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HomeMy WebLinkAbout84- Police Protective Association AGREEMENT THIS AGREEMENT, made this /VI day of July , 1984 , between THE CITY OF BOZEMAN , MONTANA, a Municipal Corporation, (hereinafter "Employer" ) and THE BOZEMAN POLICE PROTECTIVE ASSOCIATION (hereinafter "Association") : WITNESSETH : The parties mutually acknowledge and agree: 1 . PURPOSE: This Agreement is made to achieve and maintain harmonious and equitable relationships between Employer and Association, to set forth agreements between Employer and Association concerning conditions of employ- ment and to provide for peaceful and fair resolution of differences which may arise between Employer and Association. 2 . APPLICABLE LAW: This Agreement is subject to the terms of the Montana Collective Bargaining for Public Employees Act , M,C.A. , Section 39-31-101 , et seq. , and the Metropolitan Police Law, Title 7 , Chapter 32 , Parts 2 and 41 , M.C.A. Should any provision of this Agreement be in conflict with either of said acts or any other law of the State of Montana, the law of the State shall prevail. 3 . RECOGNITION: Employer recognizes the Bozeman Police Protective Association as exclusive bargaining agent for all Police Officers of the City of Bozeman except Captains , Assistant Chiefs and the Chief of Police . New Police Officers of the City of Bozeman shall be entitled to the benefits of this Agreement upon employment with the City of Bozeman. 4 . MINIMUM STANDARDS : This Agreement is intended to set forth only minimum standards of benefits to Associa- tion . Employer may increase any benefit within or beyond the scope of this Agreement without further negotiations with Association. 5 . HOURS OF WORK AND OVERTIME: (a) Hours of Duty: (1) 40-hour week; (2) Four 10-hour days (15-minute briefing included) ; (3) Three consecutive days off in a 7-day period . (b) Work Schedule : (1) 10-hour shift; (2) One 40-minute meal period; (3) Two 20-minute rest periods; (4) Schedule posted in advance for convenience of the employee. (c) Overtime: (1) Time and one-half for over 10 hours per day; (2) Time and one-half for over 40 hours per week; (3) If the employee is required to appear before a judicial body: -2- a. immediately before or after the shift, it will be treated as an extension of the shift and overtime will be paid for actual hours worked in excess of the regular shift; b. if scheduled on the employee' s day off, a minimum of three hours will be paid at the overtime rate; c . if scheduled on a duty day, not immediately before or after the regular shift, a minimum of two hours of overtime will be paid . 6 . MANAGEMENT RIGHTS: Subject to the laws of the State of Montana. The right to hire , lay off, promote , demote , transfer, discharge for cause , maintain discipline, require observation of City rules and regulations , and maintain efficiency of the employees is the sole responsibility of the Employer , provided that Association members shall not be discriminated against as such , and the Employer shallnot exercise these rights in violation of the provisions of this Agreement. In addition , the Employer has the exclusive duty and right to manage its affairs , direct the working forces, schedule the work, and all other rights granted to the employer under State Law. Neither the Association nor the Employer shall discriminate against its employees or applicants for employment on the basis of color , race, sex, creed, age, or Association affiliation. The foregoing enumeration of the Employer' s Management Rights shall not be deemed to exclude other functions not specifically set forth. The Employer , therefore , retains all rights not otherwise specifically covered by this Agreement. -3- 7 . HEALTH , SAFETY AND WELFARE: (a) The health and safety of employees will be reasonably protected while in the service of the Employer; (b) The Employer shall continue to maintain and make available to its regular employees covered by this Agreement , the health and welfare benefits presently maintained by the Employer , upon overall terms and conditions not less favorable to its employees than those currently provided by the Employer , at no cost to employees; 8 . RULES AND REGULATIONS: Each employee agrees to comply with Police Department rules and regulations. Employer agrees that employee claims of unjust or unfair treatment under department rules and regulations shall be subject to grievance procedure. 9 . SETTLEMENT OF DISPUTES--GRIEVANCE AND ARBITRATION: A grievance is defined as an alleged violation of a specific term of this Agreement or a dispute regarding an interpretation of the Agreement. A grievant shall mean an individual employee, the Association or the Employer. -4- There shall be no reprisals of any kind against any party in interest for reasons of participation in the grievance procedure. Grievances shall be processed as rapidly as possible; the number of days indicated at each step shall be considered as maximum, and every effort shall be made to expedite the process , except that any grievance shall be processed during the period in which the parties involved are available . A grievant must file a grievance within twenty (20) calendar days of the alleged act or knowledge of the act , whichever is later . Each grievance will be submitted separately except in cases wherein both the Employer and the Association mutually agree to have more than one grievance handled in one hearing . THE ASSOCIATION AGREES, IN CONSIDERATION OF THE ARBITRA- TION PROCESS OUTLINED HEREIN, THAT UPON CONSUMMATION AND DURING THE TERM OF THIS AGREEMENT, NO POLICE OFFICER SHALL STRIKE OR RECOGNIZE A PICKET LINE OF ANY LABOR ORGANIZATION WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES . THE PARTIES TO THIS AGREEMENT AGREE TO SELECT A STANDING ARBITER TO HEAR ALL GRIEVANCES WHICH HAVE NOT BEEN RESOLVED BY THE GRIEVANCE PROCEDURE. -5- THE STANDING ARBITER SHALL BE SELECTED BY MUTUAL AGREE- MENT. IF A UNANIMOUS SELECTION IS NOT POSSIBLE, THE TWO SIDES WILL JOINTLY REQUEST A LIST OF FIVE NAMES FROM THE STATE BOARD OF PERSONNEL APPEALS. A COIN TOSS SHALL DETERMINE THE ORDER OF SELECTION BY THE TWO PARTIES . EACH PARTY WILL ALTERNATELY CROSS OFF ONE UNTIL ONLY ONE NAME REMAINS . THIS PERSON SHALL THEN BE DESIGNATED AS THE STANDING ARBITER TO ARBITRATE UNRESOLVED GRIEVANCES . THIS SELECTION PROCESS SHALL BE COMPLETED WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THE LABOR AGREEMENT. IT IS MUTUALLY AGREED THAT ONCE SELECTED , A STANDING ARBITER WILL SERVE UNTIL FORMALLY REPLACED. IF EITHER PARTY WISHES TO CHANGE THE ARBITER, A WRITTEN NOTICE OF CHANGE SHALL BE SUBMITTED TO THE OTHER PARTY . ANOTHER ARBITER SHALL THEN BE SELECTED AS IN THE ABOVE PROCEDURE FOR ALL GRIEVANCES FILED AFTER THE NOTICE OF CHANGE HAS BEEN SUBMITTED TO THE OTHER PARTY. GRIEVANCES SUBMITTED BY EITHER THE ASSOCIATION OR THE EMPLOYER WILL BE SUBJECT TO THE ARBITRATION PROCESS HEREIN PROVIDED. MANAGEMENT GRIEVANCES , SHOULD THEY OCCUR AS A RESULT OF OFFICIAL ASSOCIATION ACTIVITIES OR ACTIONS , WILL BE PRESENTED DIRECTLY BY THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO THE PRESIDENT OF THE ASSOCIATION WITHIN -6- TEN (10) CALENDAR DAYS OF THE OCCURRENCE PROMPTING THE GRIEVANCE , OR WITHIN TEN (10) CALENDAR DAYS OF THE DATE UPON WHICH THE CITY MANAGER BECAME AWARE OF THE SITUATION PROMPTING THE GRIEVANCE. THE PRESIDENT OF THE ASSOCIATION WILL PROVIDE A WRITTEN ANSWER WITHIN FIVE (5) DAYS . Step 1 : An employee with a grievance shall discuss it first with his shift Captain. Every effort shall be made to resolve the grievance in an informal manner . In the event the grievant is not satisfied with the disposition through informal discussion, he shall reduce his grievance to writing indicating the specific term (s) violated or misinterpreted, relief sought, sign , and within five (5) days present it to the Association. Step 2 : The Association , upon receipt of the written and signed petition, shall determine if a grievance exists . If no grievance exists , in their opinion, no further action on the part of the Association is necessary; however, the employee may proceed to Steps 3 and 4 without sanction of the Association. Step 3 : A grievance not resolved in the preceding steps may be presented to the Chief of Police. The Chief shall meet with the grievant and shall provide the grievant with a written disposition of the grievance within five (5) calendar days of the meeting . -7- Step 4 : If the Association or the employee remains dissatisfied after pursuing the preceding step, the Association or the employee will have ten (10) calendar days to appeal the Chief ' s decision to the City Manager or his designee. The City Manager will have ten (10) calendar days to furnish a written reply to the party concerned. THIS IS THE FINAL STEP IN THE GRIEVANCE PROCESS FOR AN EMPLOYEE WITH A GRIEVANCE NOT SANCTIONED BY THE ASSOCIATION . Step 5 : The Association and the Employer agree to submit to arbitration any grievance which has not been resolved through the above enumerated grievance steps and procedures , provided it is submitted within ten (10) calendar days following its termination in the grievance procedure. The Association or the Employer will notify the other party in writing that the matter is to be submitted. The arbiter shall hear the case within ten (10) calendar days after its initial presentation. The arbiter shall follow the expedited rules of the American Arbitration Association. The arbiter shall have no authority to extend , alter or modify this Agreement or its terms . The arbiter shall limit his findings and recommendations solely to specific terms of this Agreement and applications of such terms herein set forth. THE ARBITER SHALL HAVE NO POWER TO EXTEND THE AGREEMENT IN THE -8- AREA OF WAGES , FRINGE BENEFITS , PERSONNEL STRENGTH LEVELS , OR OTHER ITEMS OF COST. THE ARBITER SHALL MAKE A WRITTEN REPORT OF HIS FINDINGS OF FACT AND RECOMMENDATIONS , INCLUDING THE BASIS IN LAW, IF ANY, FOR SUCH RECOMMENDA- TIONS , TO THE EMPLOYER AND THE ASSOCIATION WITHIN TEN (10) CALENDAR DAYS AFTER THE FINAL HEARING IS CONCLUDED. THE ARBITER MAY MAKE THIS REPORT PUBLIC 10 DAYS AFTER IT IS SUBMITTED TO THE PARTIES . IF THE GRIEVANCE IS NOT RESOLVED WITHIN 20 DAYS AFTER THE REPORT IS SUBMITTED TO THE PARTIES , THE REPORT MUST BE MADE PUBLIC . THE ARBITER 'S ROLE IN THIS GRIEVANCE PROCEDURE SHALL BE ADVISORY IN NATURE AND SHALL NOT BIND EITHER OF THE PARTIES. It is mutually agreed that representatives of the Employer and the Association are the only proper parties to the Arbitration proceedings , and the proceedings shall not be open to the public . The Employer and the Association shall each bear their own expenses in the processing of a grievance. The two parties shall share equally the cost of the arbiter. Failure of either party to comply with the time limits set forth above will serve to declare the grievance as set- tled based upon the last request or last answer provided, and no further action shall be taken. The time limits as specified may be extended by mutual consent of the parties . -9- 10 . HOLIDAYS: Each employee who works the majority of the shift on any of the below scheduled holidays shall be compensated at the rate of time and one-half (1 1/2) his regular rate of pay . In addition, each employee shall be compensated for all the hereinafter specified holidays occurring during the calendar year , at the rate of eight (8) hours ' pay for each holiday; the said extra holiday compensation shall be paid to the employee even though he has not actually worked on all the below specified holidays . Such payment to be made by separate check on November 30 . Compensated Holidays: 1 . January 1 New Year ' s Day 2 . February 12 Lincoln' s Birthday 3 . Last Monday in February Washington ' s Birthday 4 . Last Monday in May Memorial Day 5 . July 4 Independence Day 6 . First Monday in September Labor Day 7 . Second Monday in October Columbus Day 8 . November 11 Veteran' s Day 9 . Fourth Thursday in November Thanksgiving Day 10 . December 25 Christmas Day 11 . Every day in which a general election is held throughout the State of Montana . 11 . SALARIES AND WAGES: (a) Wage increases effective July 1 , 1984 . (b) Salaries and pay rates are contained in Addendum "A" to this Agreement , which is attached hereto and by this reference made a part hereof as though fully set forth herein. -10- 12 . DUES: The Employer agrees to deduct , once each month , dues or assessments from the pay of those employees who individually request, in writing, that such deduction be made. The total amount of deductions shall be remitted monthly by the Employer to the Secretary of the Association. 13 . TERM OF AGREEMENT: This Agreement shall be effective 1 July 1984 and shall remain in full force and effect until its termination date of 30 June 1985 . This Agreement shall terminate on June 30 of each year. Each party reserves the right to notify the other party in writing of their desire to renew this Agreement for a successive one (1) year term. Such notice to be made on or before sixty (60) days prior to the termination date set forth above. Should either party , having been notified of the proposed one (1 ) year renewal period, fail to respond within twenty (20) days , this Agreement shall be terminated as provided above. 14 . SUPPLEMENTAL AGREEMENT: This Agreement may be amended , providing both parties concur . Supplemental agreements may be completed through negotiations at any time during the life of this Agreement. Either party may notify the other party in writing of its -11- desire to negotiate. Supplemental agreements , thus completed , will be signed by the Bozeman Police Protective Association and City officials . Should either party , having been notified of the proposed supplemental agreement fail to reply within sixty (60) days , the supplemental agreement shall become a part of this Agreement and subject to all of the provisions contained herein. 15 . RESIDENCY: Employees shall comply with the residency requirement as established by Ordinance of the City of Bozeman. IN WITNESS WHEREOF , the parties hereto have set their hands the day and year hereinabove set forth. BOZEMAN POLICE PROTECTIVE ASSOCIATION / / . / / ---( - --/( ii4•2,L, V/- , (4 /744!1, . President _. ,) Secretary L' CITY OF BOZEMAN (Q-- tt-Y11,_, 2i . (k) i C4 Manager -12- ADDENDUM "A" POLICE MONTHLY SALARY RATE SCHEDULE Monthly salary rates effective July 1 , 1984 : Classification Base Salary Lieutenant $1 ,927 . 00 Sergeant $1 ,848 . 00 Master Patrolman 1 , 747 . 00 Officer First 1 ,647 . 00 Officer Second 1 , 576 . 00 Patrolman 1 ,458 . 00 Probationary Officer (Second 6 months) 1 , 217 . 00 Probationary Officer (First 6 months) 1 , 121 . 00 Detective--Base salary + $50 per month clothing allowance to be paid semiannually on January 1 and July 1 each year. Payment to be contingent upon the furnishing of receipts for clothing purchases equal to or greater than 75 percent of payment claimed. Longevity: Each duly confirmed member of the Bozeman Police Division is entitled to longevity pay in addition to their base pay at the rate of $8 . 50 per month for each additional year of service up to and including the 20th year of additional service. Incentive pay: (1) Payment for first responder certification by the State of Montana maintained on a current basis $25 per month. (2) Post certification payment: Advance certificate $25 per month. Intermediate certificate $14 per month. A-1 ADDENDUM B The following conditions were agreed to between the parties to this contract on July 15 , 1983 , and are made a part hereof as Addendum "B. " 1 . Birthdays Members of the Bozeman Police Protective Association shall be entitled to take a day off work, without loss of pay and benefit . The employee shall give a thirty (30) day notice in writing to the staff member in charge of scheduling work hours . The day off will be at the convenience of the Department and the Employer will make an effort to grant the day off. If the requested date is not at the convenience of the Department , the employee will be credited with ten (10) hours comp time. 2 . State Convention Members of the Bozeman Police Protective Association will be allowed to attend the State Convention of the Montana Police Protective Association without loss of pay and benefits , providing the shifts are covered within the guidelines set forth in the Department Rules and Regulation Manual . The City of Bozeman agrees to pay mileage, registration, meals, and motel for two (2) delegates . The rates will he in accordance to State Statutes (State rates) . ADDENDUM C The following conditions were agreed to between the parties to this contract on July 10 , 1983 , and are made a part hereof as Addendum "C. " The City of Bozeman and the Bozeman Police Protective Association agree to the following: 1 . The City of Bozeman will supply refills for Cross pens to members of the Association as needed . 2 . The City of Bozeman will furnish and supply personal ticket clipboards for members of the Association. 3 . The City of Bozeman will furnish and supply to members of the Association , two (2) of the following items on an as-needed-basis : a. Oxford b. Regular work boot c . Duty winter boot 4 . The City of Bozeman and the Bozeman Police Protective Association agree that the City will pay for medical exams on a biannual basis, the first to be completed in the spring of 1984 . The second exam must be completed in the spring of 1986 .