APPEAL from the Circuit Court of De Kalb County; the Hon. REX
F. MEILINGER, Judge, presiding.
MR. JUSTICE LINDBERG DELIVERED THE OPINION OF THE COURT:
Rehearing denied June 11, 1979.
This is an appeal from an order of the Circuit Court of De Kalb County entering judgment on the behalf of the defendant, City of De Kalb, and against the plaintiffs who are members of the De Kalb Firefighters Association, Local 1236, International Association of Firefighters, AFL-CIO. The plaintiffs brought an action individually and on behalf of the Association for a mandatory injunction to cause the city to arbitrate the issue of additional pay for firefighters assigned duties of acting officers. The trial court examined the collective bargaining agreement between the parties and found that that was not an issue upon which the parties had agreed to arbitrate. We agree.
Section 102(a) of the Uniform Arbitration Act provides:
"On application of a party showing an agreement described in Section 1, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied." (Ill. Rev. Stat. 1977, ch. 10, par. 102(a).)
Article XXII of the party's collective bargaining agreement provides for a grievance and arbitration procedure. Any employee or group of employees of the fire department who feels aggrieved as a result of any condition arising out of the employer-employee relationship is to prepare a statement of the grievance for presentation to the fire chief; if the matter remains unsettled after a specified period of time the union may refer the matter to the city manager and, if the grievance is not satisfactorily settled the article provides for arbitration in the following language:
"THIRD. In the event that the Union Committee and the aggrieved are dissatisfied with the City Manager's decision and said grievance involves the interpretation or application of the express provisions of this Agreement, the Union may refer the matter to Arbitration by giving written notice of its desire to do so to the City Manager within ten (10) days (excluding Saturdays, Sundays, and Holidays), after the decision rendered pursuant to Step Two of the Grievance Procedure. If the Union has given proper notice to the City Manager of its desire to refer the matter to Arbitration the matter shall be settled as follows * * *."
Thereafter follows the procedure by which arbitrators are to be chosen and other details relating to the arbitration process.
Another provision of the collective bargaining agreement provides:
"Article XXXIV. ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement."
The collective bargaining agreement also provides:
Members shall be compensated in accordance with the rates set forth in Appendix `A' which is attached ...