2008-042ORDINANCE NO. 2008- 42
AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT WITH THE
BUFFALO GROVE
PROFFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Provisions of the
Constitution of the State of Illinois of 1970; and
WHERAS, in accordance with the Illinois Public Labor Relations Act, the Village of Buffalo Grove
entered into good faith collective bargaining and has thus reached an agreement with the Buffalo Grove Professional
Firefighter/Paramedic Association,'Local 3177, IAFF, AFL -CIO, CLC; and
WHEREAS, the resultant Agreement and its Exhibit, attached hereto, constitute the complete and entire
Agreement between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic
Association and concludes collective bargaining between parties for the term May 1, 2008 to and through April 30,
2013.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
Section 1. The President and the Board of Trustees hereby accept the terms of the attached Collective
Bargaining Agreement.
Section 2. The Village Manager is authorized to enter into the Agreement with the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL -CIO, CLC.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES: 5 — Braiman Glover Berman, Trilling, Rubin
NAYES: 0 — None
ABSENT: 1 — Kahn
PASSED: June 16, 2008 APPROVED: June 16, 2008
Village President
ATTEST:
Villa Jerk
F
AN AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
wivol
THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC
ASSOCIATION
LOCAL 3177, IAFF, AFL -CIO, CLC
MAY 1, 2008 THROUGH APRIL 30, 2013
Table of Contents
AGREEMENT..................................................................................... ............................... 4
ARTICLEI .......................................................................................... ............................... 4
Section1.1 Recognition .................................................................... ..............................4
Section 1.2 Fair Representation ....................................................... ............................... 4
Section 1.3 Non - Discrimination ...................................................... ............................... 5
Section1.4 Gender ........................................................................... ............................... 5
ARTICLEII ......................................................................................... ............................... 5
Section 2.1 Use of Bulletin Board ................................................... ............................... 5
ARTICLEIII ........................................................................................ ............................... 5
Section 3.1 Management Rights ...................................................... ............................... 5
Section3.2 Contracting Out ............................................................. ............................... 6
Section3.3 Precedence of Agreement ............................................. ............................... 6
ARTICLEIV ....................................................................................... ............................... 7
Section 4.1 Safety Committee .......................................................... ............................... 7
Section 4.2 Standard Operating Procedures /Guidelines Task Force Committee........... 7
Section4.3 Labor - Management Committee .................................... ............................... 7
Section 4.4 Promulgation of New or Revised Rules ........................ ............................... 8
Section4.5 Wellness /Fitness Program ............................................. ............................... 8
Section 4.6 Return to work after Illness/ Injury .............................. ...............................
10
Section 4.7 Drug and Alcohol Testing Policy ............................... ...............................
11
Section 4.8 Performance Evaluation Plan ...................................... ...............................
14
Section 4.9 Secondary Employment .............................................. ...............................
14
ARTICLEV ....................................................................................... ...............................
15
Section5.1 No Smoking ................................................................ ...............................
l5
Section 5.2 Residency .......................... ............................... ...............
...........................
15
ARTICLE VI .................................................... ............................... ....... ..........
...... ..........
15
Section6.1 Salaries ........................................................................ ...............................
15
Section 6.2 Wage and Benefit Reopener ....................................... ...............................
16
Section6.3 Overtime ....................................................................... .............................17
Section 6.4 Training Overtime ....................................................... ...............................
18
Section6.5 Longevity .................................................................... ...............................
18
Section 6.6 Temporary Assignment to Higher Level Position ...... ...............................
19
Section6.7 Call Backs . .................................................... . ... . .............................. . .......... 19
Section6.8 Health Benefits ............................................................ ............................... 19
Section 6.9 Year 2008 through 2012 for Health and Dental Benefits .......................... 21
Section6.10 Special Duty Pay ....................................................... ............................... 21
Section 6.11 Attendance at Grievance Meetings ........................... ............................... 21
ARTICLEVII .................................................................................... ............................... 21
Section7.1 Holidays ...................................................................... ............................... 21
Section7.2 Kelly Days .................................................................. ............................... 21
Section7.3 Sick Leave ................................................................... ............................... 22
Section7.4 When Taken ................................................................ ............................... 23
Section7.5 Accrual ............................. ....................................... ............................... 23
Section7.6 Accrued Sick Leave .................................................... ............................... 23
Section 7.7 Medical Certificate ...................................................... ............................... 25
Section7.8 Light Duty ..................... .......................................... ............................... 26
Section7.9 Vacation ....................................... ............................... .......................... 26
Section 7.10 Hours and Duration ................................................... ............................... 27
ARTICLEVIII ..................................... ............................... ........... ............................... 27
Section 8.1 Grievance - Definition .................................................. ............................... 27
Section8.2 Procedure ................................................................... ............................... 28
Section8.3 Arbitration ................................................................... ............................... 30
Section 8.4 Limitations On Authority of Arbitrator ...................... ............................... 31
Section 8.5 Time Limit For Filing ................................................. ............................... 31
Section8.6 Miscellaneous ...................... ............................... .... ............................... 32
ARTICLEIX ..................................................................................... ............................... 32
Section9.1 No Strike ..................................................................... ............................... 32
Section9.2 No Lockout ................................................................. ............................... 32
ARTICLEX ....................................................................................... ............................... 32
Section 10.1Discipline and Discharge Investigations .................... ............................... 33
ARTICLEXI ..................................................................................... ............................... 37
Section11.1 Dues Checkoff .......................................................... ............................... 37
Section11.2 Fair Share .................................................................. ............................... 37
ARTICLEXII .................................................................................... ............................... 38
Section 12.1 Definition of Seniority .............................................. ............................... 38
Section 12.2 Probationary Period .................................................. ............................... 38
2
Section12.3 Seniority List ............................................................. ............................... 39
Section12.4 Layoff ........................................................................ ............................... 39
Section12.5 Recall ........................................................................ ............................... 39
Section 12.6 Termination of Seniority ........................................... ............................... 40
Section12.7 Effects of Layoff ....................................................... ............................... 40
Section 12.8 Interruption of Seniority ........................................... ............................... 41
Section 12.9 Promotions ................................................................. ............................... 41
ARTICLEXIII ................................................................................... ............................... 43
Section13.1 Entire Agreement ...................................................... ............................... 43
ARTICLEXIV ................................................................................... ............................... 44
Section14.1 Savings Clause .......................................................... ............................... 44
ARTICLEXV .................................................................................... ............................... 44
Section15.1 Duration of Agreement ............................................. ............................... 44
APPENDIXA ...................................................................................... ............................... 1
Secondary Employment Policy / Disclosure .......................................... ............................... 1
APPENDIX C — Comparable Communities ........................................ ............................... 1
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AGREEMENT
This Agreement is made and entered into by and between the Village of Buffalo Grove,
Illinois (hereinafter referred to as the "Village "), and the Buffalo Grove Professional
Firefighter/Paramedic Association, Local 3177, of the International Association of Fire Fighters,
AFL -CIO, CLC, (hereinafter referred to as the "Union ").
It is the intent and purpose of this Agreement to set forth the parties' entire Agreement
with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of
employment that will be in effect during the term of this Agreement for employees covered by
this Agreement; to prevent interruptions of work and interference with the operations of the
Village; to encourage and improve efficiency and productivity; and to provide procedures for the
prompt and peaceful adjustment of grievances, as provided herein.
Now, therefore, the parties agree as follows:
ARTICLE I
Section 1.1 Recognition.
The Village recognizes the Union as the sole and exclusive bargaining representative for
all full time Firefighter /Paramedics and Lieutenants employed by the Village of Buffalo in the
classifications or ranks of Firefighter /Paramedics and Lieutenants, but excluding Deputy Fire
Chiefs, Battalion Chiefs, managerial, all part time or temporary employees, all civilian
employees, and all other employees of the Department and the Village.
Section 1.2 Fair Representation,
The Union recognizes its responsibility as bargaining agent, and agrees fairly to represent
all employees in the bargaining unit, whether or not they are members of the Union. The Union
further agrees to indemnify and hold harmless the Village and its officials, representatives and
agents from any and all claims, demands, suits or other forms of liability, (monetary or
otherwise). In addition, the Union shall be responsible for paying all legal costs resulting from
any failure on the part of the Union to fulfill its duty of fair representation, although
indemnification shall not be extended due to errors that are solely the fault of the Village.
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Section 1.3 Non - Discrimination.
In accordance with applicable law, neither the Village nor the Union shall discriminate
'against any employee covered by this Agreement because of race, sex, age, religion, creed, color,
national origin, sexual orientation, Union membership or non - membership or political affiliation.
Any formal dispute concerning the interpretation and application of this paragraph shall be
processed through the appropriate federal or state agency or court rather than through the
grievance procedure set forth in this Agreement.
Section 1.4 Gender.
In this Agreement the words "he ", "his ", and "him ", shall connote both masculine and
feminine genders.
ARTICLE II
Section 2.1 Use of Bulletin Board.
The Village will allow the Union to place a bulletin board in the bunk rooms of each fire
station for the posting of official Union notices of a non - partisan, non - derogatory nature. The
Union will limit the posting of Union notices to such bulletin boards.
ARTICLE III
Section 3.1 Management Rights.
Except as specifically limited by the express provisions of this Agreement, the Village
retains all traditional rights to manage and direct the affairs of the Village in all of its various
aspects, and to manage and direct its employees to make and implement decisions with respect to
the operation and the management of its operations, in all respects, including all rights and
authority possessed or exercised by the Village prior to the execution of this Agreement. These
rights and authority include, but are not limited to, the following: to plan, direct, control and
determine all the operations and services of the Village; to determine the Village's budget and
budgetary priorities; to levy taxes; to supervise and direct the working forces; to establish the
qualifications for employment, and to employ personnel; to schedule and assign work; to
establish work and productivity standards and, from time to time, to change these standards; to
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assign overtime; to determine the methods, means, organization and number of personnel by
which operations are conducted; to determine whether the services to be provided by employees
covered by this Agreement, or by other employees, or non - employees not covered by this
Agreement; to determine whether services may be contracted or sub - contracted out; to make, alter
and enforce reasonable rules, regulations, orders and policies (provided that only rules,
regulations, orders and policies that are mandatory subjects of bargaining shall be subject to the
grievance and arbitration procedure); to enforce and alter those provisions covered under the
Village of Buffalo Grove Personnel Rules, to enforce and alter those provisions covered under the
Village of Buffalo Grove Personnel Rules, to enforce and alter the Buffalo Grove Fire
Department Standard Operating Procedures Manual and Fire Department Rules and Regulations;
to evaluate employees; to discipline, suspend, and discharge employees for just cause in
accordance with the Fire Department rules and policies, the Board of Fire and Police Commission
rules and regulations, and the Illinois Board of Fire and Police Commissioners Act; to change or
eliminate existing methods, equipment or facilities; and to carry out the mission of the Village;
provided, however, that the exercise of any of the above rights shall not conflict with any of the
expressed, written provisions of this Agreement.
Section 3.2 Contracting Out
No employee shall be laid off as a result of any decision by the Village to subcontract any
work performed by employees covered by this Agreement. If subcontracting is a factor in the
decision not to hire additional Village employees as firefighter /paramedics, the Village will give
the Union at least ninety (90) days advance notice of the effective date of the decision. The
Village will discuss the issue with the Union.
Additionally, current staffing levels of employees covered by this Agreement will not be
subject to subcontracting decisions by the Village. Only additional staffing needs above the
current staffing levels may be considered by the Village and Department from time to time will
be subject to subcontracting.
Section 3.3 Precedence of Agreement.
If there is a conflict between a specific provision of this Agreement and a specific
provision of a Village ordinance or a written rule, regulation, directive, policy, or procedure
which may be in effect from time to time, the specific provision(s) of this Agreement for its
duration, shall take precedence.
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ARTICLE IV
Section 4.1 Safety Committee.
The Village and the Union recognize the importance of maintaining a Fire Department
Safety Committee to address safety issues within the department and to promote the safety,
welfare and physical well being of all Fire Department personnel.
The Safety Committee shall be comprised of five (5) members, at least three (3) of which
will be Firefighter /Paramedics, one (1) Lieutenant, and one (1) Battalion Chief (Safety Officer).
The Fire Department Safety Officer shall serve as Chairman. At least one member shall be
appointed by the Union.
Section 4.2 Standard Operating Procedures /Guidelines Task Force
Committee.
Effective with this Agreement, The Fire Chief may establish an SOP Task Force. The
purpose of this Task Force will be to complete the review of the current SOP manual and divide it
into "Standard Operating Procedures" (SOP's) and "Standard Operating Guidelines" (SOG's).
The SOP Task Force also has the responsibility to make any recommendations to the Fire
Chief for changes in the SOP or SOG manuals as necessary but is only in the form of
recommendations and may or may not be accepted by the Fire Chief. Once this is complete, the
task force will remain idle until such time the Fire Chief deems it necessary to activate them for
the purpose of a particular SOP review. At no time will the SOP Task Force be charged with the
review or consideration of SOP's that involve mandatory subjects of bargaining. Those items
will be addressed, through the Labor Management Committee as established in Section 4.3 of this
Agreement, or through the normal negotiation process at the end of this or any Agreement.
Section 4.3 Labor - Management Committee.
The Village and Union recognize the need to communicate on a regular basis throughout
the term of this Agreement. In order to facilitate an open and candid exchange of information, a
Labor - Management Committee will be the forum for these communications. The purpose of the
Committee is to establish a regular pattern of meetings to discuss issues of mutual concern.
The Labor - Management Committee may be comprised of the following:
For the Village -- Fire Chief, Deputy Chiefs, Battalion Chiefs, Village Manager, Director
of Human Resources, and Deputy Fire Marshal.
For the Union -- Union President, Vice - President, Secretary, three (3) Shift Stewards and
Lieutenant representative.
The Committee shall meet at least four (4) times in a calendar year unless the parties
mutually agree to meet more or less. If any Labor- Management Committee meeting is scheduled
during work hours of an employee, such employee(s) shall be released from duty to attend such
meeting without loss of pay.
The Labor- Management Committee process shall be expanded to include a
yearly "town hall" meeting, the purpose of which will be to discuss issues affecting members of
the bargaining unit with members of Village and Department senior staff. This meeting is to be
facilitated by the Village Manager and Director of Human Resources.
Section 4.4 Promulgation of New or Revised Rules.
The Fire Department agrees to notify the Union in advance of promulgating or
implementing any new or revised rules and regulations or Board of Police and Fire
Commissioners rules and regulations which constitute mandatory subjects of bargaining within
the meaning of the Illinois Public Relations Act. Such notice shall be afforded sufficiently in
advance of the purpose and effective date of the proposed change to allow the Union a fair
opportunity to review and offer effective input as to the proposed change.
Section 4.5 Wellness /Fitness Program.
The Village and Union agree that both parties will support a proactive mandatory
wellness /physical fitness program. Both parties agree that the program is to improve the quality
of life of all personnel. The Union agrees that it must work to ensure that each member has the
opportunity to attain and maintain a healthy body and mind so each member can perform their
work duties. This program is based not only on physical fitness and wellness, but is a supplement
to competency within firefighting drill standards and the ability for firefighters to carry out their
duties.
The wellness /fitness program shall be a positive program and not punitive in any way, no
employee will be disciplined for failure to meet each and every goal that may be established as
8
long as the employee makes a good faith effort to meet any such goals, and any failure to
physically perform does not demonstrate a substantial risk exists that the employee cannot
perform the essential duties of his /her job at an acceptable level.
Both parties agree to use the IAFF /IAFC Fire Service Joint Labor Management Wellness -
Fitness Initiative, Second Edition in its entirety, with the exception of the yearly physicals and
reserve the right to review and adopt, subject to mutual agreement, new versions as published in
part or in total. The current department's physical schedule will be used. The program will be
administered by the physical fitness committee. The Wellness- Fitness Initiative will be fully
implemented within eighteen months of the contract ratification and will be mutually agreed upon
by the Village and the Union. Employees who are not able to meet the standards within the
Wellness- Fitness Initiative will be counseled and will seek the assistance from a physical fitness
committee peer fitness trainer who will provide specific guidelines for rehabilitation and remedial
support for meeting those standards.
An employee's participation in the mandatory wellness /physical fitness program shall
occur during the employee's tour of duty. A daily workout log shall be maintained by each
employee that covers the employee's workout related to the circuit training protocol as well as
other physical fitness performed and the ability to perform the circuit training protocol. This log
will be turned in monthly and a yearly summary will be turned in to their officer to be used as
documentation for evaluation purposes on an annual basis as well as to assist the employee with
goal setting and compliance with the Wellness- Fitness Initiative. All personnel shall participate
in a mandatory, annual, non - punitive fitness assessment, as a part of this data gathering process,
to assess their individual fitness capacity.
Employees may choose to participate in the physical fitness program up to two hours
before or two hours after their shift and will be covered by workman's compensation.
Section 4.6 Return to Work After IlIness /Injury.
All employees returning to work after injury or illness situations, whether they are duty
or non -duty related, may be required to have a release from the employee's physician. The
Village will provide information on fitness standards to the employee, who will then provide this
information and documentation to the employee's physician or physical therapist to aid in any
injury recovery efforts. The department may require the employee to obtain a release from a
physician selected and fully compensated by the Village prior to returning to work. The
physician will review the employee's overall health as it relates to the job description, duties and
any other job related criteria which are considered to be the essential functions of the job in order
to determine whether an individual is physically and mentally able to perform essential job duties
without undue risk or harm to themselves or others. The physician may use the data collected
from the individual's fitness histoiy as a measure in making this determination. In addition, and
based on a case -by -case status, employees may be required to perform some basic job related drill
functions specifically related to the injury prior to returning to full duty.
If the employee is not cleared to return to work by the Village's physician, a third
physician will be selected by the Village's and employee's physician(s) in an expeditious manner
with the assistance of the Village's Human Resource Director. The employee will then be sent to
the third physician. The third physician will then determine if the employee is cleared to return to
work. The cost of the third physician will be equally divided by the Village and the employee.
An employee not cleared to return to work may apply for sick leave or any other leave of absence
as provided by this Agreement and /or for disability pension to the extent provided by State
statutes.
Employees who are off work for a non -OJI and are required to see the Village's
physician prior to returning to work will be compensated at the rate of two (2) hours of straight
pay in lieu of two (2) hours of sick pay. Under no circumstances shall overtime, premium, or
additional straight pay be paid in this situation. A standard form identifying time spent at a
doctor's appointment will be provided to the employee and will require verification by the
doctor's office.
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Employees who are perceived to be physically unfit for duty shall be evaluated by an
appropriate medical professional(s) of the Village's choosing. If a medical professional
determines an employee is physically unfit, the Village retains the right to remove them from
active duty. In the event that a medical professional of the Village's choosing determines that an
employee is physically unfit for duty, the employee may request a second opinion. The second
opinion will be paid for by the employee and chosen by the employee and must be a recognized
specialist in the field related to the unfit determination and must be part of the Village's physician
health insurance network. If the first and second opinion conflict a third doctor may be selected
as in the standard above for injuries or illness and the opinion of the third physician shall prevail.
The Village retains the right to remove from active duty any employee who has been determined
to be unfit for duty by a medical doctor via a fitness for duty evaluation. Following all
procedures contained in the Standard Operating Procedures of the department.
Section 4.7 Drug and Alcohol Testing Policy.
Employees are a most valued part of the Village of Buffalo Grove Fire Department (the
"employer"). Their health and safety are serious employer concerns. Drug use and alcohol .
misuse may pose a serious threat to employee health and safety. It is, therefore, the policy of the
employer to prevent substance use or abuse from having an adverse effect on our employees.
Both the employer and employees maintain that the work environment is safer and more
productive without the presence of illicit or inappropriate drugs or alcohol (herein referred to as
"prohibited substances ") in the body or on fire department property.
Furthermore, all employees have a right to work in a drug -free environment and to work
with individuals free from the effects of prohibited substances. Employees who use or abuse
prohibited substances are a danger to themselves, their co- workers, our customers, the public and
the employer's assets.
The adverse impact of substance abuse at work has been recognized by the federal
government and many states. The employer may utilize the regulations issued by the federal
government as its standard and is committed to maintaining a drug -free workplace. Where
applicable, state laws which differ will supersede this general policy and will be followed for
employees in this state. All employees are advised that remaining drug -free are conditions of
continued employment or service with the employer.
Specifically, it is the policy of the employer that the use, sale, purchase, transfer,
possession or presence in one's system of any prohibited substance (except medications
prescribed by a licensed physician), including alcohol (unless otherwise permitted by Fire
Department rules), by any employee while on fire department premises, while engaged in fire
department business, while operating fire department equipment and vehicles (including leased
vehicles) is strictly prohibited. The employer will notify and cooperate with law enforcement
agencies in the investigation of any employee suspected of possession of or trafficking in illicit or
inappropriate drugs.
All employees will be subject to testing where circumstances establish that reasonable
suspicion of prohibited substance use exists, or following on-the-job moving vehicle accidents
resulting in a death(s), or injuries that require medical treatment away from the scene of the
accident, or following an on duty injury where the incident may be reported to any state or federal
governmental body, (i.e., IDOL, OSHA, etc., not OSFM), or as a follow up to prior prohibited
conduct. Employees returning to duty following a violation of this policy will be subject to
testing and must submit to follow -up tests for as long as five (5) years.
Any employee who tests positive will be subject to discipline. Any employee who
refuses to comply with a proper request to submit to testing or who fails to cooperate in the test
process will be subject to the same discipline as a positive druglalcohol test result. These
procedures are designed not only to detect violations of this policy but also to ensure fairness to
each employee. Every effort will be made to maintain the dignity of employees involved.
Disciplinary action will, however, be taken as necessary.
Neither this policy nor any of its terms are intended to create a contract of employment,
or to alter the existing employment or contractual relationship in any way.
Program Summary:
A. Employer Contact. All questions or concerns should be directed to the Fire Chief at
(847) 537 -0995 or your immediate supervisor.
B. When Compliance is Required. All those subject to this policy are expected to refrain
from prohibited conduct prior to performing assigned tasks, while performing such tasks
and in post accident cases for eight hours after the accident or until tested.
C. Prohibited Conduct. The following conduct is prohibited:
1. controlled substance use at any time;
2. having a breath test result that equals or exceeds .04;
3. consuming alcohol within four (4) hours prior to reporting for a duty;
12
4. using alcohol on the job;
5. using alcohol within the eight (8) hours following an accident or until tested;
d. behavior or ability to perform due to the use of prohibited substances;
7. refusing to test;
8. failure to cooperate in the testing process;
9. possession of alcohol on Employer premises, except in personal vehicles
D. Test Events. Employees may be tested based on four (4) circumstances:
1. Where circumstances establish that reasonable suspicion of prohibited use exists;
or
2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries
that require medical treatment away from the scene of the vehicle accident, or;
3. Following an on duty injury where the incident may be reported to any state or
federal governmental body (i.e. IDOL, OSHA, etc., not OSFNI), or:
4. As a follow -up to prohibited conduct.
E. Test Procedures. Test procedures for controlled substance testing and alcohol testing can
be found in APPENDIX "A ".
F. Condition of Employment. Submitting to testing as required by this policy is a condition
of employment and continued employment with the Employer.
G. Refusal. Any Employee who refuses to submit to a request to test will be subject to
discipline. Refusal includes failure to timely report to a designated testing site (collection
site) and the failure to execute all required test documents.
H. Consequences of Violation. Any Employee who is found to have violated this policy will
be subject to the disciplinary procedure as described in the discipline /appeal of test
results section of this policy.
I. Seeking Assistance for a Prohibited Substance. Any employee who is presently
experiencing difficulty with prohibited substances is encouraged to seek assistance
through the Employee Assistance Program (EAP). If such assistance is sought prior to
being requested to submit to a test, no disciplinary action relating to alcoholism or drug
addiction will be taken.
The Administration Guide to Drug/Alcohol Testing Procedures is attached as Appendix A to this
Agreement.
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Section 4.8 Performance Evaluation Plan.
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance.
For the purpose of annual evaluations, personnel will be required to provide an annual
milestone /recap statement of their individual performance forty -five (45) days prior to their
employment anniversary date.
All employee evaluations will be aligned with the employee's hiring anniversary date, or
date or promotion and be conducted on those dates for the duration of this Agreement.
The employee shall receive a final copy evaluation no more than forty-five (45) days
after their anniversary date.
If an employee has a disagreement with his /her evaluation, the first step of review will be
at the level of the employee's immediate supervisor. If the immediate supervisor cannot resolve
the disagreement, the next step will be to have the employee's Battalion Chief review the
evaluation. If at the step the employee's disagreement is not resolved the employee may then
appeal to the Fire Chief in conjunction with the Director of Human Resources. If the employee's
disagreement is not resolved at this level, the employee may then meet with the Village Manager
as a final step of appeal. The findings of the Village Manager will be deemed the final resolution
and his findings may not be grieved. All final resolutions, no matter at what level will be in
writing.
For the first and second step of this process the time frame allotment will be fifteen (15)
days for the appropriate level or response. For the remaining steps the time frame will be twenty
(20) days for the appropriate response. Days are counted as business days, Monday — Friday.
All goals and objectives given by a supervisor will be realistic, attainable and discussed
with the employee. Goals that are mandated by the department will be supported or funded by
the department.
The Union agrees that its membership is committed to excellence in carrying out the
duties and mission of the fire department and the Union executive board agrees it has a duty to
address substandard performance among it's members.
Section 4.9 Secondary Employment.
Personnel will fill out annually the secondary employment disclosure statement as
contained in the Buffalo Grove Fire Department Secondary Employment Policy /Disclosure
statement contained in Appendix B of this Agreement.
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ARTICLE V
Section 5.1. No Smoking.
Employees covered under this Agreement shall restrict their smoking to the designated
smoking areas, in accordance with state law.
Section 5.2 Residency.
There will be no residency requirements for employees covered under this Agreement.
ARTICLE VI
Section 6.1 Salaries.
WAGES — Effective: May 1, 2008
A. Firefighter/Paramedic:
1. The minimum and entrance salary at Step 395 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or $54,173.60;
and,
2. The maximum salary, exclusive of overtime pay shall be at Step 473 or
$79,934.40.
B. Fire Lieutenant/Paramedic:
1. The minimum and entrance salary at Step 428 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or $63,864.32;
and,
2. The maximum salary exclusive of overtime pay shall be at Step 506 or
$94,236.48.
C. Fire Lieutenant/Non- Paramedic:
1. The minimum and entrance salary at Step 424 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or $62,603.84;
and,
2. The maximum salary exclusive of overtime pay shall be at Step 502 or
$92,374.88.
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Step Plan Illustration
Firefighter /Paramedic Effective: MU 1 2008
Starting pay: $54,173.60 (Step 395)
Pay after first compete year of employment: $58,381.44 (Step 410)
Pay after second complete year of employment: $62,915.84 (Step 425)
Pay after third compete year of employment: $68,142.88 (Step 44 1)
Pay after fourth complete year of employment: $73,804.64 (Step 457)
Pay after five or more complete years of employment: $79,934.40 (Step 473)
Fire Lieutenant/Paramedic — Effective: May 1 2008
Starting pay (newly promoted): $84,023.68 (Step 483)
Pay after first complete year of employment: $89,204.96 (Step 495)
Pay after two or more complete years of employment: $94,236.48 (Step 506)
Fire Lieutenant/Non- Paramedic — Effective: May 1 2008
Starting pay (newly promoted): $82,363.84 (Step 479)
Pay after first complete year of employment: $87,443.20 (Step 491)
Pay after two or more complete years of employment: $92,374.88 (Step 502)
Fire Lieutenants included within this pay range are those employees covered under this
Agreement that maintain the following: paramedic or EMT -B certification(s) as of May 17,
2000. Subsequent to that date, employees promoted to this position shall maintain paramedic
certification during any probationary period. Current Paramedic Lieutenants wishing to decertify
shall decertify to a CPR/Basic First Aid status (Non- Paramedic).
Section 6.2 Wage and Benefit Reopener
Unless explicitly provided elsewhere in this Agreement, no other changes modifications
shall be made to this Agreement except that each party has the option to reopen the Agreement as
follows:
A. In the month of March of the second year of this Agreement (2009), either party may
reopen Article VI, Section 6.1 — Salaries and each party may discuss one additional issue
16
to negotiate. Article VI, Section 6.8 Health Benefits, may not be reopened in 2009,
unless both parties mutually agree to do so.
B. In the month of March of the third year of this Agreement (2010) either party may
reopen Article VI, Section 6.1 — Salaries and Section 6.8 — Health Benefits and each party
may discuss one additional issue to negotiate.
C. In the month of March of the fourth year of this Agreement (2011), either party may
reopen Article VI, Section 6.1 — Salaries and each party may discuss two additional issue
to negotiate. Article VI, Section 6.8 Health Benefits, may not be reopened in 2011,
unless both parties mutually agree to do so.
D. In the month of March of the fifth and final year of this Agreement (2012) either party
may reopen Article VI, Section 6.1— Salaries and Section 6.8 — Health Benefits and each
party may discuss one additional issue to negotiate.
E. The parties agree that nothing herein prohibits the opening of negotiations in 2013 for a
successor Agreement prior to the expiration of this Agreement on April 30, 2013
Section 6.3 Overtime.
A. Overtime hours shall be non - scheduled hours worked in excess of the work week when
worked at the specific direction or with the approval of the immediate supervisor and
shall be paid at one and one -half times the employee's regular straight time hourly rate of
pay. An employee's regular straight time hourly rate of pay for overtime pay purposes
shall be computed as follows: Effective May 1, 1994 the employee's annual salary shall
be divided by 110.6 to determine the rate of pay for one twenty -four (24) hour shift
which in turn, shall be divided by twenty-four (24) to determine the employee's regular
straight time hourly rate of pay.
B. Overtime shall start seven (7) minutes past the normal shift when an employee is held
over because of a call or when another employee reports late for work. In cases when an
employee is held over because of a call after 0822 hours, employees will be paid one
hour minimum overtime for the first hour. In all other instances, overtime will be paid in
quarter hour increments based on the seven (7) minute windows. Example: 0x08 hours
until 0x22 hours = .25 overtime 0x23 hours until 0x37 hours = .50 hours overtime 008
hours until 0x52 hours = .75 hours overtime 0x53 hours until 0x07 hours = 1 hour
overtime.
C. Forcebacks for Thanksgiving and Christmas Day shall be paid at two times the
employee's regular straight -time hourly rate of pay.
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D. Employees shall be paid one and one -half the employee's regular straight time hourly
rate of pay for regularly scheduled hours of work which are actually worked in excess of
two hundred twelve (212) hours in the employee's normal 28 day work cycle (or in
excess of the applicable hours ceiling under the Fair Labor Standards Act should the
Village designate different FLSA employee work cycles in accordance with the Fair
Labor Standards Act.)
E. Overtime shall be paid for mandatory in- station training and for paramedic recertification
tests through and ending with the first recertification test only if the employee was unable
to attend on a regularly scheduled duty day, due to a SDO, Sick Day, Bereavement Day,
or Department scheduled training.
F. Overtime shall also be paid for clinical time required to maintain EMT -P and EMT -B
status.
Section 6.4 Training Overtime.
Employees shall be paid at the employee's regular straight time hourly rate of pay for
attending department sponsored school training. For purposes of identifying and defining the
nature of training, attendance at which will be paid at straight time hourly rates of pay to those
who attend, the Labor /Management Committee will establish and distribute the appropriate
parameters and guidance. Savings from this provision will be applied to the training overtime
account for additional training opportunities.
Section 6.5 Longevity.
Employees shall be eligible for longevity pay beginning with the fifth anniversary of their
original employment date. Longevity awards will be presented on the employee's anniversary
date according to the following schedule and are subject to deductions:
Years of Service Award
5 through 9
$400
10 through 14
$600
15 through 19
$800
20 or more
$1,000
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Section 6.6 Temporary Assignment to Higher Level Position.
When an employee, at the direction of the Village, is assigned to perform the duties of the
position of Acting Lieutenant or Acting Shift Commander that employee will be compensated at a
rate equal to the pay scale of the top pay of their current rank plus 5 %.
In situations where Firefighter /Paramedics are assigned to fill in for a Lieutenant who is
performing other duties in the Village, they will be paid Acting Lieutenant pay after a minimum
of three (3) consecutive hours worked in the capacity of Acting Lieutenant in any twenty -four
(24) hour period. This Section shall not apply to callbacks or Special Duty assignments.
Section 6.7 Call Backs.
All General call backs shall be paid at time and one half and for a minimum of one (1)
hour.
Section 6.8 Health Benefits.
The Village shall grant employees covered by this Agreement, except as specifically and
expressly limited by this Agreement, all benefits and provisions including but not limited to the
following: life, health and dental insurance, vacation leave, special leave and uniform provisions
as granted under the Buffalo Grove Personnel Rules as set forth on June 1, 1984; and changed
thereafter.
BENEFITS:
Employees covered under the Agreement shall receive the same health and dental benefits
granted to the Village's non -union employees, including, but not limited to plan design and
premium contribution.
1. All employees who elect Health Insurance coverage will pay a premium
contribution equal to ten percent (10 %) of the premium for that class of coverage.
2. There will not be any financial contribution for participation in the dental
component of the health insurance program.
3. The Village may make reasonable changes to the structure of the plans without
the approval of the bargaining unit. Including, but not limited to the replacement
of the HMO with an EPO or PPO.
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All employee premium contributions will automatically be taken out of an employee's check on a
pre -tax basis via Section 125 of the Internal Revenue Code. This means that employees will not
pay taxes on the premium contributions.
Nothing set forth herein shall prohibit the right of the Village to obtain other
hospitalization and major medical benefits or change such benefits under a different program or
with a different insurance company (including self - insurance), provided the basic level of
coverage and benefits are substantially similar. The Village will notify the employees, in writing,
of any changes -in the basic level of coverage and /or benefits.
The Village reserves the right to institute cost containment measures regarding insurance
coverage. Such changes may include, but are not limited to mandatory second opinions for
elective surgery, pre - admission and continued admission review, prohibition of week end
admissions except in emergency situations, and mandatory outpatient elective surgery for certain
designated surgical procedures.
Dental Insurance. Employees may elect to participate in any dental insurance program
for themselves and their dependents which the Village of Buffalo Grove has provided to Village
employees generally. The Village shall be responsible for one hundred percent (100 %) of the
costs of such dental insurance for both employee and dependent coverage.
Terms of Policies to Govern. The extent of coverage under the insurance policies
referred to in this Article shall be governed by the terms and conditions set forth in said policies.
Any questions concerning coverage shall be resolved in accordance with the terms and conditions
in said policy and shall not be subject to the grievance procedure set forth in this Agreement.
The January 1, 2008 to December 31, 2008 monthly health insurance premiums
and contributions are as follows:
Unified PPO Plan (100% In- Network Benefit / 50% Out-Of-Network Benefit
Total Premium Em to ee Contribution --10% of Total Premium
Single $395.00 $39.50 per month ($18.23 per pay period)
Single + 1 $740.00 $74.00 per month ($34.15 per pay period)
Family $1,250.00 $125.00 per month ($57.69 per pay period)
Dental Plan - No Employee Contribution
Total Premium
Single $34.47
Single + 1 $60.31
Family $103.41
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Group Term Life Insurance - No Employee Contribution
1X Employees Annual Salary
Section 6.9 Year 2008 through 2012 for Health and Dental Benefits.
The parties agree to meet according to Article VI, Section 6.2 — Wage and Benefit
Reopener to discuss and establish the employee's share of the premium for employee and
dependent health care and dental coverage. Any impasse in negotiations on these issues shall be
subject to Interest Arbitration under Section 14 of the Illinois Public Labor Relations Act.
Section 6.10 Special Duty Pay.
An off duty employee who works special duty — defined as a duty in which the Village is
reimbursed will be compensated at one and on half the rate of pay for hours based on a forty (40)
hour work week.
Section 6.11 Attendance at Grievance Meetings.
Every effort shall be made to hold grievance meetings and /or arbitration hearings on
shift. However, if any grievance meeting or arbitration hearings are required to be scheduled
during the working hours of any grievant, only the grievant shall be released from duty to attend
such meetings or arbitration hearings, without loss of pay.
ARTICLE VII
Section 7.1 Holidays.
Employees shall receive three (3) floating holidays per calendar year, said days to be
scheduled with the specific prior approval of the Fire Chief or his designee.
Section 7.2 Kelly Days.
Employees shall receive eleven (11) shift days off per calendar year. Eight hours of one
Kelly Day is granted in lieu of holiday time off. These work reduction days, or Kelly Days, will
be assigned to employees by the Fire Chief in order to facilitate the provisions of the Fair Labor
Standards Act.
21
Reduction of Kelly Days may occur as a result of sick leave, injury leave or any other
long time leave. After each eleven (11) duty day period, one (1) Kelly Day will be reduced from
the employee's accrual. For the purpose of calculating the reduction, the use of employees'
personal time off during the duration of the leave will not be counted as part of the Kelly Day
reduction process.
Kelly Day accrual for employees during their first year of employment will be prorated
based on actual full months worked during that calendar year based on the eleven (11) day
calculation.
Section 7.3 Sick Leave.
Abuse of sick leave is a serious matter. The Union shall join the Village in making a
serious effort to monitor and correct the abuse of sick leave wherever and whenever it may occur.
Examples of abuse may include, but are not limited to; calling in sick prior to or immediately
after a scheduled day off (SDO), use of sick time for reasons other than for its intent, excessive
individual sick days in the course of a year, etc.
Effective May 1, 1987 employees covered by this Agreement shall be allowed sick leave
on the basis of the following:
a. Employees assigned to shift duty shall earn five (5) twenty four (24) hour shifts
of sick leave with pay credit annually. This is equivalent to eighty (80) hours
annually.
b. Employees assigned to shift duty shall accrue sick leave according to the
following schedule:
after two (2) months of service one (1) shift
after four (4) months of service two (2) shifts
after six (6) months of service three (3) shifts
after nine (9) months of service four (4) shifts
after twelve (12) months of service five (5) shifts
C. Employees may use overtime to purchase sick time hours in lieu of pay or
compensatory time compensation. Sick time hours purchased will be at the time
and one half rate identical to the accrual of compensatory time, (e.g. working
four (4) hours of overtime has a value of six (6) hours of sick time purchased).
Time purchased cannot exceed the maximum allowable accrued hours contained
within the provisions of this document.
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d. Sick leave shall be credited in advance to the employee at the beginning of each
calendar year, effective with the second calendar year of employment.
e. Sick leave shall not be accrued while on leave of absence without pay.
Section 7.4 When Taken.
Sick leave with pay will be granted for absence from duty because of actual personal
illness, non - compensable bodily injury or disease, exposure to contagious disease, to care for an
ill or injured member of the employee's immediate family, or to keep a doctor's or dentist's
appointment. Sick leave shall not be granted in cases where regular or disability retirement has
been approved, or for absence due to injuries resulting from employment in a position other than
that held in the municipal service. Employees injured in the course of other employment shall be
eligible for leave of absence without pay.
For the purposes of this Agreement, immediate family members shall include, husband,
wife, son, son -in -law, daughter, daughter -in -law, foster child, mother, mother -in -law, step
mother, father, father -in -law, step father, brother, brother -in -law, sister, sister -in -law, step
children and grandparents of the employee or his/her spouse.
When an employee finds it necessary to be absent for any of the reasons specified herein,
he shall report the facts to his supervisor. An employee is required to give such notification one
(1) hour in advance of his scheduled starting time. An employee is responsible for making a daily
report (based on duty day) thereafter for the duration of the illness or injury. A medical
certificate may be required by the department head for any absence.
Failure to comply with the provisions of this Section shall result in denial of sick leave.
Three (3) consecutive days of absence without notice shall result in dismissal.
Section 7.5 Accrual.
Employees assigned to shift duty may accumulate sick leave credit to a maximum of one
hundred thirty (130) twenty four (24) hour shifts. This is equivalent to two thousand eighty
(2,080) hours.
Section 7.6 Accrued Sick heave.
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Retiring employees are eligible to establish an employer sponsored Retiree Health
Savings (RHS) Plan. Employees will be eligible to apply their accrued sick leave based on the
following table:
Years of Service and Age at Retirement Percent of two- thousand eighty 2,080 Hours:
20 years of service
and 41 years of age at retirement
27.5%
20 years of service
and 42 years of age at retirement
30.0%
20 years of service
and 43 years of age at retirement
32.5%
20 years of service
and 44 years of age at retirement
35.0%
20 years of service
and 45 years of age at retirement
37.5%
20 years of service
and 46 years of age at retirement
40.0%
20 years of service
and 47 years of age at retirement
42.5%
20 years of service
and 48 years of age at retirement
45.0%
20 years of service
and 49 years of age at retirement
47.5%
20 years of service
and 50 -54 years of age at retirement
50.0%
21 years of service
and 50 -54 years of age at retirement
55.0%
22 years of service
and 50 -54 years of age at retirement
60.0%
23 years of service
and 50 -54 years of age at retirement
65.0%
24 years of service
and 50 -54 years of age at retirement
70.0%
25 years of service
and 50 -54 years of age at retirement
75.0%
26 years of service
and 50 -54 years of age at retirement
80.0%
27 years of service
and 50 -54 years of age at retirement
85.0%
28 years of service
and 50 -54 years of age at retirement
90.0%
29 years of service
and 50 -54 years of age at retirement
95.0%
30 years of service
or 55+ years of age at retirement
100.0%
The Retiree Health Savings (RHS) Plan will be administered by the ICMA Retirement
Corporation and will allow employees to accumulate assets in order to pay medical and other
eligible expenses in retirement. The legal basis for an RHS is currently based on Private Letter
Rulings issued by the Internal Revenue Service which allow employers such as the Village to
establish such plans. The provisions of this plan will be governed by documents executed by
both the Village and ICMA Retirement Corporation. The documents collectively comprise the
Vantagecare Retiree Health Savings Plan. It is the intent of the Village to establish a separate
plan for the members of the Union.
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The Village and Union will review and determine funding levels and formulas in
compliance with rules appropriate to the legal basis used to establish the plan and as set forth
from time to time in the Village's Personnel Rules and as permitted under applicable tax rules or
statutes as adopted and/or amended. Employees who elect to participate in individual
contribution programs may be subjected to all applicable rules, including irrevocability of those
contributions.
At a minimum, the Village will apply the value of accrued sick leave (Deposit Value)
into an employee's RHS Plan account at retirement. Employees must apply the entire value of
accrued sick leave to their plan account based on the following formula:
Deposit Value = Number of sick leave hours (shifts) x Dollar hourly value.
The dollar value shall be equal to the lowest hourly rate (which includes Performance
Bonus) paid to all Village employees eligible to participate in the Plan as of January I" for the
calendar year in which the employee retires. The hourly rate will be applicable only for the year
so calculated. That hourly rate value shall be distributed to all Village employees after it is
calculated for the current year.
On an annual basis (January I" through December 31'), employees will be able to
convert up to one (1) twenty -four (24) hour shift of unused sick days for deposit into their Plan
account; providing that they have completed one year of work with no more than one day of
absence. An unused sick leave balance of four hundred eighty (480) hours, thirty (30) Shift Days
must be maintained in order to convert the shift day for deposit into the plan account.
Days converted for deposit into the plan account are subtracted from the employee's
accrued sick leave balance. Conversion of the unused sick day shall not be into vacation leave or
paid directly to the employee. The value of the conversion shall be equal to the employee's daily
wage and not limited to the wage assigned to the retirement funding value calculated above.
Employees who leave the fire department due to disability or death will receive the value
of their accrued sick leave under this plan as part of the RHS benefit.
Section 7.7 Medical Certificate.
A medical certificate required by a department head for the employee shall consist of a
written statement by a qualified physician indicating:
The employee has been examined by the physician during the period of absence.
25
The symptoms observed or measured by the physician.
C. The stated diagnosis and medication and /or treatment prescribed.
D. The dates on which the employee is expected to be physically incapacitated from
work.
Employees who require the use of sick leave for a family member(s) may be required to
provide a medical certificate after the second twenty-four (24) hour shift, or the sick time totaling
the use of forty -eight (48) hours in a rolling calendar year.
A medical certificate required by the Fire Chief or designee for the employee's family
member shall consist of a written statement by a qualified physician indicating:
A. Employee's name, patient's name, date of appointment, time -in, time -out,
doctor's name and signature.
The above information will be documented on the Medical Certificate Form as provided
for by the Village of Buffalo Grove.
Employees will be compensated two (2) hours of pay at straight time.
The Village will reimburse the employee for co- insurance and /or deductibles incurred to
meet this standard, but only applying to office visit charges, or emergency room co -pay if the
department directs the employee to visit and emergency room.
Section 7.8 Light Duty.
An employee who is eligible for sick leave or occupational injury leave may be required
or volunteer to work for an available, temporary light duty assignment. Light duty work shall be
determined by the Fire Chief in consultation with employee and the employee's physician.
An employee on light duty may be assigned to work in any Village department.
A light duty assignment shall not exceed sixty (60) calendar days and may be terminated
prior to that time limit. The Fire Chief may extend light duty based upon consultation with the
employee, the employee's physician and, if necessary, a Village assigned and paid physician.
Light duty assignments may be terminated based upon a lack of performance in relation
to the assigned job.
Section 7.9 Vacation.
A. Employees covered by the Agreement shall receive vacation leave credit
according to the following schedule:
26
(1) I` partial year and first full calendar year of service:
Section 7.10 Hours and Duration.
The regular hours of duty (tour of duty) for employees shall be twenty-four (24)
consecutive hours of duty, starting at 0800 hours and ending the following day at 0800 hours.
The regular tour of duty shall be followed by forty-eight (48) consecutive hours off duty. Early
swaps may be permitted as early as 0700 hours, but the employee currently on -duty may not
leave the station any earlier than 0800 hours. Early swaps shall not be considered a duty trade
and are not eligible for overtime compensation.
ARTICLE VIII
Section 8.1 Grievance - Definition.
A "grievance" is defined as a dispute or difference of opinion raised by an employee
against the Village involving an alleged violation of an express provision of this Agreement,
except that any dispute or difference of opinion concerning a matter or issue subject to the
27
after 2 months
1 shift;
after 4 months
2 shifts;
after 6 months
3 shifts;
after 9 months
4 shifts;
after 12 months
5 shifts
(2)
2n° full calendar year of service:
6 shifts
(3)
Td full calendar year of service:
6 shifts
(4)
4`" full calendar of service:
7 shifts
(5)
51" full calendar year of service:
7 shifts
(6)
6` " -10 full calendar year of service:
8 shifts
(7)
11"-14" full calendar year of service:
9 shifts
(8)
15` " -19`" full calendar year of service:
10 shifts
(9)
20`" - 24 "' full calendar year of service:
11 shifts
(10)
25`" (and after) full calendar year of service:
12 shifts
B. All other provisions of Vacation Leave are in accordance to
the Buffalo Grove
Personnel Rules.
Section 7.10 Hours and Duration.
The regular hours of duty (tour of duty) for employees shall be twenty-four (24)
consecutive hours of duty, starting at 0800 hours and ending the following day at 0800 hours.
The regular tour of duty shall be followed by forty-eight (48) consecutive hours off duty. Early
swaps may be permitted as early as 0700 hours, but the employee currently on -duty may not
leave the station any earlier than 0800 hours. Early swaps shall not be considered a duty trade
and are not eligible for overtime compensation.
ARTICLE VIII
Section 8.1 Grievance - Definition.
A "grievance" is defined as a dispute or difference of opinion raised by an employee
against the Village involving an alleged violation of an express provision of this Agreement,
except that any dispute or difference of opinion concerning a matter or issue subject to the
27
jurisdiction of the Buffalo Grove Board of Fire & Police Commissioners, except as otherwise
provided in this Agreement, shall not be considered a grievance under this Agreement. Such
grievance shall be filed by the Union on behalf of the employee.
Section 8.2 Procedure,
The parties acknowledge that it is usually most desirable for an employee and his
immediate supervisor to resolve problems through free and informal communications. If,
however, the informal process does not resolve the matter, the grievance will be processed as
follows unless, by mutual agreement in writing, the parties waive one or more of the
aforementioned steps:
STEP l: The Union may submit the grievance of a Firefighter/paramedic in writing to
the Lieutenant as designated by the Fire Chief, specifically indicating that the matter is a
grievance under this Agreement. The grievance shall contain a complete statement of the
facts, the provision or provisions of this Agreement which are alleged to have been
violated, and the specific relief requested, and the signature of the grievant and his Union
representative. All grievances must be presented no later than ten (10) calendar days
from the date of the first occurrence of the matter giving rise to the grievance.
The Lieutenant shall render a written response to the grievant, with a copy being
simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance
is presented. The decision of the Lieutenant shall not be binding on the Village if the Fire
Chief or his designee so advises both the grievant and the Union within ten (10) calendar
days of receipt of the Lieutenant's response.
STEP 2: The Union may submit a grievance of a Fire Lieutenant in writing to the
Battalion Chief as designated by the Fire Chief, specifically indicating that the matter is a
grievance under this Agreement. The grievance shall contain a complete statement of the
facts, the provision or provisions of this Agreement which are alleged to have been
violated, and the specific relief requested, and the signature of the grievant and his Union
representative. All grievances must be presented no later than ten (10) calendar days
from the date of the first occurrence of the matter giving rise to the grievance. The
Battalion Chief shall render a written response to the grievant, with a copy being
simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance
is presented.
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The decision of the Battalion Chief shall not be binding on the Village if the Fire Chief or
his designee so advises both the grievant and the Union within ten (10) calendar days of
receipt of the Battalion Chiefs response.
If a grievance of a Firefighter /Paramedic is not settled at Step 1 and the Union wishes to
appeal the grievance to Step 2 of the grievance procedure, it shall be submitted by the
Union in writing to the Battalion Chief as designated by the Chief with ten (10) calendar
days after receipt of the Village's answer in Step 1. The grievance shall specifically state
the basis upon which the Union believes the grievance was improperly denied at the
previous step in the grievance procedure. The Battalion Chief shall investigate the
grievance and, in the course of such investigation, shall offer to discuss the grievance
within ten (10) calendar days with the grievant and the Union. If no settlement of the
grievance is reached, the Battalion Chief or his designee shall provide a written answer to
the grievant and the Union within ten (10) calendar days following the meeting.
STEP 3: If a grievance is not settled at Step 2 and the Union wishes to appeal the
grievance to Step 3 of the grievance procedure, it shall be submitted by the Union in
writing to the Fire Chief within ten (10) calendar days after receipt of the Village's
answer in Step 2.
The grievance shall specifically state the basis upon which the grievant and the Union
believe the grievance was improperly denied at the previous step in the grievance
procedure. The Fire Chief shall investigate the grievance, and in the course of such
investigation, shall offer to discuss the grievance within ten (10) calendar days with the
grievant and the Union. If no settlement of the grievance is reached, the Fire Chief or his
designee shall provide a written answer to the grievant and the Union within ten (10)
calendar days following their meeting.
STEP 4: If a grievance is not settled at Step 3 and the Union wishes to appeal the
grievance to Step 4 of the grievance procedure, it shall be submitted by the Union in
writing to the Village Manager within ten (10) calendar days after receipt of the Village's
answer in Step 3. The grievance shall specifically state the basis upon which the grievant
and the Union believe the grievance was improperly denied at the previous step in the
29
grievance procedure. Thereafter, the Village Manager, or his designee, and other
appropriate individuals as desired by the Village Manager, shall meet with the grievant
and a Union representative within eighteen (18) calendar days of receipt of the Union's
appeal. If no agreement is reached, the Village Manager or his designee shall submit a
written answer to the grievant and the Union within eighteen (18) calendar days
following the meeting.
Section 8.3 Arbitration.
If a grievance is not settled in Step 4 and the Union wishes to appeal the grievance from
Step 4 of the grievance procedure, the Union may refer the grievance to Arbitration as described
below within twenty -one (2 1) calendar days of receipt of the Village's answer as provided to the
Union at Step 4:
A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after
the receipt of the notice of referral. In the event the parties are unable to agree upon the
arbitrator within said ten (10) day period, the parties shall jointly request the Federal
Mediation and Conciliation Service or the American Arbitration Association, to submit a
panel of seven (7) arbitrators. Each party retains the right to reject one panel in its
entirety and request that a new panel be submitted.
Each party also retains the right to request that the panels submitted for any given case be
limited to members of the National Academy of Arbitrators. Both the Village and the
Union shall have the right to strike three (3) names from the panel. The party requesting
arbitration shall strike the first three (3) names; the other party shall then strike three (3)
names. The person remaining shall be the arbitrator.
B. The arbitrator shall be notified of his selection and shall be requested to set a time and
place for the hearing subject to the availability of Union and Village representatives.
C. The Village and the Union shall have the right to request the arbitrator to require the
presence of witness or documents. The Village and the Union retain the right to employ
legal counsel.
D. The arbitrator shall submit his decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties, whichever is
later.
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E. More than one grievance may be submitted to the same arbitrator where both parties
mutually agree in writing.
F. The fees and expensds of the arbitrator and the cost of a written transcript, if any, shall be
divided equally between the Village and the Union; provided, however, that each party
shall be responsible for compensating its own representatives and witnesses.
Section 8.4 Limitations On Authority of Arbitrator.
The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this Agreement. The arbitrator shall consider and decide only the question
of fact as to whether there has been a violation, misinterpretation or misapplication of the specific
provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by
the grievance as submitted in writing at the first step (second step in the case of Fire Lieutenants)
and shall have no authority to make a decision on any issue not so submitted or raised. The
arbitrator shall be without power to make any decision or award, which is contrary to or
inconsistent with applicable Federal or State law. Any decision or award of the arbitrator
rendered within the limitations of this Section shall be final and binding upon the Village, Union
and the employee(s) covered by this Agreement.
Section 8.5 Time Limit For Filing.
No grievance shall be entertained or processed unless it is signed by the grievant and
submitted at Step 1 (Step 2 in the case of a Fire Lieutenant) within ten (10) calendar days after the
first occurrence of the event giving rise to the grievance. If a grievance is not presented by the
employee within the time limit set forth above, it shall be considered waived and may not be
further pursued. Such waiver shall not serve to waive an employee's right to file a future
grievance involving similar facts and circumstances.
If a grievance is not appealed to the next step within the specified time period, or within
an approved, written extension thereof, it shall be considered settled on the basis of the Village's
last answer, provided, however, that such settlement shall not serve to waive an employee's right
to file a future grievance involving similar facts and circumstances. If the Village does not
answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee
may elect to treat the grievance as denied at this step and immediately appeal the grievance to the
next step.
31
The parties may, by mutual written agreement, extend any of the time limits set forth in
this Article.
Section 8.6 Miscellaneous.
No action, statement, agreement, settlement or representation made by any member of the
bargaining unit shall impose any obligation or duty or be considered to be authorized by or
binding upon the Village unless and until the Village has agreed thereto in writing.
ARTICLE IX
Section 9.1 No Strike.
Neither the Union nor any officers, agents or employees covered by this Agreement will
instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow -down, sit -
down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal
and unimproved enforcement procedures or policies or work to the rule situation, mass
resignations, mass absenteeism, picketing or any other intentional interruption or disruption of the
operations of the Village, regardless of the reason for so doing. Any or all employees who violate
any of the provisions of this Article may be discharged or otherwise disciplined by the Village.
Each employee who holds a position of officer or steward of the Union occupies a
position of special trust and obligation to notify the employees of their actions as being a
violation of this Article in order to maintain and bring about compliance with the provisions of
this Article. In addition, in the event of a violation of this Section of this Article, the Union
agrees to inform its members of their obligation under this Agreement and to direct them to returri
to work.
Section 9.2 No Lockout.
The Village will not lock out any employee during the term of this Agreement as a result
of a labor dispute with the Union.
ARTICLE X
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Section 10ADiscipline and Discharge Investigations
Disciplinary actions instituted by the Village shall be for reasons based upon an
employee's failure to fulfill his responsibilities as an employee. Where the Village believes just
cause exists to institute disciplinary action it shall have the option, consistent with the principles
of timely progressive discipline imposed for the purpose of encouraging corrective employee
action, to assess including but not limited to the following penalties:
Counseling Session
Oral Reprimand
Written Reprimand
Suspension
Demotion
Termination
Any disciplinary action or measure other than a counseling session, oral and written reprimand
imposed upon an employee shall be subject to review and appeal as provided for in this
.Agreement. Counseling sessions, oral and written reprimands shall not be subject to the
arbitration procedure or to review by the Board of Police and Fire Commissioners. Employees
shall have the right to file grievances concerning discipline covering suspension without pay,
demotion and /or termination or they may choose the hearing process by the Board of Fire and
Police Commissioners. Filing of a grievance shall act as a waiver by the employee involved of the
right to challenge the same matter before the Board of Fire and Police Commissioners. A form
containing such specific waiver shall be executed by the employee prior to filing a grievance.
Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union
and employee involved of the right to challenge the same matter in the grievance process.
A. The Village agrees that non - probationary employees shall be disciplined and discharged
only for just cause. A copy of all suspension, demotion and discharge notices shall be
provided to the employee. The Employer further agrees that disciplinary actions shall be
imposed in a timely manner (not to exceed thirty (30) calendar days from the date of the
incident giving rise to the disciplinary action or from the date of the Employer's
completion of its investigation of such incident whichever is later) and shall not conflict
with the "Illinois Fireman's Disciplinary Act" (III. Rev. Stat ch. 85 Par 2501, et seq.).
33
B. Any employee found to be unjustly suspended or discharged shall be reinstated with full
compensation for all lost time and with full restoration of all other rights, benefits and
conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a
settlement or deemed proper by the appropriate hearing authority.
C. Disciplinary actions, including but not limited to oral, written, and suspension, recorded
in the employee's personnel files shall not be used after twelve (12) months to justify
subsequent disciplinary action, except for a related offense. Non - meritorious disciplinary
actions shall not be relied upon to justify any subsequent disciplinary action. In the event
disciplinary action is contemplated against an employee, prior to any pre - disciplinary
discussions or meetings with the employee, the employee shall be informed of his /her
rights to representation prior to such meeting. Employees shall be entitled to
representation at all disciplinary investigatory meetings, which the employee attends and
are initiated by the Employer, and at any meeting or interviews which the employee
reasonably believes could result in discipline.
D. The Village shall conduct Rules Violations Investigations (R.V.I.) when it receives
complaints or has reason to believe an employee has failed to fulfill his responsibilities as
an employee.
It is understood that polygraph examinations without written consent of the employee and
tests by means of any chemical substance will not be used by the Village in any phase of
disciplinary investigations or interrogation.
E. Prior to taking any final, disciplinary action and just prior to concluding its investigation,
the Village shall notify the employee of the contemplated measure of discipline to be
imposed, and shall meet with the employee involved and inform the employee of the
reasons for such contemplated disciplinary action. Copies of all pertinent documents shall
be given to the employee at this notification and review meeting, including:
1. Allegation of violations of Rules and Regulations
2. Statement of charges and specifications
3. Employee statements
4. Acknowledgment of notification and review
5. The discipline recommended
6. Copies of the employees pertinent past discipline.
34
The employee shall be entitled to representation at such meetings and shall be given the
opportunity to rebut the reasons for such proposed discipline.
F. The Employer's personnel files, disciplinary history files, medical files and completed
inactive investigative files, shall, upon reasonable request to the Chief or his designee, be
open and available for inspection and copying by the effected employee during regular
business hours. With respect to such files maintained at the Department, regular business
hours shall encompass 9:00 a.m. to 5:00 p.m. It is agreed that any of these files not made
available for inspection and copying shall not be used in any manner or forum for any
disciplinary action.
G. Interrogations - Interrogation shall be defined as the questioning of a firefighter
(employee) pursuant to an investigation initiated by the Village in connection with an
alleged violation of the Rules, Regulations or Orders of the Village of Buffalo Grove or
the Fire Department, which may be the basis for filing charges seeking the suspension,
removal or discharge of a firefighter (employee). Whenever a firefighter is subjected to
administrative interrogation for any reason which could lead to disciplinary action of
discharge or suspension of more than twenty -four (24) hours, the interrogation shall be
conducted under the following conditions:
1) The interrogation shall be conducted at a reasonable hour, preferably at a time
when the firefighter is on duty. If the firefighter is off duty, he /she shall be
compensated at the appropriate rate of pay.
2) The firefighter under interrogation shall be informed of the name, rank and
command of the person in charge of the interrogation, the interrogating officers
and all persons present during the interrogation.
3) The firefighter under investigation shall be informed of the nature of the
complaint or investigation in writing prior to any interrogation.
4) The interrogation session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated. The
person being interrogated shall be allowed to attend to his own personal physical
necessities.
5) No firefighter under interrogation shall be threatened with dismissal or other
disciplinary action. Nothing herein is to be construed as to prohibit the
interrogating officer from informing the firefighter that his or her conduct can be
35
the subject of disciplinary action should he or she refuse to obey a Iawful order
from the ranking officer. Admissions or confessions obtained during the course
of any interrogation not conducted in accordance with the Fireman's Disciplinary
Act may not be utilized in any subsequent disciplinary proceeding against the
firefighter. (P.A. 83 -783) No promise of reward shall be made as an inducement
to answering any questions.
6) No firefighter shall be interrogated without first being advised in writing that
admissions made in the course of the interrogation may be used as evidence of
misconduct or as the basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has the right to counsel
of his or her choosing who may be present to advise him or her at any stage of
any interrogation.
7) At the request of a firefighter and prior to any interrogation, the firefighter shalt
have the right to be represented by counsel of his or her choice, who may be
present at all times during the interrogation. The attorney shall not participate in
the interrogation, except to counsel the firefighter. The firefighter may request a
postponement of the initial interrogation to contact an attorney of his or her own
choosing. The interrogation may not be postponed more than twenty -four (24)
hours, with allowances made for weekends and holidays, unless specifically
waived by mutual agreement of the Village and the firefighter being interrogated.
A representative of the employee's choice may also be present during any
interrogation. A complete record of any interrogation shall be made and a
complete transcript or copy made available to the firefighter without charge and
without undue delay. The Village or the firefighter may record the interrogation.
8) This Section does not apply to any interrogation of a firefighter in the normal
course of duty, counseling, instruction, informal admonishment or other routine
or unplanned contact with a supervisor or any other firefighter. Any admissions
or confessions obtained during the course of any interrogation not conducted in
accordance with this Section may not be utilized in any subsequent disciplinary
proceeding.
H. It is understood that the rights of firefighters herein shall not diminish the right and
privileges of firefighters that are guaranteed to all citizens by the Constitution and laws of
the United States and of the State of Illinois. This Article does not apply to any firefighter
(employee) charged with violating any provision of the Criminal Code of 1961 [720
36
ILCS 5/1 -1] or any other federal, state or local code. If the allegation under investigation
indicates the recommendation for separation or termination is probable against the
firefighter, the firefighter shall be given statutory administrative proceedings rights, or if
the allegation indicates criminal prosecution is probable against the firefighter, the
firefighter shall be given the constitutional rights concerning self - incrimination prior to
commencement of the interrogation.
I. No firefighter shall be compelled to speak or testify before, or be questioned by any non-
governmental agency. This provision shall not apply to reasonable requests from the
Village's insurance carriers provided that the employee is covered by the insurance policy
applicable to the situation.
J. Reviews of decisions of the Board of Police and Fire Commissioners or of an arbitrator
under this section shall be as provided by law, based on the election of the hearing body
selected by the employee.
K. Suspensions shall be charged at a rate based on a fifty-one and two tenths (51.2) hour
work week.
ARTICLE XI
Section 11.1 Dues Checkoff.
The Village shall deduct from each employee's paycheck the uniform, regular bi- weekly
Union dues for each employee in the bargaining unit who has filed with the Village and Fire
Chief a properly executed authorization form. Such authorization may only be revoked by
written notice to the Village and the Union during the thirty (30) days prior to the termination
date set forth in Article XIV of this Agreement. The Union may change the fixed uniform dollar
amount two (2) times per year during the term of this Agreement by giving the Village at least
thirty (30) days advance notice in writing, with a copy to the Fire Chief, of any change in the
amount of dues to be deducted.
The Village shall remit the total amount of the deducted dues, along with a list of
employees from whom the dues have been deducted, to the Union not later than seven (7) days
after the deduction is made.
Section 11.2 Fair Share.
37
During the term of this Agreement, employees who are not members of the Union shall,
commencing thirty (30) days after their date of hire, pay a fair share to the Union for collective
bargaining and contract administration services rendered by the Union as the exclusive
representative of the employees covered by this Agreement, provided said fair share fee shall not
exceed the dues attributable to being a member of the Union. Such fair share fees shall be
deducted by the Village from the earnings of non- members and remitted to the Union in the same
manner as dues are deducted for Union members. The Union shall periodically submit to the
Village and Fire Chief a written list of the employees covered by this Agreement who are not
members of the Union.
The Union agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in such cases as Chicago Teachers
Union v Hudson, 106 U. S. 1066 (1986), with respect to the constitutional rights of fair share fee
payers as well as all applicable provisions of the Illinois Public Labor Relations Act and the rules
and regulations promulgated hereunder relating to fair share fees.
It is specifically agreed that any dispute a fair share payer may have with the Union
concerning the amount of fair share fee and/or the responsibilities of the Union with respect to
fair share payers shall not be subject to the grievance and arbitration procedure set forth in this
Agreement.
ARTICLE XII
Section 12.1 Definition of Seniority.
Departmental seniority shall be defined as the length of service from the last date of
beginning continuous full -time employment as a sworn Lieutenant or Firefighter /Paramedic in the
Department and uninterrupted by termination of employment. Rank seniority shall be defined as
the length of continuous full -time employment in a promoted rank uninterrupted by termination
of employment. Conflicts of departmental or rank seniority shall be determined on the basis of
the order of the Firefighter /Paramedics on the Board of Fire and Police Commission hiring or
promotional list, whichever is applicable, with the Firefighter/Paramedic higher on the applicable
list being the more senior. Where the term "seniority" is used in this Agreement, it shall mean
departmental seniority unless otherwise specified.
Section 12.2 Probationary Period.
38
All new employees and those rehired after termination of employment shall be
considered probationary employees until they complete a probationary period of twelve (12)
months, in accordance with 65 TLCS 5/10- 2.1 -4. During an employee's probationary period,
the employee may be suspended or terminated at the sole discretion of the Village, subject to
whatever legal rights, if any, such employees may have separate and apart from this Agreement.
No grievance shall be presented or entertained in connection with the suspension or termination
of a probationary employee.
In the event of an absence or leave, the probationary period may be extended, if approved
by the Board of Fire and Police Commissioners, for a comparable period of time (i.e., day for day
extensions in the event a probationary employee is absent and /or on leave for any reason for a
total of four (4) weeks or more during the first twelve (12) months of employment).
Section 12.3 Seniority List.
On or before September I of each year, the Village will provide the Union with a
seniority list setting forth each employee seniority date. The Village shall not be responsible for
any errors in the seniority list unless such errors are brought to the attention of the Village in
writing within thirty (30) calendar days after the Union's receipt of the list.
Section 12.4 Layoff.
Employees covered by this Agreement will be laid off in accordance with their length of
service as provided in the Illinois Municipal Code, Chapter 65, Section 513.10 -2.18 as amended
from time to time.
Section 12.5 Recall.
Employees who are laid off shall be placed on a recall list. If there is a recall, employees
who are still on the recall list shall be recalled in the inverse order of their layoff.
Employees who are on the recall list shall be given up to twenty-one (21) calendar days
to report back to work from date of receipt of the notice of recall, provided that the employee
must notify the Fire Chief or his designee of his intention to return to work within seven (7) days
after receiving notice of recall.
The Village shall be deemed to have fulfilled its obligations by mailing the recall notice
by registered mail, return receipt requested, to the mailing address last provided by the employee,
with a copy to the Union; it being the obligation and responsibility of the employee to provide the
39
Fire Chief or his designee with this latest mailing address. If an employee fails to timely respond
to a recall notice, his name shall be removed from the recall list.
Section 12.6 Termination of Seniority.
Seniority and the employment relationship shall be terminated for all purposes, subject to
confirmation by the Village's Board of Fire and Police Commission, if the employee:
A. quits;
B. is discharged;
C. retires (or is retired should the Village adopt and implement a legal mandatory retirement
age);
D. falsifies the reason for a leave of absence, or is found to be working during a leave of
absence without the written approval of the Village Manager;
E. fails to report to work at the conclusion of an authorized leave or vacation;
F. is laid off and fails to notify the Fire Chief or his designee of his intention to return to
work within three (3) calendar days after receiving notice of recall or fails to return to
work within two (2) working days after the established date for the employee's return to
work:
G. is laid off for a period in excess of two (2) years;
H. does not perform work for the Village for a period in excess of twelve (12) months,
provided however, this provision shall not be applicable to absences due to military
service, established work related injury compensable under workers compensation,
disability pension, or a layoff where the employee has recall rights;
I. is absent for one shift day (24 hours) without authorization unless there are proven
extenuating circumstances beyond the employee's control that prevent notification.
Section 12.7 Effects of Layoff.
During the period of time that non - probationary employees have recall rights as specified
above, the following provisions shall be applicable to any non - probationary employees who are
laid off by the Village:
A. An employee shall be paid for any earned but unused vacation days.
40
B. An employee shall have the right to maintain insurance coverage by paying in
advance the full applicable monthly premium for single and if desired, family
coverage.
C. If an employee is recalled, the amount of accumulated sick leave days that the
employee had as of the effective date of the layoff shall be restored.
D. Upon recall, the employee's seniority, shall be adjusted by the length of the
layoff.
Section 12.8 Interruption of Seniority.
Seniority shall be interrupted in the event an employee is laid off, placed on a non -duty
disability pension or is granted a leave of absence without pay. When an employee returns from a
layoff, non -duty disability or an unpaid leave of absence, his seniority shall be his length of
service up to the date of layoff or beginning of the unpaid leave of absence.
Seniority shall not be interrupted, and shall continue to accrue, during periods of time
when an employee is receiving workers compensation or disability pension benefits for a work
related injury.
Section 12.9 Promotions.
The Board of Fire and Police Commissioners shall provide for promotion in the Fire
Department on the basis of performance on a Written Examination, Ascertained Merit, Subjective
Evaluation (oral, tactical and performance potential rating) and seniority in service. All
promotional processes that are fire service related will be conducted in accordance with the
provisions of the 50 Illinois Compiled Statutes 742/1 et seq. (50 ILCS 742/1 et seq.)
All examinations for promotion shall be competitive among such eligible members of the
next lower rank as desire to submit themselves for promotion. To be eligible for examination, an
applicant must have satisfactorily completed the probationary period for his present rank. An
applicant for Fire Lieutenant must be certified as a Firefighter III by the Office of the State Fire
Marshal. In addition, an applicant for Fire Lieutenant must have satisfactorily completed all
academic coursework and required examinations for certification as a Fire Officer I by the Office
of the State Fire Marshal.
All personnel who submit themselves to examination will be graded according to the
following schedule:
41
Oral Interview 25%
Tactical Assessment 25%
Performance Potential Rating (PPR) 15%
Written Exam 25%
Seniority 6.5%
(1/2% per year for a maximum of thirteen (13) years. Seniority based on
the date of the orientation as the first component of testing)
Ascertained Merit 3.5%
(A.A.S. or A.S. = 2.0 %, B.S. or B.A. = 3.5% - maximum combined score
may not exceed 3.5 %)
Maximum Grade 100%
For the Oral Interview, Tactical Exam and Written Examination, each applicant for
promotion must be present at the designated testing site at the time designated for the
examination to be held. Any candidate who is not so present will receive a "0" zero for that
section as a score.
The order of testing for each component of the promotional process shall be the
Orientation, Oral Interview, Tactical Examination, Performance Potential Rating (PPR) and the
Written Examination.
Military credit shall be applied as prescribed by Statute 50 ILCS 742/1 et seq. All claims
for points will be based on the Rules and Regulations of the Board of Fire and Police
Commissioners.
The Board of Fire and Police Commissioners will contract an independent testing agency
to administer the Tactical Exam. Assessors from said agency must decline participation in the
process if within the last seven (7) years there exists a meaningful personal or meaningful
employment relationship with a candidate testing for promotion. Mutual Aid, Training or any
other special deployment assignments are not considered to be "Employment Relationships ".
Fire Department staff or employees will not be part of the Tactical Exam scoring process and will
only function in support roles as necessary.
There will be no outside monitors for the process of promotions as governed by this
section of the Agreement.
Employees who participate in the promotional process will have their past two annual
performance evaluations delivered to the Board of Fire and Police Commissioners with their
42
application to the exam process as a reference document for the Board of Fire and Police
Commissioners without a weighted value for the promotional process. For the purpose of
completing the PPR rating, personnel who have had a shift change in the past 365 days from the
date of the beginning of the testing will be, allowed to select the most recent supervisor
(Lieutenant), from their most recent previous shift, as the "C" rater within the procedures of the
PPR process as contained in the Rules and Regulations of the Board of Fire and Police
Commissioners.
Participants will be advised of their scores for each individual component of the
promotional process within fifteen (I S) days of the completion of that process scoring.
The one year notification process shall be waived for the first testing cycle that is covered
by the ratification of this Agreement. All years thereafter as governed by this Agreement will
require a one -year advance notification of the testing process.
All other procedural rules and regulations covering promotional preference, eligible
roster, appointment and oath of office, certificate of appointment, probation, right of review and
voluntary relinquishment of rank will be followed by the Rules and Regulations of the Board of
Fire and Police Commissioners and /or 50 ILCS 742/1 et seq. (note: BFPC Rules and Regulations
have or will be updated to reflect 50 ILCS 742/1 et seq.)
ARTICLE XIII
Section 13,1 Entire Agreement,
This Agreement constitutes the complete and entire Agreement between the parties and
concludes collective bargaining between the parties for its term. This Agreement supersedes and
cancels all prior practices and agreements, whether written or oral, unless expressly stated to the
contrary herein.
The Village 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,
including the impact of the Village's exercise of its rights as set forth herein on wages, hours or
terms and conditions of employment. This paragraph does not waive the Union's right to bargain
over any subject or matter not referred to or covered in this Agreement which is a mandatory
subject of bargaining and concerning which the Village may consider changing during the term of
this Agreement.
43
ARTICLE XIV
Section 14.1 Savings Clause.
In the event any Article, Section or portion of this Agreement should be held invalid and
unenforceable by any board, agency or court of competent jurisdiction or by reason of any
subsequently enacted legislation, such decision or legislation shall apply only to the specific
Article, Section or portion thereof specifically specified in the board, agency of court decision or
subsequent litigation and the remaining parts or portions of this Agreement shall remain in full
force and effect.
In such event, the parties shall, upon request of either party, upon thirty (30) days notice
of any determination, commence good faith bargaining over possible replacement language for
the invalidated Article, Section or portion of this Agreement.
ARTICLE XV
Section 15.1 Duration of Agreement.
This Agreement shall -be effective as of the day after the Agreement is executed by both
parties and shall remain in full force and effect until 11:59 P. M. on the 301" day of April, 2013. It
shall be automatically renewed from year to year thereafter unless either party shall notify the
other in writing at Ieast ninety (90) days prior to the April 30 anniversary date that it desires to
modify this Agreement. In the event that such notice is given, negotiations shall begin no later
than sixty (60) days prior to the April 30 anniversary date.
Notwithstanding any provision of this Article or Agreement to the contrary, this
Agreement shall remain in full force and effect after the expiration date and until a new
Agreement is reached unless either party gives at least ten (10) days written notice to the other
party of its desire to terminate this Agreement, provided such termination date shall not be before
the anniversary date set forth in the preceding Section.
44
This Agreement executed by Ordinance 2008 -42 on June 16, 2008 by the Village of Buffalo
Grove Board of Trustees and signed by:
For the Village of Buffalo Grove
W VLA Vn
William H. Brimm
Village Manager
Arthur A. Malinowski, Jr.
Director of Human Resources
A kl-�7
e M. Vavra
For the Buffalo Grove Professional
Firefighter /Paramedic Association
Local 3177, IAFF, AFL -CIO, CLC
Russell Anderson
Union Vice Pr 'dent
Michael Spiro
Fire Chief Union Secretary
45
APPENDIX A
to the
AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE
and the
BUFFALO GROVE PROFESSIONAL FIREFIGHTER /PARAMEDIC ASSOCIATION
LOCAL 3177, IAFF, AFL -CIO, CLC
MAY 1, 2008 THROUGH APRIL 30, 2013
ADMINISTRATION GUIDE
to the
DRUG /ALCOHOL TESTING PROCEDURES
APPENDIX A
TABLE OF CONTENTS
A.
Definitions
Al
B.
Prohibited Substances /Prescription Medications
A2
C.
Employee Testing
A3
D.
Collection of Specimens and Laboratory Analysis — Drug Testing
A6
E.
Alcohol Testing Procedures
A6
F.
Discipline/Appeal of Test Results
A6
G.
Rehabilitation
A7
H.
Summary of Procedures
A7
I.
Drug Testing
Ag
J.
Laboratory Analysis Procedures — Urinalysis
Al2
K.
Alcohol Testing Procedures
A 1 S
FORMS
EMPLOYEE NOTIFICATION LETTER
ACKNOWLEDGMENT OF NOTICE OF POLICY & CONSENT TO TESTING
LAST CHANCE AGREEMENT
REPORT OF REASONABLE SUSPICION
NEW HIRE ACKNOWLEDGMENT, RELEASE AND CONSENT
APPENDIX A
Administration Guide to Drug /Alcohol Testing Procedures
The purpose of this administrative guide is to set forth the procedures for the implementation of
alcohol and drug testing (herein referred to as "testing ") of Employees for the presence of
prohibited substances pursuant to Section 4.7, Drug and Alcohol Testing Policy (the "Policy ").
These procedures are intended as a supervisory guide only and are in no way intended to alter any
existing relationship between Village of Buffalo Grove Fire Department (the "Employer ") and
any Employee.
A. DEFINITIONS.
When interpreting or implementing these procedures the Federal Department of Transportation
( "DOT ") regulations and applicable state law controlled substance testing regulations, the
following definitions apply:
1. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or
other low molecular weight alcohols including methyl and isopropyl alcohol.
Employees are not excused if the source of the alcohol is medicinal.
2. "BAT" means breath alcohol technician and/or breath alcohol test. Alcohol tests
may only be conducted by BATS who have been properly trained under 49 CFR
Part 40.
3. "Collection site" means a place where individuals present themselves for the
purpose of providing body fluid or tissue specimens to be analyzed for specified
prohibited substances. The site must possess all necessary personnel, materials,
equipment, facilities and supervision to provide for the collection, security,
temporary storage and transportation or shipment of the specimens to a
laboratory.
4. "Prohibited substance" has the meaning assigned by 21 U.S.C. 802 and includes
all substances listed in Section III as they may be revised from time to time (21
CFR 1308).
5. "Drug" means any substance (including alcohol) that is a prohibited substance as
defined in 49 CFR Part 40 and this policy.
6. "Employee Assistance Program (EAP)" is the Village of Buffalo Grove's
professional and confidential counseling service designed to help address any
personal concern the Employee may have.
7. "Employees subject to testing" means all Employees covered by the collective
bargaining agreement as well as all other Fire Department Employees covered by
a similar administrative policy.
"Failure to cooperate" in the test process includes, but is not limited to, the failure
to execute all necessary documents, refusal to accompany a supervisor to a
designated test facility when requested, failure to provide adequate breath or
urine, acting in an abusive or obstructive manner at the test facility or in route, or
fighting.
A -1
9. "DOT" means Federal Department of Transportation.
10. "Medical practitioner" means a licensed doctor of medicine ( "M.D.") or
osteopathy ( "D.O. ") or a doctor of dental surgery ( "D.D.S. ") authorized to
practice by the state in which the person practices.
11. "Medical Review Officer" ( "MRO ") means a licensed M.D. or D.O. with
knowledge of drug abuse disorders that is employed or used to conduct drug
testing in accordance with this part.
12. "Officer" means a commissioned or appointed officer, not an Acting Lieutenant.
13. "On-the-job accident" is defined as any accident which occurs while on Fire
Department premises, while operating a Fire Department moving vehicle or
equipment, or while conducting Fire Department business provided the accident
or incident results in death, injuries requiring medical attention away from the
scene.
14. "Reasonable suspicion" means that the Employer believes the actions or
appearance or conduct of the Employee, are indicative of the use of a prohibited
substance. The conclusion that reasonable suspicion exists must be based on
specific, contemporaneous, articulable facts concerning the Employee's
appearance, behavior, speech or body odors.
15. "Substance Abuse Professional" (SAP) means a professional counselor
specializing in substance abuse counseling.
16. "Staff Officer" means a Battalion Chief, Deputy Chief or Fire Chief. When a
Staff Officer is not readily available the Acting Shift Commander will be
considered a Staff Officer.
B. PROHIBITED SUBSTANCES/PRESCRIPTION MEDICATIONS.
1. Prohibited Substances. In accordance with federal standards, testing will be
conducted for the presence of the following substances:
ALCOHOL
AMPHETAMINES
COCAINE
MARIJUANA
OPIATE METABOLITES
PHENCYCLIDINE (PCP)
Detection levels requiring a determination of a positive result shall be in
accordance with the federal guidelines established by the Department of Health
and Human Services/Substance Abuse and Mental Health Services Administration
(DHHS; formerly "NIDA ").
Those Employees suspected of consuming alcohol at any time prohibited under
this policy, or found to be in possession of alcohol while on Employer premises
or while operating Employer equipment, will be required to submit to alcohol
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testing conducted in accordance with the rules adopted (or amended) by DOT. A
positive alcohol test is any result reported at, or above U4.
Anyone found positive for prohibited substances will not be allowed to return to
work and will be subject to discipline, up to and including termination.
2. Prescription Medications. Employees in safety - sensitive positions taking
medications, which may impair their abilities to perform their job, which are
legally prescribed by a licensed physician familiar with the Employee's work -
related responsibilities must report such use to their Supervisor and may be
required to present written evidence from the physician which describes the
effects such medications may have on the Employee's ability to perform his /her
tasks.
The Supervisor will contact the Fire Chief, or his designee, who will, when
possible, confer with the MRO. In the sole discretion of the Fire Chief, or his
designee, in consultation with the MRO, should the effect of these medications
adversely affect an Employee in a safety- sensitive position, that Employee may
be temporarily removed or reassigned from the safety - sensitive position if
deemed appropriate.
C. EMPLOYEE TESTING.
Reasonable Suspicion. If an Employee is having work performance problems or
displaying behavior that may be related to the use of prohibited substances, or is
otherwise demonstrating conduct that may be in violation of this Policy where
immediate management action is necessary, the Supervisor, including an Acting
Lieutenant, with the concurrence of a Staff Officer will require that Employee to
submit to testing. In cases where an Acting Lieutenant identifies circumstances
warranting testing based on reasonable suspicion, the Acting Lieutenant will
defer all further action to an on -duty Lieutenant. If a Staff Officer is not readily
available, concurrence should be made by the Acting Shift Commander.
Reasonable suspicion tests will be based upon the conclusions made by a
Lieutenant and a Staff Officer who has been trained to recognize these behavioral
signs.
A Supervisor, including an Acting Lieutenant, must take action if he /she
recognizes current, articulable facts that indicate there is more than a hunch to
believe that this policy has been violated. A Supervisor observing such facts will
take the following actions immediately:
a. Secure a Staff Officer's concurrence to his /her observations or if
a Staff Officer is not readily available, the Acting Shift
Commander will be used.
b. After discussing the circumstances, the Lieutenant and the Staff
Officer, if it is believed that the conduct or performance problem
could be due to prohibited substance use, will immediately
require the Employee to submit to testing. I€ the Employee
refuses to submit to testing for any reason, he /she will be
informed that continued refusal will be treated as a positive drug
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test and may result in disciplinary action, up to and including
immediate termination.
C. The Staff Officer must submit, within 24 hours, the attached
"Report on Reasonable Suspicion" to the Fire Chief, or his
designee.
d. If the observed conduct could endanger the Employee, co-
workers or others and, where otherwise appropriate, the Staff
Officer will remove or cause the removal of the Employee from
the workplace and ensure that the Employee is transported to an
appropriate collection site. The Employee shall not be allowed
to drive if the test was for a reasonable suspicion or there was a
positive BAT. If the Employee cannot drive the Staff Officer
will ensure the Employee is transported to the Employee's
residence or, where appropriate, to a place of lodging. Under no
circumstances, when the capacity of the Employee's ability to
perform is in question, will that Employee be allowed to
continue to work until otherwise safe to do so.
(1) All Employees, especially all Supervisors, will receive
training to assist them in identifying behavioral
characteristics of the prohibited substances.
(2) A reasonable suspicion test must be based on facts made
during, just preceding, or just after the end of the
workday when the Employee is to be in compliance with
this policy.
(3) An Employee may be tested based on reasonable
suspicion only just before, during or just after their work
shift or department assignment.
All reasonable suspicion tests must be conducted within eight hours of
the decision to test. If not completed within that time, a record of the
delay will be maintained. Once the determination that reasonable
suspicion exists, under no circumstances will an Employee be allowed
back to work until she /he has a negative drug and alcohol test or has been
assessed by the Substance Abuse Professional (SAP) to return to work.
2. Post Vehicle Accident. Any Employee involved in an incident where there has
been an on-the-job moving vehicle accident(s) resulting in a death(s), or injuries
that require medical treatment away from the scene of the vehicle accident, will
be requested to submit to alcohol and drug testing. Under no circumstances will
an Employee be allowed back to work until he /she has a negative drug and
alcohol test or has been assessed by the SAP to return to work.
3. Post Accident (non- vehicular) /Injury/Testing. Any Employee injured on duty
where the incident may be reported to any state or federal governmental body
(i.e., IDOL, OSHA, etc., not OSFM), will be requested to submit to alcohol and
drug testing.
Post- accident/injury drug testing will occur not later than 32 hours after the
occurrence of an incident meeting the above criteria. Alcohol testing must occur
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as soon after the incident as is practical, but no later than eight (8) hours after the
accident/injury has occurred. Employees are prohibited from using alcohol for at
least eight hours after the accident/injury or until tested. Any Employee
suspected of unnecessarily delaying the test process will be considered to have
refused to submit to testing. Under no circumstances will an Employee be
allowed back to work until he /she has a negative drug and alcohol test or has
been assessed by the SAP to return to work.
4. Voluntary Testing. Any Employee, at his expense, may request a drug and
alcohol test. The Employee may return to work immediately following a
negative BAT and may continue to work pending the results of the drug test. The
Employee must provide a written statement of reason for the request. The
Employee will not suffer any loss of pay provide both tests are negative.
5. Follow -up Testing/Return to Duty Following Violation. Any individual found to
be in violation of this policy whose employment is continued must, prior to
returning to work, agree with the following:
a. Submit to and pass a drug and /or alcohol test. Whether the
individual is required to submit to alcohol or drug testing or both
will be determined by the treating healthcare provider.
b. Submit to an assessment by a Substance Abuse Professional
(SAP) thru the Employee Assistance Program (EAP).
C. Agree to abide by whatever plan of recovery the SAP
recommends.
d. Submit to a return to duty assessment by the SAP to determine
compliance with the plan of recovery.
e. Agree to follow -up testing as prescribed by the treating
healthcare professional. Employees returning to duty must
submit to a minimum of six tests within the first twelve months
after returning to duty and an additional three tests during the
next six months. Unless otherwise required by law, follow -up
tests shall be conducted by the treating healthcare provider and
no positive result shall be revealed to the Employer unless that
treating healthcare provider has concluded that the positive test
represents a failure of the plan of recovery.
NOTE: After implementation of these testing requirements, refusal to submit to such testing shall
be considered a positive test result and the Employee will be disciplined accordingly.
D. COLLECTION OF SPECIMENS AND LABORATORY ANALYSIS; DRUG
TESTING.
1. Specimen Collection. Specimen collection will be conducted in accordance with
applicable state or federal law. The collection procedures will be designed to
ensure the security and integrity of the specimen provided by each Employee,
and those procedures will strictly follow federal chain -of- custody guidelines.
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Moreover, every reasonable effort will be made to maintain the dignity of each
Employee submitting a specimen for analysis in accordance with these
procedures. See Section I of this Appendix.
2. Laboratory Analysis. As required by federal regulations, only a laboratory
certified by Department of Health and Human Services to perform tests for the
detection of the presence of prohibited substances will be retained by the
Employer. The laboratory will be required to maintain strict compliance with
federally approved chain -of- custody procedures, quality control, maintenance
and scientific analytical methodologies. See Section J of this Appendix.
E. ALCOHOL TESTING PROCEDURES.
All alcohol tests will be conducted in strict compliance with the rules adopted by the DOT and
found in Section K of this Appendix.
F. DISCIPLINE /APPEAL OF TEST RESULTS.
1. Drugs: Any Employee testing positive for the presence of a prohibited controlled
substance will be subject to discipline up to and including termination.
Any Employee testing positive for the presence of a prohibited substance will be
contacted by the Employer's MRO. The Employee will be allowed to present
medical documentation to explain any permissible use of a drug. All such
discussions between the Employee and the MRO will be confidential. The
Employer will not be a party to or have access to matters discussed between the
Employee and the MRO. Until the Employee contacts the MRO or 3 days have
lapsed after the Employee was asked to contact the MRO the Employer will not
be advised of the test result. If legitimate, medically supportable reasons exist to
explain the positive result, the MRO will report the test result to the Employer as
a negative. If there is no legitimate medically supportable reason for the positive
test result, the MRO will report the test result as positive. The Employer will
then notify the Employee of the positive result of a periodic, random, post -
accident or suspicion -based test and the substances detected.
If, during the course of an interview with an Employee who has tested positive,
the MRO learns of a medical condition which could, in the MRO's reasonable
medical judgment, pose a risk to safety., the MRO may report that information to
the Employer.
Any Employee testing positive for a controlled substance (not alcohol) has a right
to request that the MRO direct the remainder of the original sample be sent to
another DHHS- certified laboratory of the Employee's choosing. The Employee
is responsible for the costs of such testing. The Employee is required to make the
request of the MRO within 72 hours of being notified that the initial specimen is
positive.
If the specimen is reported as "not found" (meaning the drug detected by the
initial lab is not detected) then both are canceled. Depending on the purpose for
the initial test the Employee may be required to submit to testing as soon as
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possible but before continuing to perform a safety sensitive function for the Fire
Department or a Fire Department customer.
2. Alcohol: Any Employee testing positive for alcohol will be subject to discipline
up to and including termination. No medical review of an alcohol positive will
occur. No medical explanation for alcohol in your system will be accepted.
Discipline for any positive druglalcohol test result: First positive, eighteen month probation and
referral to EAP. Second positive within five year period, termination.
G. REHABILITATION.
Any Employee testing positive for the first time will be given one opportunity to undergo
counselingtrehabilitation. Any expense in excess of that covered by the Employer's benefit
program is the responsibility of the Employee. Any Employee who exercises the option of
retaining his/her position with the Employer must agree to the following conditions:
1. The Employee must execute a "last chance agreement "
2. The Employee must agree to submit to random testing, while on duty, for as long
as five years following successful completion of his /her program of
rehabilitation.
3. The Employee must provide evidence of successful completion of a program of
recovery as prescribed by a healthcare professional.
4. The Employee must submit to, and pass, a drug and /or alcohol test as
recommended by the Substance Abuse Professional (SAP) or this policy.
Any Employee failing to comply with the above conditions, or testing positive a second time in
any 5 -year period is subject to immediate termination.
H. SUMMARY OF PROCEDURES.
Testing under this policy will be conducted by independent, trained healthcare providers in
accordance with rules established by the Department of Health and Human Services
(DHHS) /Substance Abuse and Mental Health Services Administration and adopted by the Federal
Highway Administration.
Testing procedures are designed to protect both the Employee and the integrity of the testing
process.
These protections are threefold:
i. collection or evidential breath test procedures,
2. laboratory procedures, and
3. medical review of drug test results.
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The following Sections I, J, K and the sample forms contain a summary of the procedures
adopted by the Employer to protect you and the integrity of the process. If you have any
questions please contact the Fire Chief.
I. DRUG TESTING.
Procedure for the collection of specimens, chain -of- custody and reporting laboratoiy results.
Collection of Specimens:
1. Collection Site: The Employer shall designate a collection site which will have
all necessary personnel, materials, equipment, facilities, and supervision to
provide for the collection, security, temporary storage, and shipping or
transportation of specimens to a certified testing laboratory. A collection site
coordinator, primarily responsible for the implementation of collection
procedures, may also be designated by the Employer.
2. Security Procedures: Security procedures developed by the Employer shall
provide for the security of the designated collection site.
3. Chain -of- Custody: Standardized chain -of- custody forms shall be properly
executed by authorized collection site personnel upon receipt of the specimens.
Handling and transportation of specimens from one authorized collection site or
place to another shall always be accomplished through chain -of- custody
procedures. Every effort shall be made to minimize number of persons handling
specimens.
4. Access to Authorized Personnel Only: No unauthorized personnel shall be
permitted in any part of the designated collection site when specimens are
collected or stored.
S. Privacy: Procedures for collecting specimens shall allow for the Employee,
contract Employee or Employee - applicant's (all herein sometimes collectively
referred to as the "Employee ") privacy unless there is reason to believe that a
particular Employee may alter or substitute the specimen to be provided.
6. Integrity and Identity of Specimen: Precautions shall be taken to ensure that a
specimen is not adulterated or diluted during the collection procedure and that
information on the specimen container can identify the Employee from whom the
specimen was collected. The following minimum precautions shall be taken to
ensure that unadulterated specimens are obtained and correctly identified:
a. To deter the dilution of urine specimens at the collection site, toilet
bluing agents shall be placed in toilet tanks wherever possible, so the
reservoir of water in the toilet bowl always remains blue. There shall be
no other source of water (e.g., no shower or sink) in the enclosure where
urination occurs.
b. When an Employee arrives at the collection site, the collection site
person shall request the Employee to present photo identification. If the
Employee does not have proper photo identification, the collection site
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person shall contact the Fire Chief, or his designee, to positively identify
the Employee. If the Employee's identity cannot be established, the
collection site person shall not proceed with the collection.
C. If the Employee fails to arrive at the assigned time, the collection site
person shall contact the Fire Chief, or his designee, to obtain guidance on
the action to be taken.
d. The collection site person shall ask the Employee to remove any
unnecessary outer garments such as a coat or jacket that might conceal
items or substances that could be used to tamper with or adulterate the
Employee's urine specimen. The collection site person shall ensure that
all personal belongings such as a purse or briefcase remain with the outer
garments. The Employee may retain his/her wallet.
e. The Employee shall be instructed to wash and dry his/her hands prior to
urination.
f. After washing hands, the Employee shall remain in the presence of the
collection site person and shall not have access to any water fountain,
faucet, soap dispenser, cleaning agent or any other materials which could
be used to adulterate the urine specimen.
g. The Employee may provide his/her urine specimen in the privacy of a
stall or otherwise partitioned area that allows for Employee privacy.
h. The collection site person shall note any unusual behavior or appearance.
L Upon receiving the urine specimen from the Employee, the collection
site person shall determine that it contains at least 45 milliliters of urine.
If there is less than 45 milliliters of urine in the container, that sample
shall be discarded and the collection process begun anew. The
Employee may be given up to three (3) hours to provide a sufficient
sample. During that time a reasonable amount of liquid (not to exceed 40
ounces) to drink for this purpose (i.e., a glass of water). If the Employee
fails for any reason to provide 45 milliliters of urine, the collection site
person shall contact the Fire Chief, or his designee, to obtain referral for
a medical examination to determine what, if any explanation exists for
not providing a sufficient sample.
j. After the urine specimen has been provided and submitted to the
collection site person, the Employee shall be allowed to wash his /her
hands.
k. Immediately after the urine specimen is collected, the collection site
person shall measure the temperature of the specimen. The temperature -
measuring device used must accurately reflect the temperature of the
specimen and not contaminate the specimen. The time from urination to
temperature measurement is critical and in no case shall exceed four
minutes.
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1. If the temperature of a urine specimen is outside the range of 32. - 38 C/
90. - 100 F, there is reason to believe that the Employee may have
adulterated or substituted the specimen, and another specimen shall be
collected under direct observation of a same gender collection site person
and both specimens shall be forwarded to the laboratory for testing. An
Employee may volunteer to have his /her oral temperature taken to
provide evidence to counter the reason to believe the Employee may
have adulterated or substituted the specimen.
m. Immediately after the urine specimen is collected, the collection site
person shall also inspect the specimen to determine its color and look for
any signs of contaminants. Any unusual findings shall be noted on the
chain-of-custody form.
n. All urine specimens suspected of being adulterated shall be forwarded to
the laboratory for testing. Appropriate notations shall be made on the
chain -of- custody form by the collection site person specifying suspected
adulteration or a substitution.
o. Whenever there is reason to believe that a particular Employee may have
altered or substituted the urine specimen, a second specimen shall be
obtained as soon as possible under the direct observation of a same -
gender collection site person.
p. Both the Employee being tested and the collection site person shall keep
the urine specimen in view at all times prior to its being sealed and
labeled. If the specimen is transferred to a second container, the
collection site person shall request the Employee to observe the transfer
of the specimen and the placement of the tamper proof seal over the
container cap and down the side of the container.
q. The collection site person and the Employee shall be present at the same
time during procedures outlined in this section.
r. The collection site person shall place securely on the container an
identification label (usually supplied by laboratory) which contains the
date, the Employee's specimen number, and any other identifying
information provided or required by the Employer.
S. The Employee shall initial the identification label on the specimen
container for the purpose of certifying that it is the specimen collected
from him /her and as attestation that the specimen has not been
adulterated or substituted.
t. The collection site person shall enter in the "collection site book" all
information identifying the specimen. The collection site person shall
sign the collection site book next to the identifying information.
U. The Employee shall be asked to read and sign a statement in the
collection site book certifying that the specimen identified as having
been collected from him /her is in fact that specimen he /she provided.
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V. A higher level Supervisor shall review and concur in advance with any
decision by a collection site person to obtain a specimen under the direct
observation of a same gender collection site person based on a reason to
believe that the Employee may alter or substitute the specimen to be
provided.
W. The collection site person shall complete the chain -of- custody form (one
copy to be maintained in the collection site book).
X. The specimen and chain -of- custody form are now ready for shipment. If
the specimen is not immediately prepared for shipment, it shall be
safeguarded in a locked refrigerator accessible only by the collection site
person during temporary storage.
Y. While any part of the above chain -of- custody procedure is being
performed, it is essential that the specimen and custody documents be
under the control of the collection site person. If the collection site
person leaves his/her work station momentarily, the specimen and chain -
of- custody form shall be taken with him/her or shall be secured. After
the collection site person returns to the work station, the custody_process
will continue. If the collection site person is leaving for an extended
period of time, the specimen shall be packaged for mailing or pick -up
before he/she leaves the site.
7. Collection Control: To the maximum extent possible, collection site personnel
shall keep the Employee's specimen container within sight both before and after
the Employee has urinated. After the specimen is collected, it shall be properly
sealed and labeled. An approved chain -of- custody form shall be used for
maintaining control and accountability of each specimen from the point of
collection to final disposition of the specimen. The date and purpose shall be
documented on an approved chain -of- custody form each time a specimen is
handled or transferred and every individual in the chain shall be identified.
Every effort shall be made to minimize the number of persons handling
specimens.
8. Transportation to Laboratory: Collection site personnel shall arrange to ship the
collected specimens to the laboratory. The specimens shall be placed in
containers designed to minimize the possibility of damage during shipment (i.e.,
specimen boxes or padded mailers) and those containers shall be securely sealed
to eliminate the possibility of undetected tampering. On the tape sealing the
container, the collection site person shall sign and enter the date the specimen
was sealed in the container for shipment. The collection site person shall ensure
that the chain -of- custody documentation is attached to each container sealed for
shipment to the laboratory.
J. LABORATORY ANALYSIS PROCEDURES - URINALYSIS.
Security and Chain -of- Custody:
A -H
a. The testing laboratory shall be secure at all times, They shall have in
place sufficient security measures to control access to the premises and
to ensure that no unauthorized personnel handle specimens or gain access
to the laboratory or to areas where records are stored. Access to these
secured areas shall be limited to specifically authorized individuals
whose authorization is documented. Documentation of individuals
accessing these areas, dates, and time of entry and purpose of entry must
be maintained.
b. Laboratories shall use chain -of- custody procedures to maintain control
and accountability of specimens from receipt through completion of
testing, reporting of results, during storage, and continuing until final
disposition of specimens. The date and purpose shall be documented on
an appropriate chain -of- custody form each time a specimen is handled or
transferred, and every individual in the chain shall be identified.
Accordingly, authorized technicians shall be responsible for each
specimen or aliquot (portion of specimen) in their possession and shall
sign and complete chain -of- custody forms for those specimens or
aliquot's as they are received.
2. Receiving:
a. When a shipment of specimens is received, laboratory personnel shall
inspect each package for evidence of possible tampering and compare
information on specimen containers within each package to the
information on the accompanying chain -of- custody forms. Any direct
evidence of tampering or discrepancies in the information on specimen
containers and chain -of- custody forms attached to the shipment shall be
immediately reported to the Employer and shall be noted on the
laboratory's chain -of- custody form which shall accompany the specimens
while they are in the laboratory's possession.
b. Specimen containers will normally be retained within the laboratory's
accession area until all specimens have been analyzed. Aliquot's and the
laboratory's chain-of-custody forms shall be used by laboratory personnel
for conducting initial and confirmatory tests.
3. Short -Term Refrigerated Storage: Specimens that do not receive an initial test
within two days of arrival at the laboratory shall be placed in secure refrigeration
units. Temperatures shall not exceed 6 C. Emergency power equipment shall be
available in case of prolonged power failure.
4. Specimen Processing: Laboratory facilities for testing will normally process
specimens by grouping them into batches. The number of specimens in each
batch may vary significantly depending on the size of the laboratory and its
workload. When conducting either initial or confirmatory tests, every batch shall
contain an appropriate number of standards for calibrating the instrumentation
and a minimum of 10% controls. Both quality control and blind performance test
specimens shall appear as ordinary specimens to laboratory analysts.
5. Initial Test:
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a. The initial urine test shall use an immunoassay which meets the
requirements of the U.S. Food and Drug Administration for commercial
distribution. The following initial cutoff levels shall be used when
screening specimens to determine whether they are negative for these
five drugs or classes of drugs (specimens testing at or below the
following levels are considered negative):
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DRUG
INITIAL TEST LEVEL
Amphetamines
1000n 1
Cocaine Metabolites
300n 1
Marijuana Metabolites
50n MI
O late Metabolites
2,000n 1
Phenc clidine
25n 1
b. These test levels are subject to change by the U.S. Department of Health
and Human Services as advances in technology or other considerations
warrant identification of these substances at other concentrations. Any
such change will be adopted by the Employer.
6. Confirmatory Test:
a. All urine specimens identified as positive on the initial test shall be
confirmed using gas chromatography /mass spectrometry (GC/MS)
techniques at the cutoff values listed in this paragraph for each drug. All
confirmations shall be by quantitative analysis. Concentrations which
exceed the linear region of the standard curve shall be documented in the
laboratory record as "greater than highest standard curve value."
DRUG
CONFIRMATORY TEST LEVEL
AMPHETAMINES:
Amphetamine
500ng/Ml
Metham hetamine
500n MI
Cocaine Metabolites
150n MI
Marijuana Metabolites
15n Ml
Opiates
Metabolites
2,OOOng/M1
Codeine
2,000n 1
Phencyclidine
25ng/Ml
b. These test levels are subject to change by the U.S. Department of Health
and Human Services as advances in technology or other considerations
warrant identification of these substances at other concentrations. Any
such change will be adopted by the Employer.
7. Reporting Results:
a. The laboratory shall report test results to the MRO within an average of
five working days after receipt of the specimen by the laboratory. Before
any test result is reported to the MRO (the results of initial tests,
confirmatory tests, or quality control date), it shall be received and the
test certified as an accurate report by the responsible individual, the
report shall identify the drugs /metabolites tested for, whether positive or
negative, and the cutoff for each, the specimen number assigned by the
Employer and the testing laboratory specimen identification number.
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The results (positive or negative) for all specimens submitted at the same
time to the laboratory shall be reported to the MRO at the same time.
b. The laboratory shall report as negative all specimens, which are negative
on the initial test or negative on the confirmatory test. Only specimens
confirmed positive shall be reported positive for a specific drug.
C. The Employer may request from the MRO and the laboratory shall
provide quantification of test results. The Employee may request, from
the Employer, copies of the test results.
d. The laboratory shall send only to the MRO a certified copy of the
original chain -of- custody form signed by the individual responsible for
day -to -day management of the testing laboratory or the individual
responsible for attesting to the validity of the test reports.
Unless otherwise instructed by the Employer, in writing, all records
pertaining to a given specimen shall be retained by the testing laboratory
for a minimum of two years.
8. Long -Term Storage: Long -term frozen storage ( -20 C or less) ensures that
positive specimens will be available for any necessary retest during
administrative or disciplinary proceedings. Unless otherwise authorized in
writing by the Employer, the laboratory shall retain and place in properly secured
long -term frozen storage for a minimum of one year all specimens confirmed
positive. Within the 1 year period the Employer may request the laboratory to
retain the specimen for an additional period of time but, if no such request is
received, the laboratory may discard the specimen after the end of 1 year, except
that the laboratory shall be required to maintain any specimens under legal
challenge for an indefinite period.
9. Retesting Specimens: Because some analytes deteriorate or are lost during
freezing and /or storage, quantification for a retest is not subject to a specific
cutoff requirement but must provide data sufficient to confirm the presence of the
drug or metabolite.
10. Subcontracting: The laboratory shall not subcontract and shall perform all work
with their own personnel and equipment unless otherwise authorized by the
Employer. The laboratory must be capable of performing testing for the five
classes of drugs (amphetamines, cocaine, marijuana, opiates and phencyclidine)
using the initial immunoassay and confirmatory GC/MS methods specified in the
Procedures.
K. ALCOHOL TESTING PROCEDURES.
Screening test: (after positive ID and explanation of procedure):
a. First: BAT completes Step 1 of the Breath Alcohol Test Form ( "Form ");
identifying information;
• use ballpoint pen, press hard;
• print Employee's name
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b. Next: BAT instructs Employee to read and complete step 2. (also read
back of copy 2); (Submission of SSN is not mandatory - it's voluntary.
No one will be denied the rights, benefits or privileges of law if they
refuse to provide their SSN.)
C. Next: Employee completes Step 2 of the Form;
• Employee must sign certification; failure to do so is the same
as refusal (consequences same as positive test).
• if Employee fails to sign, BAT notes that fact in remarks
section of Form.
• if Employee refuses to sign STOP test and contact Employer
representative;
d. Next: BAT opens sealed mouthpiece in view of Employee and attach to
EBT per mfgr. instructions.
e. Next: BAT instructs Employee to blow forcefully
for at least 6 seconds or EBT indicates an adequate amount of breath has
been obtained.
f. I£, EBT cannot print or sequentially number tests do the following:
(1) BAT shows Employee the result;
(2) BAT shall record:
- displayed result;
- test number;
- testing device;
- serial no. of EBT;
- time & quantified result in step 3 of form;
(3) In the log book, record the following: ,
- test no.;
- date of test;
- name of BAT;
- location of test;
- quantified test result (exactly as indicated on EBT, i.e., 0. 00,
0. OZ 0. 02, etc.)
- Employee shall initial logbook. failure to initial is not a
refusal. see §40.63(e)(2). (Compare to paragraph 40.63(a);
refusal to sign Step -2 considered a refusal to test.)
g. If, EBT can print, but not directly on Form, BAT shall:
(1) show Employee the result displayed on EBT;
(2) affix result to Form where appropriate.
(3) tamper proof tape shall be placed over print -out.
h. If, EBT prints directly to the Form BAT shows displayed result to
Employee.
If, result is less than 0.04:
(1) BAT shall date and sign certification in step 3.
(2) Employee shall sign certification and complete step 4.
A -16
j. If, test is invalid (per §40.79, i.e., printout and displayed result do not
match) then
- BAT shall note disparity in the remarks section of Step 3;
- BAT and Employee shall initial remark.
- Employer and Employee shall be notified of the test's
invalidity.
k. If, result is below 0.04 BAT completes Form; confidentially transmits
result as negative to Employer.
- Employer must retain and store the result in confidence.
1. If, result is 0.04 or greater it must be confirmed; if confirmation will be
conducted by another BAT, screening BAT shall complete and sign
Form and log book. BAT gives Employee Form copy No.2 (GREEN).
2. Waiting period:
a. First: If BAT is not same as one conducting screen, then must follow ID
rules and explanation as described above §40.61. (positive ID and
explain procedures) and complete new Form. (Form completion
procedures of paragraph 40.63(a) shall be followed.)
b. Next: BAT tells Employee not to eat, drink, or put any substance in
his/her mouth and to the extent possible not belch during waiting period;
Next: Waiting period is 15 minutes beginning when screening test is
completed. Confirmation test must then be administrated in the next 5
minutes (20 minutes total after screen test).
d. Next: BAT explains the need for waiting period. (For instance that the
waiting period is for their benefit to avoid any artificially high results due
to residual alcohol in the mouth.) Also explain that regardless of
whether Employee obeys instruction, test will be conducted at end of
waiting period.
e. Next: If Employee disobeys instructions BAT notes this in remarks
section of Step 3.
3. Confirmation test: Can only be conducted on EBT that prints.
a. Next: BAT performs air blank (0.00). If it is other than 0.00, another
air blank shall be run. If still other than 0.00 testing shall stop on that
machine. It may proceed on another, if available. (Any machine failing
the air blank must be taken out of service until externally calibrated. If
BAT fails to perform an air blank before administering a confirming test
the result is invalid.)
b. Next: New mouthpiece used.
c. Next: If screen and confirmation result differ, confirmation result is the
final result.
A -V
d. Next: If EBT does not print directly to Form:
• BAT shows result displayed by EBT;
• BAT then affixes printed result on Form in designated space.
• printout when affixed shall be by tamper - evident tape.
C. Next: If EBT does print directly to Form.
• BAT shall show result displayed on EBT before printout.
f. Next: If printout and display differ the test is invalid ( §40.79). BAT
notes disparity in remarks section (Part 3) and both BAT and Employee
initial or sign the notation.
g. Next: Employer and Employee are notified of test's invalidity.
h. Next: BAT dates and signs certification - Step 3.
L Next: Employee dates and signs certification - Step 4. (Failure to sign
is not equal to refusal. But see paragraph 40.63(a); failure to sign Step -2
certification is considered refusal to test.)
A -18
FORM
Date:
EMPLOYEE NOTIFICATION LETTER
Dear Employee:
On September _ , 2005 the VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT (the
"Employer ") and the Buffalo Grove Professional Firefighter /Paramedic Association, Local 3177,
IAFF, AFL -CIO, CLC, ratified a revised drug/alcohol use policy and procedures (the "Policy ").
This Policy enhances already existing Employer prohibitions of the use of illicit or inappropriate
drugs (herein referred to as prohibited substances. Specifically, it is the policy of the Employer
that the use, sale, purchase, transfer, possession or presence in one's system of any prohibited
substance (except medications prescribed by a licensed physician), including alcohol (unless
otherwise permitted by Fire department rules), by any Employee while on fire department
premises, while engaged in fire department business, while operating fire department equipment
and vehicles (including leased vehicles) is strictly prohibited. This Policy supersedes all prior
policies and statements relating to prohibited substances. The Employer will notify and cooperate
with law enforcement agencies in the investigation of any Employee suspected of possession of
or trafficking in illicit or inappropriate drugs. Any Employee convicted of on-the-job, possession
of or trafficking in illicit or inappropriate drugs, or of driving intoxicated will be terminated.
Under the procedures adopted, Employees will be subject to testing where the circumstances
establish that reasonable suspicion of prohibited substance use exists. Employees will also be
required to submit to testing following on-the-job accidents or injuries. Refusal to submit to a
properly given request to submit to testing will be considered a violation of Employer policy
subjecting the Employee to immediate discipline.
In addition, should the federal, state or local rules be revised to include /permit additional testing
or limit such testing, the Employer's policy will be revised to comply with those rules.
Every safeguard will be taken in the specimen collection process to ensure that all federally
mandated chain -of- custody and laboratory criteria will be met. Employee privacy and
confidentiality will be vigorously safeguarded.
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT ADHERES TO A POLICY OF
NON - DISCRIMINATION AGAINST EMPLOYEES SUFFERING FROM ALCOHOLISM OR
DRUG ADDICTION IF PROTECTED UNDER FEDERAL AND STATE GUIDELINES.
Any Employee who is presently experiencing difficulty with prohibited substances is encouraged
to seek assistance through the Employee Assistance Program. If such assistance is sought prior to
being requested to submit to a test, no disciplinary action relating to alcoholism or drug addiction
will be taken.
BE FOREWARNED, courts have determined that current use of prohibited substances detected
by testing may not protect Employees claiming protection under handicap statutes.
The following drugs will be tested for:
ALCOHOL
AMPHETAMINES
COCAINE
MARIJUANA
OPIATE METABOLITES
PHENCYCLIDINE (PCP)
Any Employee testing positive for the use of prohibited substances will be subject to discipline,
up to and including, termination.
Very truly yours,
Village of Buffalo Grove Fire Department, and the Buffalo Grove Professional
Firefighter/Paramedic, Association, Local 3177, IAFF, AFL -CIO, CLC.
By: Terrence Vavra
Its: Fire Chief
FORM
ACKNOWLEDGMENT OF NOTICE
OF THE
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT
AND THE
BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION
LOCAL 3177, IAFF, AFL -CIO, CLC
DRUG /ALCOHOL USE POLICY AND PROCEDURES
AND
CONSENT TO TESTING
I, , acknowledge receiving written notice of the existence of the
Village of Buffalo Grove Fire Department (the "Employer ") and the Buffalo Grove Professional
Firefighter /Paramedic Association, Local 3177, IAFF, AFL -CIO, CLC, Drug and Alcohol Abuse
Policy (the "Policy ").
As a condition of continued employment or service to the Employer, I understand and agree that I
must not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with
illicit or inappropriate drugs or alcohol (unless otherwise permitted by fire department rules)
while on fire department premises, while engaged in fire department business, while operating
fire department equipment and vehicles (including leased vehicles).
I understand that the Policy does not apply to medication properly taken as prescribed by a
licensed physician, except as provided by the Policy.
I further understand and agree that I may be required to submit to testing on four occasions:
1. Where circumstances establish that reasonable suspicion of prohibited substance
use exists, or;
2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries
that require medical treatment away from the scene of the vehicle accident, or;
3. Following an on duty injury where the incident may be reported to any state or
federal governmental body (i.e., IDOL, OSHA, etc., not OSFM) or;
4. As a follow -up to prior prohibited conduct.
I understand, further, that refusal to submit to testing when requested to do so by a supervisor will
result in immediate discipline.
My signature below indicates my understanding of this Policy and what is expected of me, my
consent to be tested and my authorization to release to any collection site personnel, medical
review officer or Employer representative the information necessary to comply with this Policy.
(Date) (Employee Signature)
(Date) (Employer Signature)
FORM
LAST CHANCE AGREEMENT
FOR VIOLATION OF
DRUG /ALCOHOL USE POLICY
THE BUFFALO GROVE FME DEPARTMENT (the "Employer ") agreed to your request to seek
counseling and referral to a rehabilitation program for alcohol and drug use. The following
conditions apply to your rehabilitation program:
You must authorize the Employee Assistance Program to provide proof of enrollment in an
alcohol and drug abuse rehabilitation program and proof of attendance at all required sessions on
a monthly basis to the Fire Chief. The Employer will closely monitor your attendance and will
terminate you (cancel your agreement) if you do not regularly attend all required sessions.
You will pay for all costs of rehabilitation, which are not covered under the Employer's benefit
plan.
During the five years following completion of your rehabilitation program, the Employer, under
the direction of the Substance Abuse Professional, will test you for alcohol or drug abuse on an
unannounced basis, while on duty. The Employer will promptly terminate you (your services) if
you refuse to submit to testing or if you test positive during this five -year period.
You must meet all established standards of conduct and job performance. The Employer will
terminate you (your services) if your on-the-job conduct or job performance is unsatisfactory.
Satisfactory performance includes ongoing compliance with the drug testing policy, including
testing if there is reasonable suspicion of violation of the prohibition of use.
Nothing in this agreement alters your employment status. The Employer hopes its employment
relationship with you will be a happy and enduring one. Nevertheless, you remain free to resign
your employment (terminate your agreement) at any time for any or no reason without notice.
I voluntarily agree to all the above conditions and authorize the Employee Assistance Program to
provide the Fire Chief with proof of my enrollment and attendance at the recommended
rehabilitation program.
(Date)
(Employee Signature)
(Date) (Employer Signature)
FORM
BUFFALO GROVE FIRE DEPARTMENT
REPORT OF REASONABLE SUSPICION
OF THE
DRUG /ALCOHOL USE POLICY
(This form must be completed the same day the Employee is asked to take a test)
I (Staff Officer), and I (Lieutenant)
have observed behavior in (Employee) that is
consistent with the guidelines determining the need for reasonable suspicion drug testing as
defined in the Village of Buffalo Grove Fire Department (the "Employer ") and the Buffalo Grove
Professional Firefighter /Paramedic Association, Local 3177, IAFF, AFL -CIO, CLC, Drug and
Alcohol Abuse Policy.
The Employer will adhere to the following guidelines when determining the need for reasonable
suspicion drug testing: (Circle the observed behavior(s).
Direct observation of drug use while at work.
2. Direct observation of physical symptoms or manifestations of being in violation
of the Employer's Drug and Alcohol Abuse Policy while at work.
3. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance.
4. A report of drug abuse, provided by a reliable and credible known source, which
has been independently corroborated.
S. Evidence that an individual has tampered with a drug test during his /her
employment with the current Employer.
6. Information that an Employee has caused, or contributed to an accident while at
work.
7. Evidence that an Employee has used, possessed, sold, solicited, or transferred
drugs while working or while on this Employer's premises or while operating
this Employer's vehicle, machinery or equipment.
NOTES:
(Date)
(Staff Officer)
(Date) (Lieutenant)
(Date) (Fire Chief)
FORM
ACKNOWLEDGMENT, RELEASE AND CONSENT
OF THE
BUFFALO GROVE FIRE DEPARTMENT
DRUG /ALCOHOL USE POLICY AND PROCEDURES
I acknowledge that the Village of Buffalo Grove Fire Department (the "Employer ") and the
Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL -CIO,
CLC, has a Drug and Alcohol Abuse Policy (the "Policy ") and consent to the following:
As a condition for consideration of my application for employment, I agree to undergo screening
of my urine for illegal drugs. I further understand and agree that if employed, as a condition of
my employment, I will be required to submit to testing for the detection of prohibited substances
or alcohol based upon suspicion or following an accident, injury, spill or returning to work after
an absence of 30 days or more.
I consent to be tested and authorize any physician, laboratory, hospital or medical professional,
retained by BUFFALO GROVE FIRE DEPARTMENT, to release to any collection site personnel,
medical review officer or Employer representative the information necessary to comply with this
Policy. I release the physicians, laboratories and couriers or hospitals retained by the BUFFALO
GROVE FIRE DEPARTMENT, their Employees, agents, contractors and successors and assigns
from any liability whatsoever arising from the request to furnish the urine, the testing of the urine
sample and decisions made concerning continued employment based upon the results of the
analysis.
(Date)
(Date)
(Applicant Signature)
(Employer Signature)
Buffalo Grove Fire Department
Secondary Employment Policy /Disclosure
1. PURPOSE
The purpose of this policy is to set forth guidelines to administer off -duty or secondary
employment of personnel.
2. DEFINITIONS
a. Employment —The provision of service, reasonably anticipated to be reoccurring, in
exchange for a fee or other service, including self - employment. This includes any
employment in which another may financially benefit from the employee's work, e.g.
family member or other person receiving compensation for the work of the employee.
Employment does not include volunteer or charity work.
b. Conflict of Interest — Any secondary employment or duty that is illegal, inconsistent,
incompatible, or in opposition to the duties, functions, and /or responsibilities of
employment with the department.
c. Secondary Emplgymeni -- Secondary employment is any employment other than the
employee's regular employment with the department.
3. POLICY
The policy of the department is to provide guidelines to personnel concerning secondary
employment and the responsibility each employee has to these guidelines. This procedure
provides for accountability of personnel as well as the welfare of the department in general.
This will provide for the efficient operations of the department and for the protection of the
community.
The department has a legitimate interest in monitoring its personnel as it relates to secondary
employment and will require responsibility and accountability to the department and its
personnel so as not to create a conflict of interest for the department.
Prior to commencing any secondary employment, including self - employment, personnel must
submit a written request for such employment. All requests are subject to periodic review by
the Fire Chief and must be renewed on the first working day of each new calendar year.
Personnel shall communicate, in writing, any such change during the course of the year of
their secondary employment currently on file in the employee's personnel file. The
employee's request for secondary employment shall be on the prescribed Secondary
Employment form attached to this policy.
Personnel who are on medical or other leave due to sickness, temporary disability or duty
related injury shall not be eligible to engage in any secondary employment during that period
of time.
B -1
Work hours for all secondary employment must be scheduled in a manner that does not
conflict or interfere with the employee's performance while on duty.
Personnel who are employed by another fire department, fire protection district, fire
department functioning as a corporation, private ambulance firm, or other employment where
personnel function as a firefighter or a paramedic will be subject to the following conditions:
a. Scheduled duty time for the secondary employer will be provided to the Buffalo Grove
Shift Commander responsible for that employee on the first duty day of the month, for
the month. Any changes or modifications that occur after that will be submitted to the
Shift Commander.
b. The employee's schedule is subject to the approval of the Buffalo Grove Shift
Commander and may not interfere with the operations of the Village of Buffalo Grove or
the fire department.
c. Personnel will be restricted to the policy and provisions of the Buffalo Grove Fire
Department (S.O.P. 1:1.61) covering Consecutive Hours Worked. Including secondary
employment; no more than 48 hours of SHIFT WORK, or other fire department work
may be worked consecutively without a minimum of 12 -hours of documented time off
prior to reporting for any shift assignment, overtime, or any other special duty for the
department.
Personnel who fail to perform their respective duties adequately while on duty are subject to
the Rules and Regulations of the Buffalo Grove Fire Department where it is identified that
this was the source of the performance failure.
No employee shall solicit any person, business, or other entity for secondary employment
while performing their respective function or assignment for the Village of Buffalo Grove.
4. LIABILITY
The department shall not be responsible for medical expenses, losses, and /or costs incurred
from injuries sustained while the employee is working any secondary employment (see
Section 7.4 — When Taken reference sick leave use of contract).
The department shall not be responsible for workers compensation expenses, losses and /or
costs incurred from injuries sustained while the employee is working secondary employment.
The department shall not be responsible for any retirement, pension, or other type of
expenses, other than those provided for in Article IV for the downstate firefighters pension
fund incurred fiom injuries sustained while the employee is working any secondary
employment.
The department shall not be responsible for any third party liability incurred or created while
and employee is working secondary employment.
The department shall not be responsible for any expenses, losses and /or costs incurred for
defense of any criminal or civil liabilities against an employee that are a result of secondary
employment.
a -z
Buffalo Grove Fire Department
Secondary Employment Disclosure Form
( ) New Request ( ) Annual Renewal
If new request, anticipated starting date:
Is the purpose of your prospective off -duty employment to utilize your skills as a
Firefighter /Paramedic or any other component of the fire service?
( ) Yes ( ) No
If so,
a. I fully understand that pursuant to this agreement, I will not be granted
injury leave with pay if I become injured during my employment off -duty.
b. I am also aware that in this employment I am not to represent myself as a
firefighter /paramedic or other fire official during the performance of those
duties as a member of the Buffalo Grove Fire Department. I further
understand that any liability created through my off -duty secondary
employment shall be my responsibility and that I shall fully indemnify the
Buffalo Grove Fire Department and the Village of Buffalo Grove for all
associated costs with any legal action stemming from such off -duty secondary
employment. In addition, I accept the condition that I am not to use any
municipal equipment or utilize the municipal facilities or the municipal
records department in connection with my off -duty secondary employment.
Employee: Date:
Employer:
Address:
Telephone #:
Days: Hours:
Supervisor: Ext.:
Brief description of work performed:
Employee Signature
Fire Chiefs Signature Date
APPENDIX C - COMPARABLE COMMUNITIES
1.
Elk Grove Village
2.
Glenview
3.
Gurnee
4.
Highland Park
5.
Hoffman Estates
d.
Morton Grove
7.
Mount Prospect
8.
Mundelein
9.
Niles
10.
Northbrook
11.
Park Ridge
12.
Rolling Meadows
13.
Wheeling
14.
Wilmette
C -1
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
- I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
- _ Grove, Cook and Lake Counties, Illinois. I further
-_ certify that on, June 16, 2008 the Corporate
Authorities of the Village passed and approved
-_- Ordinance No. 2008 -42 AN ORDINANCE
AUTHORIZING THE VILLAGE MANAGER TO
ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT WITH THE BUFFALO GROVE
- _ PROFESSIONAL FIGHTFIGHTER/PARAMEDIC
ASSOCIATION provided by its terms that it should
be published in pamphlet form.
The pamphlet form of Ordinance No. 2008 -42,
- - - including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
- _ in and at the Village Hall, commencing on June 17,
2008 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 17TH day of
June, 2008.
=- - - Villa Clerk
-_ -_ -- BY
M
ORDINANCE NO. 2008- 42
AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT WITH THE
BUFFALO GROVE
PROFFESSIONAL FIREFIGHTER /PARAMEDIC ASSOCIATION
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Provisions of the
Constitution of the State of Illinois of 1970; and
WHERAS, in accordance with the Illinois Public Labor Relations Act, the Village of Buffalo Grove.
entered into good faith collective bargaining and has thus reached an agreement with the Buffalo Grove Professional
Firefighter/Paramedic Association, Local 3177, IAFF, AFL -CIO, CLC; and
WHEREAS, the resultant Agreement and its Exhibit, attached hereto, constitute the complete and entire
Agreement between the Village of Buffalo Grove and the Buffalo Grove" Professional Firefighter/Paramedic
Association and concludes collective bargaining between parties for the term May 1, 2008 to and through April 30,
2013.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
Section 1. The President and the Board of Trustees hereby accept the terms of the attached Collective
Bargaining Agreement.
Section 2. The Village Manager is authorized to enter into the Agreement with the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL -CIO, CLC.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES: 5 — Braiman Glover Berman Trilling, Rubin
NAYES: 0 — None
ABSENT: 1— Kahn
PASSED: June 16. 2008 APPROVED: June 16 2008
ATTEST:
Villa Jerk
Village President