Firefighter Substitutues Act

[GFPD2005]

How is your dept. integrating this? I imagine if primarily affects combination departments with full time union firefighters and volunteer, paid on call or part time firefighters.

From what I read it is permissive meaning that the union can refuse to negotiate on it and the only substitute firefighters the dept. could use would be off the eligibility list.

[Mangles]

What is this act? More details please.

[GFPD2005]

I cut the following from it.....Public Act 095-0490 Firefighter Substitutes. It is much longer than what I posted below but this part is the biggest factor affecting departments.

============================== =

In any fire protection district (municipal departments too) that employs full-time firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Section shall not be
used as a temporary or permanent substitute for certificated
members of a fire district's fire department or for regular
appointment as a certificated member of a fire district's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Fire protection districts
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.

============================== =======

Basically it says the dept. or district can only use people off the active eligibility list to temporarily or permanently substitute a regular full time firefighter. The union can agree to other substitutes only if it wants to as it is a permissive subject of bargaining. So say a full time member goes on vacation and they dept wants to cover it with a volunteer or contract firefighter. This is now illegal unless that volunteer or contract firefighter is on the eligibility list or the union agrees.

That is my interpretation. Someone please correct me if I am wrong.

[trendle]

It doesn't say "municipal departments too", you added that. I am not saying there is not another law that applies to muni depts, but this one specifically says fire protection districts and they are two very different things.

Also, it doesn't say you have to be on the list. It says you have to be qualified for regular employment. So, of age, right certs, etc. Whatever they require to be on the list, but it doesn't say you have to be on the list.

Canton, IL uses subs on a 6 month term when needed. You don't have to be on their list. They are a municipal department.

[GFPD2005]

Yes Trendle....I added that so I didnt have to add this....from the same Act but here you go.

In any municipal fire department that
employs full-time firefighters and is subject to a collective
bargaining agreement, a person who has not qualified for
regular appointment under the provisions of this Division 1
shall not be used as a temporary or permanent substitute for
classified members of a municipality's fire department or for
regular appointment as a classified member of a municipality's
fire department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Municipal fire departments
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.


How can you be qualified for employment if you are not on the list? I am not trying to be a smart *****, just asking the question.

[slipperypete]

As it relates to us it means that a part-time employee ( we have 5-6 ) cannot be used to fill a vacancy created by the absence of a Full-time employee. The part-time employee is considered "additional" personnel and not counted as manning for the day.

[trainer]

Ok I’m not a lawyer and from the way it reads I agree in most parts with it, however…and please correct me if I’m wrong, but this may affect MABAS calls as well. It’s the word substitute that bothers me for example if you go to a box alarm to a full time or union dept and do not have the certifications of the requesting dept, they may be able to tell you no. Now it’s not my intent to stir up a hornets nest with a paid-non-paid/union-non union departments but I do know this is a touchy and long standing issue with unions for fear of losing overtime by outside departments during a box.