POLICE PATROL CONTACT
Effective July 1, 2003 - Expiring June 30, 2005
Agreement
This Agreement made and entered into at Ferndale, Michigan, this 12th
day of December, 2005 by and between the City of Ferndale, Michigan, a
municipal corporation, 300 E. Nine Mile Road, Ferndale, Michigan, 48220,
hereinafter referred to as the "City" and the Ferndale Police Officers
Association, affiliated with the Police Officers Association of
Michigan, hereinafter referred to as the "Union".
Preamble
Whereas, it is the desire of both parties to this Agreement to
continue to work harmoniously and to promote and maintain high standards
between the City and the membership of Police Officers Association of
Michigan, which will serve the best interests of the citizens of
Ferndale.
Article I - Recognition
Section 1.
Pursuant to and in accordance with all applicable provisions of Act
379 of the Public Acts of 1965, as amended, the employer does hereby
recognize the Union as the exclusive representative for the purpose of
collective bargaining of all employees of the employer included in the
bargaining unit which are all patrolmen, meter patrolmen, traffic
control officers, detectives, specialists, and police dispatchers,
excluding all supervisors, office clerical and cadets.
Section 2.
The City recognizes and will not interfere with, restrain or coerce
employees in their right to self-organization, to form, join or assist
labor organizations, or to bargain collectively through representatives
of their own choosing, or to engage in concerted activities for the
purpose of collective bargaining. The employer will not permit any
other group or union to solicit membership or collect dues on the
employer's time.
Section 3.
The employer recognizes the established rights as explained by Act
379 and this contract, responsibilities, and values of the Union and has
no objection to its employees becoming members of the Union, responsible
in conjunction with the employer for making and keeping this contract.
Article II - Representation
Section 1.
The employees shall be represented by a committee of five (5)
members, one of whom shall be the chairman, who shall be elected in any
manner determined by the employees. This committee shall be
selected from a group of nominees on the seniority list.
Promptly following the effective date of this Agreement, the Union
and the City shall provide to each other a written list of names and
titles of their respective representatives and the capacity in which
they will function in regard to the grievance procedure, negotiations,
or other labor relations function, and will, from time to time, provide
prompt notice of any changes.
Section 2.
No discrimination: There shall be no discrimination against any
employee because of his membership in the Union, or because of his
acting as an officer or in any other capacity on behalf of the Union.
The parties recognize that the Employer and the Union are legally and
morally obligated to guarantee to all citizens a fair and equal
opportunity for employment and to these ends agree that no person shall
be denied employment or membership in the Union, nor in any way be
discriminated against because of sex, age, race, color, creed, national
origin, political or religious beliefs, handicapped condition or marital
status as provided by State and Federal laws as amended, except where
based on a bona fide occupational qualification.
Article III - Definition
The following terms are hereby defined as to the meaning to be given
to them within this labor agreement:
The term "employee" or "officer", when used hereinafter, shall
include all male and female employees represented by the Union in the
bargaining unit as above described.
The term "chief", when used hereinafter, shall mean the Chief
Executive and Administrative Officer of the department.
The term "patrol division", when used hereinafter, shall mean the
officers assigned to patrol operations and other bureaus assigned to the
patrol division.
The term "detective division", when used hereinafter, shall mean
those employees assigned to the detective division.
"Seniority", when used hereinafter, shall be defined as the
continuous length of employment in the police department as a sworn
officer.
"Seniority in grade", when used hereinafter, shall refer to the
length of service in any rank, classification or specialty.
Seniority in grade shall be used in any matter relating to preference
being given to any employee over another employee within any rank,
classification or specialty.
"Rules and regulations", when used hereinafter, shall be defined as
the Police Department rules and regulations, as approved by the Civil
Service Board and the City Council.
"Leave of absence", as hereinafter used, shall be defined as any
leave approved by the Chief of Police and the Civil Service Board and
not exceeding a period of one (l) year. Such leave shall be
without pay or benefits during the period of absence.
"The Civil Service Board", when used hereinafter, shall refer to the
Civil Service Board for the City of Ferndale.
"Grievance", when used hereinafter, shall be defined as any dispute
which may arise between the parties concerning the meaning, application
or interpretation of this Agreement.
The "normal work week", when used hereinafter, shall be defined as a
workweek consistent with that set forth in the work schedule.
Ordinarily, this shall consist of eight (8) hour days on either the
6-on/2-off or 6-on/4-off pattern.
"Callback", when used hereinafter, shall be defined as any time that
an officer is called back to duty by a superior officer, or their
designee, during such time as the officers shall be off-duty.
"Standby", when used hereinafter, shall refer to any period of time
that an officer is ordered by his superior officer, or designee, to
remain available for instant callback to duty during such time as the
officer is off-duty.
"Pension plan", when used hereinafter, shall refer to the City of
Ferndale Police and Fire Retirement System, including any modifications
of said system through the collective bargaining agreement.
Article IV - Joint Responsibilities
Section 1. No Strike - No Lockout
Under no circumstances will the Union cause or authorize or permit
its members to cause nor will any member of the bargaining unit take
part in any strike, sit-down, stay-in or slowdown, on any property of
the City or any curtailment of work or restriction of production or
interference with the operation of the City. Further, the Union
will not permit any curtailment of Police services by failure to report
to work, by either feigned or pretense of illness. In the event of
a work stoppage or other curtailment of production, the City shall not
negotiate on the merits of the dispute that gave rise to the stoppage or
curtailment until same is ceased.
In the event of a work stoppage, or other curtailment, the Union
shall, at the earliest possible time, instruct the involved employees in
writing that their conduct is in violation of the contract, that they
shall be disciplined up to and including discharge and instruction of
all such persons to immediately cease the offending conduct.
The City shall have the right to discipline up to and including
discharge, any employee who instigates, participates in or gives
leadership to any activity herein prohibited.
The City will not lockout any employees during the term of this
Agreement.
Section 2. No Coercion
Neither the City nor the Union shall interfere with, restrain, or
coerce employees either to join or refrain from joining the Union.
Section 3.
Prior to and during the negotiations of this Agreement, each party
made certain proposals to the other. Each party hereto agrees that
it has withdrawn all proposals made to the other that are not
incorporated in or covered by this Agreement, in whole or in part.
The withdrawal of these proposals, in whole or in part, is as much a
consideration for this Agreement as is the incorporation therein on
matters agreed on. Each party hereto hereby waives any right to
require the other to bargain on the subject matter of those proposals,
or on any similar proposals or on any other matter that might have been
included in or covered by this Agreement, but was not. It is the
intention of the parties that this Agreement, during its term, shall
cover all agreements between the parties concerning wages, hours and
conditions of employment that are to be in effect during the term of
this Agreement.
Article V - Union Dues and Initiation Fees
Payment by Check-Off
Effective the second pay period following the signing of this
Agreement, providing it is the first pay period of that month, eligible
employees who are members of Police Officers Association of Michigan may
tender the initiation fee and monthly membership dues by signing the
Authorization for Payroll Deduction Form.
During the life of this Agreement, and to the extent the laws of the
State of Michigan permit, the City of Ferndale agrees to deduct Union
membership dues levied in accordance with the Constitution and By-Laws
of the Union from the pay of each employee who executes or has executed
the "Authorization for Payroll Deduction" form.
Check-Off deductions under all properly executed "Authorization for
Payroll Deduction" forms shall become effective at the time the
application is signed by the employee and shall be deducted from the
first pay of the month and each month thereafter.
Police Officers Association of Michigan
AUTHORIZATION FOR PAYROLL DEDUCTION
Effective , I hereby request and authorize you to deduct from my
earnings the current initiation fee being charged by Police Officers
Association of Michigan and, effective the same date, to deduct from my
earnings once a month a sufficient amount to provide for the regular
payment of the current rate of monthly union dues, as certified by the
Union.
The amount deducted shall be paid to the treasurer of Police Officers
Association of Michigan.
This authorization shall remain in effect unless terminated by me by
written notice to the Union and Employer within thirty (30) days
immediately preceding the termination date of the existing
Union-Management Agreement, or termination of my employment.
(This space reserved for additional information when required.)
Employee's Signature
Street Address City, State, Zip
Article VI - Union Security
Section 1. Membership and Dues
It shall be a condition of continued employment after thirty (30)
days of service that all employees covered by this Agreement shall
either maintain membership in the association by paying the union dues,
initiation fees and assessments, if any, or a collective bargaining fee
at least equivalent to the union dues, initiation fees and assessments,
if any, for the cost of negotiating and administering this Agreement.
Any employee who has failed to either maintain membership or pay their
required collective bargaining service fee for a period of forty-five
(45) days shall not be retained by the City; provided, however, no
employee shall be terminated under this provision unless:
The association has notified the employee by a letter addressed to
his or her last known address, with a copy to the City, indicating he or
she has been delinquent for forty-five (45) days in payment, specifying
the current amount of delinquency and warning the employee that unless
the amount is tendered within ten (l0) calendar days of the date of the
letter, he or she will be reported to the City for termination from
employment; and,
The association shall furnish the City with written proof that the
foregoing procedure has been followed and shall supply the City with a
copy of the notice to the employee. The association shall further
provide the City, after the ten (l0) days notice, with written demand
that the employee be discharged in accordance with this provision and
provide the City an affidavit signed by the association treasurer
certifying that the amount of delinquency does not exceed the union
dues, initiation fees and assessments, if any, or collective bargaining
service fee for the cost of administering and negotiating this
Agreement.
All sums deducted from an employee's pay as provided for in this
Agreement shall be forwarded by the City to the treasurer of Police
Officers Association of Michigan and shall be made payable to the order
of the Police Officers Association of Michigan. In the event a
refund is due any employee for any sums deducted from wages earned and
paid to the association, it shall be the responsibility of the affected
employee to obtain the appropriate refund from the association.
The association shall indemnify the City against any and all claims,
demands, suits or other forms of liability which may arise out of or by
reason of action taken or not taken by the City for the purposes of
complying with the provisions of this Article.
Section 2. Representation of Probationary
Employees
Probationary employees shall be represented by the Union for matters
concerning wages and fringe benefits. It is the understanding that
the work of a probationary officer shall be under the close scrutiny of
the department and if found to be below the standards satisfactory to
the appointing authority, the probationary officer may be discharged. It
is agreed and understood that the Union will not represent any
probationary officer concerning actions taken by the department relating
to assignments, scheduling, amount of overtime worked, work performance
or termination of employment. Union representation may be afforded
by the Union solely as to disputes over pay, fringe benefits and, once
the officer is permitted to work alone, then as to disputes as to the
equitable distribution of overtime.
Article VII - Seniority
Section 1.
Seniority, as defined in this Agreement, shall accrue to permanent
full-time, certified sworn employees and shall be based upon total
continuous service with the Ferndale Police Department. Approved
leaves-of-absence without pay and layoffs shall not be cause for loss of
seniority. Provided, however, that such laid off employees, or
employees on leave without pay, excepting those employees on leave for
military service, shall not accrue seniority during their actual period
of layoff or leave. In computing the length of employment in the
department, time spent apart from employment in the department due to
resignation, discharge, suspension and layoff, shall not be included in
such computation of length of employment in the department service.
Each new patrolman, upon the completion of his probationary period,
which shall not be less than one (l) year duration, shall be placed on
the seniority list, as provided for in Section 2 of this Article, and
seniority shall accrue from the employee's first day of employment with
the City, as a police officer.
Section 2.
A current seniority list will be maintained by the employer. A
copy of the seniority list will be furnished to the Union committee.
Section 3. Job Posting
The Chief of Police shall appoint all detectives and specialists.
Such appointment shall be made on the basis of ability and merit.
The Police Chief continues to retain the right to assign.
The employee promoted will serve a one (l) year probationary period
and, if that person's performance is deemed unsatisfactory, that person
shall be reassigned to the patrol division.
Section 4. Loss of Seniority
An employee shall lose his seniority for the following reasons:
He quits or retires. Provided, however, that with respect to
such employee who quits, this provision shall not apply to whatever
rights such employee has heretofore enjoyed in connection with the
pension plan upon re-employment.
He is discharged for just cause including, but not limited to, any
violation of the rules and regulations of the police department and the
provisions of this Agreement and such disciplinary action is not
reversed through the procedures set forth in this Agreement.
If he is absent for one (l) work day without notifying the City or
having a justifiable reason for his absence.
If he gives a false reason to obtain a leave or if he fails to return
to work upon termination of any leave of absence.
If he is laid off for a period equal to his seniority at the time of
layoff or three (3) years, whichever is lesser.
Separation upon settlement covering total disability.
If he is absent for two (2) consecutive working days which may be
considered as a voluntary quit without notifying the employer. In
proper cases, exception may be made upon the employee producing
convincing proof of his inability to give such notice. In such
absence, the employer shall send a certified written notification to the
employee at his last known address that because of his unexcused absence
he has voluntarily quit the department and is no longer in the employ of
the City.
Section 5. Retention of Seniority Upon Promotion
Any employee who is promoted from this bargaining unit to the
Ferndale Command Officers' bargaining unit shall retain his departmental
seniority for the purposes of layoff. Any employee who is promoted
or transferred out of the bargaining unit to any civilian job with the
City of Ferndale shall retain his seniority for a period equal to his
seniority at the time of such transfer or three (3) years, whichever is
the less, in the event he is returned by the City to the bargaining
unit.
Article VIII - General Provisions
Section l.
The City will provide a form for reporting needed repairs of
equipment, as currently provided for. The Union may request a
conference with the Chief as to any problems concerning equipment
repairs.
Section 2.
There will be a bulletin board placed in a conspicuous place for the
use of the Union.
Section 3.
All employees will receive two (2) 15-minute coffee breaks during the
tour of their shift when possible.
Section 4.
The Employer agrees that the same right to re-employment which the
law affords to selective service employees inducted into the Armed
Services of the United States, will accrue to employees voluntarily
enlisting in such Armed Forces, providing each such employee notifies
the Employer of such enlistment when leaving his employment.
Section 5.
The rules of the Civil Service Board, as provided by the City
Charter, the departmental rules and regulations, and all general orders
and special orders of the department are hereby incorporated into this
Agreement by reference. Provided, however, that if any changes are
to be made, the Union shall be given notice of such changes and an
opportunity to provide input to such changes prior to their
implementation. The Union reserves the right to submit the
reasonableness of the rule change to the grievance procedure.
Section 6.
The City shall provide liability insurance which will continue (or
the City will become a self-insurer), with no deductible charged to the
employee, to protect the employees covered by this Agreement for losses
resulting from false arrest or detention. However, the City is not
compelled to defend an employee for false arrest or detention actions if
the employee was motivated by an unlawful intent or gross negligence.
It is further agreed and understood by the parties that the City of
Ferndale, or its agents, will defend members of the Ferndale Police
Officers Association from civil process which occurs as a result of the
officer performing his duty. However, this is contingent upon the
officer's obeying Federal, State, and local laws, as well as
departmental rules and regulations.
Section 7.
The cost of the printing and distribution of this Agreement shall be
paid for by the City.
Section 8.
This Agreement shall supersede all prior Agreements, and incorporate
all provisions negotiated and agreed upon.
Section 9.
If, by mutual agreement, the parties negotiate and agree upon
supplemental items, any such supplemental agreement shall be attached to
and made a part of this Agreement.
Section 10.
Any employee that either does, or may, as a part of his employment,
operate a city-owned motor vehicle must provide proof of a valid
Michigan operator's license to his supervisor. Any change in such
status must be reported immediately to the supervisor. Failure to
provide proof or report a status change may result in discipline.
Section 11.
Each employee shall be responsible for notifying the City, on
"membership and record change" forms, of any change in dependency or
beneficiary coverage, within thirty (30) days of said changes for
hospitalization and insurance purposes.
Section 12.
The President of the Local Union will be allowed one (1) weekend of
time off (sixteen [16] hours) with pay per year in order to attend the
Union's annual labor conference.
Section 13.
The parties agree to meet during the term of this Agreement and
negotiate in good faith concerning a physical fitness program. It is
understood that any program which may be agreed to will be non-punitive.
No program will take effect unless by mutual consent.
Section 14. - Educational Training
All officers shall be given 24 hours advance notice of educational
training. If an officer is not given 24 hours advance notice of the
training session, he may, at his discretion, refuse to attend that
training session.
Article IX - Layoffs
Section l. Definition
A layoff shall be defined as a process of reducing the number of
full-time employees of the bargaining unit, due to lack of work or
funds.
The City will notify the Union of the necessity for the extent of a
reduction in force and the reasons therefore as soon as the necessity
for such action and the extent of the reduction in force is determined.
The Union, upon request, shall be afforded an opportunity to meet with
the City to discuss the circumstances requiring the layoff and to
propose alternatives for City consideration.
Section 2. Order of Layoff
If any condition arises which necessitates a reduction in force in
the Union, such reduction shall be made in the first instance by laying
off probationary employees in the inverse order of their seniority.
If a further reduction in force is required, seniority will be the
determining factor in such layoffs.
Section 3. Notice of Layoff
The City shall notify affected employees within the bargaining unit
fifteen (l5) days in advance of the layoff.
Section 4. Order of Rehiring After Layoff
An employee shall be recalled from layoff to the same classification
and salary step he was on at the time of layoff. Such recall shall
be in the reverse order of layoff. All employees who have been
laid off shall be recalled from layoff in accordance with this section,
before any new appointments are made in this bargaining unit.
Provided however, that any employee recalled to work pursuant to the
provisions of this Article must be able and qualified to perform the
work required.
Section 5. Notice of Recall
Recall will be made by certified mail to the last address in the
employee's record. Employees who decline the recall or who, in the
absence of extenuating circumstances, fail to respond as directed within
two (2) weeks of the notice of recall shall be presumed to have resigned
and their names shall be removed from the seniority and preferred
eligibility list. Reasonable extensions of this period of time for
good cause may be granted by the employer.
Article X - Management Responsibility
Section 1.
It is recognized that the Management of the City, the control of its
properties and the maintenance of order and efficiency is solely a
responsibility of the City. Other rights and responsibilities
belonging solely to the City are hereby recognized, prominent among
which, but by no means wholly inclusive, are: The right to decide the
number and location of City facilities, work to be performed within the
unit, maintenance and repair, amount of supervision necessary, machinery
and tool equipment, methods, schedules of work, together with the
selection, procurement, designing, engineering, and the control of
equipment and materials and the right to purchase services of others,
contract or otherwise, to enter into mutual aid pacts with other
communities and expressly reserves the right to establish and maintain
Rules and Regulations governing the operation of the Police Department
and the employees therein, providing that such Rules and Regulations are
not in conflict with this Agreement.
Section 2.
It is further recognized that the responsibility of the Management of
the City for the selection and direction of the working forces,
including the right to hire, suspend, or discharge for just cause,
assign, promote, or transfer, to determine the amount of overtime to be
worked, to relieve employees from duty because of lack of work or for
other legitimate reasons is vested exclusively to the Employer, subject
only to the seniority rules, grievance procedure and other express
provisions of this Agreement as herein set forth.
Section 3. Job Security
It is the Employer's policy to use its own employees as much as
possible in the performance of work. The Employer will not
contract services from other law enforcement agencies or similar
agencies that would cause a reduction of present positions in the
bargaining unit. The Employer shall be free to adopt progressive
policies and make progressive changes. The Employer reserves the
right to accept assistance from other law enforcement agencies or
similar agencies in the event of an emergency.
Article XI - Grievance Procedure
Section l.
A dispute shall mean a complaint by the Union and/or an employee or
group of employees based upon an event, condition or circumstance under
which an employee works which is allegedly caused by violation or
misinterpretation of any of the provisions of this Agreement.
The primary purpose of the procedure set forth in this section is to
secure, at the earliest possible level, equitable solutions of
complaints or grievances. Both parties agree that proceedings
under this section shall be kept as informal and confidential as may be
appropriate.
It shall be the firm policy of the Employer to assure to every
employee an opportunity to have the unobstructed use of this resolution
of disputes procedure without fear of reprisal or without prejudice in
any manner to his employment status.
Section 2.
Step 1.
All disputes taken up with the immediate supervisor within ten (10)
business days (Monday through Friday) after the aggrieved or the Union
acquires knowledge of the incident giving rise to the dispute shall be
entitled to consideration.
An employee having a dispute shall first take the matter up with his
immediate supervisor except in those occasions when the alleged
grievance is against the immediate supervisor, wherein those grievances
will be filed with the next higher officer in the chain of command with
or without the employee's Union representative present, as the
employee's option. If the dispute is not settled to the
satisfaction of all concerned within ten (10) business days, the dispute
shall be submitted to Step 2 of the procedure.
Step 2.
If a satisfactory settlement is not reached in Step 1 (b), the
employee may, within seven (7) calendar days, file the complaint in
writing to the Chief of Police for review. The Chief of Police
shall furnish a written answer within seven (7) calendar days.
Step 3.
In the event the dispute is not settled in Step 2, the Union, through
its Secretary or President, shall have thirty (30) calendar days in
which to do either of the following:
The Union may process the grievance to the Civil Service Board for
the City of Ferndale by filing the appropriate notice with the clerk of
said Board. The determination made by the Civil Service Board
shall be final and binding on all parties. In those cases in which an
election is made to appeal to the Civil Service Board, the remedy of
arbitration shall be deemed forever waived.
The Union may invoke arbitration. Arbitration may be invoked
only in the following manner:
Notice to the other party within the thirty (30) days after receipt
of the disposition at Step 2 of intent to submit the issue to
arbitration. Following such notice of intent to arbitrate, the
parties shall attempt to select an arbitrator to arbitrate the disputed
issue or issues.
In the event the parties have not selected an arbitrator within ten
(l0) days of the date of notification of intent to arbitrate, or within
such other period of time which may be mutually agreed upon, an
arbitrator shall be selected in accordance with the rules, regulations
and procedures of the Federal Mediation Conciliation Service. The
decision of the arbitrator shall be final and binding on all parties.
The arbitrator may not add to, subtract from, change or amend any
terms of this Agreement and shall only concern himself with the
interpretation and application of the terms of this Agreement.
The expense of such impartial arbitrator shall be borne equally by
the Employer and the Union.
In those arbitrations involving discipline or discharge of employees,
the arbitrator shall determine if the discharge or discipline is for
just cause. He may review the penalty imposed and is empowered to
determine if the penalty is appropriate or unduly severe and he may
modify it accordingly.
The arbitrator shall have authority, in discharge and discipline
cases, to order payment of back wages and compensation for employees
which the employees would otherwise have received.
The arbitrator shall expressly be without power and authority to make
any decision:
Concerning the discipline or discharge of an employee for engaging in
a strike, slowdown or stoppage of work who exercises his right under
Section 6 of Act 336, as amended by Act 379 of the Public Acts of l965.
Granting any wage increase or decrease.
Establishing, deleting, or altering job description and position
classifications.
Granting any right or relief for any period of time whatsoever prior
to the execution date of this Agreement.
No settlement in any stage of the grievance procedure, except in
arbitration decision, shall be a precedent in any arbitration and shall
not be admissible in evidence in any future arbitration proceedings.
The decision of the arbitrator in a case shall not require a
retroactive wage adjustment in another case except by express agreement
of the parties.
There shall be no appeal from the arbitrator's decision, if made in
accordance with his jurisdiction and authority under this Agreement.
The arbitrator's decision shall be final and binding on the City, on the
employee or employees, and on the Union. The arbitrator shall
submit his decision in writing within thirty (30) days after the
conclusion of the hearings.
In the event a case is appealed to an arbitrator and he finds that he
has no power to rule on such case, the matter shall be referred back to
the parties without decision or recommendations on the merits of the
case.
Except as provided herein by letter or agreement between the parties,
the parties understand and agree that in making this contract they have
resolved for its term all bargaining issues which were or could have
been made the subject of discussion. The arbitration forum is
established to resolve disputes between the parties only over the
interpretation or application of matters which are specifically covered
in this contract and any supplemental agreements which are, or may
become, part of this Agreement and are not excluded from arbitration.
All proceedings before the arbitrator shall be conducted in
accordance with the voluntary labor relations rules of the Federal
Mediation Conciliation Service.
Upon receipt of any request for arbitration, each party shall select
a party to represent them on the Board of Arbitration. The
representative of the parties shall have advisor capacity. Each
party shall notify the other party in writing of such appointment.
Any dispute not appealed from a decision in one of the steps of the
above procedure to the next step, as prescribed, shall be considered
dropped.
In those cases wherein the Employer or Representative has failed to
answer any step or steps of the grievance procedure, on two (2) or more
occasions, within the time limits as set forth in this Agreement without
obtaining an extension, that grievance will be automatically granted.
Any step which is required to be answered within a specified time can
be extended by mutual agreement of the parties, which agreement, if made
other than before the arbitrator, shall be in writing. If made
before the arbitrator it may be verbal, but shall be noted as part of
the minutes of all proceedings involving the grievance.
The grievance procedure provided in this Agreement shall be the
exclusive remedy available to the employee and the Union as to matters
involving the interpretation or application of this Agreement.
Individual employees may however exercise their individual rights that
may be afforded to them under state or federal employment laws.
In terminal actions where the Union chooses to defend the employee
involved, the actions will be started in Step 2 of the above grievance
procedure.
Section 3.
Authorized Union Stewards shall be paid for time lost during working
hours in attending a grievance meeting with department representatives.
A union steward will be permitted to leave his job, upon request, and
after receiving approval by his supervisor for the purpose of
investigating a grievance in his assigned area. Such steward shall
report to his supervisor upon completion of his investigation and, if he
goes into the department of another supervisor, he must first notify
such supervisor of his presence. This right to receive pay for
time lost shall not be abused. The department will furnish cards
for the maintenance of records of the time spent hereunder.
Section 4.
Any complaints involving discharge or disciplinary action must be
filed in writing within seven (7) calendar days, and the Chief of Police
shall render a decision within seven (7) calendar days of its receipt.
Section 5.
Any employee who is reinstated after discharge and/or disciplinary
layoff shall be returned to the department in work of similar class at
the same rate of pay.
Section 6.
No claim for back wages shall exceed the amount of wages the employee
would otherwise have earned at his regular rate less any compensation he
may have received from any source of employment during the period in
question, but the officer shall not be required to offset pay received
in excess of forty (40) hours per week.
Section 7.
Notices of disciplinary and discharge action and the reasons
therefore shall be followed by the procedure set forth in this
Agreement.
Section 8.
An agreement reached between the Chief of Police and the bargaining
committee is binding upon all employees affected and cannot be changed
by any individual.
Article XII - Discipline and Discharge
Section 1. Definition and Types of Discipline
Disciplinary action shall be defined as any action taken by the City
against an employee for misconduct, including, but not limited to,
violation of Civil Service rules and regulations, violation of
department rules and regulations, violations of provisions in this
contract prescribing misconduct and conduct unbecoming a city employee.
Disciplinary action may consist of the following:
Oral reprimand
Written reprimand
Suspension without pay
Discharge
Institution of criminal charges
The term "disciplinary action" shall further be defined as any action
which would result in a loss of wages, fringe benefits, seniority, or a
lowering in rank or change in classification.
Section 2. Reports
The City may conduct investigations of alleged misconduct by an
employee and require a member of the bargaining unit to submit written
reports when ordered to do so by the supervisor. If any report
shows or tends to show that the employee submitting the report has
committed a crime, the use of such report shall not be used at any stage
in the criminal proceedings against the employee. The City may use such
reports in taking action and in defending such action with respect to
discharge or discipline of the employee. Failure of an employee to
complete the report when requested may result in disciplinary action.
Section 3. Corrective Counseling
In the interest of fair and expeditious corrective action, an
employee who has allegedly committed a violation of a minor nature
relative to their performance may be interviewed by management and given
corrective counseling. Corrective counseling shall not be
considered as disciplinary action.
Section 4. Charges of Misconduct
A formal charge of misconduct shall be in written form stating the
alleged violation against an employee. When an employee is charged
with misconduct which may result in suspension, reduction or dismissal,
he shall be given a copy of written and signed charges stating the
charges and specifications and advising him of his rights to be
represented by a union official at any conference, interview or hearing.
Section 5. Disciplinary Procedures
The City retains the right to discipline and/or discharge employees
for just cause only. The City agrees to notify the chairman of the
grievance committee in writing, as soon as it exercises its right.
The employee shall have the right to have a union representative
appear with him at every stage of the disciplinary process.
Before any disciplinary action is taken against an employee, he shall
be given an opportunity to state his position and offer any supporting
evidence immediately available to his supervisor who is recommending
such discipline.
The written charges and specifications underlying the discipline or
discharge shall cite the specific sections of rules and regulations,
departmental orders, appropriate law or ordinance, or provision of this
Agreement which the employee is alleged to have violated and a copy will
be given to the employee.
If the employer has reason to reprimand an employee, it shall be done
in a manner that will not embarrass the employee before other employees
or the public, wherever possible.
Employees are required to immediately report any suspension,
revocation or denial of their motor vehicle operator's license to their
supervisor.
An employee, upon being confronted with a written reprimand, is
required to acknowledge notice of said reprimand by his signature.
The signature of an employee on a written reprimand is not to be
construed as his agreement with the charges but is to be considered only
that he has knowledge that such a reprimand is in existence.
Section 6. Procedure in disciplinary actions where criminal charges
may be contemplated
Whenever any complaint or charge shall be brought against any
employee under any such circumstance that the facts alleged be true, the
employee would be guilty of a commission of a crime or offense under
state or federal law, or a traffic violation involving the death or
serious injury of a citizen, the following procedures shall be used for
the obtaining of statements in connection of such complaint:
The employee shall be given a written summary of the charges against
him.
Before he is interrogated or required to make any statements, he
shall be allowed an opportunity to obtain the advice of counsel.
Any order by any department supervisor to make a statement shall be a
written order, the violation of which would constitute grounds for
disciplinary action by the department.
The order and the statement shall be considered a private record and
shall not be made available, except under judicial subpoena, to any
other agent or agency without the consent of the employee.
Nothing in the foregoing procedures shall limit the right of the
department to use such statement for departmental disciplinary purposes.
The summary referred to in Paragraph A.1. above shall set forth the
name of the complainant, the time, date, place at which the alleged
offense occurred, and a description of the offense, provided however,
that this information is within the knowledge of the department at the
time the statement is being requested.
Section 7. Procedure for disciplinary action where criminal charges
are not contemplated
Whenever any investigation of any employee's violation of
departmental rules, orders or this contract is made by a complaint from
external or internal sources, the employee shall specifically have the
right of representation by the Union at every stage of the proceeding.
No charges shall be made against him and no written statement shall be
taken from him except under the following conditions:
The employee shall be given a written summary of charges against him.
Before he is interrogated or required to make any statements, he
shall be allowed the opportunity to obtain union representation,
including a reasonable amount of time to obtain the advice of legal
counsel when deemed necessary by the employee or the union.
Any order to make a statement shall be a written order, the violation
of which constitutes grounds for disciplinary action by the department.
The order and the statement shall be considered private records and
shall not be made available, except under judicial subpoena, to any
other agent or agency without the consent of the employee.
Nothing in the foregoing procedure shall limit the right of the
department to use such statement for departmental disciplinary purposes.
The summary referred to in Paragraph 1(a) above, shall set forth the
date, time, place at which the alleged offense occurred and a
description of the offense or incident, provided that this information
is within the knowledge of the department at which time such statement
is being requested.
Before any disciplinary action is taken, an officer shall have the
right to be informed of the name of the complainant and the right to
answer the charges in writing. Provided, however, that when deemed
necessary for the best interests of the department, the name of the
complainant may be withheld at the preliminary stages of the
disciplinary action. Such information shall be made available to
the officer and to the Union prior to the institution of any formal
hearing concerning the disciplinary action taken.
Section 8. Interviews by Supervisors
Whenever an officer is counseled concerning his supervisor's
evaluation or productivity, he shall not be entitled to union
representation. However, an employee shall be entitled to
representation by an appropriate steward or union representative at any
and all meetings at whatever stage disciplinary action is threatened or
contemplated, or from which meeting disciplinary actions will ensue.
Section 9. Suspension
An officer suspended during an investigation without pay will be
allowed to use accumulated time off during his suspension. When a
final decision has been made, accumulated time used in excess of penalty
shall be restored.
Section 10. Use of Past Record
In imposing any discipline on any current charge the employer will
not take into account any minor infractions of a similar nature
occurring more than two (2) years previously. All major
infractions shall remain a permanent part of the officer's personnel
file. Provided, however, that after five (5) years an officer may
request the expungement of such material from his personnel file the
removal of which is expressly discretionary on the part of the
department. After the period of one (1) year, the procedure will
be reviewed as to the effectiveness of this process.
Section 11.
The Department will implement a drug testing policy.
Article XIII - Leaves of Absence
Section 1.
Except as otherwise provided, a leave of absence without pay may be
granted to a full-time permanent employee for a period not to exceed one
year, provided that said employee has filed a written application with
the Civil Service Board. No leave of absence shall be granted to
any employee with less than one year service or within ninety (90) days
from reinstatement or return from layoff.
Upon expiration of the leave, the employee shall be reinstated to the
position held before the leave was granted.
The Civil Service Board shall review each written request for leave
and such leave shall be granted only when it will not result in undue
prejudice to the interest of the City as an employer beyond any benefits
to be realized.
No leave will be granted for the purpose of permitting employment
with another employer or to be self-employed except as provided in
Section 6 of this Article.
Section 2. Military Leaves
Leaves of absence without pay shall be granted to any full-time
regular employee who is inducted into or volunteers in the Armed Forces
of the United States for training or service. Said leave of
absence shall be for the duration of such time required for such
purpose, and for a longer period following the period of actual service,
to be decided by the Civil Service Board. Upon termination of such
service or at any time during the period decided by the Civil Service
Board following such service, the employee shall have the right to
return to his position, provided the position still exists and the
employee is still otherwise qualified. If the employee is unable
to return to the position within ninety (90) days following discharge,
it shall be within the discretion of the Civil Service Board as to the
length of time the position shall be held open for him. Such
employee shall not suffer any loss of seniority or demotion of any kind
whatsoever. Vacancies resulting from military service leaves
granted shall be filled only on a temporary basis.
Section 3. Funeral Leave
In case of death in the immediate family of a full-time employee,
funeral leave with pay shall be granted for a reasonable period under
the circumstances. For the purpose of this contract, a "reasonable
period" shall be defined as three (3) working days provided that the
funeral is to be held at a distance of less than 200 miles or more from
the City of Ferndale, a maximum up to five (5) working days shall be
granted by the Chief of Police, depending upon the distance to travel.
Provided further, that the employee so granted funeral leave under any
condition shall attend the funeral of the deceased.
"Immediate family" is defined as wife, husband, child, brother,
sister, parent, mother-in-law, father-in-law, grandparents of the
employee and employee's spouse, or other relative living in the same
household. Provided however, that in the case of the death of the
employee's spouse or child that the department may grant, at its
discretion, such additional time as may be necessary to wind up personal
affairs arising out of such death.
Section 4.
Failure of an employee to report immediately at the expiration of any
leave of absence shall constitute automatic termination of employment,
except as the Civil Service Board may extend such leaves as provided by
the Civil Service Board rules.
Section 5. Absence Without Leave
Any absence of any employee from duty, including any absence for a
single day or part of a day that is not authorized by a specific
granting of leave of absence, under the provisions of the Civil Service
Rules and this Agreement, shall be deemed to be an absence without
leave. Any such action shall be without pay and the employee may
be subject to disciplinary action. Any employee being absent for
one (1) working day shall be subject to disciplinary action. Any
employee being absent three (3) consecutive days without leave shall be
deemed to have resigned. Such absence may be covered by a
subsequent grant of leave if approved by the Civil Service Board.
In cases where absence is due to illness, the employee must advise the
officer in charge of the desk at least one (1) hour before the start of
his shift.
Section 6. Union Leave
Any employee elected or appointed as a Union Officer, or as a
delegate to any labor activity necessitating a leave of absence, shall
be granted such a leave of absence without pay for a period not to
exceed one (1) year as the employee holds union office or is involved in
such labor activity, provided at least thirty (30) days written notice
is given the employer. Provided, however, that no more than one
(1) employee from the bargaining unit may be off on this type of leave
of absence at any time, and that no more than one such leave shall be
granted to any individual.
Section 7. Family and Medical Leave Act
Effective August 5, 1993, an employee with one (1) year seniority and
who has worked at least 1250 hours during the past year, may be granted
an unpaid leave of up to twelve (12) weeks for one of the following:
Birth of a child.
Placement of child for adoption or foster care.
Caring for a spouse, child or parent with serious health condition.
Serious health condition of the employee.
Employees taking a family and/or medical leave under the Act will be
required to give Management thirty (30) days notice when possible, and
will be allowed to use up accrued sick leave, if approved by the Chief.
Use of any other paid time off such as personal days and vacation will
be at the discretion of the employer.
Article XIV - Hours of Work
Section 1. Overtime
Employees will be paid time and one half for all work in excess of
eight (8) hours in any one (1) day, excluding the 15-minute show-up
prior to each shift. Overtime credit shall be granted for time
worked 15 minutes or more beyond the end of the duty shift scheduled and
shall be adjusted to the closest 15-minute period of the hour.
Should the City re-implement the 15-minute show-up time before the
start of each shift, the officers shall be paid at the regular starting
time rate or compensatory time. However, if the 15-minutes are
re-implemented, a meeting will be held with the Union to explain how it
shall be implemented.
Section 2. Lunch
The lunch period each work day shall be one-half (l/2) hour.
Section 3.
The department reserves the right to establish daily work schedules
for employees different from the normal starting and quitting time, and
to assign employees thereto, unless otherwise provided in this
Agreement.
Section 4. Call-Back Time
Any time an employee is called back to work on his scheduled day off,
on any shift, he shall be paid at the rate of time and one-half for all
hours worked on that shift.
Section 5.
Each employee duty shift shall be posted, showing the employee's days
off and days for duty. Their shifts shall be for a minimum of
eight (8) hours duration.
Section 6.
An overtime list shall be kept up to date and posted quarterly.
Section 7.
All employees called for overtime work or called back shall receive a
minimum of two (2) hours of overtime at the appropriate overtime rate.
Section 8. "Stand By"
All employees specifically directed by the department to "stand by",
shall receive pay at the regular rate for the time spent on "stand by".
To "stand by" means that an employee is specifically instructed by the
department to remain available and on call for emergency purposes only.
Section 9. Court Appearance
When officers are required to appear to testify in court, they shall
be guaranteed a minimum of two (2) hours at the rate of time and
one-half for all time spent in court, and effective July 1, 1994, three
(3) hours if called back on their day off. If the court appearance
overlaps the officer's scheduled duty shift, the officer shall be
compensated at the rate of time and one-half only for that time spent in
court prior to and following his scheduled duty shift.
For Court appearances, all afternoon shift officers who are scheduled
to work at the regular starting time shall be paid for time spent in
Court at a rate of time and one-half (1 1/2) with a minimum of one (1)
hour, under the following conditions:
The case must be of a criminal nature or in conjunction with official
duties as a police officer, whether on or off duty and whether civil or
criminal in nature.
Officer must be off duty at court time.
He must register with the shift commander prior to court time and
immediately thereafter.
Section l0.
All overtime worked shall be credited as time and one-half. The
first thirty (30) hours of actual overtime work shall be credited to a
time bank on the basis of one and one-half. Thereafter, all
overtime accumulated over and above the required 45 hours in the bank
shall be paid in cash moneys. The overtime payment in cash shall
be made on a quarterly basis. Overtime credit shall be granted for
time worked 15 minutes beyond the end of the duty shift scheduled and
shall be adjusted to the closest 15-minute period of the hour.
Section 11. Overtime Bank Payment
During each fiscal year contained within the contract year, an
employee may request four (4) cash payments from his/her personal
overtime bank. This cash payment so requested may be equal to
thirty-nine and three-fourths (39.75) hours straight time pay and shall
be paid to any individual having the equivalent amount of time credited
to the overtime bank. In no event shall the request exceed the
amount that the individual has credited to the overtime bank.
The request may be made any time during the fiscal year, up to and
including, but not later than, June 1st of each fiscal year. The
payment will be made to the employee no later than fifteen (l5) calendar
days after the request has been made.
Section 12.
The City will grant an officer's time off request provided that when
and if the sick incident occurs, Command at its sole discretion, may
work one person below minimum strength before calling in a replacement
on an overtime basis. A time off request will be approved not later than
seven (7) days before the date for which time off has been requested,
but the approval may be rescinded in case of bona fide police emergency
as determined by the Chief of Police.
Article XV - Wages and Salaries
Section 1.
The wage tables below have been adjusted to show an annual increase
per year as follows: July 1, 2003 - 2.80%; July 1, 2004 - 2.00%.
Retroactive pay amounts for wages, shift differential, and/or
education incentive will be made to all members on the payroll as of the
date of the 2003-2005 contract signing.
PATROL OFFICER RATES
Start 1 Year 2 Year 3 Year
7/1/03 - 6/30/2004 44,724 47,408 50,252 53,267
7/1/04 - 6/30/2005 45,619 48,356 51,257 54,333
SPECIALIST RATES
Start 6 Mos.
7/1/03 - 6/30/2004 55,815 58,365
7/1/04 - 6/30/2005 56,932 59,532
Section 2. Uniform Cleaning Allowance
Officers will receive a uniform cleaning allowance in the amount of
$350 per year. Said amount will be paid at the same time as the
first regular pay in June.
Section 3. Shift Premium
Employees on Day shifts will receive a shift premium of 1% of wages.
Employees on Afternoon shifts will receive a shift premium of 2% of
wages. Employees on Midnight shifts will receive a shift premium of 3%
of wages. Effective July 1, 2000, shift premium will be: Day shift - 2%,
Afternoon shift - 3%, and Midnight shift - 4%. Shift premium will be
paid for hours for which a patrol officer is scheduled to work on a
shift for which shift premium applies. This shall not exceed two
thousand eighty (2080) hours annually. Shift premium will be paid
quarterly by separate check.
Section 4. Police Dispatcher
The Dispatchers shall be entitled to the following benefits:
The Dispatchers will be paid the following amounts during the period
from July 1, 2003 through June 30, 2005.
Start 1 Year 2 Year 3 Year
7/1/03 - 6/30/2004 30,134 31,942 33,858 35,890
7/1/04 - 6/30/2005 30,736 32,581 34,535 36,608
The vacation schedule will be as follows:
1 year 10 days
5 years 15 days
Sick days will be increased from five (5) to eight (8) annually.
Personal days will be increased from one (1) to two (2) per year.
Effective July 1, 1992, the number of personal days per year will be
increased to three (3).
Health insurance benefits will be provided as defined in Article
XVIII, Sections 1 and 2, provided, however, an MVF-1 Certificate will be
provided in lieu of an MVF-2 Certificate.
The City will provide the Dispatchers' uniforms.
The Dispatchers will be eligible for twelve (12) paid holidays.
The City will pay the premiums for the $20,000 life insurance policy
for the Dispatchers.
The Dispatchers will be eligible for Longevity payments per Article
XVI, Sections 2.
Dispatchers on all shifts will receive a shift premium of 1% of
wages. Effective July 1, 2000, shift premium will be 2%. Shift premium
will be paid for hours for which a dispatcher is scheduled to work. This
shall not exceed two thousand eighty (2080) hours annually. Shift
premium will be paid quarterly by separate check.
In addition to these economic benefits, the Dispatcher will be
covered by other non-economic provisions of the collective bargaining
agreement, i. e., seniority, grievance procedure, lay off and recall
procedure.
Section 5. - Deferred Compensation
Employees shall be allowed to participate in the City of Ferndale's
deferred compensation program. It is agreed by the parties that there
shall be no cost to the City of Ferndale for the employees participation
in the program.
Section 6. - Out of Class Pay
If any employee is performing work in a higher classification for 60
working days in any calendar year, then that employee shall be paid at
the higher rate starting the 61st working day and for each day
thereafter that he continues to work in the higher classification.
Article XVI - Longevity Pay
Section 1.
All employees hired prior to July 1, 1993 having completed five (5)
or more years of continued service shall be eligible to receive
longevity pay as follows:
Two percent (2%) of their base pay (excluding overtime and premium
pay) after the completion of five (5) years of service, capped at FYE-98
rates, or $875 for patrol officers and $961 for specialists.
Four percent (4%) of their base pay (excluding overtime and premium
pay) after the completion of ten (10) years of service; capped at FYE-98
rates, or $1,749 for patrol officers and $1,921 for specialists.
Six percent (6%) of their base pay (excluding overtime and premium
pay after the completion of fifteen (15) years of service; capped at
FYE-98 rates, or $2,624 for patrol officers and $2,882 for specialists.
Eight percent (8%) of their base pay (excluding overtime and premium
pay after the completion of twenty (20) years of service; capped at
FYE-98 rates, or $3,499 for patrol officers and $3,843 for specialists.
Section 2.
Patrol officers hired after July 1, 1993, and all dispatchers shall
receive longevity payments as follows:
After completion of five (5) years of service $ 500
After completion of ten (10) years of service 750
After completion of fifteen (15) years of service 1,000
After completion of twenty (20) years of service 1,250
After completion of twenty-five (25) years of service 1,500
Section 3.
Annual payment of longevity benefit to each employee shall be made on
the first pay period of the employee’s anniversary month.
During the contract year in which an employee retires under one of
the City's retirement plans, the employee shall be entitled to receive a
prorated portion of the longevity.
All longevity compensation is subject to deduction for income tax and
retirement benefits.
Article XVII - Uniform Allowance
The present department policy concerning uniform purchases of
probationary officers shall be continued. Confirmed officers will
be paid a cash uniform allowance in accordance with the following
schedule:
Rank 1st Pay in Jan. 1st Pay in July
Patrolmen $212.50 $212.50
Specialists $225.00 $225.00
Officers shall be required to continue to report for duty in neat,
clean, and well-maintained uniforms. The City shall be allowed to order
uniform changes. Any cost in changing the standard uniform at the City's
direction shall be paid by the employee to a maximum of 30% of the
uniform allowance paid above. Any additional cost shall be the City's
expense. The City will repair or replace any uniforms damaged or
destroyed while in the performance of duty as police officers.
July 1st (covers the period July through December) and will be paid
at the same time as the first regular pay in July. January 1st (covers
the period January through June) and will be paid at the same time as
the first regular pay in January.
Article XVIII - Hospital, Dental, Optical and
Group Insurance
Section 1. - Hospital Insurance
Any employee who chooses to not be covered by the City's current
medical insurance plan will be paid $200.00 per month ($2,400.00 per
year) for such period as he/she does not participate in the City's
insurance plan. Such payment(s) are not includable in the FAC for
retirement benefit purposes. Employees will be allowed to reenter the
City program with thirty (30) day notice and waiver of future monthly
payments.
In the event of a change in insurance carrier, the Union shall be
consulted and given an opportunity to review the terms and benefits of
the insurance. Through the life of this Agreement, the employer
will pay the full premium for hospitalization insurance for full-family
coverage.
All employees hired prior to July 1, 1993 will be provided with
hospitalization and medical insurance (MVF II) with the PPO rider for
himself and family members. Such hospitalization insurance shall
include a $10.00 deductible prescription rider and the MM-4 Rider.
Effective July 1, 2003, or as soon as can be arranged, these employees
will be provided a $10/$20 (generic/brand) drug rider.
All employees hired after July 1, 1993 shall be provided with
hospitalization and medical insurance for him/herself and family
members. Such hospitalization insurance shall include the PPO Rider and
the MM1 Rider. Prescription drugs shall be covered under the MM1 Rider.
Effective July 1, 1998, these employees will be provided with a $10 drug
card rider. Effective July 1, 2003, or as soon as can be arranged, these
employees will be provided a $10/$20 (generic/brand) drug rider.
Section 2. Dental Coverage
The City shall provide to each employee, for the employee and the
employee's dependents, a plan of dental insurance. The plan shall
provide benefit levels referred to as Class I, II and III, as described
generally in the Delta Dental Plan specifications or the equivalent of
such insurance.
Benefit payments for Class I (basic services) and Class II
(prosthodontic services) shall be made on an 80%-20% co-payment basis,
80% of the total treatment costs paid by the carrier and 20% of the
total treatment costs paid by the employee. Benefit payments for
Class III (orthodontic services) shall be made on a 50%-50% co-payment
basis, the carrier and the employee each paying one-half of the total
treatment costs.
The City shall provide annual coverage in the amount of $1,000 per
family member effective July 1, 1998. The employee shall assume
payment for all treatment costs over and above such $1,000 co-payment
per family member.
Section 3. Group Life Insurance
Effective July 1, 1990, the City will provide thirty thousand dollars
($30,000) of Group Life Insurance to each permanent employee which shall
be reduced to seventy-five hundred dollars ($7,500) upon retirement.
Effective July 1, 1991, group life insurance coverage will be increased
to thirty-five thousand dollars ($35,000) for each permanent employee.
Coverage shall be reduced to seventy-five hundred dollars ($7,500) upon
retirement. Said policy shall contain A D & D coverage.
The City shall pay the employee's share of the premiums.
Employees covered by this contract may, if they so desire, sign an
authorization card and be provided with an additional four thousand
dollars ($4,000) or ten thousand dollars ($10,000) of life insurance
value to be paid at the employee's expense by payroll deduction.
Section 4. Optical Insurance
Each permanent, full-time employee will be provided with optical
insurance under the Sterling Vision Shoppes, Inc., "Program A" Prepaid
Family Eye Care Plan, or the equivalent plan of such insurance.
Section 5.
The City will prepare a departmental report to be circulated to and
completed by each employee in a timely and accurate manner stating
his/her current dependent status. Failure to promptly submit such
information to the City will render the employee liable for any cost
incurred by the City.
Article XIX - Sick Leave
Section 1.
Sick leave shall be credited with one (1) eight (8) hour day per
month, allowing twelve (12) days maximum per year and a maximum
accumulation of sixty (60) days.
Section 2.
A sick leave control program shall be continued whereby all full-time
permanent employees shall be entitled to receive a proportionate amount
of unused sick time accrual, subject to the following provisions:
Employees entitled to this benefit shall be required to have a sick
leave bank amounting to sixty (60) days or four hundred eighty (480)
hours on January 1st of each contract year.
Employees qualifying under the preceding section shall be paid 100%
of unused sick leave in excess of two (2) days earned during the
preceding calendar year. Payment will be made March 15th for the
unused sick days earned during the preceding calendar year.
Employees not having a sixty (60) day bank accumulation on January
1st of any contract year shall not be entitled to receive any benefit
for that year.
Employees hired prior to October 1, 1975 shall have their sick leave
bank "frozen" as of January 1, 1980 and shall be entitled to receive
payment of 50% of said "frozen" time upon retirement, death or
resignation with proper notice. Provided however, if any "frozen"
time is used subsequent to January 1, 1980, such time shall be
permanently deducted from the sick leave bank.
Employees hired on or after October 1, 1975 shall not be entitled to
any payment of their sick leave bank upon their retirement, death or
resignation.
The proportionate payment shall be computed by deducting any sick
leave usage from the maximum ten (10) day benefit on an hour-for- hour
basis. Payment shall be made on the basis of 100% of the unused
sick leave as computed pursuant to this section.
In the event that any employee should die prior to May 15th of any
calendar year and shall be entitled to receive a proportionate sick
leave control payment, such benefit shall be paid to said employee's
estate.
In the event that any employee should die being entitled to a payment
of a "frozen" bank, such benefits shall be paid to the estate of such
deceased employee.
Section 3. Sick Leave Usage Policy
It is the joint goal of the City and the Union to reduce or eliminate
any unauthorized or unnecessary sick leave among employees and to
prevent any abuses of the sick leave program. In order to provide
a viable policy as to the use of sick leave, the following guidelines
are hereby placed into effect:
Whenever an employee shall call in sick in one day increments of more
frequently than three (3) times in a six (6) month period, or six (6)
times in a twelve (12) month period, unless good cause is shown as to
why such usage is justified, then and in that event, such employee may
be required to provide medical certification as to all future sick leave
absences for the following twelve (12) month period, as a condition
precedent to be paid for such leave.
Whenever an employee is absent for a period in excess of three (3)
consecutive working days, said employee may be required to provide
medical certification as to his fitness to return to work. Such
certification shall be at the employee's expense and from a doctor of
the employee's choosing. Provided however, that where the
department head may have personal knowledge or information concerning
the employee's illness or injury, the requirement of medical
certification may be waived by said department head.
Whenever any employee becomes ill or injured while in the employee of
another employer or while the employee is self-employed, and such injury
or illness is compensable under the Michigan Workers' Disability
Compensation Act, the employee shall not be eligible for sick leave
benefits through the City. It shall be the obligation of the
employee to immediately report any off-duty, employment related injuries
or illness.
Employees shall not be entitled to sick leave when their absence is a
direct result of abuse.
Employees shall not be permitted to substitute other types of leaves
for sick leave unless specifically authorized by the department head.
At any time an employee is on sick leave, the City may employ a
physician of the City's choosing and at the City's expense to examine
such employee for the purpose of determining the nature of the injury or
illness. If the employee is under the care and treatment of his
own personal physician, the employee shall consent to the release of
such medical information by his physician to the City.
In the event that a city physician shall deem an employee disabled or
otherwise unfit for duty, and such determination is disputed by the
employee, the employee may, at his own expense, employ a physician of
his own choosing to make a determination as to his disability or
unfitness for service. In the event that the employee's physician
and the city's physician shall not agree as to disability, they shall
jointly appoint another physician whose determination shall be final and
binding on all parties. The expense of such physician shall be
shared equally between the City and the employee.
Sickness in Family: Leave will be granted for the serious illness of
any member of the employee's household. Leave shall be no longer
than one (1) day, except that the Chief of Police may grant a longer
leave where circumstances warrant, or, in the alternative may authorize
other leave to be used for this purpose.
Section 4. Sick Time Totals Posted
Sick time totals for all officers in the bargaining unit to be posted
once a year in January.
Article XX - Vacation, Personal Business,
Physical Fitness, Holidays
Section l. Vacation
Effective July 1, 1990, the vacation schedule shall be as follows:
Years of Service Vacation Days
1 year 12 duty days
3 years 13 duty days
4 years 15 duty days
5 years 20 duty days
10 years 24 duty days
15 years 28 duty days
Members of this bargaining unit will be allowed separate pick of
vacation from command officers, and allow one person off from each
shift.
It is further agreed by the City and the Police Officers Association
that the trial system of allowing two people off at the same time on the
day and midnight shifts, but without "overlapping" shall continue.
However, it is recognized that there will be no trading of vacation days
between men. Once a vacation selection has been made, there will
be no change without the specific permission of the Chief.
Vacation Selection: Vacations will, as far as possible, be granted at
times most desired by employees but the final right to the allotment of
vacation periods is reasonably reserved to the employer in order to
assure the orderly operation of the City.
Vacation selection will be made by seniority.
It is further agreed by the parties hereto that there shall no longer
be any "vacation slots" and any day between January 1st and December
31st shall be eligible for vacation selection. There shall be
three (3) separate selections on each shift; the police officer with the
most seniority on each shift shall first select a twelve (12) or six (6)
day period, as will each eligible officer with lower seniority; then the
officer with the most seniority shall select a six (6) day period, again
to be followed by each of the eligible officers by order of seniority;
the officer with the most seniority shall then pick a six (6) day
period, again to be followed by the other officers of that shift in the
order of their seniority. All officers who are entitled to more
than twenty-two (22) days may fill in those extra days in conjunction
with the six (6) day vacation period. The parties agree that the six (6)
day vacation period may be utilized in a single day increment or a six
(6) day block. However, it is recognized by the parties that the use of
the six (6) day individual days must comply with all current
departmental regulations and rules governing vacations.
Additionally, the six (6) day individual days must be utilized prior to
November 30th of each calendar year.
It is further agreed by the parties hereto that the three (3) month
stipulation between vacation picks shall be eliminated.
Section 2 - Personal Business Days
The City will continue to permit three (3) leave days per year for
conducting personal business. Business leave days may be taken in
not less than four (4) hour increments. Personal business
leave is not accumulative and will not be carried over beyond the year
granted. These personal business leave days will become available
to the employee at the completion of his probationary period. The
employee must give 24-hour notice of his intention to take personal
leave to his commanding officer, who may refuse to grant the leave if
manpower requirements so dictate. The 24-hour notice may be waived
at the discretion of the commanding officer. The length of a
personal leave day shall be eight (8) hours personal leave.
If the sufficient manpower is available without decreasing the
authorized manpower on the shift, the personal business leave day may be
taken in conjunction with the employee's vacation or day off or sick
leave on the basis set forth above and subject to the final decision of
the commanding officer or Chief of Police. It is understood and
agreed that this privilege is not intended to increase the manpower or
cost to the City and is expressly subject to needs of the department.
Section 3. Physical Fitness Incentive Program
A physical fitness test shall be administered once a year and shall
be scheduled at the discretion of the Police Chief. All sworn personnel
are eligible to participate in this voluntary incentive program. Only
those officers who volunteer for the challenge shall be tested. Those
who chose not to participate would not be disadvantaged in any way.
The test program will utilize push-ups, sit-ups, and a 1.5 mile run
to test, measure, and score body strength, endurance, and cardiovascular
capacity. The officer’s performance in these three events will determine
the level of incentive earned.
Officers attaining the goals set forth below in pushups, sit-ups, and
the 1.5 mile run will be awarded days off (PF days) equal to the lowest
level attained in any of the three categories, up to a maximum of three
PF days.
