
       Probationary firefighter placement

Employee requests for reassignment shall not be arbitrarily denied. The Fire Chief's
decision regarding employee reassignment for the reasons listed above will not be subject
to the grievance process. The UNION President shall be advised prior to the employee
notification of the reassignment.

The intent of this article is not to usurp the right of the Fire Chief to schedule and assign
work as outlined in Article 29 of this Contract, but rather to provide a fair and consistent
method of bidding station assignments on an ongoing basis.




                                            9
                                               ARTICLE 5

                              FIRE DUTIES AND RESTRICTIONS

5.1   DUTIES OF FIRE PERSONNEL

      No officers shall be required to perform any duties except those directly associated with:

      A.     Fire fighting, fire prevention, training, routine maintenance of fire fighting equipment,
             and other duties as are necessary in the operation of the Fire Department;

      B.     Basic life support and related emergency medical services in connection with the
             operations of the Fire Department.

      C.     Emergency extrication, rescue, and related services in connection with the
             operation of the Fire Department.

      D.     Demonstrations or instructions to the public or various organizations concerning
             public safety; or

      E.     Other duties mutually agreed to by the parties.

5.2   USE OF OTHER FIRE PERSONNEL

      The CITY shall only use persons who are full-time commissioned members of the career
      Fire Departments for the purpose of performing any of the emergency services listed in
      Article 5.1 (fire fighting, hazardous materials emergency response, basic life support and
      related emergency medical services and emergency extrication and rescue) in the City of
      Champaign and areas that are under contract with the CITY to provide these services,
      except in extreme emergencies and when used as independent companies under the direct
      supervision of the Champaign Fire Department.

5.3   ADDITIONAL DUTIES

      Commissioned officers assigned to work the Deputy Fire Marshal position classification or
      other special duty assignment will:

      1.     Maintain his/her EMT-B and CDL driver’s license required for his/her commissioned
             rank.

      2.     Work a minimum of two (2) prescheduled 24-hour duty shifts per year in his/her
             commissioned rank position.

      3.     Attend forty (40) hours of hands on training per year as directed by the departments
             Training and Safety officer.




                                                10
5.4.   LEGAL INDEMNIFICATION

       The CITY shall provide defense and indemnification to employees in the same manner and
       subject to the same conditions as set forth in Section 25.5-6 of the Champaign Municipal
       Code entitled “Legal Defense and Indemnification” or such successor sections that provide
       for legal defense and indemnification for at-will employees.




                                              11
                                              ARTICLE 6

                            OVERTIME AND COMPENSATORY TIME

6.1   OVERTIME ASSIGNMENTS/OVERTIME PAY

      The Fire Chief or his/her designee shall have full and complete authority to determine when
      and if any or all overtime needs to be worked.

      All hours worked beyond an officer's regularly scheduled duty shift shall be paid at a rate of
      one and one-half (1-1/2) times the officer's hourly rate of pay.

6.2   FAIR LABOR STANDARDS ACT

      Hours actually worked (excluding all paid and unpaid leaves) in excess of FLSA limits
      during the officer's twenty-eight (28) day work cycle shall be paid at a rate of one and one-
      half (1-1/2) times the officer's hourly rate of pay.

6.3   MINIMUM OVERTIME PAYMENTS

      When an officer works outside his/her regularly scheduled duty shift and the actual time
      worked is not contiguous with the officer's regularly scheduled duty shift, the officer shall
      receive a minimum three (3) hours pay at a rate of one and one-half (1-1/2) times the
      officer's hourly rate of pay. This applies even if the actual hours worked is less than three
      (3) hours.

      If an officer's actual time worked is contiguous with his/her regularly scheduled duty shift,
      the officer shall be paid for the actual time worked at a rate of one and one-half (1/2) times
      his/her hourly rate of pay.

      If an officer works outside his/her regularly scheduled duty shift at a prescheduled non-
      suppression activity, the officer shall be paid at the rate of one and one-half (1 1/2) times
      his/her hourly rate of pay for the actual time worked.

6.4   HOLD-OVERS

      Hold-over overtime shall be offered on a voluntary basis to officers on the appropriate
      voluntary overtime list. Voluntary overtime lists shall be prepared and maintained jointly by
      the Battalion Chiefs and the UNION Stewards on each duty shift. The voluntary overtime
      lists shall list each officer by position classification in the order of their time in-rank seniority
      and shall also indicate the order in which each officer shall be called for hold-over overtime
      assignments.

      Hold-over overtime assignments shall be offered on a voluntary basis by the Battalion Chief
      (or his/her designee) in the order indicated on the voluntary overtime list based on the
      number of hours worked by each officer.

6.5   METHOD OF SELECTION

      The following shall only effect the selection of employees working over on a shift, and shall
      not be considered for other overtime assignments. At the beginning of the list, all officers
      shall start with zero (0) hours. If an officer works overtime, the number of hours involved
      will be charged against that officer's time. If an officer refuses overtime, the number of


                                                   12
      hours involved will be charged against that officer's time, with a minimum of twelve (12)
      hours being charged. An officer will be offered only one (1) holdover slot per day
      regardless of the length of that slot, and regardless of whether the holdover was accepted
      or refused. The officer in each rank with the least number of hours worked shall be offered
      hold-over first, with the officer with the most hours worked being offered hold-over last.

      In the event two (2) officers have the same amount of hours, the more senior officer shall
      be offered the overtime first.

      Officers who are in voluntary hold-over duty assignments shall not be allowed to have other
      officers work for them during those assignments. If an officer is ordered back for a hold-
      over assignment, the officer may, with the approval of the Battalion Chief, have another
      officer work for him/her.

      If the need is immediate, holdover overtime need not be offered to officers who live more
      than a twenty-five mile (25) radius from station one and the hours involved will not be
      charged against that officer's time. Compensation for immediate holdovers begins from the
      time the officer is contacted and the three (3)-hour minimum starts from the time the officer
      is contacted. This is the only time home to station commuting time is paid time.

      The remedy for failure to be offered hold-over overtime is that the officer shall have
      deducted from his/her overtime balance the number of hours which should have been
      offered.

      Officers may elect to refuse voluntary overtime assignments at all times and may also
      provide a blanket refusal, in writing, to the Battalion Chief in order to avoid being called on a
      call-by-call basis. In these cases, the officer's name is retained on the voluntary overtime
      list but is only called for mandatory overtime assignments.

      If all officers on the voluntary overtime list refuse the overtime assignment, the Battalion
      Chief shall attempt to fill the assignment by a temporary upgrade and a subsequent
      voluntary assignment. If the overtime assignment still cannot be filled, the Battalion Chief
      shall fill the assignment by assigning mandatory overtime in the same order as the officers
      appear on the voluntary overtime list. An officer will not be charged with any time on the
      overtime list for mandatory overtime (whether or not time was originally refused by the
      officer.)

6.6   PLACEMENT ON LIST OF NEW HIRES AND PROMOTIONS

      Once an officer has completed the required training and is assigned to shift work, that
      officer shall be placed on the overtime list in the following manner:

             Take the number of hours of the top four and bottom four firefighters on the list, add
             all eight numbers together then divide by eight. This number is the number that
             officer will start with and will be placed on the list accordingly.

             Upon promotion to the next rank, an officer’s hours will be averaged into that rank
             the same way as for probationary firefighters.




                                                 13
6.7    EMERGENCY CALL-BACKS

       The Fire Chief, Battalion Chief or their designees shall be solely responsible for determining
       when officers shall be called back to work for emergencies. They shall also be solely
       responsible for determining how many officers in each position classification will be needed.

       Emergency call-back overtime assignments are mandatory assignments and shall not be
       refused by officers unless they are incapacitated and unable to perform the work.

       Emergency call-back overtime assignments shall not be offered to officers who live more
       than a twenty-five (25) mile radius of Station One, unless the shift commander determines a
       need for more personnel in specific position classifications.

       An officer will not be charged with any time on the voucher list for emergency mandatory
       overtime.

6.8    COMPENSATORY TIME

       All overtime shall be paid as wages and no compensatory time shall be accrued in lieu of
       overtime hours worked.

6.9    MEETINGS ON KELLY DAYS

       If an officer is requested by the CITY to attend a meeting while on a Kelly Day, the officer
       will be compensated at the overtime rate for the time spent at the meeting.

6.10   NO PYRAMIDING

       Compensation shall not be paid at more than one (1) rate of pay or more than once for the
       same hours under any provision of this Agreement.




                                                 14
                                          ARTICLE 7

                        UNIFORMS AND PROTECTIVE CLOTHING

7.1   UNIFORMS

      A.   INITIAL ISSUE OF UNIFORMS

           An initial issue of uniform items will be provided to officers at the beginning of their
           original probationary period. The following items will be issued subject to
           departmental specifications:

           4 - station uniform pants or 3 – station uniform pants and 1 – uniform shorts
           3 - station uniform shirts (long sleeve)
           3 - station uniform shirts (short sleeve)
           3 – CFD polo shirts or combination of polo’s and long sleeve mock turtleneck
                shirt total of 3.
           1 - black necktie
           1 - winter uniform jacket
           1 - summer uniform jacket
           1 - uniform cap (baseball)
           1 - pair black shoes or boots
           1 - black belt
           4 - pairs black, white or blue socks
           1 - CFD sweatpants
           1 - CFD sweatshirt
           3 - CFD t-shirts
           1 - CFD physical training shorts
           1 - CFD physical training shoes
           1 - required badges and insignia
           1 - stocking cap

      B.   ANNUAL UNIFORM ALLOWANCE

           The above list is intended to provide the employee with adequate uniform items for
           the first year of employment. An annual uniform allowance will be paid to each
           permanent employee each fiscal year thereafter to provide for maintenance and
           replacement of uniform items. An employee completing their original probationary
           period during a fiscal year shall be paid 1/12 of the uniform allowance for each
           month worked.

           The annual uniform allowance will be payable the first paycheck of November as
           follows:

                  FY 00-01 and subsequent years - $550.00

      C.   CHANGES IN STATUS

           The CITY shall provide all promoted officers with those uniform items which are
           unique to their new position, as required by departmental policy. The CITY shall
           also provide promoted officers with any new badges and insignia required by the
           new position.



                                              15
             Should the CITY require a change in the style or color of any required uniform item
             or require any new uniform item, the CITY will provide such changed or new clothing
             items to all officers who are required to wear them as the initial issue.

7.2   PROTECTIVE CLOTHING

      The CITY agrees to provide protective clothing as may be required for employees to safely
      and properly perform their duties. Protective clothing such as the following will be issued at
      no cost to the employee and in accordance with NFPA standards.

             1.      Helmet with eye protection
             2.      Thermal protection for head and neck
             3.      Bunker coat
             4.      Bunker pants
             5.      Boots
             6.      Gloves/mittens
             7.      Suspenders
             8.      Flash light
             9.      Protective Eyewear

7.3   ADMINISTRATIVE PROVISION

      A.     WEARING OF UNIFORMS AND PROTECTIVE CLOTHING

             All uniforms and protective clothing remain the property of the CITY and therefore
             must be worn and used subject to departmental rules and regulations.

      B.     RETURN OF UNIFORMS AND PROTECTIVE CLOTHING

             Upon permanent separation from the service of the CITY, all protective clothing
             (regardless of condition), badges, and insignia must be returned. The CITY may
             choose to waive this provision.

      C.     DAMAGED UNIFORMS AND PROTECTIVE CLOTHING

             All uniforms, clothing, and turn out gear lost or damaged while an officer is engaged
             in the proper performance of his or her duties shall be repaired or replaced by the
             CITY if an inspection by the officer's Battalion Chief determined sufficient damage to
             require repair or replacement.

             Eyeglasses, corrective lenses, wrist watches, hearing aids, and false teeth which
             are lost or damaged while an officer is engaged in the proper performance of his or
             her duties shall be replaced in kind by the CITY, subject to the maximum dollar
             limitations set forth below:

                     Maximum Dollar Limitations
                     Eyeglass Frames     $150.00
                     Wrist Watches       $ 50.00




                                                16
                                         ARTICLE 8

                           EMERGENCY MEDICAL TECHNICIAN

8.1   EMERGENCY MEDICAL TECHNICIAN

      All new employees hired after October 1, 1983, must, as a condition of their employment,
      become an Emergency Medical Technician (EMT-B) or equivalent and maintain this level in
      accordance with the State of Illinois Department of Public Health.

      All EMT-A’s must recertify to EMT-B by December 31, 1997.

8.2   RELATIONSHIP WITH EMS POLICIES

      The operations of the emergency medical services of the Fire Department in consort with
      the designated resource hospital's EMS policies will not in any way increase the risk of
      officers nor have any adverse impact upon their employment situation.




                                              17
                                             ARTICLE 9

            TRAINING OPPORTUNITIES AND EDUCATIONAL REIMBURSEMENT

9.1   TRAINING OPPORTUNITIES

      The CITY is committed to the principle of training for all officers. Training for officers may
      be provided by the CITY through either special on-the-job training programs or approved
      off-the-job educational workshops and training seminars. This training shall be provided to
      the extent that it is determined to be needed and insofar as it is consistent with the fiscal
      restraints of the CITY. It shall be scheduled by the Fire Chief or his/her designee insofar as
      it does not adversely affect and interfere with the orderly performance and continuity of
      municipal services within the Fire Department.

9.2   SELECTION FOR TRAINING OPPORTUNITIES

      The Fire Chief may, at his/her sole discretion, authorize or direct officers to attend training
      classes. Selection of officers to attend classes shall generally be based on an officer's
      need for the training being offered in relation to his/her current position classification or the
      next promotable position classification within the officer's career path.

      Nothing in this Article should be construed as requiring the CITY to permit officers to
      participate in training programs sponsored by entities other than the CITY during their
      scheduled duty periods.

9.3   TRAINING AND WORKSHOP SCHEDULING

      A.     ONE DAY CLASSES

             Officers selected to attend one day classes of four (4) hours or more will be
             compensated as follows:

             1.      If the class is during a duty shift, the officer will be given time off to attend, or

             2.      If off duty, the officer will be compensated as overtime unless the class is
                     scheduled the day following a duty shift in which case the officer will be
                     allowed off at 7:00 p.m. on that duty shift and no overtime given.

      B.     TWO OR MORE DAY CLASSES

             1.      All hours worked (class and duty) over their regular schedule for that
                     calendar period will be compensated as overtime.

             2.      If the class starts the day following a duty shift, the officer will be allowed off
                     at 7:00 p.m. on that duty shift.

             3.      No officer will be required to return to duty until their next duty shift following
                     the completion of the class.




                                                 18
      C.   CLASSES OF THREE WEEKS OR MORE

           Officers selected to attend classes of three weeks or more will be placed on a 40-
           hour work week and compensated accordingly.

      D.   TRAVEL TIME

           Travel time will be included as class time in any class outside the
           Champaign/Urbana metro area.

9.4   EDUCATIONAL COST REIMBURSEMENT

      A.   EDUCATIONAL COST REIMBURSEMENT PROGRAM

           Officers may be eligible to receive time-off from work to attend approved educational
           classes offered as part of a degree program, and/or they may be eligible to receive
           full or partial reimbursement for certain expenses incurred in conjunction with these
           classes.

      B.   ELIGIBLE EDUCATIONAL CLASSES

           Educational classes which may be approved include those determined to be
           relevant to an officer's present job career path within the Fire Department, or which
           may otherwise be in the interest of and beneficial to the Fire Department or the
           CITY.

      C.   REQUEST PROCEDURE

           The officer should submit a written request prior to his/her enrollment in an
           educational class according to the procedures set out in Administrative Procedure
           3.02, CITY-wide Training/Education/Tuition Reimbursement Pool. The request will
           be reviewed and, if approved, reimbursement and/or payments made as provided.

      D.   PAID TIME-OFF FROM WORK

           An officer may request paid time-off from work to attend an approved educational
           class scheduled during an officer's regularly scheduled work day or tour of duty.
           Such time-off shall be limited to a maximum of four (4) hours per work day or tour of
           duty and eight (8) hours per week, but in no case shall it be greater than the actual
           time required in conjunction with the officer's travel to and from, and attendance in
           the educational class. Requests for paid time-off from work may only be approved
           on the condition that the officer's temporary absences from duty will not adversely
           affect or unduly jeopardize the respective operations and services of the Fire
           Department. The CITY shall not arbitrarily deny these requests.




                                             19
E.   REIMBURSEMENT FOR CLASS RELATED EXPENSES

          Officers may request full or partial reimbursement for the following expenses,
          provided that such expenses are incurred by the officer in conjunction with travel to
          and from, and attendance in an approved educational class:

          1.     Tuition or registration

          2.     Books and other required class materials.

          3.     Mileage to and from an approved educational class which is held outside
                 Champaign County.




                                            20
                                              ARTICLE 10

                                               SALARIES

10.1    2007-2008 FISCAL YEAR (3.25%)

        Starting with the bi-weekly payroll period beginning June 25, 2007, and continuing during
        the 2007-08 Fiscal Year, the following base salaries, including holiday pay for 24-hour
        officers, shall be in effect:

        For firefighters hired through November 16, 2004:


POSITION                    PAY                   24 HOURS  PAY                          40 HOURS
CLASSIFICATION              GRADE STEP        HOURLY ANNUAL GRADE              STEP     HOURLY
ANNUAL


Probationary Fire Fighter   D-05              $17.1102    $46,266    D-16               $21.3075 $44,320

Fire Fighter                D-20              $20.6094 $55,728       D-25               $25.6090 $53,267

Fire Engineer               D-30              $21.9048 $59,231       D-35               $27.2162 $56,610

Fire Lieutenant             D-40              $24.6345 $66,612       D-45               $30.6160 $63,681

Fire Captain                D-50              $29.0675 $78,598       D-55               $36.1107 $75,110



For firefighters hired after November 16, 2004


Probationary Fire Fighter   D-05              $17.1102     $46,266 D-16                 $21.3075 $44,320

Fire Fighter                D-21              $17.9850     $48,631 D-26         1       $22.3729 $46,536

                                              $18.8597     $50,997              2       $23.4383 $48,752

                                              $19.7345     $53,362              3       $24.5037 $50,968

                                              $20.6094     $55,728              4       $25.6090 $53,267

Fire Engineer               D-30              $21.9048     $59,231 D-35                 $27.2162 $56,610

Fire Lieutenant             D-40              $24.6345     $66,612 D-45                 $30.6160 $63,681

Fire Captain                D-50              $29.0675     $78,598 D-55                 $36.1107 $75,110


* The annual salary is calculated based on a fiscal year of 2,704 paid hours. Actual number of hours in a
particular year may vary depending on Leap Year, etc.




                                                     21
10.2    2008-09 FISCAL YEAR (3.75%)

        Starting with the bi-weekly payroll period beginning June 23, 2008, and continuing during
        the 2008-09 Fiscal Year, the following base salaries, including holiday pay for 24-hour
        officers, shall be in effect:

For firefighters hired through November 16, 2004:

POSITION                    PAY                  24 HOURS   PAY                        40 HOURS
CLASSIFICATION              GRADE STEP        HOURLY ANNUAL GRADE               STEP HOURLY ANNUAL

Probationary Fire Fighter   D-05               $17.7518 $48,001      D-16               $22.1066 $45,982

Fire Fighter                D-20        1      $21.3823 $57,818      D-25         1     $26.5693 $55,264

Fire Fighter (10 years)                        $21.4892 $58,107                         $26.7022 $55,541

Fire Engineer               D-30               $22.8399 $61,759      D-35               $28.3780 $59,026

Fire Lieutenant             D-40               $25.5583 $69,110      D-45               $31.7641 $66,069

Fire Captain                D-50               $30.1575 $81,546      D-55               $37.4648 $77,927


For firefighters hired after November 16, 2004:

Probationary Fire Fighter   D-05              $17.7518 $48,001       D-16               $22.1066 $45,982

Fire Fighter                D-21        1     $18.6594 $50,455       D-26         1     $23.2119 $48,281

                                        2     $19.5670 $52,909                    2     $24.3172 $50,580

                                        3     $20.4746 $55,363                    3     $25.4226 $52,879

                                        4     $21.3823 $57,818                    4     $26.5693 $55,264

Fire Fighter (10 years)                       $21.4892 $58,107                          $26.7022 $55,541

Fire Engineer               D-30              $22.8399 $61,759       D-35               $28.3780 $59,026

Fire Lieutenant             D-40              $25.5583 $69,110       D-45               $31.7641 $66,069

Fire Captain                D-50              $30.1575 $81,546       D-55               $37.4648 $77,927

* The annual salary is calculated based on a fiscal year of 2,704 paid hours. Actual number of hours in a
particular year may vary depending on Leap Year, etc.




                                                     22
10.3    2009-10 FISCAL YEAR (3.75%)

        Starting with the bi-weekly payroll period beginning June 22, 2009, and continuing during
        the 2009-10 Fiscal Year, the following base salaries, including holiday pay for 24-hour
        officers, shall be in effect:

        For firefighters hired through November 16, 2004:

POSITION                    PAY                   24 HOURS            PAY           40 HOURS
CLASSIFICATION              GRADE STEP         HOURLY ANNUAL          GRADE STEP HOURLY ANNUAL


Probationary Fire Fighter   D-05               $18.4175 $49,801          D-16           $22.9356 $47,706

Fire Fighter                D-20               $22.1841 $59,986          D-25           $27.5657 $57,337

Fire Fighter (10 years)                        $22.2950 $60,286                         $27.7035 $57,623

Fire Engineer               D-30               $23.6964 $64,075          D-35           $29.4422 $61,240

Fire Lieutenant             D-40               $26.5167 $71,701          D-45           $32.9552 $68,547

Fire Captain                D-50               $31.2884 $84,604          D-55           $38.8698 $80,849


For firefighters hired after November 16, 2004

Probationary Fire Fighter   D-05               $18.4175 $49,801        D-16             $22.9356 $47,706

Fire Fighter                D-21       1       $19.3591 $52,347        D-25       1     $24.0823 $50,091

                                       2       $20.3008 $54,893                   2     $25.2291 $52,477

                                       3       $21.2424 $57,439                   3     $26.3759 $54,862

                                       4       $22.1841 $59,986                   4     $27.5657 $57,337

Fire Fighter (10 years)                        $22.2950 $60,286                         $27.7035 $57,623

Fire Engineer               D-30               $23.6964 $64,075        D-35             $29.4422 $61,240

Fire Lieutenant             D-40               $26.5167 $71,701        D-45             $32.9552 $68,547

Fire Captain                D-50               $31.2884 $84,604        D-55             $38.8698 $80,849

* The annual salary is calculated based on a fiscal year of 2,704 paid hours. Actual number of hours in a
particular year may vary depending on Leap Year, etc.




                                                     23
                                          ARTICLE 11

                                        LONGEVITY PAY

11.1   LONGEVITY PAY

       In addition to their base salary as referenced in Article 11 (Annual Salaries), all officers
       shall receive longevity pay based upon their years of continuous service with the CITY. For
       the purpose of this Article, years of continuous service shall mean an officer's employment
       seniority" as that term is set forth and defined in Section 21.1A (Definition of Seniority).

       This longevity pay shall be based upon and added to the officer's base salary in
       accordance with the following schedule:

              LONGEVITY                                                          LONGEVITY
              STEP      YEARS OF CONTINUOUS SERVICE                              PAY RATE

              L-1            5 Years (Beginning 6th Year)                        2-1/2%
              L-2            10 Years (Beginning 11th Year)                      5%
              L-3            15 Years (Beginning 16th Year)                      7-1/2%
              L-4            20 Years (Beginning 21st Year)                      10%




                                                24
                                            ARTICLE 12

                                             HOLIDAYS

12.1   HOLIDAYS

       A.     The following shall be paid holidays for all eligible officers:

              New Year's Day                                  Veteran's Day
              Martin Luther King, Jr.'s Birthday              Thanksgiving Day
              Memorial Day                                    Friday-After-Thanksgiving Day
              Independence Day                                Christmas Eve Day
              Labor Day                                       Christmas Day

              The date of occurrence for each of these holidays shall be determined and
              announced in advance by the CITY.

       B.     Personnel assigned to a 40-hour work week shall not be scheduled to work on the
              dates of occurrence but will receive regular pay for each holiday during the pay
              period in which the holiday observation occurs.

12.2   ADDITION TO BASE SALARIES

       Base salaries include one hundred twelve (112) hours of pay in lieu of paid holidays for
       employees working a 24-hour on/48-hour off work week.

12.3   HOLIDAY PAY

       An officer who is scheduled to work and actually works on the following holidays shall
       receive, in addition to their regular rate, one-half times their regular rate. The days on
       which an officer shall receive the additional one-half rate are the following six days per
       year, divided to insure 2 days per shift. The day before Thanksgiving, Thanksgiving, the
       day after Thanksgiving, New Year's Eve, New Year's Day and the day after New Year's
       Day.




                                                   25
                                             ARTICLE 13

                                         PERSONAL LEAVE

13.1   ACCRUAL OF PERSONAL LEAVE

       Officers in the employment of the CITY on March 1 of each fiscal year shall be credited with
       the following personal leave:

       A.      24-HOUR PER DAY OFFICERS

               Officers on a twenty-four (24) hour on/forty-eight (48) hour off work week schedule
               shall be credited with twenty-four (24) hours of personal leave.

       B.      40-HOUR PER WEEK OFFICERS

               Officers on a forty (40) hour work week schedule shall be credited with twenty-four
               (24) hours of personal leave.

       Fire Fighters hired after March 1 shall be credited with personal leave at the time of their
       employment according to the following schedule:

                                               24-HOUR PER              40-HOUR PER
       MONTH EMPLOYMENT BEGINS                 DAY OFFICERS            WEEK OFFICERS

       March through June                         (24 Hours)               (24 Hours)
       July through October                       (12 Hours)               (12 Hours)
       November through February                    None                    (6 Hours)

13.2   PERSONAL LEAVE ELIGIBILITY REQUIREMENTS

       Officers shall be eligible to take paid personal leave at any time following their date of
       employment with the CITY, provided that they have sufficient accumulated personal leave
       hours.

       When an officer's sick leave accruals have been exhausted, the officer may use his/her
       personal leave in conjunction with an illness or disability, as long as the officer is eligible to
       receive paid leave for such sick leave absence.

13.3   REQUEST FOR PERSONAL LEAVE

       A.      PERSONAL LEAVE REQUEST PROCEDURE

               Requests shall be granted by the Deputy Chief of Suppression. Such requests shall
               be approved, unless the Deputy Chief determines that such absence by the officer
               would adversely affect and interfere with the orderly performances and continuity of
               services in the officer's Division.




                                                   26
       B.     WAIVER OF ADVANCE REQUEST PERIOD

              The advance request requirement may be waived by the Deputy Chief if the
              personal leave is being requested because of an unforeseen or emergency
              situation.

       C.     MINIMUM PERSONAL LEAVE

              Personal leave shall not be requested, approved or taken for periods of less than
              three (3) hours for 24-hour per day officers, and not less than one (1) hour for 8-
              hour per day personnel.

       D.     PERSONAL LEAVE BALANCE IN FEBRUARY

              If an officer's personal leave balance falls below three (3) hours in the month of
              February, the officer can add the remaining balance to vacation time. A minimum of
              twelve (12) hours must be taken at this time.

13.4   SCHEDULING PERSONAL LEAVE

       Personal leave cannot be scheduled prior to the end of the initial vacation selection period.

13.5   CANCELLING PERSONAL LEAVE

       In case of an emergency, the Fire Chief or Deputy Chief may cancel any or all approved
       personal leaves in advance of their being taken.

13.6   FORFEITURE OF PERSONAL LEAVE

       At midnight on the last day of February, or at the time an officer resigns, retires or is
       otherwise permanently separated from the service of the CITY, the officer's accumulated
       personal leave hours shall be forfeited. Under no circumstances shall an officer's
       accumulated personal leave hours be converted to a cash payment, or carried forward into
       the next fiscal year.




                                                27
                                            ARTICLE 14

                                        VACATION LEAVE

14.1   ACCRUAL OF VACATION LEAVE

       Officers with at least six (6) months of continuous service with the CITY shall be allowed to
       take vacation leave as long as they have accumulated sufficient vacation leave credit and
       that such vacation leave has been properly requested, approved and scheduled in
       advance.

       Officers shall accrue vacation leave according to the following schedules:

       A.     24-HOUR PER DAY OFFICERS

                                                               HOURS OF VACATION
         VACATION                     YEARS OF                   ACCRUED PER
       MAXIMUM
       ACCUMULATION           CONTINUOUS SERVICE              BI-WEEKLY PAY PERIOD            LEAVE

       Through the                    5th Year                        5.17 hours            288 hours
       Beginning                      6th Year                        5.82 hours            288 hours
       Beginning                      7th Year                        6.46 hours            288 hours
       Beginning                      8th Year                        7.11 hours            288 hours
       Beginning                      9th Year                        7.75 hours            288 hours
       Beginning                      15th Year                       8.40 hours            288 hours
       Beginning                      20th Year                       9.05 hours            288 hours

       B.     40-HOUR PER WEEK OFFICERS

                                                              HOURS OF VACATION
         VACATION                     YEARS OF                  ACCRUED PER
       MAXIMUM
       ACCUMULATION           CONTINUOUS SERVICE              BI-WEEKLY PAY PERIOD            LEAVE

       Through the                    5th Year                        3.69 hours            200 hours
       Beginning                      6th Year                        4.15 hours            200 hours
       Beginning                      7th Year                        4.62 hours            200 hours
       Beginning                      8th Year                        5.08 hours            200 hours
       Beginning                      9th Year                        5.54 hours            200 hours
       Beginning                      15th Year                       6.00 hours            200 hours
       Beginning                      20th Year                       6.46 hours            200 hours

       Officers shall accrue vacation leave on a bi-weekly basis. They shall accrue vacation leave
       for any pay period in which they receive pay for at least fifty percent (50%) of the hours they
       were normally scheduled to work.

       Officers may only exceed maximum vacation leave accumulations if they are requested by
       their supervisor to schedule their vacation leave at a later date, or if they should have their
       vacation leave cancelled in accordance with this Article or if on duty injury.




                                                  28
14.2   VACATION LEAVE ELIGIBILITY REQUIREMENT

       Officers shall start to accrue and accumulate vacation leave as of their date of employment.
        When an officer's sick leave and/or duty injury leave benefits have been exhausted, the
       officer may use his or her accumulated vacation leave in conjunction with an illness or
       disability.

14.3   REQUEST FOR VACATION LEAVE

       A.     VACATION LEAVE REQUEST PROCEDURE

              In order to assure the orderly performance and continuity of services, requests for
              vacation leave shall be submitted to the Deputy Chief of suppression as far in
              advance as possible.

              Requests for vacation leave shall be granted only upon the approval of the Deputy
              Chief of suppression. Such requests shall be approved, unless the Deputy Chief
              determines that such absence by the officer would adversely affect and interfere
              with the orderly performance and continuity of services in the officer's Division.

              However, nothing contained in this Section shall be construed or interpreted as
              requiring that the Deputy Chief approve a vacation leave request.

       B.     WAIVER OF ADVANCE REQUEST REQUIREMENT

              The advance request requirement may be waived by a Deputy Chief if the vacation
              leave is being requested because of an unforeseen or emergency situation, or if the
              requested vacation leave period is of such short duration so as to not adversely
              affect services. The decision of the Deputy Chief shall be final and not grievable.

       C.     MINIMUM VACATION LEAVE

              Except to the extent that all other leave (such as sick leave and personal leave) may
              be exhausted, and an officer may have to request and use vacation leave for
              purposes other than taking a vacation, vacation leave shall not be requested,
              approved or taken for consecutive periods of less than one-half (1/2) work day or
              one-half (1/2) tour of duty.

14.4   SCHEDULING VACATIONS

       Vacations will be scheduled, insofar as possible and practical, at those times requested by
       each officer. Because continuity of municipal services must be maintained, the CITY shall
       not authorize more than six (6) officers to take vacation and/or personal leave, and/or Kelly
       days, at the same time on any duty shift in the Fire Suppression Division. If a Kelly Day(s)
       is moved due to contract provisions, that Kelly Day(s) will not count against the six (6) slots
       allotted in this article.

       A.     Requests for vacation leave which are submitted during the month of December
              immediately preceding the calendar year will be processed with those officers
              having the most time-in-rank seniority receiving the highest preference within their
              respective group. The calendar year for vacation selection shall include the
              subsequent January, provided the selection begins in December and continuous
              duty days are selected.


                                                 29
              There shall be three (3) selection groups per duty shift in the Fire Suppression
              Division:

                      Selection Group One:            Fire Captains and Fire Lieutenants
                      Selection Group Two:            Fire Engineers
                      Selection Group Three:          Fire Fighters

              During the first round of vacation selection each December, one (1) officer in each
              duty shift selection group may schedule vacation leave for a given work day or
              consecutive work days. For selection group one, the order of selection shall be
              based on the officer’s employment seniority. Subsequent to this initial round of
              vacation selection, all officers are eligible to schedule vacation leave, up to the
              maximum number authorized, according to the time-in-rank seniority of all of the
              officers participating in the selection.

       B.     Requests for vacation leave shall be taken during the first week of December
              immediately preceding the calendar year. A second round selection shall be done
              no earlier than one (1) week and no later than two (2) weeks after the first round.
              The second round will be done the same way as the first round. A third round
              selection shall be done the same day as the second round. For the third round,
              selection will be done by the officer's time on the job seniority. The days that will be
              open for this round will be the ones that only have two (2) scheduled Kelly Days.
              Days that have three (3) scheduled Kelly Days will not be open for this third round.

       C.     Requests for vacation leave which are submitted during the actual calendar year will
              be processed in the order they are received by the Deputy Chief.

14.5   VACATION CANCELLATION AND CALL-BACK

       In the case of an emergency, the Fire Chief may cancel and reschedule any or all approved
       vacation leaves. The rescheduling of vacations shall be accomplished consistent with the
       time-in-rank seniority of the officers affected.

       Officers shall be reimbursed for direct expenses incurred for lost deposits or other
       documented costs directly related to the cancellation of their vacation.

       An officer may cancel scheduled leave at any time prior to 0700 hours one (1) duty day
       (three [3] calendar days) prior to the day he/she is scheduled off by notifying his/her division
       head of the cancellation.

       If an officer wishes to cancel scheduled leave any time after 0700 hours on the duty day
       prior to the day he/she intends to cancel, he/she will only be allowed to do so if one (1) of
       the six (6) slots is completely open. He/she must notify his/her division head of the officer's
       intent to cancel. If all bargaining unit slots are full or any portion of all six (6) slots is
       simultaneously full, the officer will not be allowed to cancel his/her scheduled leave.




                                                 30
14.6   HOLIDAYS DURING VACATION LEAVE PERIOD

       In the case of officers on a forty (40) hour work week schedule, if a holiday occurs during
       the period an officer is on approved vacation leav, such holiday shall be considered and
       treated as a holiday, and no vacation leave shall be deducted from the officer for that
       particular work day.

14.7   MEETINGS DURING VACATION LEAVE

       If an officer is requested by the Deputy Chief to attend a meeting while on a scheduled
       vacation, the hours spent at the meeting will be credited back to his or her vacation leave.

14.8   VACATION LEAVE PAY

       The rate of vacation leave pay shall be an officer's regular straight-time hourly rate of pay in
       effect for the officer's regular position at the time the vacation leave is being taken.

14.9   PAYMENT FOR ACCUMULATED VACATION LEAVE

       Officers who resign, retire or are otherwise permanently separated from the service of the
       CITY, shall receive payment for all of their accumulated vacation leave hours upon their
       separation from employment with the CITY at the officer's regular straight-time hourly rate
       of pay in effect for the officer's regular position on the last day of the officer's employment
       or upon death paid to beneficiary according to law.




                                                  31
                                            ARTICLE 15

                                 SICK LEAVE AND FAMILY LEAVE

15.1   ACCRUAL OF SICK LEAVE

       Officers shall accrue sick leave according to the following schedule:

              24-HOUR PER DAY OFFICERS                       40-HOUR PER WEEK OFFICERS

                      BI-WEEKLY                                     BI-WEEKLY
                      PAY PERIOD                                    PAY PERIOD

                          5.17                                          3.69

       Officers shall accrue sick leave on a bi-weekly basis at the end of each pay period in which
       they receive at least forty (40) hours of regular pay.

15.2   MAXIMUM SICK LEAVE ACCUMULATION

       A.     24-HOUR PER DAY OFFICERS

              A maximum of one thousand three hundred forty-four (1,344) hours of sick leave.

       B.     40-HOUR PER WEEK OFFICERS

              A maximum of nine hundred sixty (960) hours of sick leave.

15.3   ADVANCE OF SICK LEAVE TO PROBATIONARY FIRE FIGHTERS

       The CITY will advance to probationary fire fighters at the date of hire seventy-two (72)
       hours of sick leave. This will be in addition to their bi-weekly sick leave accrual.

15.4   MAJOR ILLNESS LEAVE POOL

       Officers who incur an extreme, major illness which requires overnight, in-patient
       hospitalization; and who are unable to work for more than five (5) work days for forty (40)
       hour per week officers or three (3) tours of duty for twenty-four (24) hours per day officers;
       and who have exhausted all of their sick leave benefits; shall be eligible for benefits under
       the Major Illness Leave Pool.

       When an officer meets these criteria, other officers in the bargaining unit may donate a
       minimum of eight (8) hours, up to a total of one hundred (100) hours for forty (40) hour per
       week officers of a minimum of ten (10) hours, up to a total of one hundred sixty (160) hours
       for twenty-four (24) hour officers, for all employee donations. The CITY will also contribute
       sick leave hours up to a maximum of eighty (80) hours or one hundred twenty (120) hours if
       the illness required overnight in-patient hospitalization. The total hours in the Major Illness
       Leave Pool will be available (up to one hundred eighty (180) hours or two hundred eighty
       (280) hours maximum) for each eligible officer.




                                                 32
       Officers shall not be eligible to use the Major Illness Leave Pool if they have been
       disciplined for sick leave abuse or if they cannot provide a written doctor's statement
       certifying their need to be off work longer than five (5) consecutive work days or three (3)
       consecutive tours of duty.

       If the officer has not used the donated leave upon full return to duty, the unused donated
       leave will be returned pro-rata to the officers and CITY.

15.5   SICK LEAVE ELIGIBILITY REQUIREMENT

       Officers shall start to accrue and accumulate sick leave as of their employment, and they
       shall be eligible for paid sick leave absences once they have accumulated or been
       advanced sufficient sick leave hours.

15.6   SICK LEAVE UTILIZATION REQUIREMENTS

       Officers shall be allowed to take sick leave when they or a member of their immediate
       family is suffering from a non-service connected illness or disability, provided that they are
       eligible and have accumulated or been advanced sufficient sick leave credit.

15.7   SICK LEAVE NOTIFICATION REQUIREMENT

       It is the responsibility of all officers requesting sick leave to properly notify the Deputy Chief
       of Suppression.

       Officers who are requesting sick leave shall notify or cause notification to be made to the
       Deputy Chief at least thirty (30) minutes before the time specified for the beginning of their
       work day or duty shift, or as soon as is reasonably possible. When someone other than the
       officer is requested to make the required notification, then the officer will be solely
       responsible for that notification being made.

       When officers become sick or ill during their work day or duty shift, they must notify or
       cause notification to be made to the Deputy Chief.

       In the event no sick leave notification is made within thirty (30) minutes after the start of the
       work day or duty shift, or after an officer becomes sick or ill and leaves work, the Deputy
       Chief shall consider and handle the officer's absence as an absence without leave, unless
       the officer can later substantiate and document that it was impossible to make or cause
       such notification.

       Such sick leave notification must be made for each work day and tour of duty that sick
       leave is being requested, unless this requirement is expressly waived by the Deputy Chief.

15.8   SICK LEAVE RELEASE

       The CITY shall have the right, at its discretion, to require any officer who is sick or disabled
       for five (5) or more consecutive work days (in the case of officers on a forty (40) hour work
       week schedule) or three (3) or more consecutive tours of duty (in the case of officers on a
       twenty-four (24) hour on/forty-eight (48) hour off work week schedule), to obtain and
       submit, at the officer's expense, a physician's release certifying that he or she is fit to return
       to work and perform all the duties of his/her position at any time. This release must be
       submitted to the Human Resources Director before the officer will be permitted to return to
       work.


                                                  33
       The CITY may require, at its discretion and at its cost, that an officer take a medical
       examination with the nature and extent of such medical examination to be determined by
       the CITY. Depending upon the results of this medical examination, the CITY may approve
       or deny the officer's request to return to work. Any action appealed by the CITY as a result
       of this medical examination may be appealed by the officer through the grievance and
       arbitration procedure.

15.9   ABUSE OR EXCESSIVE USE OF SICK LEAVE

       The CITY may require competent proof of an employee’s illness, disability, or of an
       employee’s need to attend to a member of his/her immediate family when it has reason to
       suspect that an employee is abusing sick leave. Reasons for suspecting abuse of sick
       leave may include any of the following:

       * a pattern of sick leave usage such as repeated use of sick leave in conjunction with
         regular days off or holidays without a physician’s statement

       * a pattern of sick leave usage such as repeated use of sick leave on a particular day of
         the week

       * repeated use of sick leave benefits as they are earned, without a physician’s statement

       * use of more sick leave than accrued in any twelve (12) month period, without a
         physician’s statement

       * using sick leave and being witnessed in activities which indicate ability to work

       If any one of the above situations occurs, and if the employee cannot show proof of
       legitimate illness(es) by providing a physician’s statement(s), the CITY shall orally counsel
       the employee with UNION representation. Within six (6) months after oral counseling is
       provided, if any of the above situations occur or continue to occur without a physician’s
       statement, the employee may be given a written notice indicating that they will be placed on
       a six (6) month sick leave review status. During this review period, the employee will not
       accrue sick leave hours. If the employee discontinues the pattern of sick leave abuse
       during this entire six (6) month review period, then he/she will be credited for all sick leave
       hours that he/she would have normally accrued. The employee may provide physician’s
       statements expressly indicating that the employee cannot perform his/her normal duties (or
       a family member’s illness or disability) for each work day where sick leave time is used
       during this six (6) month sick leave review period as proof of explanation for legitimate sick
       leave use.

       Any use of sick leave not in compliance with reasons for which such leave may be used
       shall constitute abuse and may be subject to denial of sick leave pay to progressive
       discipline.

       The CITY agrees to notify the UNION prior to disciplining an employee for abuse of sick
       leave resulting from the repeated use of sick leave benefits as they are earned without a
       physician’s statement, or from the use of more sick leave than accrued in any twelve (12)
       month period without a physician’s statement. At the request of the UNION, the CITY shall
       discuss the proposed disciplinary action with the UNION prior to administering discipline
       provided the UNION requests such a meeting within five (5) business days after receiving
       notice from the CITY.


                                                 34
15.10 SICK LEAVE PAY

     The rate of sick leave pay shall be an officer's regular straight-time hourly rate of pay in
     effect for the officer's regular position at the time the sick leave is being taken.

15.11 NON-USE OF SICK LEAVE

     Any officer who is in the employment of the CITY during the entire first half of a personal
     leave cycle (March 1 through August 31) or the entire second half of a personal leave cycle
     (September 1 through the last day of February) and who does not have any sick leave use,
     will receive six (6) hours of personal leave for twenty-four (24) hour officers and two (2)
     hours of personal leave for forty (40) hour per week officers.

15.12 PAYMENT FOR ACCUMULATED SICK LEAVE

     Officers may receive payment for their accumulated sick leave in the following ways:

     A.     PAYMENT FOR CONVERSION OF SICK LEAVE HOURS

            Officers who have accumulated at least three-fourths (3/4) of their maximum
            allowable hours of sick leave by the end of the last full pay period of each fiscal
            year, may elect at that time to convert a portion of their accumulated sick leave
            hours to a cash payment.

            The minimum number of sick leave hours which must be accumulated, and the
            maximum number of such sick leave hours which may be converted, are:

             CONVERSION OF ACCUMULATED SICK LEAVE HOURS FOR:

            24-HOUR PER DAY OFFICERS                        40-HOUR PER WEEK OFFICERS

              MINIMUM               MAXIMUM                   MINIMUM              MAXIMUM
             SICK LEAVE            SICK LEAVE                SICK LEAVE            SICK LEAVE
            ACCUMULATION          CONVERSION                ACCUMULATION          CONVERSION

              1,008 hours            168 hours                 720 hours             120 hours

            The sick leave hours requested to be converted by an officer shall be converted to a
            cash payment on a ratio of four for one (4:1). For each four (4) hours of sick leave
            which the officer elects to convert, he/she shall be paid for one (1) hour. The total
            number of sick leave hours which are converted shall be deducted from the officer's
            total accumulated sick leave hours.

            The amount of this payment shall be calculated based upon an officer's regular
            straight-time hourly rate of pay in effect for the officer's regular position on the last
            work day of the last full pay period of the fiscal year.




                                                 35
     B.     PAYMENT UPON SEPARATION FROM SERVICE

            Officers with twenty (20 years or more continuous service who resign, retire or are
            eligible to receive payment of accumulated sick time under Article 16, Section 16.2,
            shall, if they are eligible, be paid for a portion of their accumulated sick leave hours
            upon their separation from employment with the CITY. In the event of an officer's
            death, this payment shall go to the officer's beneficiaries.

            The percentage of accumulated sick leave hours for which officers shall be paid at
            the time of their separation from employment is as follows:

                                                           PERCENT OF ACCUMULATED
                   TOTAL HOURS ACCRUED                     SICK LEAVE HOURS FOR
                   UPON SEPARATION                         WHICH PAYMENT WILL BE MADE
                   24 Hour personnel
                   Less than 564 hours                             50%
                   565-677 hours                                   55%
                   678-789 hours                                   60%
                   790-902 hours                                   65%
                   903 hours or more                               70%

                    40 Hour per week personnel
                    Less than 403 hours                            50%
                    404-479 hours                                  55%
                    480-565 hours                                  60%
                    566-642 hours                                  65%
                    643 hours or more                              70%

            For purposes of this Section, years of continuous service shall mean an officer's
            "employment seniority", as that term is set forth and defined in Section 21.1A
            (Definition of Seniority).

            The amount of this payment for these accumulated sick leave hours (based upon
            the percentage which are eligible) shall be calculated based upon an officer's
            regular straight-time hourly rate of pay in effect for the officer's regular position on
            the last day of the officer's employment.

15.13 FAMILY LEAVE

     The purpose of this Section is to implement the provisions of the Federal Family and
     Medical Leave Act (FMLA) of 1993. Procedures not specifically set forth here shall be
     resolved by reference to the Federal statute and Federal rules and regulations.

     A.     DEFINITIONS

            1.     "Parent" means the biological parent of an officer or an individual who
                   stood in loco parentis to an officer when the employee was a son or
                   daughter.

            2.      "Child" means son or daughter of an officer that is a biological, adopted
                    or foster child, step child, legal ward or a child of a person standing in




                                                36
            loco parentis who is under the age of 18 or 18 years or older and
            incapable of self care because of a mental or physical disability.

     3.     "Spouse" means a husband or wife.

     4.     "Serious health condition" means an illness, injury, impairment or physical
            or mental condition that involves inpatient care in a hospital, hospice or
            residential medical care facility or continuing treatment by a health care
            provider.

B.   ELIGIBILITY FOR LEAVE

     An officer who has been employed by the CITY for at least twelve (12) months (not
     necessarily continuously) and for at least one thousand two hundred fifty (1,250)
     hours within the previous twelve (12) month period shall be eligible for family leave
     under this Section.

C.   LEAVES AVAILABLE

     FMLA leave shall be available for:

     1.     The birth of a child of the officer or placement for adoption or foster care of a
            child with the officer, in order to care for such child within the first twelve (12)
            months after birth or placement;

     2.     The serious health condition of the officer, which makes the officer unable to
            perform the functions of the position;
     3.     Care for the spouse, child or parent of the officer, if such spouse, child or
            parent has a serious health condition, and the officer, is needed to provide
            such care.

D.   CONDITIONS OF LEAVE

     1.     General Conditions.

            a.      Eligible officers are entitled to up to twelve (12) work weeks of leave
                    during the calendar year for all the specific events listed above.

            b.      Prior to use of an unpaid leave for a serious health condition of
                    themselves or a parent, child or spouse, officers are required to use
                    all available accumulated leave (vacation, personal, and sick time).
                    Prior to use of an unpaid leave for child care after birth or placement
                    of a child, officers are required to use all accumulated leave available
                    for use. Sick leave is not available for child care, in the absence of a
                    serious health condition.

            c.      Paid leave taken for FMLA qualifying events, regardless of whether it
                    was vacation, sick, etc., shall be designated as FMLA leave and
                    credited against the twelve (12) week entitlement period.

            d.      The CITY shall pay the CITY's portion of health insurance premiums
                    during FMLA leave. Prior to taking unpaid leave, the officer shall
                    make arrangements to pay the officer's portion of insurance


                                        37
            premiums, if desired, with the Personnel Department. Premium
            payments for which the officer is responsible are subject to any
            change in any rates while the officer is on leave. If the officer's
            premium payment is more than thirty (30) days late, the CITY may
            terminate the premium paid coverage from that program. If, in its sole
            discretion, the CITY pays the officer's share of premiums missed by
            the officer while the officer is on leave, the CITY may require the
            officer to reimburse the CITY for such payments.

     e.     During any portion of FMLA leave which is without pay, the officer
            shall not continue to accrue leave benefits. Seniority credits shall be
            temporarily suspended for any unpaid leave in excess of thirty (30)
            days.

     f.     The CITY may request a sick leave release prior to return to work
            after an unpaid FMLA leave. The CITY may request periodic reports
            of the officer's intent and planned date of return to work.

     g.     An officer returning from FMLA shall be restored to the same or
            equivalent position with equivalent pay, benefits and other
            employment terms. The officer shall not lose any benefit accrued
            prior to the start of an FMLA leave.

     h.     The amount of FMLA leave available to a part-time officer shall be
            calculated based on the average weekly hours worked during the
            twelve weeks prior to the start of the paid or unpaid FMLA leave.

2.   Leave for Birth or Placement of a Child.

     a.     The officer shall provide notice of the expected date, if known, of the
            birth or placement of a child at least thirty (30) days in advance.
            Otherwise, notification of the need for FMLA leave shall be given as
            far in advance as practical.

     b.     An officer may request intermittent leave or leave on a reduced leave
            schedule for birth or placement and such request may be granted at
            the discretion of the CITY. Such leave shall not be arbitrarily denied.

     c.     If both spouses are employed by the CITY, total FMLA leave taken
            for the birth or placement of a child shall be limited to twelve (12)
            work weeks for both spouses combined.

3.   Leave Due to a Serious Health Condition.

     a.     If paid or unpaid FMLA leave is requested because of a serious
            health condition of the officer, the officer's spouse, child or parent,
            the officer shall provide a certification of serious health condition
            within fifteen (15) days of request by the CITY. The form of
            certification shall be as provided in attachment A. If further
            certification is necessary, in the discretion of the CITY, procedures
            under the Family and Medical Leave Act of 1993 shall be followed.
     b.     The officer shall provide notification of the need for FMLA leave thirty
            (30) days in advance of planned medical treatment, but in any case


                               38
                            as soon as practicable after the need arises. As soon as practicable
                            is normally within two (2) business days after the need for unpaid
                            leave is known.

                    c.      If the officer requests an intermittent leave or leave on a reduced
                            work schedule, such leave will be granted provided a certification for
                            health care provider documenting the necessity of such leave is
                            provided. The CITY may temporarily transfer the officer to an
                            available alternative position with equivalent pay and benefits if
                            necessary to better accommodate the recurring periods of leave.
                            The amount of intermittent or reduced leave to which the officer is
                            entitled shall be computed according to FMLA regulations.

15.14 MATERNITY LEAVE

     An officer who is not eligible for family leave because of insufficient service credits under
     Section 12.11.B may apply for Maternity Leave. Maternity leave shall be treated as any
     other disability except for the additional benefits provided in this Section.

     Any officer who is or becomes pregnant shall be entitled to a leave of absence without pay
     for the birth of her child or children, and for her period of convalescence immediately
     following.

     The length of maternity leave allowed shall be consistent with the recommendation of the
     employee's physician in consideration of the employee's ability to perform the duties of their
     position without danger to the health and welfare of the employee and the child.

     To be eligible for maternity leave, a pregnant officer must notify her Battalion Chief of her
     condition not later than three (3) months prior to her expected date of delivery, and she
     must provide her Battalion Chief with a written statement, signed by her physician,
     indicating the expected date of delivery. The pregnant officer may continue in her regular
     employment so long as her physician, upon request by the CITY, states in writing that she
     is able to perform all duties of her position.

     To be eligible for reinstatement, the officer must notify her Battalion Chief within one (1)
     month following delivery of her desire and intention to return to work, and she must return
     to work within at least two (2) months following her delivery, unless she is granted a
     disability leave.

     Maternity leave shall be considered as an approved leave of absence without pay, and the
     officer shall not continue to accrue vacation leave and sick leave. Seniority credit shall be
     temporarily suspended. However, the officer may use any or all of her accumulated sick
     leave, vacation leave, personal leave and compensatory time. While the officer is using
     such accumulated leave, she will continue to receive full pay and benefits, without any
     interruption of her seniority.

     Prior to the officer's return to work, she shall be required to submit, at her expense, a
     physician's release certifying that she is fit to return to work and perform all the duties of her
     position. This release must be submitted to the Personnel Director before the officer will be
     permitted to return to work.




                                                39
The CITY reserves the right, at its discretion, to verify any physician's statement requested or
      presented, and to require the officer to be examined, at the CITY's expense, by a physician
      selected by the CITY.




                                               40
                                            ARTICLE 16

                  DUTY INJURY LEAVE/WORKER'S COMPENSATION LEAVE

16.1   DUTY INJURY LEAVE AND CERTIFICATION

       An officer who is temporarily disabled as the result of sickness, accident or injury in the line
       of duty shall be entitled to the benefits of 5 ILCS 345/1 et seq. Such benefits shall be paid
       and processed as worker's compensation benefits. Any determination in the worker's
       compensation case shall be binding the CITY and the officer with respect to benefits under
       5 ILCS 345/1 et seq.

       The officer retains all rights which the officer may have under worker's compensation law.

16.2   AFTER 5 ILCS 345/1 BENEFITS END

       After the officer has not been working for more than three (3) years because of a work
       related injury, his/her accumulated sick leave, accrued vacation time and any compensation
       time off to which he/she may be entitled (as provided in Article 15, Sick Leave), shall be
       paid to the officer, unless mutually agreed otherwise.

16.3   WORKER'S COMPENSATION

       The employer shall not enact any ordinance, rule, regulation, or other law that bars or has
       the effect of barring the rights of employees injured in the line of duty from continuing to
       exercise their rights to file and have their claims heard and determined according to the
       provisions of the Illinois Worker’s Compensation Act (8.20 ILCS 305/1, et seq.)

       If officers are entitled to benefits under the Illinois Worker's Compensation Act provisions,
       during such time that an officer is receiving worker's compensation pay, and provided that
       they retain and maintain their employment status with the CITY, benefits shall be:

       A.     SICK LEAVE, VACATION LEAVE, PERSONAL LEAVE AND COMPENSATORY
              TIME

              Officers receiving worker's compensation pay shall not continue to accrue sick
              leave, vacation leave and personal leave. They shall retain their accumulated sick
              leave, vacation leave, personal leave and compensatory time, but they shall not be
              eligible to use any such accumulated leave.

       B.     SENIORITY AND LONGEVITY PAY

              Officers receiving worker's compensation pay shall have both their employment
              seniority and their time-in-rank seniority continue uninterrupted. However, they shall
              not receive any longevity pay increases for which they may be eligible until such
              time that they return to work.

       C.     MEDICAL AND LIFE INSURANCE

              Officers receiving worker's compensation pay shall still be eligible to participate in
              the CITY's group medical insurance plan and group term life insurance plan,
              provided that they pay all of the premium costs for these plans (including the CITY's
              share).


                                                  41
16.4   MEDICAL RELEASE

       Prior to returning to work from a line of duty and/or worker's compensation leave, an officer
       must obtain and submit a physician's release certifying that he/she is fit to return to work
       and perform all the duties of his/her position at any time. This release must be submitted to
       the Director of Personnel Services before the officer will be permitted to return to work.

16.5   REHABILITATION

       If, as a result of duty injury, an officer has a medical recommendation for physical
       rehabilitation, the CITY and the UNION must agree on a rehabilitation facility and such
       assignment shall be treated as a light duty assignment.

16.6   RETURN TO WORK

       When an officer on duty, non-duty related injury, extended sick leave or maternity leave
       which has exceed five (5) duty days absence has medical restrictions that prohibit full duty
       but whose restrictions may be accommodated in a light duty program, the officer shall be
       available to participate in a light duty program that meets all of the following criteria:

       A.     Light duty may only be assigned Monday through Friday, excluding holidays, on
               an officer's normally scheduled work day.

       B.     Light duty may only be assigned during the normal business day 0700-1700.

       C.     Work assignment must be consistent with the Fire Department suppression-
              related duties as outlined by Article 5 of this document.

       D.     Light duty will allow the officer to perform productive work within his restrictions
               and accommodate any therapy that has been prescribed.

       E.     Public employee disability benefits shall continue during an assignment to light
               duty.

       F.     Light duty assignments will be made on a first come, first served basis regardless
               of the nature of the absence and based on available work.

       Nothing in this provision requires an officer on non-duty related injury or extended sick
       leave to participate in light duty.

16.7   JOINT WELLNESS INITIATIVE

       The Department will maintain two (2) peer fitness trainers (PFT) per shift trained to the
       IAFF/IAFC Program specifications. The purpose of these PFT's is to advise their fellow
       officers on exercise, nutrition and similar issues. The PFT's are not responsible for
       measuring the level of success of the officers' programs but in an advisory capacity to
       support the officer's personal goals. The PFT's will make a commitment to a minimum of
       three (3) years' of service after their initial training. The cost associated with recertification,
       accreditation, and training for the program comes from the CITY's workers' comp fund.
       The Department shall allow officers to participate in the program as advised by their PFT's
       in the normal course of the business work day unless emergency operations or other
       unusual circumstance prohibit. Participation in the wellness programs and physical fitness


                                                   42
        training shall be recognized as another component of training, part of the job duties of the
        officers, and shall be scheduled based on work demands.

16.8.   WORKMEN'S COMPENSATION SPLIT

        Costs paid during a fiscal year, starting with FY 05/06, to or on behalf of Fire Department
        employees from the CITY's Worker's Compensation Fund, shall be compared to the
        average annual payments to the five (5t) previous fiscal years. To the extent that the cost
        paid in FY 05/06 and subsequent fiscal years are less than average of the five (5) previous
        fiscal years, fifty per cent (50%) of the difference shall be paid to the Fire Department
        Bargaining Unit personnel on a per capita basis. Payments shall be made prior to
        September 1st of each year. After five (5) years, the parties shall meet and reevaluate the
        program. Any revisions of the program shall be mutually agreed upon at that time.




                                                  43
                                            ARTICLE 17

                                      LEAVES OF ABSENCE

17.1   BEREAVEMENT LEAVE

       Officers shall be granted a leave of absence with full pay and benefits in the event of the
       death of a member of their immediate family, subject to the following maximums:

       A.     24-HOUR PER DAY OFFICERS

              A maximum of two (2) consecutive tours of duty for bereavement leave (forty-eight
              (48) hours).

       B.     40-HOUR PER WEEK OFFICERS

              A maximum of four (4) consecutive work days for bereavement leave (thirty-two (32)
              hours).

              The time needed by an officer for bereavement leave shall be determined by the
              officer, taking into consideration such factors as the officer's involvement in
              arranging for the funeral, the date of the funeral in relation to the officer's regularly
              scheduled days off, the travel mode and distance to the funeral. Requests for
              bereavement leave which do not exceed one (1) work day or tour of duty shall be
              approved as requested. Requests for bereavement leave in excess of one (1) work
              day or tour of duty, shall require the approval of the officer's Battalion Chief, who
              shall also take into consideration the factors indicated above. Such requests shall
              not arbitrarily be denied.

              In the case of a funeral which involves an extreme travel distance, the Fire Chief
              may authorize an additional one (1) work day or tour of duty for bereavement leave.
               Furthermore, in the event of the death of a person who is not a member of an
              officer's immediate family, but who had a close familial relationship with the officer,
              the Fire Chief may, at his/her sole discretion, authorize bereavement leave.

       Bereavement leave shall be authorized prior to the officer's absence from work. The CITY
       reserves the right to require an officer to provide documentation establishing proof of death
       and relationship of the deceased. Failure to give such advance notification, or to provide
       such documentation when required, may result in an officer's absence being treated as a
       leave of absence without pay.

       While officers are on an approved bereavement leave, they shall not be charged for any
       vacation leave or personal leave which had previously been scheduled, or for any sick
       leave which may occur. Following the bereavement leave, however, and in the event of
       emotional stress on the part of an officer as the result of the death in the officer's immediate
       family, the Fire Chief may authorize that the officer use his/her accumulated sick leave.
       Such request shall not be arbitrarily denied.




                                                 44
17.2   JURY DUTY LEAVE

       Officers who are called for jury duty are required, if possible, to notify their Battalion Chief at
       least one (1) week prior to such jury service date so that appropriate staffing arrangements
       can be made as necessary.

       Officers who are called to serve on a jury before a court empowered by law to require such
       service shall be granted a leave of absence with full pay and benefits, provided that they
       submit to the CITY any jury duty pay which they receive for jury duty which occurred during
       their regularly scheduled work hours. If any officer is required to report for jury duty on their
       scheduled duty day, they shall not be required to report for work until they are released
       from jury duty for that day. If an officer is released from jury duty prior to 5:00 p.m., he shall
       report to work immediately. If the officer is released from jury duty after 5:00 PM with Court
       direction to report for jury duty the next day, he shall not be required to return to work.
       Officers required to report for jury duty on the day following their duty day will be released
       from work at 7:00 PM.

17.3   MILITARY RESERVE LEAVE

       Officers who are in a Reserve or National Guard Unit shall, while attending basic training,
       their annual active duty training session, special or advanced training or when temporarily
       activated during a domestic emergency, be granted a temporary leave of absence
       consistent with 5 ILCS 325 and other applicable law.

       Officers shall only be granted such military reserve leave as is necessary for them to attend
       basic training, their annual active duty training session, special or advanced training, or to
       respond to a domestic emergency situation. During such military reserve leave, officers will
       continue to accrue vacation leave, sick leave, and seniority credit.

       Officers must notify their Captain in writing, submit the proper leave request form, and
       present their field orders as follows:

       1.     In the case of an annual active duty training session, at least one (1) month before
              the first day of the scheduled absence.

       2.     In the case of an emergency call-out, as soon as reasonably possible prior to
              beginning the leave of absence.

       Officers shall have the following options with respect to how they take their military reserve
       leave:

       1.     Officers may take a leave of absence with full CITY pay, provided that they submit
              to the CITY a full day of military reserve pay for each work day that they are absent
              due to military reserve leave. In the case of officers on a 24-hour on/48-hour off
              work week schedule, they must submit the equivalent of five (5) full days of military
              reserve pay for each calendar week that they are absent due to military reserve
              leave. Military reserve pay shall include only base plus longevity pay, and shall not
              include allowances for travel, subsistence or quarters.

       2.     Officers may take vacation leave or a leave of absence without pay, in which case
              they will be entitled to retain all of their military reserve pay.




                                                   45
       Any officer who enlists in the National Guard, a military reserve unit or any other military
       unit will not be eligible for military reserve leave. They will be eligible to request and
       receive either vacation leave, personal leave, or a leave of absence without pay, regardless
       of the number of officers who have received authorized leave.

       Any officer who is required to attend a weekend reserve duty may request that his/her
       scheduled duty days be rescheduled during the same pay period during which the
       requested weekend falls.

       This request may be approved if such rescheduling can be accomplished at the
       convenience of the Fire Department. Such request must be submitted to the Fire Chief at
       least one (1) month in advance of the requested weekend, and the Fire Chief shall respond
       within one (1) week after the request is received. Such requests for rescheduling shall not
       arbitrarily be denied.

17.4   MILITARY LEAVE

       Military leave shall be granted consistent with 50 ILCS 120, 50 ILCS 140, 50 ILCS 330, 5
       ILCS 3425 and any other applicable law.

       Replacements for officers leaving on military leave will be subject to layoff or bumping when
       the officers on military leave return.

       Prior to the expiration of their leave of absence, officers on military leave must notify the
       CITY in writing of their intention and ability to return to CITY employment. Upon return from
       military service and prior to re-employment, officers on military leave will be required to
       substantiate and provide documentation that their discharge was not dishonorable. To
       whatever extent required by law, at the time of re-employment officers will be returned to
       their former positions, or to similar positions of comparable responsibility if their former
       positions no longer exist.

17.5   DISCRETIONARY LEAVE

       The CITY may, at its sole discretion, grant a leave of absence to any officer for good and
       sufficient reason. The CITY shall establish the terms, conditions and duration of the leave,
       including whether or not the leave is to be with pay and benefits (or partial pay and/or
       partial benefits), whether or not other types of paid leave such as vacation leave, personal
       leave, compensatory time-off and/or sick leave may be utilized, whether or not vacation
       leave and sick leave shall continue to be accrued, and whether or not seniority credit shall
       be extended during the period of the leave.

       Such discretionary leaves shall only be granted upon the favorable recommendation of the
       Fire Chief and with the approval of the City Manager, and only when such leave will not
       adversely affect or interfere with the orderly performance and continuity of municipal
       services within the officer's Division.




                                                46
17.6   MISCELLANEOUS LEAVE PROVISIONS

       A.     GRANTING OR EXTENSION OF LEAVE OF ABSENCE

              When officers properly notify their Battalion Chief of their inability to report or return
              to work, a temporary leave of absence may be granted, or the original leave of
              absence may be temporarily extended, provided they can show that there is good
              and sufficient reason for their absence.

              Such temporary leaves of absence shall only be authorized upon the approval of the
              requesting officer's Battalion Chief. Furthermore, the terms, conditions and duration
              of the temporary leave, including whether or not other types of paid leave such as
              vacation leave, personal leave, compensatory time-off, and/or sick leave may be
              utilized, whether or not vacation leave and sick leave shall continue to be accrued,
              and whether or not seniority credit shall be extended during the period of the leave,
              shall be determined by and at the sole discretion of the officer's Battalion Chief.

       B.     SUBSTANTIATION OF LEAVE OF ABSENCE

              The CITY may require substantiation of any leave of absence or request for leave of
              absence.

       C.     PROCEDURE UPON RETURN FROM LEAVE OF ABSENCE

              If, upon the expiration of a leave of absence, an officer's position no longer exists,
              and if the officer would have been laid off or bumped to a different position
              according to the layoff and bumping procedure except for the leave of absence,
              then the officer shall either go directly on layoff or to the new position, whichever is
              appropriate.

17.7   NOTIFICATION OF ABSENCE

       It is the responsibility of all officers to properly notify or cause notification to be made to
       their Battalion Chief when they are unable to report or return to work as scheduled and
       required. Such notification is to be made to at least thirty (30) minutes before the beginning
       of the officer's work day, or as soon as is reasonably possible. Such notification is to be
       made each day, unless this requirement is expressly waived by the Battalion Chief. When
       someone other than the officer is or has been requested to make the required notification,
       the officer will be solely responsible for that notification being made.

17.8   ABSENCES WITHOUT LEAVE

       An absence of an officer from duty, including any absence for a work day or a part of a
       work day, that is not authorized by a specific grant of a leave of absence in accordance with
       this or other Articles in this Agreement, shall be deemed to be in absence without leave.
       Any such absence shall be without pay, and may be considered as cause for disciplinary
       action.




                                                  47
Types of absence without leave:

1.     Fail to report to work for any work day, or part of a work day, that they are
       scheduled to work, unless a leave of absence has been authorized.

2.     Fail to return to work following the termination of an authorized leave of absence,
       unless an extension of that leave has been approved.




                                         48
                                            ARTICLE 18

                                       HEALTH INSURANCE

18.1   GROUP HEALTH INSURANCE

       The CITY shall maintain and make available to all active officers a group health insurance
       plan. Officers shall receive this health insurance coverage beginning with their first day of
       employment. Officers may elect health insurance coverage for themselves and their
       eligible dependents.

       The CITY's group health insurance benefits shall be made available to officers through a
       carrier(s) selected by the CITY.

18.2   CITY CONTRIBUTIONS

       The CITY shall pay one hundred percent (100%) of the monthly health insurance premium
       cost for the employee. The CITY shall pay fifty (50%) of the monthly medical insurance
       premium for the officer's dependents. The remaining fifty (50%) of this monthly medical
       insurance premium cost for the dependents' medical insurance coverage shall be paid by
       the officer through payroll deduction.

18.3   RIGHT TO DETERMINE BENEFITS AND SELECT CARRIERS

       The CITY reserves the right, at its sole discretion, to determine the nature and extent of the
       group health insurance benefits and to change such benefits at any time. The CITY agrees
       that the level of benefits shall remain substantially the same to those in effect at the time of
       the execution of this Agreement. Any dispute that may arise from this Section may be
       subject to arbitration and the arbitrator must give consideration to both the increases and
       decreases in benefits of the plan.

       The CITY also reserves the right, at its sole discretion, to select the carrier through which
       group health insurance benefits are to be provided, including the self-insurance program,
       and to change carriers at any time.

       Health insurance benefits shall be subject to the provisions of the policies between the
       CITY and the carrier(s).

18.4   COORDINATION AND NON-DUPLICATION OF BENEFITS

       In the event an officer or dependent of an officer is entitled to receive benefits under some
       other employee insurance plan or employer's self-insurance plan which provides benefits
       similar or identical to the benefits provided by the CITY in accordance with this Article, the
       benefits that would be payable under the CITY's medical insurance plan shall be reduced
       by the amount necessary, if any, so that the sum of all benefits payable under this medical
       insurance plan and any other group plan shall not exceed the necessary, reasonable and
       customary expenses for surgical services rendered, and for all other services which are
       rendered.

       If the other employee insurance plan or employer self-insurance plan contains a provision
       for non-duplication of benefits, then the medical insurance plan or program insuring the
       individual as an employee will be considered primary, and in the case of children, the health
       insurance plan deemed by applicable law to be primary will be so considered.


                                                 49
18.5   SUBSTITUTION OF BENEFITS

       The benefits provided by the CITY's health insurance plan shall be in substitution for any
       and all other insurance plans providing hospital, medical, surgical, sickness, dental and
       related benefits. It is intended that the benefits provided by the CITY's health insurance
       plan shall comply with and be substituted for any provisions for similar benefits which are
       provided under any law now in effect or hereafter in effect.

       In any benefits of a similar nature to those provided by the CITY's health insurance plan are
       required under any law now in effect or hereafter in effect, and if the benefits provided by
       the CITY's health insurance plan are not considered in substitution for these legally
       required benefits, then the benefits provided by the CITY's health insurance plan shall be
       reduced by the amount of such benefits provided by law.

18.6   FAILURE OF INSURANCE CARRIER TO PROVIDE BENEFIT

       The failure of any carrier to provide any benefit for which it has contracted shall result in no
       liability to the CITY or to the UNION, nor shall such failure be considered a breach by the
       CITY or the UNION of any obligation undertaken pursuant to this or any other Article in this
       Agreement.




                                                  50
                                           ARTICLE 19

                                        LIFE INSURANCE

19.1   GROUP TERM LIFE INSURANCE COVERAGE

       The CITY shall provide each full-time officer with a paid Ten Thousand Dollar ($10,000.00)
       group term life insurance policy. Officers may purchase additional life insurance for
       themselves and/or their dependents in accordance with the provisions of the CITY's life
       insurance program.

19.2   RIGHT TO SELECT CARRIERS

       The CITY reserves the right, at its sole discretion, to select the insurance company through
       which such group term life insurance policy is to be issued, and to change this insurance
       carrier. The CITY also reserves the right, at its sole discretion, to provide such group term
       life insurance benefits through its own self-insurance program.

       When the CITY's group term life insurance benefit is provided through an insurance
       company, the benefit shall be subject to the provisions of the policy between the CITY and
       the insurance carrier.

19.3   FAILURE OF INSURANCE CARRIER TO PROVIDE BENEFIT

       The failure of any insurance carrier to provide any benefit for which it has contracted shall
       result in no liability to the CITY or to the UNION, nor shall such failure be considered a
       breach by the CITY or the UNION of any obligation undertaken pursuant to this or any other
       Article in this Agreement. However, nothing contained in this Article shall be construed to
       relieve any insurance carrier from any liability it may have to the CITY, the UNION, an
       officer, or the beneficiary of an officer. The CITY and the UNION shall, as necessary, take
       appropriate steps to require and obtain contract compliance from the insurance carrier.




                                                51
                                            ARTICLE 20

                                        PERSONNEL FILES

20.1   TYPES OF PERSONNEL FILES

       A.     EMPLOYEE FILE

              The CITY's Human Resourcesl Director shall keep and maintain an "employee file"
              for each individual officer. This "employee file" represents and shall be considered
              as the CITY's official personnel file for each officer.

       B.     SUPERVISOR'S FILE

              Supervisors may keep and maintain a "supervisor's file" for each of the officers
              under their supervision. This "supervisor's file" may contain job-related information
              which will benefit the supervisor when he or she is preparing an officer's
              performance evaluation.

              Both the "employee files" and the "supervisor's files" shall be considered and
              treated as confidential.

20.2   PLACEMENT OF ITEMS IN PERSONNEL FILES

       A copy of any disciplinary action or material related to job performance which is placed in
       an officer's personnel files shall be made available to the officer prior to or at the same time
       that it is placed in the personnel files. No citizen complaint shall be placed in an officer's
       personnel files unless the complaint is accompanying a specific disciplinary action related
       to the complaint.

20.3   REMOVAL OF ITEMS FROM PERSONNEL FILES

       Oral or written reprimands which an officer receives shall be removed from that officer's
       personnel files once the following periods of time pass without the officer receiving any
       further disciplinary actions (including those which may be imposed for unrelated causes):

       A.     ORAL REPRIMANDS

              Oral reprimands shall be removed once a period of one (1) year passes.

       B.     WRITTEN REPRIMANDS

              Written reprimands shall be removed once a period of two (2) years passes.

              This removal of oral and written reprimands shall be made at the request of the
              officer, provided that such oral and written reprimands which are eligible for
              removal, but not requested to be removed, shall not be used later against the
              officer.

       In this same regard, and again upon the request of an officer, any matter relating to the
       personal finances of that officer shall be removed from the officer's personnel files after a
       period of two (2) years.



                                                  52
20.4   ACCESS TO PERSONNEL FILES

       Any officer at any time during normal business hours may review his or her personnel files
       as soon as practicable upon the officer's request. The CITY shall comply with the
       Personnel Record Review Act (820 ILCS 40/1.01 et seq.)




                                               53
                                          ARTICLE 21

                                           SENIORITY

21.1   DEFINITION OF SENIORITY

       A.   EMPLOYMENT SENIORITY

            "Employment seniority" is defined as an officer's length of continuous service with
            the CITY since the officer's last date of hire, less any adjustments due to layoff,
            approved leaves of absence without pay (unless otherwise agreed by the City
            Manager) or AWOL for a period of one duty day or greater. Length of continuous
            service includes all years of service, including any years during which the officer
            was in a non-bargaining unit position, and/or in a position represented by another
            bargaining unit.

       B.   TIME-IN-RANK SENIORITY

            "Time-in-rank seniority" is defined as an officer's length of continuous service with
            the CITY in his/her present position classification, since his/her appointment or
            promotion to that position classification, less any adjustments due to layoff,
            approved leaves of absence without pay (unless otherwise agreed by the City
            Manager), or absences without leave.

            In the case of an officer who has been bumped to a lower-rated position
            classification, that officer's time-in-rank seniority shall be considered to be his/her
            length of continuous service with the CITY in that particular position classification
            (rank) since his/her original appointment or promotion to that position classification,
            including the time the officer was in the position classification from which he/she
            was bumped.

21.2   APPLICATION OF SENIORITY

       A.   EMPLOYMENT SENIORITY

            Employment seniority shall be used to determine an officer's eligibility for longevity
            pay, the officer's vacation leave accrual, and the officer's eligibility for payment of
            accumulated sick leave upon separation from service.

       B.   TIME-IN-RANK SENIORITY

            Time-in-rank seniority shall be used to determine order of preference for the
            hold-over selection procedure, vacation leave scheduling procedure, the layoff and
            bumping procedure, and other Departmental personnel actions.

            If two (2) or more officers have the same time-in-rank seniority and the same
            employment seniority, and if time-in-rank seniority is to be the determining factor in
            a specific personnel action, then the officer's position on the eligibility list for their
            present position classification will be considered first.




                                                54
21.3   SUSPENSION AND TERMINATION OF SENIORITY

       A.     SUSPENSION OF SENIORITY

              1.      Employment seniority and time-in-rank seniority shall be suspended when an
                      officer:

                      a.        Is on layoff status

                      b.        Is on a leave of absence without pay (unless otherwise agreed by the
                                City Manager) of thirty (30) consecutive calendar days or more
                                except for worker's compensation leave

                      c.        Is AWOL for a period of one (1) duty day or more.

                      Seniority will be adjusted by the length of the layoff or the length of the leave
                      of absence without pay.

              2.      Time-in-rank seniority shall be suspended when an officer is suspended
                      without pay for disciplinary reasons, for suspensions equal to or greater than
                      one (1) tour of duty. Seniority will be adjusted for the length of the
                      suspension without pay.

       B.     TERMINATION OF SENIORITY

              Both employment seniority and time-in-rank seniority shall be terminated when an
              officer:

              1.      Resigns

              2.      Retires

              3.      Is dismissed

              4.      Is discharged

21.4   SENIORITY LIST

       The CITY shall maintain and keep current a roster of the officers covered by this
       Agreement, showing the current position classification and applicable employment and
       time-in-rank seniority dates for each officer. This roster shall be made available for
       inspection by an authorized UNION representative at all times during regular CITY
       business hours.

       The CITY shall post an updated and current "Seniority List" on all applicable bulletin boards
       in all Fire Stations at least once every calendar year, during the month of January, such
       "Seniority List" to show the position classification and employment seniority dates for each
       officer on the date indicated. A copy of this "Seniority List" shall be furnished to the UNION
       when it is posted.




                                                      55
Any objection to the "Seniority List" as posted shall be reported in writing to the Personnel
Director within five (5) weeks of the date of its posting, otherwise the "Seniority List" shall
stand approved as posted and the facts set forth in it shall not be subject to subsequent
challenge by either the UNION or the CITY.




                                           56
                                            ARTICLE 22

                                    TEMPORARY UPGRADING

22.1   NEED FOR TEMPORARY UPGRADING

       The CITY may elect to temporarily upgrade officers to positions of a higher paying position
       classification. It is not the intent of the CITY to circumvent or avoid the normal appointment
       or promotion process, and the CITY shall make every possible and reasonable effort to fill
       position vacancies in a most expeditious manner. It is the CITY's intent to make every
       reasonable effort to fill position vacancies through the temporary upgrading of officers,
       when necessary to maintain standard fire company strengths. Temporary upgrades shall
       be determined at the sole discretion of the Fire Chief.

       This Article shall not apply to non-bargaining unit positions or positions in other bargaining
       units. Temporary upgrading to positions which are outside the bargaining unit but within
       the commissioned service of the Fire Department shall be made from those commissioned
       Fire personnel who are qualified and eligible.

22.2   SELECTION FOR TEMPORARY UPGRADING

       The selection for temporary upgrade shall be made from the officers on the “on duty” shift.
       Whenever possible, the upgrade will be made from the officers assigned to the station
       where the vacancy occurs. However, if an officer must be moved into a station and no
       matter who is moved will have seniority as defined by Section 21.1B of this agreement, then
       the upgrade will be offered by seniority on that shift. In the case of a temporary upgrade
       that exceeds, or is expected to exceed, four (4) consecutive tours of duty, the temporary
       upgrade shall be offered by seniority in the needed rank on a shift wide basis. When a
       suspected or known vacancy of over four (4) consecutive tours of duty occurs, that vacancy
       shall be listed immediately following Kelly Days on the off duty roster.

       The selection of an officer for temporary upgrading shall be made by the Fire Chief, or his
       designee, taking into consideration time-in-rank seniority of those available officers the Fire
       Chief determines to be qualified and capable of satisfactorily accepting the responsibilities
       and performing the required duties of the vacant position to be filled.

       Once a person is in a bid position, he/she will not be able to accept or bump into another
       bid position until the one he/she is in is finished.

       No officer shall be temporarily upgraded more than one (1) position classification, and an
       officer shall have the option to refuse temporary upgrading without prejudice. Should all
       eligible officers refuse temporary upgrading, then the least senior (time-in-rank) qualified
       officer within the same duty shift shall be assigned the temporary upgrading. In a biddable
       upgrading situation that for reasons of scheduling becomes a holdover, the remainder of
       the vacancy will be treated as a biddable position and filled by senior qualified employee.

       Example: A six (6)-day driving position is filled by a senior fire fighter and on the third
       acting day the vacancy requires a holdover. The acting engineer would lose the acting
       position for that day but could take it back over on the next working day even though only
       three (3) days remain.




                                                 57
22.3   COMPENSATION FOR TEMPORARY UPGRADING

       When officers are temporarily acting in a position of higher rank which is covered by and
       subject to this Agreement, they shall be eligible to receive temporary upgrade pay as
       follows:

       A.     24-HOUR PER DAY OFFICERS

              Officers on a 24-hour on/48-hour off work week schedule shall receive upgrade pay
              when they are temporarily upgraded three (3) or more hours during a duty shift.

       B.     40-HOUR PER WEEK OFFICERS

              Officers on a forty (40) hour work week schedule shall receive temporary upgrade
              pay commencing with the start of the fifth (5th) consecutive work day that they are
              temporarily upgraded, and such temporary upgrade pay shall then be made
              retroactive to include the preceding four (4) consecutive work days that they were
              temporarily upgraded.

              Officers who are authorized to receive temporary upgrade pay shall be
              compensated at the same rate of pay they would receive if actually promoted to the
              position of higher rank.

              Officers who are temporarily upgraded less than the minimum period of time as set
              forth above shall be




                                                58
                                             ARTICLE 23

                                 SELECTION AND APPOINTMENT

23.1   SELECTION PROCESS

       This article applies to promotions to vacancies in the ranks of Fire Engineer, Fire Lieutenant
       and Fire Captain. A vacancy in such positions shall be deemed to occur on the date upon
       which the position is vacated, and on that same date, a vacancy shall occur in all ranks
       inferior to that rank. If a vacated position is not filled due to a lack of funding or
       authorization and is subsequently reinstated, the final promotion list shall be continued in
       effect until all positions vacated have been filled or for a period of up to five (5) years
       beginning from the date on which the position was vacated. In such event, the candidate or
       candidates who would otherwise have been promoted when the vacancy originally occurred
       shall be promoted.

       Provided that the City Manager has authorized the filling of a position vacancy, and further
       provided that the necessary eligibility list has been prepared and certified by the Board of
       Fire and Police Commissioners, the Fire Chief shall select from the top officers on the
       current Fire Engineer, Fire Lieutenant, or Fire Captain eligibility list respectively. The
       appointing authority shall have the right to pass over that person and appoint the next
       highest person on the list if the appointing authority has reason to conclude that the highest
       ranking person has demonstrated substantial shortcomings in work performance or has
       engaged in misconduct affecting the person’s ability to perform the duties of the promoted
       rank since the posting of the promotion list. If the highest ranking person is passed over,
       the appointing authority shall document the reasons for its decision to select the next
       highest person on the list. Unless the reasons for passing over the highest ranking person
       are not remediable, no person who is the highest ranking person on the list at the time of
       the vacancy shall be passed over more than once. Any dispute as to the selection of the
       first or second highest ranking person shall be subject to resolution in accordance with the
       grievance procedure in Article 28 of this Agreement.

23.2   SELECTION AUTHORITY

       The selection of persons from outside the commissioned service of the Fire Department to
       fill the authorized Fire fighter position classification shall be made by the Fire Chief using
       the eligibility list certified by the Board of Fire and Police Commissioners. The selection of
       commissioned officers from within the Fire Department to fill authorized position vacancies
       involving Fire fighter, Fire Engineer, Fire Lieutenant and Fire Captain position
       classifications shall be made by the Fire Chief using eligibility lists certified by the Board of
       Fire and Police Commissioners.

23.3   APPOINTMENT PROCEDURES

       A.     OATH OF OFFICE

              Persons who are selected for an original appointment shall, before being
              commissioned and entering upon their duties as a Fire Fighter, take and subscribe
              an oath or affirmation in the form as is required for municipal officers. Said oath or
              affirmation shall be administered by the City Clerk and filed in the Office of the City
              Clerk. This oath or affirmation shall not be required of commissioned officers who
              are being promoted or to be removed.



                                                  59
       B.    COMMISSION

             All officers and persons who are appointed to the Probationary Firefighter, Fire
             Fighter, Fire Engineer, Fire Lieutenant and Fire Captain position classifications shall
             receive a commission. Said commission shall be evidenced in writing and issued by
             the Board of Fire and Police Commissioners. A separate commission shall be
             issued for each position classification.

23.4   PROMOTIONS

       A.    SENIORITY

             Promotions to the ranks of Fire Engineer, Fire Lieutenant, and Fire Captain shall be
             conducted in accordance with the provisions of the Fire Department Promotional Act
             (50 ILCS 742) (the Act). Except where expressly modified by the terms of this
             article, the procedures for promotion shall be made in accordance with the
             provisions of the Act.

             On all promotional tests for the ranks of Fire Engineer, Fire Lieutenant and Fire L
             Captain, the criteria of seniority shall be included. Employment seniority shall be
             calculated as of the date of the written test for the promotional rank to which the
             officer is applying. Seniority credit shall be calculated as follows:

            1.      Employment Seniority. Candidates for Engineer shall receive 1/12th of one
                    percent for each full month of employment up to a maximum of ten per cent
                    (10%). Candidates for Lieutenant shall receive 1/18th of one per cent for
                    each full month of employment up to a maximum of ten per cent (10%).
                    Candidates for Captain shall receive 1/24th of one per cent for each full
                    month of employment up to a maximum of ten per cent (10%). Length of
                    employment shall be calculated as defined by “Employment Seniority” in
                    Section 21.1A of this Agreement.

       B.    TIME IN GRADE

             An officer must be in his or her current rank a minimum of two (2) years, excluding
             probationary period, before he or she can be promoted to the next rank. Officers
             may take the promotional test and be placed on the eligibility list, but must be
             passed until he or she meet this requirement, and will not be counted for purposes
             of Fire Chief recommendation.

       C.    ORDER OF TESTS

             The testing for promotional eligibility lists shall be as follows: Captain, Lieutenant,
             Engineer. If a promotional eligibility list is completely exhausted prior to its
             expiration, an interim list shall be created, pursuant to the usual promotional criteria
             and process. Promotional test dates for the following calendar year will be posted
             by November 30th each year.




                                                60
D.   PROMOTIONAL EXAM % BREAKDOWN

     Engineer exam % breakdown:

     40%    Practical Score
     20%    Written Score
     20%    Departmental Score
     10%    Certified FAE/vehicle driver
     10%    Seniority as provided in Section 23.4 A.

     If all candidates prior to a promotional exam have not been given the opportunity to
     take both the FAE or vehicle driver test, the written score will be thirty per cent
     (30%) of the promotional breakdown and certified FAE/vehicle driver will not be a
     component of the score. If an officer has successfully completed the classes and
     has taken or is scheduled to take the certification test, then the officer will be
     counted as certified for purposes of that testing cycle. The CITY and the UNION will
     agree to the criteria and raters for the practical exam portion of the test. Rates will
     be outside the Department with obvious experience as a pump operator in the fire
     service.

     It is the intent of the Department to offer the classes at least three (3) times before
     the testing in fall 2008, and to offer it biennially afterwards. If three (3) classes are
     offered, then under the terms of the Agreement, all officers will have been given the
     opportunity to take the tests.

     Lieutenant and Captain exam % breakdown:

     35%    Written
     25%    Departmental
     30%    Oral (or assessment center)
     10%    Seniority as provided in Section 23.4 A.

     The CITY and UNION will agree to the assessment center components prior to
     implementation. Raters will be selected from outside the Department with an
     obvious background in fire service management. Should an assessment center
     program not be established prior to testing of Lieutenant and Captain ranks, the
     assessment component will not be calculated for the overall score and the written
     test will be 65% of the total score.

E.   WEIGHTING OF COMPONENTS

     Each component of the promotional exam shall be scored on a scale of 100 points.
     The component scores shall be reduced by the weighting factor assigned to the
     component on the test and the scores of all components shall be added to produce
     a total score of 100 points. Candidates shall then be ranked on the list in rank order
     based on the highest to the lowest points scored on all components of the test.
     Such ranking shall constitute the tentative promotional list.




                                        61
F.   UNION REVIEW OF LIST

     The UNION shall be entitled to review the promotional list and the scoring of the
     various testing components prior to the posting of the tentative eligibility list. Any
     dispute must be resolved and remedied by the filing of a grievance pursuant to
     Article 28 of this Agreement.

G.   MAINTENANCE OF PROMOTIONAL LISTS

     Final eligibility lists shall be effective for a period of three (3) years. Effective dates
     shall be adopted and posted on each list. After the expiration of the promotional
     lists, all vacancies will be filled from a new promotional list subsequent to approval
     by the Board of Fire and Police Commissioners.

H.   TESTING DEVELOPMENT COMMITTEE

     Three (3) Fire Department Staff and three (3) UNION representatives will select the
     appropriate reading/testing material for testing components in all ranks covered by
     this Agreement. A UNION member cannot serve on a committee that they could
     potentially submit themselves to testing during the testing cycle.

     The committee will publish the reading list for the written test at least six (6) months
     prior to the established date of the respective exams.




                                         62
                                            ARTICLE 24

                                            RESIDENCY

Officers are not required to maintain a place of residence within the CITY of Champaign, or within
any other geographic limitations; however, officers must provide the Personnel Services Director
with a current address within two (2) weeks of any change of residence. It is explicitly agreed and
understood that inability to report to work, report to work on time, or to remain on duty may
constitute cause for disciplinary action as stated in other provisions of this Agreement, regardless
of the location of an officer's residence. The UNION further agrees to make all reasonable efforts
to ensure that attendance, punctuality, and responsiveness to emergency situations do not suffer
because of this provision and to assist in addressing any problems which may arise due to this
provision.




                                                 63
                                         ARTICLE 25

                  LAYOFF, BUMPING, RECALL AND REINSTATEMENT

25.1   LAYOFF

       A.   DEFINITION AND REASON FOR LAYOFF

            The term "layoff" means the non-voluntary (and non-disciplinary) separation of an
            officer or officers from the active work force due to a reduction in the number of
            officers in the work force. Such reduction in the work force, which may be either
            permanent or temporary in nature, depending upon the circumstances surrounding
            the reduction, may be attributable to such factors as:

            1.     Termination of a position or positions due to a lack of work, a lack of funds,
                   or a combination of both.

            2.     Elimination of a position or positions due to merger, reorganization,
                   consolidation of jobs, installation of new equipment or machinery,
                   curtailment or replacement of existing facilities, the development of new
                   facilities, or the contracting of services.

            A layoff is considered as a temporary separation from service, and does not become
            a formal dismissal and permanent separation from service until the conclusion or
            termination of an officer's layoff status.

            The layoff, bumping, recall and reinstatement procedures set forth in this Article
            shall apply to all positions covered by and subject to this Agreement.

       B.   ORDER OF LAYOFF AND BUMPING

            The order of layoff and bumping shall be as provided by 65 ILCS 5/10.21-18.

       C.   NOTICE OF LAYOFF

            The CITY will give an officer or officers to be laid off indefinitely at least two (2)
            weeks' notice prior to layoff, and will allow them to take necessary vacation leave,
            personal leave and compensatory time to seek other employment.

       D.   BENEFITS FOLLOWING LAYOFF

            Officers who are laid off, and elect to go on layoff status, may request and use their
            accumulated compensatory time, personal leave, and vacation leave. Furthermore,
            should a laid off officer subsequently be appointed (on either a temporary or a
            permanent basis) to a position which is outside the bargaining unit, that officer's
            layoff status (and recall right) shall not be terminated or jeopardized.

            Officers who are laid off, and elect not to go on layoff status, shall be considered
            dismissed and they may, provided and to the extent they are eligible, receive their
            final payment for accumulated compensatory time, vacation leave and sick leave.
            This also applies to officers whose layoff status is terminated in accordance with
            paragraph "E" below.



                                               64
       E.   TERMINATION OF LAYOFF STATUS

            An officer's layoff status (and recall right) shall be terminated, and the officer shall
            be considered dismissed, when the officer fails to return to work when recalled, as
            set forth in Section 25.2 below. An officer's layoff status shall not otherwise be
            terminated except upon the request of the officer.

       F.   SALARY, BENEFITS AND CONDITIONS OF EMPLOYMENT AFTER BUMPING

            Officers who are bumped to a lower-rated position classification in accordance with
            the bumping procedure set forth in paragraph "B" above shall receive the
            appropriate salary and benefits, and be subject to the other conditions of
            employment, as set forth in this Agreement for their new position classification.

25.2   RECALL AND REINSTATEMENT

       A.   DEFINITIONS

            1.     Recall

                   The term "recall" means the procedure whereby an officer who has been laid
                   off and is currently on layoff status may, under certain circumstances, be
                   allowed to return to the active work force.

            2.     Reinstatement

                   The term "reinstatement" means the procedure whereby an officer who has
                   been bumped to a lower-rated position classification and is currently on
                   reinstatement status may, under certain circumstances, be allowed to return
                   to a position within his/her previous position classification.

       B.   RECALL PROCEDURE

            In the event of either an increase in the number of authorized positions or a
            decrease in the active work force that involves a position classification from which
            officers were laid off, and provided that the necessary authorization has been given
            for the resultant position vacancies to be filled, then those officers who are still on
            layoff status from that particular position classification shall be recalled in the
            reverse order of their layoff. No new officers shall be appointed within the Fire
            Department until the laid off officers have been given an opportunity to return to
            work.

       C.   REINSTATEMENT PROCEDURE

            In the event of either an increase in the number of authorized positions or a
            decrease in the active work force that involves a position classification from which
            officers were bumped, and provided that the necessary authorization has been
            given for the resultant position vacancies to be filled, then those officers who were
            bumped from that particular position classification shall be reinstated in the reverse
            order of their bumping. No existing officers shall be promoted within the Fire
            Department until the bumped officers have been given an opportunity to return to
            their original position classification.
       D.   RECALL NOTIFICATION


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The CITY shall send a notice of recall by certified mail to a recalled officer at the
officer's last designated address. The officer must make written application for
reinstatement within thirty (30) days after notification.

If the officer fails to respond to the notice of recall, or declines the recall, then the
officer's layoff status (and recall right) shall be terminated, and the officer shall be
considered dismissed.

An officer recalled from a layoff shall be required to submit to examination by a
physician designated by the Board of Fire and Police Commissioners to determine
physical fitness to return to duty, if at the time of return from layoff, it has been more
than one (1) year from the time of the officer's last physical. The officer must then
report back to work within ten (10) calendar days of the date of examination by the
physician, if approved for work.




                                    66
                                            ARTICLE 26

                                            DISMISSAL

26.1   DISMISSAL

       A "dismissal" represents the involuntary termination of an officer for non-disciplinary
       reasons, including unsatisfactory job performance.

       A.     AUTOMATIC DISMISSAL

              Dismissal is considered automatic and/or unavoidable for any one of the reasons
              set forth below.

              1.      Termination or Elimination of an Officer's Position

                      Officers who are laid off but elect not to go on layoff status following the
                      termination or elimination of a position or positions within the Fire
                      Department shall be considered dismissed.

              2.      Conclusion or Termination of an Officer's Layoff Status

                      Officers on layoff status who either voluntarily terminate their layoff status, or
                      else fail to respond or return to work when recalled, shall be considered
                      dismissed.

       B.     DISMISSAL FOR UNSATISFACTORY JOB PERFORMANCE

              Fire Fighters, Fire Engineers, Fire Lieutenants and Fire Captains who have attained
              permanent officer status shall be subject to dismissal because of their unsatisfactory
              job performance. Unsatisfactory job performance shall mean the officer's failure to
              meet the minimum job requirements of the position classification. Such
              determination shall be based upon bona fide and identifiable occupational
              standards, which standards may be subjective as well as objective, and may
              include, but shall not necessarily be limited to, such performance criteria as job
              knowledge, job aptitude, job attitude, quantity of work, quality of work, relations with
              the public, relations with other officers and employees, communication skills,
              initiative, resourcefulness, and dependability. Dismissals which are related to the
              unsatisfactory job performance of permanent officers are subject to the appeal
              process set forth in (Article 28, Grievance and Appeal Procedures) and shall be
              handled as follows:

              1.      Unsatisfactory Job Performance by Permanent Officers

                      When the Fire Chief believes that a permanent officer's job performance is
                      unsatisfactory, he/she shall notify that officer in writing as to those areas of
                      the officer's job performance which need improvement, and the Fire Chief
                      shall provide that officer with a special three (3) month evaluation period
                      during which time the officer shall be given an opportunity to improve his/her
                      job performance accordingly. The Fire Chief shall only be required to give
                      each permanent officer one (1) such special evaluation period during the
                      time that he/she is serving in a particular position classification.



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            The Fire Chief's recommendation concerning the dismissal of a permanent
            officer shall be made at the conclusion of that officer's special evaluation
            period. Such dismissal shall not take effect, however, until the conclusion of
            the applicable appeal process (Article 28, Grievance and Appeal
            Procedures).

            If at the conclusion of such special evaluation period the Fire Chief believes
            that the permanent officer's job performance is still unsatisfactory, then the
            officer may be subject to dismissal.

     2.     Unsatisfactory Job Performance by Probationary Fire Fighters.

            In the case of a Fire Fighter who demonstrates unsatisfactory job
            performance during his/her original appointment probationary period, the
            Fire Chief shall recommend that the probationary Fire Fighter be dismissed.

C.   DISMISSAL FOR EXTENDED ABSENCE WITHOUT LEAVE

     Officers who are absent without leave for a period of three (3) consecutive work
     days in the case of officers on a 40-hour work week; or for a period of two (2)
     consecutive tours of duty in the case of officers on a 24-hour on/48-hour off work
     week, may be subject to dismissal. However, dismissal for extended absence
     without leave is appealable, as stated in Article 28, only to the City Manager. The
     City Manager's decision is final and binding.




                                      68
                                             ARTICLE 27

                                      DISCIPLINARY ACTIONS

27.1   TYPES OF DISCIPLINARY ACTIONS

       The CITY may discipline any officer for just cause. Officers who violate the established
       rules and regulations of the CITY, are negligent in the performance of their duties or the
       use of CITY equipment, are insubordinate, or are otherwise involved in similar acts of
       misfeasance, malfeasance or nonfeasance which reflect discredit upon the municipal
       service or are a direct hindrance to the effective performance of the municipal government
       functions, shall be subject to disciplinary action.

       The CITY agrees with the concept of progressive disciplinary action and, to the extent
       circumstances warrant such, the CITY shall impose disciplinary actions in a progressive
       manner. The CITY and the UNION also understand that each infraction giving rise to
       disciplinary action must be judged accordingly, and that a major or particularly serious
       infraction, or a series of repeated infractions, may warrant the imposition of a more severe
       disciplinary action, including either "discharge" or "suspension with a recommendation for
       discharge."

       In every type of disciplinary action, officers shall be provided with a written notice officially
       informing them of the disciplinary action, and setting forth the reasons for the disciplinary
       action.

       A.      ORAL REPRIMAND

               An "oral reprimand" represents an oral admonishment and warning which is usually
               given to an officer in the case of a minor infraction or repeated lesser infractions.
               An "oral reprimand" shall be reduced to writing and placed in an officer's personnel
               files.

       B.      WRITTEN REPRIMAND

               A "written reprimand" represents a written admonishment and warning which is
               usually given to an officer in the case of a significant infraction or repeated minor
               infractions.

       C.      SUSPENSION

               A "suspension" represents a required temporary absence from duty without pay
               which is usually imposed upon an officer as a penalty for a serious infraction or
               repeated minor infractions. A "suspension" may be for any period of time up to a
               maximum of thirty (30) calendar days.

       D.      SUSPENSION WITH A RECOMMENDATION FOR DISCHARGE

               A "suspension with a recommendation for discharge" represents a required absence
               from duty without pay which is usually imposed upon an officer as a penalty for a
               major infraction or repeated serious infractions. There is no time limit for this type of
               suspension; provided, however, that should the officer elect to appeal the
               disciplinary action to the City Manager and, if necessary, should the UNION elect to
               appeal the disciplinary action to either the Board of Fire and Police Commissioners


                                                   69
            or an arbitrator and should such appeal process take more than two (2) months
            (excluding any delays or extensions which are specifically requested by the officer
            or the officer's designated UNION representative and/or legal counsel), then the
            suspension shall be treated as a leave of absence with pay after such period of
            time.

            A "suspension with a recommendation for discharge" shall be considered and
            treated as a "discharge" when and if the officer declines or fails to appeal it to the
            City Manager and/or the UNION declines or fails to appeal it to the Board of Fire
            and Police Commissioners or an arbitrator within the prescribed time limits. A
            "suspension with a recommendation for discharge" which is appealed by an officer
            and/or the UNION within the prescribed time limits shall be treated as a "discharge"
            if, at the conclusion of the appeal process, it is sustained.

            If, at the conclusion of such appeal process the "suspension with a recommendation
            for discharge" is denied, then the officer shall be reimbursed in full for all of the
            salary and benefits which he/she lost (for the period of time specified by the Board
            or the arbitrator), plus interest based upon the prime rate in effect on the date of the
            decision.

       E.   DISCHARGE

            A "discharge" represents a permanent involuntary termination of an officer's
            employment with the CITY which is usually imposed upon an officer as a penalty for
            a major infraction or repeated serious infractions.

27.2   APPLICATION AND APPROVAL OF DISCIPLINARY ACTIONS

       A.   ORAL REPRIMAND, WRITTEN REPRIMAND, AND SUSPENSION

            An "oral reprimand", a "written reprimand", and a "suspension" may be imposed
            upon all officers.

            An "oral reprimand" and a "written reprimand" shall be approved and given to an
            officer by his/her immediate supervisor.

            A "suspension" shall be approved and given to an officer by the Fire Chief.

       B.   SUSPENSION WITH A RECOMMENDATION FOR DISCHARGE

            A "suspension with a recommendation for discharge" may only be imposed upon:

            1.     Fire Fighters (permanent)

            2.     Fire Engineers

            3.     Fire Lieutenants

            4.     Fire Captains

            A "suspension with a recommendation for discharge" shall be approved and given to
            an officer by the Fire Chief.



                                               70
C.     DISCHARGE

              A "discharge" may only be imposed upon probationary fire fighters.

              A "discharge" shall be approved and given to an officer by the Fire Chief.

27.3   STATUS OF DISCIPLINARY ACTIONS

       An "oral reprimand", a "written reprimand", a "suspension with a recommendation for
       discharge", and a "discharge" shall be imposed and take effect at the time they are given to
       an officer.

       A "suspension" shall not be imposed or take effect until the conclusion of the appeal
       process (Article 28, Grievance and Appeal Procedures).

27.4   HANDLING OF DISCIPLINARY ACTIONS

       When it becomes necessary for the CITY to discipline an officer, it shall be done in such a
       manner so as to not unnecessarily embarrass the officer before other officers, CITY
       employees or the public.

27.5   OFFICER INVESTIGATIONS

       All investigations of officers shall be conducted in accordance with the Uniform Fire
       Fighters' Disciplinary Act. During such investigations, officers may be represented by legal
       counsel and/or by a member of the UNION.




                                                71
                                           ARTICLE 28

                           GRIEVANCE AND APPEAL PROCEDURES

28.1   DEFINITION

       A grievance is a dispute, controversy or difference of opinion between an officer(s) or the
       UNION and the CITY concerning the application of express terms of this Agreement. No
       settlement of such grievances shall be inconsistent with the Agreement.

       It is agreed by the parties that where discretion is vested with the CITY or its
       representatives, such discretion shall not be exercised in an arbitrary or capricious manner.

       The UNION has the right to be present at all meetings concerning grievances and to
       receive copies of all written exchanges.

28.2   GRIEVANCE PROCESSING ACTIVITIES

       A.     SELECTION OF UNION REPRESENTATIVES

              During the grievance resolution procedure, the officer or group of officers filing a
              grievance may, at their sole discretion, be represented and assisted by their UNION
              steward, UNION representative, or any one (1) member of the UNION they choose
              to select.

       B.     DESIGNATION OF GROUP REPRESENTATIVE

              If a grievance is filed by a group of officers, the UNION agrees to designate one (1)
              of the officers to represent the group during grievance meetings and appeal
              hearings.

              The resolution of a grievance filed on behalf of a group of officers shall be made
              applicable to the appropriate officers within that group.

       C.     ALLOWANCE FOR TIME-OFF WORK

              The officer(s) filing a grievance and the UNION representatives who are assisting
              and representing them shall, in accordance with above, be allowed reasonable time
              off with pay during their regularly scheduled work hours to investigate, prepare and
              file the grievance, and to attend grievance meetings and appeal hearings; provided
              that the pending grievance has been filed by the UNION steward. Officers, UNION
              stewards, and other UNION representatives shall not leave their work to engage in
              grievance processing activities without first giving proper advance written notice to
              and receiving permission to be excused from their respective Battalion Chiefs.

              Time off with pay shall not include time spent during the off-duty hours of the
              officers, UNION stewards, and other UNION representatives involved in grievance
              activities.




                                                72
       D.     IMMUNITY FROM INSUBORDINATION CHARGES

              CITY officials and recognized UNION officials shall make every reasonable effort to
              conduct CITY-UNION business and discuss potential or actual grievances in a
              harmonious manner. UNION officials involved in the above activities and any other
              legitimate UNION business shall be immune from insubordination charges resulting
              from their proper administration of this Agreement.

28.3   GRIEVANCE FILING PROCEDURES

       Grievances shall be filed at Step 1 within ten (10) business days of the date of the event
       giving rise to the grievance or within ten (10) business days of the date when the
       officer/UNION knew or should have known of the event giving rise to the grievance,
       whichever is later. All grievances and appeals shall be written and submitted to the
       Personnel Director on a mutually agreed upon form.

       The Grievance form must be properly completed, signed and dated by the aggrieved officer
       or group of officers. The "Grievance Form" must contain a statement of the grievant's
       complaint, the Section(s) of the Agreement allegedly violated, the date of the alleged
       violation, and the relief or remedy sought. However, an incorrect date and/or improper
       Section citation shall not in itself be grounds for denial of the grievance. Any issues not
       specifically raised at the first step of the grievance procedure shall be waived.

       If a grievance is not filed within the stated time period, it shall be considered waived; if a
       grievance is not processed from one step to the next within the stated time limits, it shall be
       deemed settled by default based on the CITY's last written response.

       Certain issues which by their nature are incapable of being settled at Step One or any other
       preliminary Step in the Grievance Procedure, may be directed to a higher and more
       appropriate Step in the Grievance Procedure.

       All time limits are extendible by written mutual agreement of the parties; such extensions
       shall not be unreasonably withheld by the CITY or the UNION.

       A.     STEP ONE -- IMMEDIATE SUPERVISOR

              It is the intention of the parties to resolve disputes at the lowest level possible. To
              that end, any officers and/or UNION representatives shall use their best efforts to
              discuss disagreements with appropriate supervisors prior to filing any grievance. If
              informal efforts at resolution have failed, the UNION and/or the officer or his/her
              UNION representative shall submit the grievance in writing on the agreed
              "Grievance Form" to the immediate supervisor who shall have ten (10) business
              days from receipt in which to investigate the matter and submit his/her written
              response to the UNION (and the individual officer, if any).

              If the officer or group of officers is not satisfied with the written response of the
              immediate supervisor, the grievance may be referred to Step Two of the Grievance
              Procedure within ten (10) business days after the date of the immediate supervisor's
              response.




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       B.   STEP TWO -- BATTALION CHIEF

            The Battalion Chief shall review the grievance and file a written response within ten
            (10) business days after receipt of the grievance. If the officer or group of officers is
            not satisfied with the written response of the Battalion Chief, the grievance may be
            referred to Step Three of the Grievance Procedure within ten (10) business days
            after the date of the Battalion Chief's response.

       C.   STEP THREE -- FIRE CHIEF

            The Fire Chief shall investigate the matter and hold a grievance meeting within ten
            (10) business days after receipt of the grievance. Both the UNION and the CITY
            shall have the right to call such witnesses as are necessary to the investigation and
            explanation of the grievance.

            The Fire Chief shall file a written response to the grievance within ten (10) business
            days after the date of the grievance meeting. If the officer or group of officers is not
            satisfied with the written response of the Fire Chief, the grievance may be referred
            to Step Four of the Grievance Procedure within ten (10) business days after the
            date of the Fire Chief's response.

       D.   STEP FOUR -- CITY MANAGER

            Provided that the City Manager elects to accept and hear the grievance, the City
            Manager shall review the grievance, along with all pertinent correspondence to
            date, and hold a grievance meeting within ten (10) business days after receipt of the
            grievance. This grievance meeting may be conducted by either the City Manager or
            his/her designated representative. Both the UNION and the CITY shall have the
            right to call such witnesses as are necessary to the investigation and explanation of
            the grievance.

            The City Manager shall file a written response to the grievance within ten (10)
            business days after the date of the grievance meeting. The City Manager's written
            response shall confirm, amend or reverse the decision of the Fire Chief; provided,
            however, that it may not increase a disciplinary action recommended by the Fire
            Chief.

            If the officer or group of officers is not satisfied with the written response of the City
            Manager, or if the City Manager declines to accept and hear such grievance, the
            grievance may be appealed to the appropriate Appeal Procedure within ten (10)
            business days after the date of the City Manager's response.

28.4   APPEAL STATUS OF GRIEVANCES

       A.   GRIEVANCES APPEALABLE TO THE CITY MANAGER ONLY

            The City Manager's decision shall be final and binding for oral and written
            reprimands; suspensions or dismissals for extended absences without leave; and
            the pending suspension, discharge or dismissal of a probationary firefighter. Such
            grievances may not be appealed to either the Board of Fire and Police
            Commissioners or an arbitrator.




                                                74
       B.   GRIEVANCES APPEALABLE TO EITHER THE BOARD OF FIRE AND POLICE
            COMMISSIONERS OR AN ARBITRATOR

            Grievances involving any disciplinary actions the City Manager elects not to hear;
            recommended dismissals for all officers other than probationary firefighters; pending
            suspensions, or suspensions with recommendation for discharge of permanent
            officers; may be appealable by an officer or the UNION to either the Board or an
            arbitrator. Grievances involving these actions may be appealed to the Board by the
            aggrieved officer or the UNION or to the arbitrator by the UNION. If appealed to the
            Board, such grievance may not also be appealed to an arbitrator.

            Only the UNION may appeal a grievance to an arbitrator. The decision of the
            arbitrator shall be final and binding upon all parties. If appealed to an arbitrator,
            such grievances may not also be appealed to the Board of Fire and Police
            Commissioners.

       C.   NON-APPEALABLE DISMISSALS

            Automatic dismissals are not appealable.

28.5   APPEAL PROCEDURES

       A.   BOARD OF FIRE AND POLICE COMMISSIONERS

            Within one (1) month following the date that the Personnel Director receives the
            officer's or UNION's written request for an appeal hearing, and subject to the
            availability of CITY and UNION representatives, the Board of Fire and Police
            Commissioners shall schedule and commence a hearing upon the grievance.

            All Board hearings shall be held in Champaign, Illinois, and they shall not be open to
            the public unless otherwise mutually agreed to by the CITY and the UNION. Board
            hearings may be continued from time to time for good cause shown upon a motion
            of the Board, the CITY, the UNION, or the officer presenting the grievance.

            The Board shall only consider and make a decision with respect to the specific
            action or actions being appealed to it in the grievance and it shall have no right or
            authority to make a decision concerning any other actions or issues. In reaching
            and making its decision, the Board shall have no right or authority to amend, modify,
            nullify, ignore, add to, or subtract from the provisions of this Agreement, or the rules
            and regulations of the CITY. The Board shall be without power to make a decision
            which is contrary to or inconsistent with, or modifying or varying in any way, the
            application of laws, or rules and regulations having the force and effect of law.

            The Board shall render its decision concerning the grievance as soon as possible
            following the close of the Board hearing, or the submission of briefs by the parties.
            This decision shall be based solely upon the Board's interpretation of the meaning
            and application of the express provisions of this Agreement as such relate to the
            facts of the grievance as presented. The Board may confirm, amend or reverse the
            decision of the City Manager or, in the absence of a decision by the City Manager,
            the decision of the Fire Chief; provided, however, that the Board may not increase
            the disciplinary action recommended by the Fire Chief or, if he/she recommended a
            lesser disciplinary action than the Fire Chief, the City Manager. The Board shall
            take into consideration interim compensation and efforts to mitigate damages. No


                                               75
     liability shall accrue against the CITY for a date prior to the date the grievance was
     originally filed at the beginning of the Grievance Procedure or, in the case of a
     disciplinary action, the date of the discipline.

     The Board shall submit its decision in writing to both the CITY and the UNION.
     Such decision shall be final and binding upon all parties.

B.   ARBITRATOR

     Within ten (10) business days following the date that the Personnel Director
     receives the UNION's written request for an appeal hearing, the CITY and the
     UNION shall attempt to agree upon an arbitrator. The CITY and the UNION may, by
     mutual agreement in writing, refer more than one (1) grievance to the same
     arbitrator.

     In the event the parties are unable to agree upon an impartial arbitrator within said
     ten (10) business day period, either or both parties shall immediately request the
     American Arbitration Association to submit a list of five (5) arbitrators who are
     members of the National Academy of Arbitrators. Upon receipt of such list from the
     American Arbitration Association, the UNION's representative shall contact the City
     Manager for the purpose of selecting an arbitrator. Both the CITY and the UNION
     shall have the right to strike two (2) names from the list. A flip of the coin shall
     determine which party shall strike the first name, and then the other party shall
     strike a second name. This process will be repeated and the last remaining person
     shall be the arbitrator. The arbitrator shall be notified of his/her selection and
     requested to set a date and time for the hearing, subject to the availability of CITY
     and UNION representatives.

     The CITY and UNION agree that the procedural rules for the selection of arbitrators
     established by the American Arbitration Association shall not apply to them and,
     further, that neither party shall forfeit its rights under this Section due to the failure to
     meet deadlines imposed by the American Arbitration Association.

     All arbitration hearings shall be held in Champaign, Illinois, and they shall not be
     open to the public unless otherwise mutually agreed to by the CITY and the UNION.
      Arbitration hearings may be continued from time to time for good cause shown
     upon a motion by the arbitrator, the CITY, the UNION, or the officer or group of
     officers presenting the grievance.

     The CITY and the UNION may mutually agree and request that the arbitrator render
     his/her decision at the close of the arbitration hearing, or within five (5) business
     days following the close of the arbitration hearing. The CITY and the UNION may
     mutually agree to forego retaining a court reporter (stenographer) for the arbitration
     hearing. However, unless otherwise mutually agreed by the CITY and the UNION, a
     court reporter (stenographer) shall be retained for the arbitration hearing, and a
     written verbatim transcript of the arbitration hearing shall be prepared for the
     arbitrator, with one (1) copy each to be provided to the CITY and the UNION.

     The arbitrator shall conduct a fair and impartial hearing. In the conduct of this
     arbitration hearing, the arbitrator shall have the power to administer oaths and
     affirmations, and the arbitrator shall also have the power to secure by subpoena
     both the attendance and testimony of witnesses, and the production of books,



                                         76
              papers and records which are necessary to the explanation of the grievance and the
              conduct of the hearing.

              The arbitrator shall only consider and make a decision with respect to the specific
              issue or action being appealed to him/her in the grievance(s), and the arbitrator
              shall have no right or authority to make a decision concerning any other actions or
              issues. In reaching and making his/her decision, the arbitrator shall have no right or
              authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of
              this Agreement, or the rules and regulations of the CITY. The arbitrator shall be
              without power to make a decision which is contrary to or inconsistent with, or
              modifying or varying in any way, the application of laws, or rules and regulations
              having the force and effect of law.

              The arbitrator shall render his/her decision concerning the grievance as soon as
              possible following the close of the arbitration hearing, or the submission of briefs by
              the parties. This decision shall be based solely upon the arbitrator's interpretation of
              the meaning and application of the express provisions of this Agreement as such
              relate to the facts of the grievance as presented. The arbitrator may confirm, amend
              or reverse the decision of the City Manager or, in the absence of a decision by the
              City Manager, the decision of the Fire Chief; provided, however, that the arbitrator
              may not increase the disciplinary action recommended by the Fire Chief or, if he/she
              recommended a lessor disciplinary action than the Fire Chief, the City Manager. In
              reaching his/her decision and, if necessary, an appropriate remedy, the arbitrator
              shall take into consideration interim compensation and efforts to mitigate damages.
              No liability shall accrue against the CITY for a date prior to the date the grievance
              was originally filed at the beginning of the Grievance Procedure or, in the case of a
              disciplinary action, the date of the discipline.

              The arbitrator shall render his/her decision in writing to both the CITY and the
              UNION. Such decision shall be final and binding upon all parties.

              The fees and expenses of the arbitration shall be shared as provided by Illinois
              Revised Statutes.

28.6   JUDICIAL REVIEW BEYOND THE BOARD AND ARBITRATION

       Nothing contained in this Agreement shall prevent or preclude the CITY or the UNION from
       exercising its right to seek, in accordance with law, a judicial review of any decision
       reached by either the Board of Fire and Police Commissioners or an arbitrator.




                                                77
                                            ARTICLE 29

                  MANAGEMENT RIGHTS AND PRODUCTIVITY STANDARDS

29.1   MANAGEMENT RIGHTS AND PRODUCTIVITY STANDARDS

       The CITY has the right and responsibility to direct the affairs of the Fire Department in all of
       its various aspects. Among the rights retained by the CITY is the CITY's right to direct the
       working forces; to plan, direct and control all operations and services of the Fire
       Department; to schedule and assign work; to establish work and productivity standards and
       to, from time to time, change those standards; to assign overtime; to determine the
       methods, means, organization, and number of personnel by which such operations and
       services are to be conducted; to make and enforce reasonable rules and regulations; to
       change or eliminate existing methods, equipment or facilities; provided, however, that the
       exercise of any of the above rights shall not conflict with any of the express written
       provisions of this Agreement. Disciplinary actions and personnel actions shall be in
       accordance with applicable laws, including those pertaining to the Board of Fire and Police
       Commissioners; or as otherwise set forth in this Agreement.




                                                 78
                                            ARTICLE 30

                      CHECK-OFF OF UNION DUES, SERVICE FEES AND
                                UNION BUSINESS LEAVE

30.1   NOTIFICATION AND DISTRIBUTION OF AGREEMENT

       The CITY agrees to inform all officers that the CITY is a party to this collective bargaining
       Agreement, and that its terms and conditions are binding upon all officers. The CITY
       agrees to provide all officers with a copy of this Agreement.

30.2   DEDUCTION OF UNION DUES OR SERVICE FEES

       The CITY agrees to deduct the regular monthly UNION dues from the available wages
       earned each month by any UNION member, and the regular monthly UNION service fee
       from the available wages earned each month by any non-member of the UNION, provided
       an "Authorization for Payroll Deduction" form has been individually and voluntarily
       completed and presented to the CITY by such officer. The amount deducted each month
       shall be remitted to the UNION together with an itemized statement, on or before the
       fifteenth (15th) day of the month immediately following the month in which the amount was
       withheld.

       For those officers who do not authorize that their regular monthly UNION dues or service
       fee be paid to the UNION through the payroll deduction method, the UNION shall be
       responsible for the collection and recording of their UNION dues or service fee payments.

30.3   AUTHORIZATION FOR PAYROLL DEDUCTION FORM

       Individual officer requests and authorization for the check-off of UNION dues or service
       fees shall be made on the "Authorization for Payroll Deduction" form which is set forth in
       Appendix "A" of this Agreement.

30.4   UNION DUES AND SERVICE FEE RATE

       The regular monthly UNION dues rate for UNION members shall be established by the
       UNION. Any change in the regular monthly UNION dues rate will be certified to the CITY
       Manager by an authorized officer(s) of the UNION at least one (1) month in advance of the
       effective date of such change.

30.5   FAIR SHARE

       Any present officer who is not a member of the UNION shall be required to pay a fair share
       of the cost of the collective bargaining process, contract administration in pursuing matters
       affecting wages, hours and other conditions of employment, but not to exceed the amount
       of dues uniformly required of members. All officers hired on or after the effective date of
       this Agreement and who have not made application for membership shall, on or after the
       thirtieth (30th) day of their hire, also be required to pay a fair share as defined above.




                                                 79
       The CITY shall, with respect to any officer in whose behalf the CITY has not received a
       written authorization as provided for above, deduct from the wages of the officer the fair
       share financial obligation, including any retroactive amount due and owing, and shall
       forward said amount to the UNION no later than the fifteenth (15th) day of the month
       following the month in which the deduction is made, subject only to the following:

       A.     The UNION has certified to the CITY that the affected officer has been delinquent in
              his/her obligations for at least thirty (30) days;

       B.     The UNION has certified to the CITY that the affected officer has been notified in
              writing of this obligation and the requirement for each provision of this Article, and
              that the officer has been advised by the UNION of his/her obligations pursuant to
              this Article and of the manner in which the UNION has calculated the fair share fee;

       C.     The UNION has certified to the CITY that the affected officer has been given
              reasonable opportunity to prepare and submit any objections to the payment and
              has been afforded an opportunity to have said objections adjudicated before an
              impartial arbitrator assigned by the officer and the UNION for the purpose of
              determining and resolving any objections the officer may have to the fair share fee.

30.6   UNION DUES AND SERVICE FEE REFUNDS

       The UNION agrees to refund to the CITY any amount paid to it in error on account of the
       UNION dues or service fees payroll deduction provision upon presentation of satisfactory
       proof.

30.7   UNION INDEMNIFICATION

       The UNION shall indemnify the CITY and hold it harmless against any and all claims, suits
       or forms of liability that may arise out of or by reason of any action taken by the CITY for the
       purpose of complying with the provisions of this Article.

30.8   UNION BUSINESS LEAVE

       To the extent that there is no disruption of services or interference with operations, leaves
       shall be granted to officers who are selected, delegated or appointed by the UNION to:

       1.     Attend UNION meetings, conventions and educational conferences.

       2.     Attend grievance meetings and appeal hearings.

       3.     Attend Labor-Management Committee meetings.

       4.     Conduct negotiations.

       5.     Handle other legitimate UNION business, including the processing of grievances,
              and the preparing for the above referenced hearings, meetings and negotiations.




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The CITY shall authorize a maximum of four hundred (400) hours of UNION business leave
with pay for the bargaining unit per each fiscal year. With the exception of negotiations,
Labor-Management Committee meetings, and grievance processing activities and meetings
which occur after 5:00 p.m. and before 7:00 a.m., all other time spent by officers involved in
the above referenced UNION business activities shall be charged against this four hundred
(400) hours total, including time spent both at and away from the work site, provided and
to the extent that such time occurs during the officers' work hours.

The UNION shall be responsible for working with the CITY to assure that all time spent by
officers in UNION business activities (including negotiations and Labor-Management
Committee meetings) is properly and accurately recorded, and to also assure that the four
hundred (400) hour total is not exceeded.

Except for negotiations, all other requests for leave from duty to participate in UNION
business activities shall be submitted in writing by the UNION to the Fire Chief sufficiently
far in advance, normally at least seventy-two (72) hours, to permit the Fire Chief to make
necessary staffing arrangements, and thereby determine whether or not the officer(s) may
be excused from duty. Except for negotiations, grievance meetings, and appeal hearings,
no more than two (2) on-duty officers may be granted UNION business leave at the same
time, unless otherwise authorized by the Fire Chief. The Fire Chief shall answer such
requests within three (3) business days after a request is received. If the Fire Chief's
response is not provided in the time specified, the request shall be considered "approved."
Such requests shall not arbitrarily be denied.

Officers who are outside of the Champaign-Urbana area attending to UNION business
during work hours shall be expected to return to their jobs within one (1) hour of their return
to Champaign. Officers who are inside the Champaign-Urbana area attending to UNION
business during work hours shall be expected to return to their jobs in the most expeditious
manner possible following the conclusion of the UNION business.




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                                           ARTICLE 31

                              LABOR-MANAGEMENT COMMITTEE

31.1   LABOR-MANAGEMENT COMMITTEE

       There shall be established a joint Labor-Management Committee, such Committee to be
       composed of a maximum of three (3) representatives each for both the UNION and the
       CITY, with these representatives to be selected and designated by the UNION and the City
       Manager, respectively. This Committee shall meet upon the request of either the UNION or
       the CITY.

       The Committee shall meet at such times as may be mutually agreed upon by the UNION
       and the CITY, for the purpose of discussing and attempting to resolve any problems of
       common interest to the parties, and thereby building and maintaining a climate of mutual
       understanding and respect. Whenever the UNION or the CITY desires such a meeting, it
       shall submit a written request for a meeting to the other party, along with an agenda setting
       forth the proposed subject matters to be discussed.

       The UNION and the CITY may establish sub-committees on specific issues by mutual
       agreement. However, requests by either party to form a training or safety committee shall
       not be denied.




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                                            ARTICLE 32

                                    NO STRIKE OR LOCKOUT

32.1   NO STRIKE

       The UNION agrees that during the term of this Agreement, neither the UNION, nor any of
       its officers, its agents, or the officers covered by this Agreement shall instigate, promote,
       sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work, or any
       other intentional interruption of the operations of the CITY. Any and all officers who violate
       any of the provisions of this Article, regardless of the reasons for doing so, may be subject
       to disciplinary action, with suspension of seniority for the period of the violation only.

32.2   NO LOCKOUT

       The CITY agrees that during the term of this Agreement it will not, as a result of a labor
       dispute with the UNION, lockout or prevent any officers from performing their regularly
       assigned duties.




                                                 83
                                            ARTICLE 33

                              MEDICAL EXAMINATIONS,
                     DRUG/ALCOHOL POLICIES AND PHYSICAL FITNESS

33.1   OBJECTIVES

       The CITY and the UNION agree to the establishment of a program of bi-annual physical
       examinations to insure the health and well-being of Fire Service employees.

       The parties agree that it is of the highest importance and concern that Fire Service
       employees be able to exercise sound judgment and properly perform their duties for the
       protection and safety of themselves, their fellow employees, and the public; yet, each party
       desires to take reasonable steps to insure that the rights of both employees and citizens
       are properly recognized and protected.

       It is not the intention of the CITY or UNION to violate any established rights of its
       employees.

       The parties desire, in appropriate cases, to encourage rehabilitation of employees who are
       accurately identified as alcohol or drug abusers so that, in the appropriate cases, such
       employees may continue or resume employment.

33.2   JOINT WELLNESS INITIATIVE COMMITTEE

       A joint committee will be formed consisting of three (3) representatives of Local 1260, and
       three (3) representatives of the CITY of Champaign to work out the details of a wellness
       program for the Champaign Fire Department. This program will be a joint venture targeted
       to improve health and wellness of the members of the Champaign Fire Department and to
       encourage the rapid return to work after injury, recognizing an investment in wellness
       resources will improve the quality of all CFD employees as well as the overall health and
       well-being throughout their careers. The parties will develop an agreement to include a
       program designed from the IAFF-IAFC initiative, and instituted within one (1) year from the
       signing of this document. The parties will develop an agreement to include a program to
       consist of an overall wellness approach encompassing: exercise, nutrition, medical,
       behavioral, and rehabilitative issues and the program will be a non-punitive, rewards based
       educational experience including time by officers to work on their wellness goals. The
       parties will develop an agreement to include a program with alternative duty during an
       officer’s regular shift work schedule that includes rehab time in case of injury or illness. The
       department will include wellness education during regular shift training and train a minimum
       of six (6) peer educators (they will be trained as outlined in the IAFF-IAFC initiative) as a
       resource for CFD employees. A five (5)-year bench mark for workers comp payouts will be
       obtained and any amount this program saves will be split between the CITY and the CFD
       participants, as an incentive for participation for the first five (5) years of the program. The
       program will be reevaluated after that time and any revisions shall be mutually agreed upon
       at that time.




                                                  84
33.3   BASELINE AND BI-ANNUAL PHYSICAL EXAMINATIONS

       The CITY and the UNION agree that a program of baseline physical examinations and bi-
       annual physical examinations shall be established.

       A.     PROCEDURES

              1.     The physical examination shall be conducted by a licensed physician,
                     selected jointly by the CITY and UNION, with expertise in occupational
                     medicine and using qualified laboratories and technicians.

              2.     Physical examinations shall be conducted at the CITY's expense and, to the
                     greatest extent possible, using on-duty hours for the process.

              3.     The baseline physical examination shall include the following procedures
                     and tests:

                     a.     Basic physical examination by the physician

                     b.     Audiometric screening

                     c.     Basic EKG

                     d.     Two view chest x-ray (posterior - anterior, lateral)

                     e.     Pulmonary function screening

                     f.     Basic blood chemistry screening (complete chemistry including all
                            electrolytes and liver function studies)

                     g.     Drug screening

                     h.     Prostatic specific antigen

                     i.     Hepatitis B titer

                     j.     Hematology (CBC WBC)

                     k.     Heavy metals screening as recommended by National Institute of
                            Health for Hazardous Materials Incident Responders

              4.     The ongoing bi-annual physical examination shall include all of the same
                     tests as indicated in item #3 above except that: the physician may omit a
                     test on the basis of the employee’s age, interval of last test, etc.

              5.     When a medical problem is indicated that could possibly prevent the
                     employee from performing his/her duties, the physician may require further
                     testing or consultation with a licensed physical specializing in the field of
                     anatomy or physiology in question in order to determine work status. All
                     medical information shall remain confidential between the employee and the
                     physicians and only the statement of an employee’s inability to perform
                     his/her duties, shall be transmitted to the Fire Chief.



                                                85
              6.      No employee will be required to sign any release of medical information to
                      the employer. Each employee will be notified at least fourteen (14) days in
                      advance of their medical lab work.

              7.      The Fire Chief shall schedule half of the employees in even-numbered years
                      and half in odd-numbered years, based upon the physician's
                      recommendation for initial year schedule. An employee who was found unfit
                      for duty shall be scheduled in the next succeeding year for a physical
                      examination.

              8.      Should an employee be found by the CITY physician to be unable to perform
                      his/her duties as outlined above, the employee shall be relieved from duty
                      and placed on appropriate leave until the employee obtains a second
                      opinion and third opinion if necessary. The employee will select a licensed
                      physician for his/her second opinion. If, after consultation between the
                      CITY’s physician and the employee’s physician, the employee’s fitness for
                      duty is still in question, the CITY and employee shall mutually agree on a
                      third physician specializing in the field of anatomy or physiology in question.
                       The third physician’s opinion shall be determinative of the employee’s
                      fitness for duty. If the employee ultimately is found to be fit, any leave
                      utilized will be recredited to the employee. The CITY shall be responsible for
                      all costs of obtaining the second and third opinions. The employee and
                      CITY jointly shall schedule second and third opinion appointments in a timely
                      manner.

              9.      An exit physical shall be offered to all officers consistent with OSHA 1910.
                      120. The exit physical shall include the same tests as indicated in Section 3
                      above and must be done within sixty (60) days of separation from the CITY.


33.4   GENERAL POLICY REGARDING DRUGS AND ALCOHOL STATEMENT

       The use of illegal drugs and the abuse of legal drugs and alcohol by members of the Fire
       Department present unacceptable risks to the safety and well-being of other employees
       and the public, invite accidents and injuries, and reduce productivity. In addition, such
       conduct violates the reasonable expectations of the public that the employees who serve
       and protect them obey the law and be fit and free from the adverse effects of drugs and
       alcohol abuse.

       In the interest of employing persons who are fully fit and capable of performing their jobs,
       and for the safety and well-being of employees and residents, the CITY and the UNION
       agree to establish a program that will allow the CITY to take the necessary steps, including
       drug and/or alcohol testing, to implement the general policy regarding drugs and alcohol.




                                                86
33.5   DEFINITIONS

       A.     "Drugs" shall mean any controlled substance listed in Chapter 56.5 of the Illinois
              Revised Statutes, known as the Controlled Substances Act, for which the person
              tested does not submit a valid pre-dated prescription. Thus, the term "drugs"
              includes both abused prescription medication and illegal drugs. In addition, it
              includes "designer drugs" which may not be listed in the Controlled Substances Act,
              but which have adverse effects on perception, judgment, memory, or coordination.

       B.     "Impairment" due to drugs shall mean a condition in which the employee is unable
              to properly perform his/her duties due to the effects of a drug in his/her body.
              Where impairment exists (or is presumed), incapacity for duty shall be presumed.

       C.     "Positive Test Results" shall mean a positive result on both a confirming test and
              initial screening test. If the initial test is positive, but the confirming test is negative,
              the test results will be deemed negative and no action will be taken. A positive
              confirming test result is one where the specimen test contained alcohol, drug or
              drug metabolite.

       D.     The term "drug abuse" includes the use of any controlled substance which has not
              been legally prescribed and/or dispensed, or the abuse of alcohol or a legally
              prescribed drug which results in impairment while on duty.

33.6   PROHIBITIONS

       Fire Fighters shall be prohibited from:

       1.     Consuming or possessing alcohol or illegal drugs at any time during the work day
              on any of the CITY's premises or job sites, including all of the CITY's buildings,
              properties, vehicles and the CITY's personal vehicle while engaged in the business
              of the CITY.

       2.     Using, selling, purchasing or delivering any illegal drug during the work day or when
              off duty.

       3.     Failing to report to their supervisor any known adverse side effects of medication or
              prescription drugs which they are taking.

       4.     Being under the influence of alcohol, or any illegal drugs or controlled substance
              while on duty.

       Violations of these prohibitions will result in disciplinary action up to and including
       discharge.




                                                   87
33.7   THE ADMINISTRATION OF TESTS

       A.   INFORMING EMPLOYEES REGARDING DRUG TESTING

            All employees will be informed, in writing, of the CITY's drug testing policy before
            testing is administered. Employees will be provided with information concerning the
            impact of the use of drugs on job performance. In addition, the CITY will inform the
            employees of how the tests are conducted, when the test will be conducted, what
            the test can determine, and the consequences of testing positive for drug use. All
            newly hired employees will be provided with this information on their initial date of
            hire. No employee shall be tested until this information is provided to him/her.

       B.   WHEN A TEST MAY BE COMPELLED

            There shall be no across-the-board or random drug testing of employees except as
            provided in this Agreement. Where there is reasonable suspicion to suspect that an
            employee is under the influence of drugs/alcohol and is impaired while on duty, that
            employee may be required to report for drug testing. The UNION shall be notified
            and the Fire Department shall arrange for the drug test. Management shall inform
            the employee being ordered to submit to the test of his/her right to consult with a
            UNION Representative before submitting to the test. Refusal of an employee to
            comply with the order for a drug/alcohol screening will be considered as a refusal of
            a direct order and will be cause for discharge.

       C.   REASONABLE SUSPICION STANDARD

            Reasonable suspicion exists if specified objective facts and circumstances warrant
            rational inferences that a person is using and/or is physically impaired due to being
            under the influence of alcohol or controlled substances. Reasonable suspicion will
            be based upon the following:

            1.     Observable phenomena, such as direct observation of use and/or the
                   physical symptoms of impairment resulting from using or being under the
                   influence of alcohol or controlled substances;

            2.     Information provided by an identifiable, reliable and credible source.

            It is understood that a drug test may be required under the following conditions:

            1.     When an employee has been arrested or indicted for conduct involving
                   illegal drug related activity on or off duty;

            2.     When an employee is involved in an on-the-job injury causing reasonable
                   suspicion of illegal drug use or alcohol abuse;

            3.     When an employee is involved in an accident where there is reasonable
                   suspicion of illegal drug use or alcohol abuse.




                                              88
D.     ORDER TO SUBMIT TO TESTING

              At the time an employee is ordered to submit to testing authorized by this
              Agreement, the CITY shall provide the employee with a written notice of the order,
              setting forth the objective facts and reasonable inferences drawn from those facts
              which formed the basis of the order to test. The employee shall be permitted to
              consult with a representative of the UNION at the time the order is given. The
              employee shall` decide to submit to testing within forty-five (45) minutes of being
              ordered to do so or shall be determined to have refused to submit to testing. No
              questioning of the employee shall be conducted that is not consistent with the
              "Firemen's Disciplinary Act". A refusal to submit to such testing may subject the
              employee to discipline, but the employee's taking of the test shall not be construed
              as a waiver of any objection or rights that he/she may have. When testing is
              ordered, the employee will be removed from duty and placed on leave with pay
              pending the receipt of results.

33.8   CONDUCT OF TESTS

       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
              National Institute of Drug Abuse (NIDA);

       B.     Ensure that the laboratory or facility selected conforms to all NIDA standards;

       C.     Use tamper proof containers, have a chain-of-custody procedure, maintain
              confidentiality, and preserve specimens for a minimum of twelve (12) months. The
              laboratory or facility shall provide a written copy of their sample handling procedures
              to the UNION. The laboratory or facility shall participate in a program of "blind"
              proficiency testing where they analyze unknown samples sent by an independent
              party. The laboratory or facility shall make such result available to the UNION upon
              request. All testing shall be by chemical analysis of a blood or urine sample by gas
              chromatography/mass spectrometry (GC/MS). At the time a urine specimen is
              given, the employee shall be given a copy of the specimen collection procedures;
              the specimen must be immediately sealed, labeled and initialed by the employee to
              ensure that the specimen tested by the laboratory is that of the employee;

       D.     Collect a sufficient sample of the same bodily fluid or material from a fire fighter to
              allow for initial screening, a confirmatory test and a sufficient amount be set aside
              reserved for later testing if requested by the employee or the CITY;

       E.     Collect samples in such manner as to preserve the individual employee's right to
              privacy, ensure a high degree of security for the sample and its freedom from
              adulteration. Employees shall not be witnessed by anyone while submitting a
              sample, except in circumstances where there is reasonable suspicion that the
              employee has attempted to compromise the accuracy of the testing procedure;

       F.     Confirm any sample that tests positive in the initial screening for drugs by testing the
              second portion of the same sample in the same manner as the first test;




                                                 89
       G.     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;

       H.     Provide each employee tested with a copy of all information and reports received by
              the CITY in connection with the testing and the results;

       I.     Ensure that no employee is subject to any adverse employment action during the
              pendency of any testing procedure. All records of the testing procedure will be
              expunged from the employee's personnel files in the event of a negative test;

       J.     Require that the laboratory or hospital facility report to the CITY that a blood or urine
              sample is positive only if both the initial and confirmatory tests are positive for a
              particular drug.

33.9   DRUG TESTING STANDARDS

       The clinical laboratory selected shall determine the standard with reference to drugs which
       shall govern whether any particular test result is positive or negative.

33.10 RIGHT TO CONTEST

       The UNION and/or the employee, with or without the UNION, shall have the right to file a
       grievance concerning any testing permitted by this Agreement according to the terms of this
       Agreement.

33.11 VOLUNTARY REQUESTS FOR ASSISTANCE

       The CITY will not take any disciplinary action against an employee because he/she
       voluntarily seeks treatment, counseling, or other support for an alcohol or drug related
       problem. The CITY may require reassignment if the employee is then unfit for duty in
       his/her current assignment. The CITY shall make available a means by which such
       employees may obtain referrals and treatment. Such requests, referrals, and treatment
       shall be confidential. The nature of the problem, the referral, and the treatment shall not be
       disclosed to the CITY or the Fire Department. The CITY agrees that any information that it
       obtains, through whatever means, concerning such referral or treatment, shall not be used
       in any manner except as outlined above regarding fitness for duty and temporary
       reassignments. Employees shall be permitted to use their accumulated leave of whatever
       type or to take an unpaid leave of absence during the period of rehabilitation.

33.12 DISCIPLINE

       All discipline in situations involving a positive test shall be administered as specified herein:

       A.     FIRST POSITIVE

              In the first instance that an employee tests positive, the employee may be subject to
              a suspension not to exceed five (5) calendar days. The foregoing limit on
              suspension is conditioned upon the employee agreeing to:




                                                  90
            1.     Undergo appropriate treatment as determined by the physician(s) involved;

            2.     Discontinue use of illegal drugs or abuse of alcohol;

            3.     Complete the course of treatment prescribed, including follow-up treatment
                   for a period up to twelve (12) months;

            4.     Submit to random testing during working hours during the period up to
                   twelve (12) months. Employees who test positive a second time while in
                   treatment shall be discharged and the penalty shall not be subject to the
                   grievance procedure.

            Employees who do not agree to the foregoing, shall be subject to discipline, up to
            and including discharge. The CITY may use the positive test as evidence of
            impairment.

     B.     SECOND POSITIVE

            Employees who test positive in a separate incident after completing a treatment
            program shall be placed on an unpaid leave of absence for up to sixty (60) days. If
            the employee enrolls in an approved treatment program and is released from the
            program and approved to return to duty by the treatment program directors within
            the sixty (60) day period, the employee shall be returned to duty without loss of
            seniority. Upon return to duty, the employee shall be subject to random testing for a
            period up to twelve (12) months.

            If the employee tests positive again, he/she shall be discharged and the penalty
            shall not be subject to the grievance procedure.

            The foregoing 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 (e.g., determination by an independent physician and/or
            appropriately certified medical and/or psychological professional) that the
            employee's current use of alcohol or drugs prevents such individual from performing
            his/her duties or whose continuance on active status would constitute a direct threat
            to the property and safety of others. Such employees shall be afforded the
            opportunity to use accumulated paid leave or to take an unpaid leave pending
            treatment.

            Employees who are taking prescribed or over-the-counter medication that has
            adverse side effects which interfere with the employee's ability to perform his/her
            normal duties may be temporarily reassigned with full pay to other more suitable
            duties or they may be required to utilize paid or unpaid leave.

33.13 DUTY ASSIGNMENT

     If the nature of the EAP or treatment program (e.g., outpatient treatment) allows the
     employee to continue to work during the treatment, the CITY shall maintain the individual's
     previous employment status. If an employee participates in an inpatient program which




                                              91
     precludes continued employment, the employee shall be granted leave to do so. At the end
     of the leave, the employee shall be returned to his/her former position with no loss of
     seniority and accumulated benefits. An employee may use accumulated leave or disability
     benefits during the period of his/her treatment leave.

     Nothing in this section shall prevent an employee from seeking treatment or taking a
     treatment leave more than one (1) time in a year.

33.14 EAP PROGRAM

     The CITY shall provide an EAP Program or similar services.

33.15 CONFIDENTIALITY OF TEST RESULTS

     The results of drug and alcohol testing will be disclosed to the person tested, the Fire Chief,
     the Personnel Director, and such other officials as may be mutually agreed to by the
     parties. Such designations will be made on a need-to-know basis. If the employee is
     represented by a UNION and consents in writing, test results will be disclosed to the
     employee's UNION. Test results will not be disclosed externally except where the person
     tested consents. Any employee whose drug/alcohol screen is confirmed positive shall have
     an opportunity at the appropriate stage of the disciplinary process to refute said results.

33.16 ALCOHOL TEST STANDARDS

     Except as provided in the following table, only test results that show an alcohol
     concentration of .08 or more, based upon the grams of alcohol per 100 milliliters of blood,
     will be considered positive.

     Elapsed Time
     Since Employee
     Has Begun His/Her
     Workday to Time
     the Employee                                                                Presume to
     Gives the                     Considered             No                     Have Been
     Blood Sample                  Unimpaired             Presumption            Impaired

     0 Hour -1 Hour                .05 or less            >.05 but <.08          .08 or more
     1 Hour -2 Hours               .04 or less            >.04 but <.07          .07 or more
     2 Hours -3 Hours              .03 or less            >.03 but <.06          .06 or more
     3 Hours -4 Hours              .02 or less            >.02 but <.05          .05 or more
     4 Hours -5 Hours              .01 or less            >.01 but <.04          .04 or more
     5 Hours -6 Hours              .00 or less            >.00 but <.03          .03 or more
     6 Hours -7 Hours              .00 or less            >.00 but <.02          .02 or more

     Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100
     cubic centimeters of blood.




                                                 92
                                            ARTICLE 34

                                   DRIVING RESPONSIBILITIES

34.1   LICENSE REQUIREMENTS

       All Probationary Fire fighters, Permanent Fire fighters, Fire Lieutenants, and Fire Captains
       are required, as a condition of employment, to hold and maintain legal driving privileges (an
       Illinois Class "B" driver's license). All Permanent Fire fighters to be considered for
       temporary upgrade to Fire Engineer and all Fire Engineers are required, as a condition of
       employment, to hold and maintain legal driving privileges (an Illinois Commercial Driver's
       License [CDL]).

       Officers who are members of the HMRT (Hazardous Materials Response Team) may
       upgrade their driver's license and may utilize the Fire Departments Third Party Program to
       do so. The Fire Department has received training and is qualified to administer the CDL
       third-party test for Class "A" CDL.

34.2   EFFECT OF LIMITATIONS ON DRIVING PRIVILEGE

       Any limitation upon an employee's driving privileges constitutes a serious inability to
       perform an employee's duties. Employees whose driving privileges are restricted,
       suspended or revoked, shall be temporarily assigned to non-driving duties, their pay shall
       be temporarily reduced to the pay of the rank immediately below the Employee with the
       appropriate longevity; and they shall be ineligible for any upgrades until their driving
       privileges are completely restored for a period not to exceed fifteen (15) months from the
       date their driving privileges were originally restricted. The term "completely restored"
       means the ability to drive (for work purposes), including overtime, anywhere within the State
       of Illinois at any time of the day or week.

       If an officer does not regain complete driving privileges within fifteen (15) months, the
       officer shall be discharged.

34.3   EMPLOYEE RESPONSIBILITIES

       It is the individual officer's responsibility to notify the Fire Chief or his/her designee of any
       suspension, revocation, or restriction of driving privileges before commencing any work
       assignment. Failure to notify the Fire Chief or his/her designee promptly of the suspension,
       revocation or restriction of driving privileges or any changes in driving status constitutes just
       cause for discharge.

34.4   REINSTATEMENT OF DRIVING PRIVILEGES

       If an officer regains his/her complete driving privileges within fifteen (15) months of the date
       of suspension, revocation or restriction of driving privileges, he/she shall immediately
       provide the Fire Chief written notification that complete driving privileges have been
       reinstated. Upon verification that complete driving privileges have been restored within the
       fifteen (15) month time limit, the employee shall be restored to his/her previous rate of pay
       and duties without loss of seniority.




                                                  93
34.5   AUTHORITY TO CHECK

       The UNION recognizes that the CITY has the authority to conduct unannounced and
       unscheduled driver's license status checks on any officer at any time.

34.6   COSTS OF OBTAINING AND RENEWING COMMERCIAL DRIVER'S LICENSE

       The CITY shall pay the license and renewal fees for employees obtaining and renewing a
       Commercial Driver's License.




                                              94
                                          ARTICLE 35

                                   DEPUTY FIRE MARSHALS

35.1   COMMISSIONED OFFICERS

       A commissioned officer who is selected for the position of Deputy Fire Marshal shall be
       paid at Deputy Fire Marshal pay rates. A commissioned officer may return to fire
       suppression at his/her commissioned rank upon mutual consent of the employee and the
       CITY, and providing that a position vacancy is available for his/her return to that rank.

35.2   SALARIES FISCAL YEAR 2007-08 (3.25%)

       Starting with the bi-weekly payroll period beginning June 25, 2007, and continuing during
       the 2007/08 fiscal year, the following base salaries shall be in effect:

       Salary
       Range         Position Classification        Merit Step           Hourly Rate of Pay
       D-37          Deputy Fire Marshall              A                      $26.0607
                                                       B                      $27.2597
                                                       C                      $28.5234
                                                       D                      $29.8420

35.3   SALARIES FISCAL YEAR 2008-09 (3.75%)

       Starting with the bi-weekly payroll period beginning June 23, 2008, and continuing during
       the 2008-09 fiscal year, the following base salaries shall be in effect:

       Salary
       Range         Position Classification        Merit Step           Hourly Rate of Pay
       D-37          Deputy Fire Marshall              A                      $27.0380

                                                       B                       $28.2819

                                                       C                       $29.5931

                                                       D                       $30.9611

35.4   SALARIES FISCAL YEAR 2009-10 (3.75%)

       Starting with the bi-weekly payroll period beginning June 22, 2009, and continuing during
       the 2009-10 fiscal year, the following base salaries shall be in effect:

       Salary
       Range         Position Classification        Merit Step           Hourly Rate of Pay
       D-37          Deputy Fire Marshall              A                      $28.0519
                                                       B                      $29.3425
                                                       C                      $30.7028
                                                       D                      $32.1222




                                               95
35.5   GRANTING OF MERIT STEP INCREASES

       The four (4) merit steps are designated as “A”, “B”, “C”, and “D”, and depending upon the
       circumstances surrounding their appointment, Deputy Fire Marshals may be assigned to
       any one of the merit steps. For example, although most new employees generally begin at
       “Step A”, existing employees who are transferred from one position classification to Deputy
       Fire Marshal may get assigned to a higher merit step.

       Regardless of which merit step employees may be assigned to at the time of their
       appointment to a given position, and unless otherwise authorized by the City Manager, the
       minimum time employees are required to remain at the various merit steps is as follows:

                      MERIT STEP             MINIMUM TIME REQUIRED

                            A                       One (1) Year
                            B                       One (1) Year
                            C                One (1) Year
                            D                One (1) Year

       In accordance with this schedule, Deputy Fire Marshals are eligible to progress from one
       merit step to the next, and thus receive a merit step increase in their base salary rates, on
       their merit step anniversary date. Merit step increases may only be granted, however, to
       Deputy Fire Marshals who have exhibited satisfactory job performance in their respective
       positions, as determined by their performance evaluations.

       Should a Deputy Fire Marshal be on a leave of absence (or layoff status) for a period of
       thirty (30) days or more, then the Deputy Fire Marshal’s scheduled merit step anniversary
       date shall be extended accordingly so as to allow for the period of the absence.

35.6   WITHHOLDING OF MERIT STEP INCREASES

       The CITY has the right and responsibility to withhold any scheduled merit step increase
       when it believes that a Deputy Fire Marshal’s job performance is unsatisfactory. When
       such is the case, the Deputy Fire Marshal shall be notified in writing by his/her supervisor
       prior to the merit step anniversary date, as to those areas of performance where
       improvement is needed. The Deputy Fire Marshal shall then be placed on a special
       evaluation period for a period of six (6) months. The CITY will also conduct a performance
       evaluation at the mid-point of this six (6)-month period and provide written notice of the
       results to the Deputy Fire Marshal.

       If the Deputy Fire Marshal’s job performance has not improved to a satisfactory level by the
       end of the special six (6)-month evaluation period, then the Deputy Fire Marshal shall not
       receive the merit step increase and shall be subject to dismissal. If it is determined at the
       end of the special evaluation period that the Deputy Fire Marshal’s job performance has
       improved to a satisfactory level, then the Deputy Fire Marshal shall be returned to regular
       status, receive the merit step increase at that time, and a new merit step anniversary date
       shall be established as of the end of the special evaluation period.




                                                 96
35.7   MINIMUM OVERTIME PAYMENTS

       When a Deputy Fire Marshal works outside his/her regularly scheduled hours, they shall
       receive a minimum of two (2) hours of overtime pay unless the hours worked are
       contiguous to their normally scheduled hours.

35.8   ADVANCE OF SICK LEAVE TO DEPUTY FIRE MARSHALS

       The CITY will advance to probationary Deputy Fire Marshals, at their date of hire, forty-
       eight (48) hours of sick leave. The bi-weekly accrual of sick leave will begin at six (6)
       months.

35.9   MAXIMUM SICK LEAVE ACCRUAL

       Non-commissioned personnel in the Deputy Fire Marshal position shall have a maximum
       sick leave accrual of 1320 hours.

35.10 ELEX TIME

       Work hours can be adjusted by mutual consent between the supervisor and the Deputy Fire
       Marshal within the forty (40)-hour work week, whereby normal work days can be
       lengthened or shortened for a period of two (2) hours of less and overtime will not be paid.
       It is expressly understood that either the Deputy Fire Marshal or the supervisor will have the
       right to refuse to consent or approval under this arrangement without reprisal.

35.11 VACATION LEAVE

       Non-commissioned personnel in the Deputy Fire Marshal position shall have a maximum
       vacation accrual of 322 hours.

35.12 PAYMENT FOR UNUSED, ACCUMULATED SICK LEAVE

       Non-commissioned personnel in the Deputy Fire Marshal position shall be compensated in
       cash for unused, accumulated sick leave upon voluntary separation from the CITY as
       follows:

       Completion of 5 years of service                     10% of unused sick leave
       Completion of 10 years of service                    30% of unused sick leave
       Completion of 15 years of service                    40% of unused sick leave
       Completion of 20 years of service                    50% of unused sick leave

35.13 PERSONAL LEAVE

       Employees shall receive twenty-four (24) hours personal leave with pay each fiscal year.
       Employees shall be credited with twenty-four (24) hours personal leave on July 1 of each
       year.




                                                97
35.14 USE OF PERSONAL LEAVE

     Personal leave may be used at any time with the advance approval of the employee’s
     supervisor. The advance approval may be waived at the CITY’s discretion when it is in the
     CITY’s best interest to do so or when personal leave is being requested due to an
     unforeseen emergency.

     Personal leave may not be taken in increments of less than one hour. Personal leave may
     be cancelled in the event of an emergency.

35.15 UNIFORMS AND PROTECTIVE CLOTHING

     A.     INITIAL USE OF UNIFORMS

            All initial use of uniform items will be provided to Deputy Fire Marshals at the
            beginning of their original employment. The following items will be issued subject to
            departmental specifications:

     B.     ANNUAL UNIFORM ALLOWANCE

            The above list is intended to provide the employee with adequate uniform items for
            the first year of employment. An annual uniform allowance will be paid to each
            permanent employee each fiscal year thereafter to provide for maintenance and
            replacement of uniform items. An employee completing their original probationary
            period during a fiscal year shall be paid 1/12 of the uniform allowance for each
            month worked.

            The annual uniform allowance will be payable the first paycheck of November as
            follows:

                   FY 00-01 and subsequent years - $550.00

                           Inspection

                           4 – Station uniform pants
                           1 – Station uniform shirt (long sleeve)
                           1 – Station uniform shirt (short sleeve)
                           1 – Black necktie
                           1 – Winter uniform jacket
                           1 – Summer uniform jacket
                           1 – Uniform cap (baseball)
                           1 – Pair black shoes or boots
                           1 – Black belt
                           4 – Pairs of black, white or blue socks
                           1 – CFD physical training shorts
                           1 – CFD sweatpants
                           1 – CFD physical training shoes
                           1 – Required badges and insignia
                           1 – CFD embroidered three season jacket
                           3 – CFD embroidered polo shirts
                           3 – CFD embroidered long sleeve shirts




                                             98
35.16 PROTECTIVE CLOTHING

     The CITY agrees to provide protective clothing as may be required for Deputy Fire
     Marshals to safely and properly perform their duties. Protective clothing such as the
     following will be issued at no cost to the employee and in accordance with NFPA standards.

                           Inspection

                           Helmet with eye protection
                           Bunker coat
                           3/4 boots (truck)
                           Gloves
                           Flashlight

35.17 ACCUMULATION OF COMPENSATORY TIME

    A.      COMPENSATORY TIME ACCRUAL. Deputy Fire Marshals shall have the option,
            at their sole discretion, of accepting and accumulating compensatory time in lieu of
            actual payments for overtime pay, and stand-by pay. However, for any overtime
            occurrence, the CITY reserves the right to pay up to fifty per cent (50%) of such
            overtime in cash. Compensatory time shall reflecting the equivalent number of
            hours as represented by the amount of overtime pay, taking into account, where
            applicable, the time and one-half overtime rate.

            In order to be eligible to receive compensatory time, Deputy Fire Marshals must
            notify their Division Head that they wish to receive compensatory time credit in lieu
            of the overtime pay and stand-by, which they are entitled to receive, and such
            notification must be made during or at the conclusion of the same pay period during
            which the overtime work or stand-by duty occurred.

     B.     MAXIMUM ACCUMULATION OF COMPENSATORY TIME

            Deputy Fire Marshals may earn or carry forward a maximum total of eighty (80)
            hours of compensatory time in any one (1) year. Deputy Fire Marshal may use a
            maximum total of eighty (80) hours of compensatory time in any one (1) year.
            Under no circumstances shall an employee be allowed to accumulate or use more
            than eighty (80) hours of compensatory time in any one (1) year. Once a Deputy
            Fire Marshal has accumulated or used eighty (80) hours of compensatory time, all
            further hours for overtime or stand-by shall be paid in cash at the rate of time and
            one-half the Fire Marshal’s regular rate of pay.

     C.     USE OF COMPENSATORY TIME

            Compensatory time usage shall be governed by the same rules and regulations
            which govern the request, approval and usage of personal leave hours.




                                              99
D.   PROCEDURES AND LIMITS FOR COMPENSATORY TIME ACCRUALS AND
     USAGE

     A Deputy Fire Marshal’s compensatory time balance as of the end of each year may
     be used as follows at the Deputy Fire Marshal’s option:

     1.     A maximum of eighty (80) hours may be carried forward into the next year.
            This compensatory time carried forward plus any additional hours earned
            during the following year shall not be allowed to exceed eighty (80) hours.

     2.     A maximum of eighty (80) hours may be paid out at the Deputy Fire
            Marshal’s regular rate of pay at the time of the payment. This payment will
            be made by the CITY on the first regular payroll date in the month of
            November following the end of each year.

E.   PAYMENT FOR ACCUMULATED COMPENSATORY TIME

     Deputy Fire Marshal who resign, retire, or are otherwise permanently separated
     from the service of the CITY, shall receive payment for all of their accumulated
     compensatory time hours upon their separation from employment with the CITY. In
     the event of a Deputy Fire Marshal’s death, this payment shall be paid according to
     applicable law.

     The amount of this payment for these accumulated compensatory time hours shall
     be calculated based upon a Deputy Fire Marshal’s regular straight-time hourly rate
     of pay in effect for the Deputy Fire Marshal’s regular position, on the last day of the
     Deputy Fire Marshal’s employment.

F.   YEAR DEFINED

     For purposes of this article, “year” shall be defined as the CITY’s fiscal year.




                                       100
                                           ARTICLE 36

                               AUTHORITY OF THE AGREEMENT

36.1   COMPLETE AGREEMENT

       The parties to this Agreement 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 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. Therefore,
       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 referred to or covered in this
       Agreement, or with respect to any subject or matter not specifically 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.

       The terms and conditions set forth in this Agreement represent the full and complete
       understanding and commitment between the parties, canceling any and all prior
       commitments, written or oral, between the parties. The parties may, however, by mutual
       agreement, and as provided for in Article 37 (Amendment of the Agreement), engage in
       further collective bargaining if necessary.

36.2   SAVINGS CLAUSE

       Nothing contained in this Agreement shall be construed as requiring either party to do
       anything inconsistent with Federal or State law, or an order, decree or judgment of any
       court having jurisdiction over the parties.

       Should any Article, Section or other provision of this Agreement, or the application of such,
       be rendered or declared unlawful and unenforceable by any applicable court action or by
       reason of any existing or subsequently enacted federal or state legislation, the remaining
       parts or portions of this Agreement shall remain in full force and effect; and, the parties
       agree immediately to negotiate a substitute for the invalidated Article, Section or other
       provision.




                                                101
                                         ARTICLE 37

                                           NOTICES

37.1   NOTICES TO THE UNION AND CITY

       Notices hereunder shall be deemed to have been adequately given if served by certified
       mail upon the persons named below at the addresses indicated, unless otherwise notified
       in writing:

              NOTICES TO THE UNION SHALL BE ADDRESSED TO:

                     President
                     Champaign Fire Fighters Local 1260
                     Post Office Box 3923
                     Champaign, Illinois 61826-3923

              NOTICES TO THE CITY SHALL BE ADDRESSED TO:

                     City Manager
                     102 North Neil Street
                     Champaign, Illinois 61820




                                              102
                                           ARTICLE 38

                       TERM AND AMENDMENT OF THE AGREEMENT

38.1   RENEWAL AND NEGOTIATION OF THE AGREEMENT

       This Agreement shall be effective as of the first day of July, 2007, and shall remain in full
       force and effect until the 30th day June, 2010. It shall be automatically renewed from
       year to year thereafter, unless either party shall notify the other in writing at least six (6)
       months prior to the anniversary date that it desires to negotiate a new or modified
       Agreement.

       In the event that such notice is given, negotiations shall begin not later than three (3)
       months prior to the anniversary date. This Agreement may be extended beyond the
       expiration date by mutual agreement of the parties.

       If the parties fail to agree upon a new Agreement and the Agreement has expired, either
       party may request, and both parties shall agree to use the services of the Federal
       Mediation and Conciliation Service (FMCS). The services of FMCS may also be used in
       conjunction with any subsequent renegotiation of this on any part of this Agreement if
       mutually agreeable to both parties.

       Any conclusions or recommendations reached through the use of mediation shall be
       considered as advisory only. Both parties shall make a reasonable effort to reach
       agreement through the mediation service provided by the FMCS. All expenses of
       mediation shall be shared equally by the CITY and the UNION.

38.2   AMENDMENT OF THE AGREEMENT

       This Agreement may be amended by the mutual, written agreement of both parties.




                                                  103
                             ARTICLE 39

                    RETIREE HEALTH SAVINGS PLAN

39.1   RETIREE HEALTH SAVINGS PLAN

        **SUBJECT TO AGREEMENT PER MEMORANDUM OF UNDERTANDING**




                                     104
                        EXECUTION OF THE AGREEMENT

            THIS DOCUMENT, in total, as set forth below, constitutes the entire
Agreement between the parties, and when executed, supersedes aD previous
understandings, commitments and agreements between the parties, both written and
verbal:

            Agreement   --   Articles 1 through 39

             IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives this day of
                                                         _____             2008.
                                                                     ____________,




CITY OF CHAMPAIGN, ILLINOIS                        CHAMPAIGN LOCAL #1260
                                                   OF THE INTERNATIONAL ASSOCIATION
                                                   OFFIREFJ-ITERS

                                                   By:


                                                   By:


                                                   By


                                                   By:


                                                   By:


                                                   By:
                                                         Carrol Whitehouse




                                             105
                                         APPENDIX 2.1




               DOMESTIC PARTNER REGISTRATION FORM

WE HEREBY CERTIFY OURSELVES TO BE DOMESTIC PARTNERS AS DEFINED BY
THE CITY OF CHAMPAIGN DOMESTIC PARTNER STATEMENT AND POLICY. WE
DECLARE:

1.     We are at least 18 years of age, and of the same gender.
2.     We are competent to contract at the time the domestic partnership statement is
       completed.
3.     We are not legally married to any person and not related in any way that would
       prohibit marriage in our state of operation.
4.     We are each other’s sole domestic partner.
5.     We share permanent residence.

Domestic partners must have at least three of the following to establish domestic
partnership:

               •   Joint lease, mortgage, or deed
               •   Joint ownership of vehicle
               •   Joint ownership of a checking account or credit account
               •   Designation of the domestic partner as beneficiary for the employee’s
                   life insurance or retirement benefits
               •   Shared household expenses.

6.     We agree to notify the Human Resource Services Department in writing if there is
       any change in our status as domestic partners as certified in this statement. We will
       notify the Human Resource Services Department within thirty (30) days of such
       change by filing a Domestic Partner Termination form which will make the domestic
       partner no longer eligible for CITY of Champaign sponsored benefits. The Domestic
       Partner Termination shall affirm that the domestic partnership status is terminated as
       of its date of execution and that a copy of the Domestic Partner Termination has
       been provided to the other partner by the party authorizing such action. The
       employee must then wait six (6) months from the date of the Domestic Partner
       Termination before registering another domestic partnership, except in either of the
       following cases:

          a.   The employee is registering the same domestic partnership within thirty
               (30) days notification of the termination of that domestic partnership, or;

          b.   The employee’s former domestic partnership was dissolved through the
               death of the employee’s domestic partner.




                                                 106
7.     We understand that any false or misleading statements made in order to receive
       benefits for which we do not qualify will result in retroactive Termination of benefits.

8.     We have provided the information in this statement for the sole purpose of determining
       our eligibility for CITY of Champaign controlled domestic partnership benefits.

9.     We understand that the employee’s supervisor will be notified for the purpose of
       administering domestic partner leave benefits.


       Employee Signature: __________________________                Date: ___________

       Department: ________________________________

       Domestic Partner Signature: ____________________             Date: ____________

       Employee’s Home Address:                        Domestic Partner’s Home Address:

       _____________________________                   ____________________________

       _____________________________                   ____________________________

       Home Phone: _________________                   Home Phone: ________________


                                                       Child of Domestic Partner:

                                                       ____________________________
                                                       Last        First        MI

                                                       Date of Birth_________________

                                                       Child of Domestic Partner:

                                                       ____________________________
                                                       Last        First        MI

                                                       Date of Birth_________________


(Attach another page for additional children)


Subscribed and Sworn to before me this _____ day of _________________________, 20___.

_______________________________
Notary Public




                                                 107
Personnel Services • 102 N Neil St • Champaign IL 61820 • (217) 403-8770 • fax (217) 403-8780 • www.ci.champaign.il.us


              DOMESTIC PARTNER STATEMENT AND POLICY

The CITY of Champaign seeks to promote acceptance of diversity in all its dimensions, including
sexual orientation. In light of this goal, the benefits provided to domestic partners are the same
benefits as provided to spouses of legally married employees.

Domestic partners are persons who:

     •    Are at least 18 years of age, and of the same gender.

     •    Are competent to contract at the time the domestic partnership statement is completed.

     •    Are not legally married to any person and not related in any way that would prohibit
          marriage in our state of operation.

     •    Are each other’s sole domestic partner.

     •    Share permanent residence.

Domestic partners must have at least three of the following:

     •    Joint lease, mortgage, or deed

     •    Joint ownership of vehicle

     •    Joint ownership of a checking account or credit account

     •    Designation of the domestic partner as beneficiary for the employee’s life insurance or
          retirement benefits.

     •    Shared household expenses.

Registration of a domestic partnership will be required for coverage under the group health,
dental, vision and dependent life insurance.

     •    An employee who wishes to register a domestic partnership needs to contact the Human
          Resources Department for information and the registration form. Upon receipt of a
          properly completed form, the Department will consider the Partnership registered as of the
          date of the signature on the form.


                                                                 108
   •   Children of domestic partners are eligible for benefits under the same conditions as are
       the children of employees’ legal spouses.

   •   Enrollment of domestic partners and eligible dependent children is subject to the same
       rules as enrollment of other dependents.

   •   Domestic partners and their enrolled dependents receive the same or equivalent benefits
       as spouses and their enrolled dependents receive for group continuation health coverage
       through COBRA and/or individual conversion.

   •   An employee may terminate a domestic partnership by notifying Human Resources in
       writing of the termination of the domestic partnership within thirty days of its
       termination. (The same guideline exists for married couples that divorce.) The employee
       must then wait six months from the date of the notice before registering another domestic
       partnership, except in either of the following cases:

   •   The employee is registering the same domestic partnership within thirty days notification
       of the termination of that domestic partnership, or

   •   The employee’s former domestic partnership was dissolved through the death of the
       employee’s domestic partner.

The tax consequences of a domestic partnership are the responsibility of the employee, not the
CITY. Under the Internal Revenue Code, an employee is not taxed on the value of benefits
provided by an employer to an employee’s spouse or dependent. However, the IRS has ruled
that a domestic partner does not qualify as a spouse.

The value of benefits provided to an employee’s domestic partner (and the domestic partner’s
eligible children, if any) is considered part of the employee’s taxable income, unless the
employee’s domestic partner qualifies as a dependent under Section 152 of the Internal Revenue
Code. This company will treat the value of the benefits provided to the employee’s domestic
partner (and the domestic partner’s eligible children, if any) as part of the employee’s income
and will withhold the taxes on the value of those benefits from employee’s paychecks. If the
employee’s domestic partner qualifies as a dependent under Section 125 of the Internal Revenue
Code, the employee may file the proper documentation with the IRS and seek a refund for taxes
withheld.

Some courts have recognized non-marriage relationships as the equivalent of marriage for the
purpose of establishing and dividing community property. A declaration of common welfare,
such as the registration of a domestic partnership, may therefore have legal implications.

Questions regarding this policy should be directed to the Human Resources Department.




                                                109
  THE FOLLOWING ARE INCLUDED AS PREVIOUSLY
                   AGREED
    UPON INTERPRETATIONS OF THE CONTRACT,
AND ARE NOT INCLUDED AS AN OFFICIAL PART OF THE
CONTRACT BUT TO ASSIST DAY-TO-DAY OPERATIONS



                  (JULY 1, 2008)




                       110
                                         Addendum

                             Memorandums of Understanding

The following Memorandum of Understanding and Contract Implementation Memo language
has been added as an addendum to the Collective Bargaining Agreement for reference
purposes. There is no intent by the CITY or the UNION to expand or limit the authority of the
following provisions, or any agreement that was not included. They have been consolidated
here for convenience.




                                               111
Memorandum of Understanding
Consecutive Hours Worked
April 29, 2002 (Corbly-Browning)

      WORK DAYS AND TOURS OF DUTY

      The CITY and the UNION agree that many consecutive hours worked by an officer on
      the 24 hour work schedule may have the potential to create an unsafe environment for
      both the officer and his/her crew members. Therefore, if the CITY or the UNION feels
      that an officer has worked or may work too many consecutive hours and safety may
      become an issue, the parties agree to meet and review the circumstances of the
      consecutive hours and develop an appropriate resolution.




                                             112
Memorandum of Understanding
Use of Pagers by Fire Investigators
October 30, 1997 (Corbly-Browning)

      INVESTIGATORS

      Members placed on the Champaign Fire Department’s Fire Investigations Team shall
      be given pagers to facilitate contacts should they be needed in accordance with OP
      #122 and the Incident Commander. It is mutually understood that the use of these
      pagers by members of the Investigation Team while off-duty is not a requirement, but
      is voluntary on the part of the individual investigator.




                                             113
Memorandum of Understanding/Contract Implementation Memo
Not Available Status
August 21, 1992 (Punkay-Griffith)
June 28, 1994 (Walters-Browning)
April 13, 1999 (Corbly-Browning)

       (6-28-1994) There will be NAs for Jury Duty, Schools and Training, Official CFD
       Functions, traded days, Administrative Assignment, and the day of the Funeral for
       Funeral Leave.

       (4-13-1999) The purpose of this memorandum is to outline our mutual agreement about
       the application of “Not Available” status for lengthy sick leave and funeral leave
       situations. In addition to the NA situations described in the Contract Implementation
       memo dated July 1, 1994, the following NA situations are agreed to by the CITY of
       Champaign and IAFF Local 1260:

                                          Lengthy Sick Leave

       Not Available status will be extended to personnel for sick leave situations of greater
       than four (4) shifts upon receipt by the department of documentation provided by the
       employee’s physician. If the employee does not provide the necessary documentation
       from a physician that the illness or injury is expected to exceed four shifts, no NA status
       will be granted.

                                             Funeral Leave

       The Not Available status associated with funeral leave will commence upon the
       employee receiving notification of the death of a family member as described in the
       Labor Agreement between the CITY of Champaign and IAFF Local 1260. The NA
       status will remain in effect until the employee’s funeral leave has been exhausted and
       the employee returns to duty.

                                       UNION Business

For the purpose of determining eligibility of personnel to take holdovers while conducting
UNION business, any officer that is engaged in UNION business will be considered not
available during those time periods. UNION business that qualifies for not available status
includes, but is not limited to:

1.   State seminars and conventions
2.   Legislative conferences
3.   AFFI District meetings
4.   Negotiations meetings
5.   Other scheduled state or local UNION business as mutually agreed by the UNION
     President and the Fire Chief.




                                                114
Memorandum of Understanding

                                Shift Scheduling Guidelines
                              November 5, 2003 (Punkay-Cruse)

Shift Scheduling Guidelines

   1. For purposes of uniformity, the finished roster for the next shift day will be the one that
      the captain/acting captain has completed at the time of shift change that reflects all
      changes and corrections.
          a. e.g. A firefighter is placed on the next day’s finished roster in an acting engineer
             position starting at 0700 hours and schedules leave subsequent to the
             completion of the prior shift. This vacancy will be considered an engineer slot
             for holdover purposes.
          b. e.g. A firefighter starts the shift as a firefighter and is scheduled to be upgraded
             to engineer later in the day; the firefighter takes leave prior to the start time of
             scheduled upgrade position; a shift firefighter will be upgraded to engineer
             (Article 22) and a firefighter will be held over for overtime.

   2. When determining the order of personnel off for the purpose of offering holdovers,
      personnel are to be listed in the order the leave chronologically occurs. Leave that
      begins at the same time will be listed in the order the leave was requested.

   3. When an officer is scheduled for leave in the book and subsequently changes the time
      of the leave, the officer retains his/her position in the book and does not move to the
      bottom of the “off-duty” list.

   4. If an officer is offered a continuation of the holdover they are working, he/she is charged
      the total number of hours whether accepted or refused.

          a. e.g. An officer is in a 3 hour holdover and is offered a 3 hour extension. The
             officer refuses the extension. The officer is charged 12 hours (minimum) on the
             holdover list. If the officer works the holdover and the extension, he/she is
             charged 6 hours (time worked) on the holdover list.

          b. e.g. An officer is in a 12 hour holdover and is offered a 3 hour extension and
             refuses the extension. The officer is charged 15 hours on the holdover list.

   5. When an officer is in a bid slot and he/she is on leave and a holdover is created, the
      holdover is offered to the officer’s bid slot rank.

          a. e.g. If an engineer is in a lieutenant bid slot and is on leave that creates a
              holdover, it is a lieutenant holdover.




                                                115
                      Contract Implementation Memo #1
                                  Overtime
                            July 1, 1994 (Corbly)

1. (In contract)
2. (In contract)
3. Officers working overtime other than holdovers shall be responsible for filling out an
   overtime slip and delivering the completed slip to the Captain at Station #1. This
   notification shall be made immediately following the overtime assignment or as soon
   as practical thereafter (i.e., investigations during the early morning hours). If he is
   unable to fill out and deliver the overtime slip, he may contact the Captain by
   telephone at a reasonable hour with the appropriate information for the Captain to
   fill out the overtime slip. Overtime for meetings, training sessions, committee work
   and other group activities, etc. shall be submitted to the Captain on a committee
   and group activity form. This form will be submitted by the person chairing the
   committee or activity. All overtime submitted to the Captain’s office will be recorded
   each day between the hours of 0700 and 1200 (noon). Upon completion of
   recording the data, the Captain will sort the list and print out two copies – one for
   the notebook to be retained in the Captain’s office and one should be forwarded to
   the Shift Steward. The overtime and group activity forms will then be forwarded to
   Sue for inclusion in the payroll.
4. Personnel may be offered overtime while on their Kelly Day.
5. (In contract)
6. An officer must be available to work the entire offered period of the holdover.
7. (In contract)
8. (In contract)
9. (Updated)




                                         116
                              Contract Implementation Memo #2
                                           Overtime
                               July 8, 1994 (Walters-Browning)

1. The contract states that each officer shall start with 0 hours on the overtime list. It is
   agreed, for simplified bookkeeping, that this number will by 100 hours. The minimum
   increment for overtime is 15 minutes if it is immediately following a duty shift. The three
   hour minimum still applies if an officer leaves.




                                                 117
                             Memorandum of Understanding

                               Rescheduling of Kelly Days

The CITY and the UNION agree that when an officer's Kelly Day is rescheduled by
Management, this will not affect the number of KD, vacation and personal leave slots normally
available to suppression. What this means is that if a KD is rescheduled, suppression always
has six (6) KD, vacation and personal leave slots plus the number of rescheduled KD's.
Example: When two (2) members are on scheduled KD, there will be four (4) vacation/personal
leave slots available regardless of the number of KD's that are rescheduled. When three (3)
members are on scheduled KD, there will be three (3) vacation/personal leave slots available
regardless of the number of KD's that are rescheduled..




                                              118
                              Memorandum of Understanding
                    Between the CITY of Champaign and IAFF Local 1260
                                      August 1, 2005


The CITY and the UNION agree to a change in the hold-over availability status for those
officers returning to duty from a long term leave. This agreement does not supersede the April
29, 2002 Memorandum of Understanding concerning consecutive hours worked by an
individual who is not returning from an extended leave.

For the purpose of this agreement long term leave includes, but is not limited to, officers
returning from an extended leave due to duty injury, long term sick leave, military leave, FMLA
leave or discretionary leave.

This agreement applies to an officer returning to work after an extended leave with an overtime
balance of 120 hours less than the median hours of his/her respective rank. Officers meeting
these criteria shall be unavailable for voluntary overtime the 12 hours preceding his/her normal
duty shift if more than 12 hours of overtime is worked the previous day. An officer shall not be
available for a hold-over if any portion extends into the 12 hours preceding his/her normal duty
shift. This provision shall continue to apply until the returning officer's overtime balance is
equal to the median value of his/her rank.

Approved duty shift trades shall not affect the availability status of an officer returning from
extended leave. This agreement shall not apply to emergency call-backs as defined by the
current Collective Bargaining Agreement.



_____________________________                                 __________________________
Patrick Devaney, President                                    David Penicook, Fire Chief
IAFF Local 1260                                               Champaign Fire Department




                                                  119
                              Memorandum of Understanding
                       Between the CITY of Champaign and Local 1260
                                Lottery Drawing for Holidays
                                        April 15, 2006

When a holiday is full in the book and time becomes available for whatever reason, the
Captain/Acting Captain will do a lottery drawing of all members on the shift who are interested in
having the holiday off. If a member is off duty the day of the lottery, one attempt will be made
to reach the member by their number(s) that is/are on the holdover list to determine if the off
duty member would like to be considered for the lottery.

A holiday is defined as one of the recognized days under Article 12, Section 12.1 Holidays. If
you have any questions, please contact me (Roger Cruse) or any e-board member. The only
time a lottery should be held to determine time off is for a recognized holiday. All other time is
first come basis after vacation selections are completed.




                                                 120
                             Memorandum of Understanding
                      Between the CITY of Champaign and Local 1260
                                   Shift Trade Seniority
                                       May 12, 2006

In order to be consistent on all three shifts, when a person is on a shift trade, they assume the
seniority of the person they are working for.

When a member is on a holdover, they carry their seniority with them.




                                                 121
                              MEMORANDUM OF AGREEMENT

       MEMORANDUM OF AGREEMENT entered on                                       , 2007, by the CITY
of Champaign, Illinois (“CITY”) and the International Association of Fire Fighters, Champaign
Local No. 1260 (“UNION”) is as follows:

       WHEREAS the parties have recently concluded negotiations for a successor collective
bargaining agreement; and

       WHEREAS, as part of their negotiations, the CITY and the UNION have discussed the
Health Insurance article, but have agreed not to change the terms of that Article and instead to
document their understanding in this Memorandum of Agreement.

       THEREFORE, the parties agree:

                1)     For at least the past 10 years or so, the CITY has followed a consistent
practice each year when adopting a health insurance plan for employees as follows: Most
recently, a broker hired by the CITY brings plans and prices to be charged to the CITY. These
plans are brought by staff to an employee benefits committee which is formed of representatives
from the CITY's unions, each non-bargaining unit group, CITY administration and other
governmental bodies which the CITY allows to join its plan. The committee reviews the plan,
including the health insurance provider, increases in premium costs and plan design, including
tiers, co-pays, deductibles and other elements of plan design. The committee gives input to CITY
staff, CITY staff recommends a plan to the CITY Council who approves the contracts with the
insurance carrier, with a specific plan design and premium costs.

               2)     For many years, the labor agreements between the CITY and its
employees have provided for the CITY to pay 100% of the monthly health insurance premium
cost for the employee and 50 % of the monthly health insurance premium cost for dependent
coverage.

              3)      For many years, the health insurance plan offered by the CITY to its
employees has been changed each year, including changes in insurance carrier, providers, co-
pays, deductibles and premium costs.

               4)     The UNION acknowledges that this practice has been mutually beneficial
for the CITY and its employees in that the practice has afforded employees some input into plan
design and rates and the changes that have been made that have resulted in mutually acceptable
tradeoffs between plan design changes and savings on increases in premium costs.

                  5)      The CITY acknowledges that the UNION has participated in this process
because it recognizes that the utilization of plan design changes and competitive market forces
are important factors in controlling costs of health care. The UNION has not filed grievances
concerning this practice because it believes it is consistent with the provisions of the Labor
Agreement and has not resulted in changes that in its judgment were significantly great so as to
trigger the filling of grievances.

                6)     The parties agree that the past practice shall continue through the term of
the Labor Agreement commencing July 1, 2007. The UNION reserves the right to file a
grievance under the terms of the Labor Agreement Health Insurance article if, in any year, it
believes that the changes in the health care plan are contrary to its rights under Article 18;
provided however, if the UNION files a grievance, the CITY and the UNION agree that the



                                                122
contract may be reopened for the purpose of negotiating Article 18, and that all issues in Article
18 are on the table including proportionate cost shares for premiums. In the event Article 18 is
reopened, then the parties agree to negotiate for a period of 60 days (or longer if mutually
agreed). If no agreement is reached in such period, either party may invoke interest arbitration
according to the procedures of §14 of the IPLRA and the arbitrator shall be selected according to
the procedures of §285B of the parties contract.


FOR THE ITY OF CHA PAIGN:




FOR THE UNION:
Internat1aI Association of Fire Fighters, Champaign Local No. 1260




                                               123
                              LETTER OF UNDERSTANDING
                                    JUNE ____, 2008
                                  (Clarkson, Devaney)

DEPARTMENTAL RATING

A.   For the promotion rank of Engineer, the current Lieutenants will be divided into eight (8
     groups of three (3); the current Captains will be divided into two (2) groups of three (3);
     the current Deputy Chiefs will be one (1) group of three (3). Each group will have a
     representative from each shift where applicable. It will be understood that the raters
     will begin the process of rating each individual as "5" on a scale of 1-10; or a neutral
     number that correlates with the scale. The rater will then determine if the individual
     should be scored higher or lower than the neutral number in each specific category
     based on an objective evaluation of the employee's work performance. After
     discussion, each rater's individual scores must be within one (1) point of the other
     group members' scores.

     Raters will print and sign each individual's departmental rating. Once all components
     of the exam are complete and a final promotion eligibility list is established, individuals
     may review their departmental rating forms and discuss with the rater the scores that
     were given.

B.   For the promotion rank of Lieutenant, the same in Paragraph A applies.

C.   For the promotion rank of Captain, the same wording in Paragraph A applies with the
     excerption of the Lieutenants' group. The Lieutenants' group will not rate any
     individuals testing for Captain.

D.   The Fire Chief or his designee will provide training on the evaluation process prior to
     the evaluations being conducted.

     ____________________________                     ____________________________
     Steve Clarkson, Interim Fire Chief               Patrick Devaney, President
     CITY of Champaign                                Local 1260

     Date________________________                     Date________________________




                                               124
Memo of Understanding
5-23-08

                                            Asst. Deputy Fire Marshal

The City of Champaign and IAFF Local 1260 agree to establish an Assistant Deputy Fire
Marshal position within the Prevention Division.

Three individuals from the Prevention Division and three individuals from the Union will
form a committee and recommend to the Fire Chief who they believe will be the best
candidate(s).

Individuals interested in the position will submit a resume and cover letter to the Deputy
Chief of Prevention by a specific date set by the Fire Department. Individuals chosen will
work in the Prevention Division twelve (12) to fifteen (15) hours a month at a blended rate
calculated by finance and described below.

      A)         Normal rate X 104 + (11.91 x hrs worked)

      B)         Result of A) divided by the total number of hours worked (firefighter + asst.
                 deputy fire marshal) = the blended rate

      C)         Blended rate X 1.5

      D)         Multiply C) by the hours worked as asst. deputy fire marshal = earnings as asst.
                 deputy fire marshal

The individuals’ overtime hours will be added to the holdover list. Individuals will perform
work within the inspection and investigation area and any other duties related to the
Deputy Fire Marshal position. The Prevention Division will coordinate with the individuals
on the most opportune times to work.

Individuals selected will perform these duties for at least 2 years. At that time, if others are
interested, a new selection process will commence.

The program will be re-evaluated on an annual basis to ensure its’ productivity. The intent
of this program is for individuals to gain experience in the Fire Prevention field. It is not
intended to substitute for a full time Deputy Fire Marshal.


________________________                                               __________________________
Pat Devaney                                                            Steve Clarkson
IAFF Local 1260                                                        Interim Fire Chief
President

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