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HomeMy WebLinkAbout08404ORDINANCE NO. 8404 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2012 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO AND PROVIDING FOR TEN HOUR SHIFTS FOR OFFICERS ASSIGNED TO THE OPERATIONS BUREAU AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537 commencing January 1, 2012, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and enacted as an Ordinance. SECTION 2. The President of the City Council is authorized to execute and deliver the Amendment in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED November 14, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: November 28, 2011 Background Paper for Proposed ORDINANCE DATE:November 14, 2011AGENDA ITEM # Q-5 DEPARTMENT: Jerry M. Pacheco, City Manager Jenny M. Eickelman, Interim Deputy City Manager Luis Velez, Chief of Police TITLE AN ORDINANCE APPROVING AN AMENDMENT TO THE 2012 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO AND PROVIDING FOR TEN HOUR SHIFTS FOR OFFICERS ASSIGNED TO THE OPERATIONS BUREAU AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the 2012 Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537 (IBPO) be amended to provide for ten hour shifts for officers assigned to the Operations Bureau? RECOMMENDATION City Administration recommends approval of the Ordinance. BACKGROUND In June 2011 and pursuant to the requirements of the Charter, the City of Pueblo and IBPO successfully negotiated a successor contract commencing on January 1, 2012. An Ordinance approving and enacting that successor contract was submitted to the Council and approved on September 26, 2011. The City and the Union desire to amend the Labor Agreement to provide for ten hour shifts for police officers assigned to work in the Operations Bureau. This Ordinance would approve and enact that Amendment to the 2012 Collective Bargaining Agreement. The Amendment contains changes to the following Articles: Article 25 Vacation Leave. Sections 1, 2, 3, 4, and 8. In each section, the wording was changed to reflect the accrual of vacation leave in hours rather than by “working shift.” Article 26. Holidays. Sections 2 and 5. The wording in these sections was changed to reflect the accrual of vacation leave or personal leave in hours rather than by “shift” or “day.” Article 27 Sick Leave. Sections 1 and 3. In each section, the wording was changed to reflect the accrual of sick leave in hours rather than by “days.” Article 33 Work Schedule. The wording in this Article was changed to reflect two prescribed work schedules “A” and “B.” Officers in the Operations Bureau would be assigned to the “B” schedule and would work ten hour shifts. FINANCIAL IMPACT There is no known financial impact associated with this Amendment to the 2012 Collective Bargaining Agreement. Based on the proposed 10-hour shift schedule for the Patrol staff, the average number of hours worked per sworn officer will decline by nearly 35 hours per year. Correspondingly, the impacted patrol sworn officers will gain an additional 52 days off per year. The wages and benefits for these sworn members will remain unchanged. The proposed 10-hour shift schedule will apply to 100 members of the sworn staff. This schedule will be in effect on January 1, 2012. i ' AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Collective Bargaining Agreement ( "Amendment ") is executed this 28th day of October , 2011, by and between the City of Pueblo, a municipal corporation (hereinafter referred to as the "City ") and Local 537 of the International Brotherhood of Police Officers (hereinafter referred to as the "Union ") WHEREAS, pursuant to Article 8 of the Charter of the City, the City and the Union are parties to a Collective Bargaining Agreement, for the period commencing January 1, 2012 (hereinafter referred to as the "Labor Agreement"), and WHEREAS, the City and the Union desire to amend the Labor Agreement to provide for ten hour shifts for police officers assigned to work in the operations bureau. NOW, THEREORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows 1 Article 25 of the Labor Agreement is amended to read as follows ARTICLE 25 VACATION LEAVE 25 1 Every police officer with less than five (5) years completed continuous service with the City shall accrue vacation leave at the rate of eight (8) hours for each completed month of service 25.2 Every police officer with more than five (5), but less than ten (10) years of completed continuous service with the City shall accrue vacation leave at the rate of ten (10) hours for each completed month of service 25.3 Every police officer with more than ten (10), but less than fifteen (15) years of completed continuous service with the City shall accrue vacation leave at the rate of twelve (12) hours for each completed month of service 25 4 Every police officer with more than fifteen (15) years of completed continuous service with the City shall accrue vacation leave at the rate of fourteen (14) hours for each completed month of service. 25 5 The vacation leave above provided shall be in addition to any and all vacation leave accrued pursuant to the provisions of Article 26 (Holidays) of this Agreement. 1 25 6 Credit for vacation leave may be accumulated to a maximum of twice the amount accrued annually by the particular police officer at any one time, and such leave may be granted in minimum and maximum periods as provided by the Chief, with the approval of the City Manager; provided, however, that vacation leave will not be granted in excess of credit therefor earned prior to the starting day of leave The Chief shall keep the necessary records of vacation leave allowance. Vacation schedules shall be worked out between the Chief and the police officers. The police officer in the classification with the longest consecutive length of service with the Department shall be given first choice, the next senior police officer second choice, and the like for succeeding conflicts, if any Each police officer shall be assigned the dates on which he /she is required to sign for first and second vacation choices. Each police officer will be made aware of his/her selection dates by a notice attached with his/her pay check for October Selections shall commence on November 10 If an officer fails to sign up for vacation on the assigned dates, he /she will be passed, until he /she signs the selection list. The dates should be spread out, with one officer scheduled each day in each working unit. The failure of an officer to sign for vacation on his/her assigned dates shall not be grievable pursuant to this Agreement, as long as the City maintains records showing that the notice required hereunder was attached with his/her pay check. 25 7 For the purpose of calculating accrual of vacation leave, the term "continuous service" shall mean the total number of years of completed service with the City of Pueblo in any employment capacity, without a separation from said service Leave, suspensions, and periods of time during which a police officer is laid off due to reduction in force shall not be considered as breaking the continuous nature of his service, but neither shall such periods of time during which said police officer is laid off be included in the computation of the number of his completed years of service with the City Any police officer who voluntarily terminates his service as a police officer and subsequently returns to duty as such shall have his continuous service counted form the date of his return. 25 8 At his request, a pohce officer shall be paid in money the equivalent of up to eighty (80) hours of vacation time annually The payment of such sum shall be made to such officer, at his request, in the event of shown need, by a separate check issued by the City Requests received between the 11 and the 25 of the month shall be paid on the last business day of the month. Requests received between the 26 and the 10 of the following month shall be paid on the 15 of that month except that request received between the 26 of December and the 10 day of the following January shall be paid on the last business day in said month of January In the event of an emergency, a Police Officer may be paid the equivalent in money for such vacation leave as he is entitled to for that year, with the approval of the City Manager 2 25 9 Upon separation for any reason of an employee from the service and employment of the City of Pueblo, the employee shall be paid at his regular rate of pay, immediately for the amount of accrued vacation leave standing to his credit as of the effective date of his separation. In the event of death of a police officer, such sums shall be paid to the beneficiary designated by the officer and if no beneficiary is designated to the surviving spouse of the officer In the event there shall be no surviving spouse, then such sums shall be paid to the estate of such employee 2 Article 26 of the Labor Agreement is amended to read as follows ARTICLE 26 HOLIDAYS 26 1 The following days are Holidays for the purposes of this Agreement. (a) The first day of January (New Year's Day) (b) The third Monday in January (Martin Luther King Day) (c) The third Monday in February (Presidents' Day) (d) The last Monday in May (Memorial Day) (e) The fourth day of July (Independence Day) (f) The first Monday in September (Labor Day (g) The second Monday in October (Columbus Day) (h) The fourth Thursday in November (Thanksgiving Day) (i) The day after Thanksgiving (j) The twenty -fifth day of December (Christmas Day) (k) Any day that may be designated as a holiday by proclamation of the President of the City Council. 26.2 Police Officers shall not be entitled to any Holiday benefits as such but shall receive eight (8) hours of vacation at the end of each completed year of service for each holiday heretofore enumerated. 26.3 Each employee working for the City on any election day shall be allowed such time off as is necessary to vote. Such time off shall be scheduled by the Chief This 3 section shall not apply to any employee whose hours of employment on the day of the election are such that there are three (3) or more hours between the time of opening and the time of closing of the polls during which the employee is not employed on the fob 26 4 Credit for vacation leave accrued under Section 26.2 of this Article may be accumulated to a maximum of twice the amount accrued annually by the particular Police Officer at any one time 26.5 Employees may take sixteen (16) hours of personal leave during the calendar year Such time shall not accumulate, employees, however, may be paid for these sixteen (16) hours of personal leave, at the employee's option. 3 Article 27 of the Labor Agreement is amended to read as follows ARTICLE 27 SICK LEAVE 27 1 Sick leave shall be accrued by each permanent full -time police officer at the rate of twelve (12) hours for each month of completed full -time service for the City of Pueblo to a maximum of one thousand and six hundred (1,600) hours. An employee hired on or after January 1, 1996 shall accrue sick leave at the rate of nine (9) hours for each month of completed full -time service for the City of Pueblo to a maximum of one thousand and six hundred (1,600) hours. 27.2 Paid sick leave to the extent the same is accrued and unused shall be granted to police officers in case of actual illness, injury or disability of the police officer, occurring without negligence of the police officer; or for a maximum of three (3) work days in each consecutive twelve (12) months for illness of the employee's spouse, child, parent, parent -in -law, or member of the employee's household, subject to verification thereof. A medical certificate subscribed by the treating physician on forms supplied by the City shall be required for any absence for which paid sick leave is claimed by the employee for his own illness, injury or disability exceeding three consecutive working days, provided, further, the City Manager, or the Chief in any case of suspected abuse of sick leave privileges, may require such medical certificate for any absence for which paid sick leave is claimed by the employee Requests for sick leave for an officer's last scheduled work shift before a vacation or scheduled time -off, or for his first regularly scheduled work shift after a vacation or scheduled time -off may be indicative of such abuse. Use or attempted use of paid sick leave benefits for any reason other than actual illness or 4 , disability shall be deemed an activity unbecoming an employee of the City Disability caused by injury while on duty shall be compensated as otherwise provided. 27.3 Upon separation for any reason, other than death, discharge, or retirement an officer hired prior to January 1, 1996, whose sick leave accumulation exceeds six hundred (600) hours shall be paid at his regular rate of pay for the amount of sick leave accumulated over six hundred (600) hours but not to exceed six hundred (600) hours. 27.3 1 Upon separation due to retirement or death, an officer hired prior to January 1, 1996, shall be paid at his regular rate of pay for all accumulated sick leave, but not to exceed nine hundred and sixty (960) hours. For the purpose of this section, an officer separating by resignation or lay -off, after twenty or more years service, shall be considered to be retiring. 27.3.2 In the event of death, such sum shall be paid to the beneficiary designated by the employee and, if no beneficiary is designated, to the surviving spouse of such employee In the event there shall be no surviving spouse, then such sum shall be paid to the estate of such employee. 27.3 3 Separation benefits shall be paid immediately upon the effective date of separation. 27.3 4 Employees hired on or after January 1, 1996 shall not be reimbursed for unused sick leave upon separation. 27.3 5 Reserved. 27.3 6 Employees who have at least 15 years of service and nine hundred and sixty (960) hours. of accrued, unused sick leave to their credit, may annually sell back up to eighty (80) hours of sick leave for 1/2 pay The number of sick leave hours sold back to the City shall be deducted from the employee's accrual, but his accrual will be increased by future sick leave accrued but unused, to the maximum of one thousand and six hundred (1,600) hours. The amount of hours available for buy -back under Sections 27 3 and 27.3 1 shall be permanently reduced by one -half of the hours sold back to the City 27 3 7 No sick leave benefits shall be payable to any employee injured while in the employ of an employer other than the City of Pueblo 27.3 8 MATERNITY LEAVE An employee shall be granted leave for the birth of the employee's child. Maternity leave shall commence at the time of the child's birth or at the time recommended by the mother's physician and such leave shall expire upon the physician's written recommendation or six weeks from the date of birth, whichever occurs first. 5 27 3 9 PATERNITY LEAVE. Paternity leave shall not exceed three (3) weeks and shall commence at the time of the birth of the child, unless otherwise agreed by the employee and the appropriate supervisor 27 3 10 MATERNITY /PATERNITY ACCRUAL An employee may utilize either sick leave, vacation leave, or such leave as may be available under the Family Medical Leave Act of 1993 for maternity/ paternity purposes. 4 Article 33 of the Labor Agreement is amended to read as follows ARTICLE 33 WORK SCHEDULE 33 1 There shall be two (2) prescribed work schedules and shifts for police officers, denominated as schedules "A," or "B," as hereinafter set forth. A. (1) The basic daily work shift for police officers assigned to the "A" schedule shall consist of eight (8) consecutive hours of duty in any twenty -four (24) hour period. However, once during each twenty -eight (28) day work period, a police officer assigned this schedule may be required to work at his regular rate of pay for more than eight (8) hours in a twenty -four (24) hour period for the purpose of accomplishing rotation of shifts, or attendance at inservice training scheduled for three (3) or more consecutive days. (2) The work schedule of such police officers during each twenty -eight (28) day work period shall provide for two (2) consecutive days off during each seven (7) consecutive days within the work period. Police officers shall not be required to work more than five (5) consecutive days of duty, at their regular rate of pay, except for the purpose of shift rotation, or rotation of days off, when they may be required to work up to eight (8) consecutive days at their regular rate of pay B (1) The basic daily work shift for police officers assigned to the "B" schedule shall consist of ten (10) consecutive hours in any twenty -four hour period. Officers working in the operations bureau of the police department shall be assigned to this "B" shift and schedule (2) The work schedule of such police officers during each twenty -eight day work period shall provide at least three (3) consecutive days off for each four (4) days worked. Such officers shall not be required to work more than four (4) consecutive days, at their regular rate of pay 6 (3) Regularly scheduled days off shall rotate for police officers assigned the "B" schedule by rotating forward one (1) day at the end of each seven consecutive, work weeks. In order to accomplish such rotation of scheduled days off, such rotating officers shall have four consecutive days off, then resume the schedule of three consecutive days off, until their next scheduled rotation of days off The initial rotation for one of the teams on each watch shall occur in the fourth week after this schedule is implemented, as a starting point for that team's rotation. In no event shall an officer have more than one instance of four consecutive days off during any seven consecutive, work weeks unless assignment changes are made at administration's direction or as the result of an approved leave. (4) Officers assigned the "B" schedule in the patrol division shall work frozen shifts and shall bid for their shift assignments pursuant to Article 44 of this Agreement. 33.2 During each work day, when conditions reasonably permit, each police officer shall be entitled to one -half (1/2) hour as a meal break. Police officers on meal break shall be allowed to remain out of service and out of their assigned beats unless the needs of the department require their immediate return to police duties. 33.3 There shall be no split shifts. 5 Except as expressly modified by this Amendment, the Labor Agreement shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the original Labor Agreement by either party, are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Labor Agreement as it existed prior to this Amendment. Executed in Pueblo, Colorado as of the date first above written. CITY OF PUEBLO I , By President of th! Council ATTEST 7 Cit Clerk • LOCAL 537, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS By / President ATTEST, ecretary 8