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HomeMy WebLinkAbout04908 N.d1D iD 1noO 9 �� �o ��apTS9.z�i a Tn `' p."1", p."1", Tou 7 moo'' y� ✓' : . r r � ' ssmssx :aanouaax NOSH s d'I I ONnOO OIKIHOOO g?1IW Ag 1861 ' £T aegogo0 GaDaG 2iLNI • auzps ;saggp pup ogaaaq; A4TO aqg go Tpas egg xTJJp og pa oaaTp sT NaaTO AgTO egg pup AgTD egg go jTpgaq uo pup aoj quauiaaaby buTuTebapg aATgoaTToO pTps agnoaxa og paziaoqgnp pup pagoaaTp Agaaaq sT TTounoD AgTO age go guapTsaad aqy 'Z NOISOSS •panoaddp Agaaeg sT Aaua044V ' TD 8q4 Aq panoaddp uaaq buTAPg 'xaaTO ' TD egg gl.TM aTTJ uo sz 1 -1 3 T4M ,Jo TpuTbT 9 44 'E861 'TE aagweoeG gbnoagg Z861 'T Aapriupr poTaad egg Jog 'LES Tpoo' 'saaDT3JO aDTIQd Jo poogaaggoag TpuoT4Puaagui pup 'uoTgPaodao0 TpdToTunw p ' oTgana go AgTD agg ueaMgaq queuiaaabv buTu Pbapg anzgoaTToO aqs .'T NOISa2S :4P144 ' oavuorlOO ' o'IgHnd 3O 'IIONfoD AZIO HNI Ag uaNIvUuO ELI as 'am LAOIS 0,1, 'II ONfOO AI ID Him dO ZNHQISgdd sHS ONIZIUGHInV (NV 'E861 'TE unawaOau HOfO2iHS Z861 'T A2IVONVf QOI2ind HHZ 21o3 o'Igand dO AZIO aHS dO ualuvHO mu dO VT -8 NOI1LOgs OZ ZNVnsUna OJNI G22IgINn ' L£S 'IFZOO'I 'suaoiddO g3I'IOd dO QOOH2iau1LOug 'IVMOIaFiM2i0LNI QNV NOI1LY2tOd -UO3 'IVdIOINfW K ' O'Igsnd X30 ALIO aHS maamIaa SNHWHg2i9K DNINIVOUVS HAIIDTTIOD V ONIAO2iddV 2ONVNIGUO NV 80617 ' ON HONVNIQUO U L.> /e / COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PUEBLO AND INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS, LOCAL 537 COMMENCING JANUARY 1, 1982 TABLE OF CONTENTS ARTICL PAGE ARTICLE 1. PREAMBLE 3 ARTICLE 2. RECOGNITION 3 ARTICLE 3. MANAGEMENT RIGHTS 4 ARTICLE 4. PAYROLL DEDUCTION OF DUES AND FEES 5 ARTICLE 5. SEVERABILITY, SAVINGS, AND AMENDMENTS 8 ARTICLE 6. DISCRIMINATION 9 ARTICLE 7. LONGEVITY COMPENSATION 9 ARTICLE 8. OVERTIME COMPENSATION 10 ARTICLE 9. UNION BUSINESS LEAVE 10 ARTICLE 10. AUTOMOBILE ALLOWANCE 12 ARTICLE 11. RULES AND REGULATIONS 12 ARTICLE 12. UNIFORM ALLOWANCE 12 ARTICLE 13. INJURY LEAVE 13 ARTICLE 14. LEAVES OF ABSENCE 15 ARTICLE 15. VACATION LEAVE 16 ARTICLE 16. HOLIDAYS 19 ARTICLE 17. DISCIPLINE AND DISCHARGE 21 ARTICLE 18. GRIEVANCE PROCEDURE 22 ARTICLE 19. REDUCTION IN FORCE 28 ARTICLE 20. WAIVER AND NOTICE 28 -1- ARTICLE 21. ENTIRE AGREEMENT 29 ARTICLE 22. TERM OF AGREEMENT 30 ARTICLE 23. STRIKES 30 ARTICLE 24. SAFETY 30 ARTICLE 25. SICK LEAVE 31 ARTICLE 26. MILITARY LEAVE 33 ARTICLE 27. SALARY 34 ARTICLE 28. OTHER CONDITIONS 34 ARTICLE 29. TRAINING OFFICER 35 ARTICLE 30. TRAINING 35 ARTICLE 31. COURT TIME 36 ARTICLE 32. APPOINTMENTS 37 ARTICLE 33. INSURANCE 37 ARTICLE 34. COMPENSATION DURING PAID LEAVE 38 ARTICLE 35. EDUCATIONAL INCENTIVE 39 ARTICLE 36. RATE OF PAY AND APPOINTMENT TO TEMPORARY DUTY IN A HIGHER CLASS 40 ARTICLE 37. UTILIZATION OF SPECIAL SKILLS 40 ARTICLE 38. MISCELLANEOUS PROVISIONS 41 ARTICLE 39. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY 42 ARTICLE 40. FUNERAL LEAVE 43 ARTICLE 41. WORK SCHEDULE 44 ARTICLE 42. REPORTING 45 -2- ARTICLE 1. PREAMBLE This Agreement is entered into by and between the City of Pueblo, hereinafter referred to as the "Employer" or the "City ", and Local 537 of the International Brotherhood of Police Officers, hereinafter referred to as the "Union ". It is the purpose of this Agreement to maintain harmonious relations between the Employer and the Union; and to provide for equitable and peaceful adjustment of differences which may arise and to establish proper standards of wages, hours, and other conditions of employment. ARTICLE 2. RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent of all certified Police Officers in the classified service of the Police Department employed by the City of Pueblo, with the exception of Captains, Majors and any other equivalent or higher rank for the purpose of negotiating with the City with respect to wages, rates of pay, hours, grievance and disciplinary procedures which may result in arbitration, working conditions, and all other terms and conditions of employment of the Police Officers included in the bargaining unit as provided by Charter. -3- ARTICLE 3. MANAGEMENT RIGHTS 3.1 The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its authority, discretions, responsibilities, and powers of authority as set forth under the Constitution and laws of the State of Colorado and the Charter of the City of Pueblo. 3.2 Except as otherwise specifically provided herein, the management of the City, the direction of the work force, including, but not limited to, the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring and promotion, the right to lay -off, the right to establish or abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the mission of the City and the means and methods by which it is to be achieved, the right to determine schedules of work, the right to subcontract work, together with the right to determine the methods, processes and manners of performing work, are vested exclusively in the City. 3.3 This Agreement shall, in all respects, wherever the same may be applicable herein, be subject and subordinate to the provisions of the Charter of the City of Pueblo. This Agreement is further subject and subordinate to all applicable statutes, constitutional provisions, and any revisions, amendments, or newly adopted provisions of said statute, Charter or constitutional provision as may hereafter be -4- enacted. ARTICLE 4. PAYROLL DEDUCTION OF DUES AND FEES 4.1 The City shall, on a regular basis, deduct dues and fees uniformly required of all similary situated police officers from the pay of all. Police Officers who have voluntarily authorized such deductions in writing on a form provided for this purpose by the Union or the City; the Union will notify the City as to the amount of dues, or dues and initiation fees, to be deducted. Such notification will be certified to the City in writing over the signature of the authorized officer or officers of the Union. Changes in the Union membership dues or fees will be similarly certified to the City and shall be done at least forty -five (45) days in advance of the effective date of such change. The City will remit to the Union such sums within thirty (30) days. 4.2 The Union agrees that it shall act as the exclusive bargaining agent for all employees covered by this Agreement and shall negotiate agreements and bargain collectively for all employees within the bargaining unit, without discrimination and without regard to whether or not said employees are Union members. 4.3 AGENCY SHOP. Any person employed by the City in a position within the bargaining unit who is not a member of the Union and who does not make application for membership within -5- forty -five (45) days from the effective date of this Agreement, or from the date of employment, whichever is later, shall, as a condition of employment, pay to the Union an amount not to exceed ninety -five percent (95 %) of the normal dues and assessments uniformly required of members of the Union as a service charge for the administration of this Agreement. 4.4 The City agrees to deduct the service fee set forth in Paragraph 4.3 from the pay of all employees who hereafter voluntarily authorize such deductions in writing on the form contained in Section 4.9 of this Article. Each authorization given under this Section shall provide that it is revocable only upon the expiration of this Agreement upon giving written notice to either the City or the Union within the thirty (30) days immediately preceding the termination of this Agreement. 4.5 The preceding two paragraphs, to -wit paragraphs 4.3 and 4.4 shall not be effective unless and until approved by Police Officers voting in an election as provided by Section 8 -9 of the Charter of the City of Pueblo. 4.6 If an employee has no earnings due him for the pay period in question, no deductions will be made for that employee for that period. The collection of money described herein other than for the current period shall not be the responsibility of the City. 4.7 The sole responsibility of the City will be to pay over to the Union any sums actually deducted from the pay of -6- employees on a current basis. Any funds deducted as herein provided shall be paid to the Union Treasurer within thirty (30) days after such deduction. 4.8 The Union agrees to indemnify, defend and save the City harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of, or as a result of, any conduct taken by the City for the purpose of complying with this Article, except acts of negligence for which the City is responsible. 4.9 AGENCY FEE CARD Name: Department:. Date: I hereby request and authorize the City of Pueblo to deduct from my earnings, once each month, an agency service fee in the amount of $ monthly, which is equal to ninety -five percent (95 %) of the normal dues and assessments uniformly required of members of the Union and any increases in said fee mandated by any increase in dues and assessments. This authorization shall be revocable only upon the expiration of the agreement upon giving notice in writing to the City and the Union within the thirty (30) days immediately preceding the expiration of the agreement. The amount deducted shall be remitted to the Treasurer of Local 537, International Brotherhood of Police Officers (IBPO). Signature -7- 4.10 No party shall have any right or interest whatsoever in any money authorized withheld until such money is actually paid over to them in accordance with this Article. ARTICLE 5. SEVERABILITY, SAVINGS, AND AMENDMENTS 5.1 The provisions of this Agreement are severable and the legal invalidity of any provision or provisions shall not affect or invalidate other provisions. However, if any provision of this Agreement should be declared invalid by any court of competent jurisdiction, then the parties to this Agreement shall meet within fifteen (15) days from the date they learn of such declaration and negotiate in good faith for the purpose of agreeing upon a lawful provision which would accomplish the intent of the parties as expressed by the provision declared invalid. 5.2 Special conferences involving matters of importance to either party may be arranged between the Union President and the City Manager or his designee. Representatives of the parties to this Agreement will meet within fifteen (15) days after receipt of notification. Any notification shall include a statement of the matter to be discussed at the meeting. 5.2.1 No party shall be obligated in any manner to agree to any proposed amendment and the failure to agree to any proposed amendment shall not initiate the arbitration or election procedures set forth in Section -8- 8 -14 of the Charter of the City of Pueblo. 5.3 No amendments of, or appendix to, this Agreement is effective unless in writing, and signed by representatives of both parties having actual authority to execute such amendment or appendix. ARTICLE 6. DISCRIMINATION The Employer and the Union recognize that they are bound by State and Federal law prohibiting discrimination against any Employee because of the Employee's race, color, religion, sex, national origin, age (as variously defined) or handicap. Additionally, the parties recognize that Charter provisions prohibit certain discrimination on the basis of politics and political affiliation. ARTICLE 7. LONGEVITY COMPENSATION Commencing with the month following completion of five (5) years of actual continuous service as a full -time employee in the Police Department of the City, each such employee shall receive, in addition to all other compensation for full -time services, the amount of Twenty -Five Dollars ($25.00) per month; following ten years of such service, Thirty -Five Dollars ($35.00) per month; following fifteen years of such service, Forty -Five Dollars ($45.00) per month; following twenty years of such service, Fifty -Five Dollars ($55.00) per month. In no - 9- event shall longevity compensation exceed Fifty -Five Dollars ($55.00) per month. ARTICLE 8. OVERTIME COMPENSATION 8.1 Police officers shall be compensated for authorized overtime work at the rate of time and one -half. Such overtime shall be paid for all hours worked in excess of the prescribed basic work week or basic daily work shift. 8.2 Upon his request, a police officer may be granted by the Chief, compensatory time off with no loss of pay or benefits in lieu of cash compensation for overtime. 8.3 A police officer who is called back to work after the completion of his regular shift, and before the start of his next regular shift, shall be compensated for such call back work at the appropriate overtime rate. Notwithstanding any other provision of this Article, a police officer shall be paid a minimum of four (4) hours of overtime pay for each call back. 8.4 Except upon twenty -four (24) hours notice, and when required by unusual manpower needs, no police officer's regular work schedule shall be changed for the purpose of avoiding the payment of overtime. ARTICLE 9. UNION BUSINESS LEAVE Members of the Union as may be elected or designated as delegates to represent the Union shall be granted leave from -10- duty, with no loss of pay, under the following terms and conditions during the term of this Agreement: 9.1 It is understood and agreed that although police officers may be paid while on Union business leave, they are not to be considered as being within the scope of their employment while travelling to, attending, or returning from, any meeting or convention. 9.2 The Union shall select not more than ten (10) Union Stewards whose names shall be furnished to the City and the .Chief. Stewards shall, to a reasonable extent, be allowed duty time for the purpose of processing and discussing grievances. For each grievance, only one (1) Steward at any given time shall be allowed duty time in accordance with this Section. 9.3 Members of the Union's negotiations committee, not to exceed three (3), shall be granted leave from duty with no loss of pay or benefits for all meetings between the City and the Union for the purpose of negotiating directly or indirectly the terms of this Agreement. 9.4 EXECUTIVE BOARD. Elected officers of the local to -wit - President, Vice President, Secretary and Treasurer or members of the Executive Board, shall be granted Union Business Leave to attend meetings of the Union, if said meetings occur during a regular tour of duty. The maximum of off duty tours allowed hereunder shall not exceed thirty (30) per calendar year. It is understood that those officers granted Business Leave under -11- this Section shall be on call during attendance at such Union meetings. 9.5 The privileges granted herein shall not be abused. ARTICLE 10. AUTOMOBILE ALLOWANCE A police officer who is required or specifically authorized by the Chief to operate his personally owned automobile in conduct of City business shall be paid mileage of twenty cents ($.20) per mile for such travel. No Police Officer shall be required to use his personally owned automobile on stakeout detail or for any similar purpose. ARTICLE 11. RULES AND REGULATIONS The Union agrees that its members shall comply with all Police Department rules and regulations, including those relating to conduct and work performance. ARTICLE 12. UNIFORM ALLOWANCE 12.1 Each member of the Police Department required to do so by the Chief shall furnish and wear such uniforms as may be prescribed by the regulations of the Police Department. The style and color of shirt, pant and jacket in use as of April 1, 1981 shall continue to be prescribed during the term of this Agreement. -12- 12.2 In January of each year, the sum of Two Hundred Dollars ($200.00) shall be paid to each employee of the Police Department. Ninety -Five Dollars ($95.00) per month shall also be paid to each employee of the Police Department. In the event such employee leaves the service of the City during the ensuing year, the sum of Sixteen Dollars and Sixty -Six Cents ($16.66) shall be deducted from such employee's final salary payment for each month remaining in that calendar year. ARTICLE 13. DUTY DISABILITY - INJURY LEAVE 13.1 ACCRUAL OF BENEFITS. Each permanent, full -time employee injured while in the performance of his duty inside or outside the City limits shall be paid injury leave in a sum equal to the employee's full salary for the period of disability not to exceed one calendar year from the date of injury. Notwithstanding the foregoing, no officer shall be eligible for such injury leave if it is determined by the Chief that the injury was caused, at least in part, by the injured officer's engagement in a "frolic ". Injury leave benefits as set forth herein are maximum benefits for each injury. Employees on injury leave shall be granted all employees benefits the same as if they were in active service of the City. 13.2 OTHER BENEFITS. Injury leave benefits provided for herein shall be withheld from any employee entitled thereto -13- unless and until he makes a claim for compensation under the Workmen's Compensation Act of Colorado or elects to otherwise pursue a different remedy under the provisions of 81 -13 -8, C.R.S. 1963. Workmen's Compensation temporary disability benefits paid or payable to an employee for the same period of time he receives injury leave benefits hereunder shall be deducted by the City from said injury leave benefits. Receipt of injury leave benefits hereunder by an employee shall operate as and be a partial assignment to the City of said employee's interest in and to any cause of action against a third party as defined in Article 13, Chapter 81, C.R.S. 1963, as amended, to the extent of injury leave benefits paid or payable hereunder by the City to said employee. During such time as he is receiving injury leave benefits hereunder and for a period of sixty (60) days from and after the receipt of the final payment thereof, said employee shall have an exclusive right to engage the services of an attorney -at -law to settle or to otherwise dispose of said cause of action which shall not be settled or otherwise disposed of without the written consent of the City. If said employee engages the services of an attorney as aforesaid, the City shall not be liable for costs or attorneys fees in connection therewith; however, in lieu thereof, the City agrees to limit its pro rata share of any recovery so effected to seventy -five percent (75 %) of injury -14- leave benefits paid or payable to the employee hereunder. If said employee fails to engage the services of an attorney, as aforesaid, the City may take such action as it deems advisable for the recovery of one hundred percent (100 %) of all injury leave benefits paid to said employee, and said employee will cooperate with the City in such action as it may take and furnish any and all papers and information in his possession deemed by the City to be necessary in connection therewith. 13.3 INJURY WHILE EMPLOYED BY THIRD PERSON. No injury leave benefits shall be payable to any employee injured while in the employ of an employer other than the City of Pueblo. ARTICLE 14. LEAVES OF ABSENCE 14.1 The Police Chief may authorize special leaves of absence without pay for any period or periods not to exceed six (6) calendar months in any one calendar year for the following purposes: attendance at college, university, or business school for the purpose of training in subjects related to the work of the employee and which will benefit the employee and the City for an extended period such as settling estates, liquidating a business, maternity, serving on a jury and attending court as a witness, and for purposes other than above that are deemed beneficial to the City service. 14.2 The City Manager may authorize special leaves of absence without pay for any reasonable purpose and for any -15- reasonable length of time upon the request of a police officer. 14.3 If after exhaustion of all available leave, including injury, vacation and sick leave, a police officer shall fail or be unable to return to work due to physical disability, he shall, at his request, be placed on special leave without pay until he is able to return to work, but in no event shall such special leave exceed one year. Such special leave shall be automatically terminated if and when the employee is granted a disability or other pension pursuant to the Statutes of the State of Colorado and ordinances of the City of Pueblo establishing pensions for police officers. A permanently disabled employee will take the necessary steps to obtain a pension upon the exhaustion of all available paid leave. ARTICLE 15. VACATION LEAVE 15.1 Every police officer with less than five (5) years completed continuous service with the City shall be allowed vacation leave, with pay, at the rate of twelve (12) working shifts each year, or six (6) working shifts for the first six (6) months for the full -time service with the City. Vacation leave shall be accumulated at the rate of eight (8) hours for each completed month of service. 15.2 Every police officer with more than five (5), but less than ten (10) years of completed continuous service with the City shall be allowed vacation leave, with pay, at the rate -16- of fifteen (15) working shifts each year. Vacation leave shall be accumulated at the rate of ten (10) hours for each completed month of service. 15.3 Every police officer with more than ten (10), but less than fifteen (15) years of completed continuous service with the City shall be allowed vacation leave, with pay, at the rate of eighteen (18) working shifts each year. Vacation leave shall be accumulated at the rate of twelve (12) hours for each completed month of service. 15.4 Every police officer with more than fifteen (15) years of completed continuous service with the City shall be allowed vacation leave, with pay, at the rate of twenty -one (21) working shifts each year. Vacation leave shall be accumulated at the rate of fourteen (14) hours for each completed month of service. 15.5 The vacation leave above provided shall be in addition to any and all vacation leave accrued pursuant to the provisions of Article 16 (Holidays) of this Agreement. 15.6 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. -17- 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. 15.7 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 from the date of his return. 15.8 At his request, a police officer shall be paid in money the equivalent of up to ten (10) working shifts of vacation time annually. In the event of an emergency, a Police Officer may be paid the equivalent in money for such vacation -18- leave as he is entitled to for that year, with the approval of the City Manager. 15.9 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 surviving spouse of the officer. In the event there shall be no surviving spouse, then such sums shall be paid to the dependents of such employee. In the event there shall be no surviving spouse or dependents, no benefits shall be paid by the City. ARTICLE 16. HOLIDAYS 16.1 The following days are Holidays for the purposes of this Agreement: (a) The first day of January (New Year's Day) (b) The afternoon of the Friday preceding Easter Sunday (Good Friday) (c) The last Monday in May (Memorial Day) (d) The fourth day of July (Independence Day) (e) The first Monday in August (Colorado Day) (f) The first Monday in September (Labor Day) -19- (g) The second Monday in October (Columbus Day) (h) The fourth Monday in October (Veterans Day) (i) The fourth Thursday in November (Thanksgiving Day) (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. 16.2 Police Officers shall not be entitled to any Holiday benefits as such but shall receive one additional working shift of vacation at the end of each completed year of service for each holiday heretofore enumerated. 16.3 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. 16.4 Credit for vacation leave accrued under Section 16.2 of this Article may be accumulated to a maximum of twice the amount accrued annually by the particular Police Officer at any one time. 16.5 Employees may take two (2) days of personal leave during the calendar year. Such time shall not accumulate; if not used, the employee forfeits any right to such holiday. -20- ARTICLE 17. DISCIPLINE AND DISCHARGE 17.1 A newly hired patrol officer serving an entry level probationary period may be terminated at any time during the probationary period with or without reasons. A probationary employee shall have no right to appeal his or her termination under this Agreement. 17.2 The Union recognizes that the employer has the authority to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. Any non - probationary employee who is subject to discipline may appeal same pursuant to the grievance procedure or to the Civil Service Commission pursuant to Title VI of the Code, but not both. The filing of any appeal under one procedure constitutes a waiver of any right to appeal in another forum. Specifically, the grievance procedure set forth herein may not be utilized by an employee who has utilized the Civil Service appeal procedures. 17.3 Any officer who is suspended without pay or discharged shall be provided a written statement indicating the reason for such action. The written statement shall be given to the officer promptly upon taking the action and may, if circumstances warrant it, be served by mail addressed to the last known address of the employee. -21- 17.4 Appeal of disciplinary matters involving suspension or discharge may be initiated at step two of the grievance procedure within seven (7) days of the date of the action. ARTICLE 18. GRIEVANCE PROCEDURE 18.1 An employee and /or the Union, when damaged by an alleged violation of an express term of this Agreement, or by discrimination violative of State or Federal law, may process a grievance in strict conformity with the procedures and provisos set forth in this Article. 18.2 REPRESENTATION. Any police officer may seek the assistance of a Union representative in the preparation and presentation of a grievance. However, any employee may seek redress or adjustment of grievances or complaints by discussion with appropriate City officials without the necessity of consulting with the Union nor involving a Union representative in such discussions. 18.3 GENERAL. 18.3.1 DAYS. Whenever the word "days" is used in this Article, that word shall mean calendar days. 18.3.2 WRITTEN GRIEVANCE. Any grievance to be processed beyond the first step of the grievance procedure must be in writing and must state each of the following: (a) the matter complained of; (b) the date on which the -22- matter complained of occurred; (c) the sections or provisions of the Collective Bargaining Agreement allegedly misapplied or misinterpreted; (d) the disposition sought by the grievant; (e) the signature of the grievant or grievants who claim to be aggrieved by the matter being complained of and to whom any remedies shall apply; (f) the date of the grievance. 18.3.3 Any City official may take any action through a designee or alternate. 18.4 GRIEVANCE PROCEDURE. 18.4.1 The grievant will attempt to informally resolve grievances whenever possible through discussion with the supervisor. Supervisory employees in the Police Department shall meet with the grievant and participate in such discussions and attempts to resolve grievances. 18.4.2 STEP ONE. If the matter is not resolved, the grievance must be presented to the Captain in written form, in accordance with the conditions set forth above, within fourteen (14) calendar days of the date on which the incident or event giving rise to the grievance occurred or when the grievant knew or should have known of the facts giving rise to the grievance. The Captain shall give his written answer to the grievance within seven (7) days of the date on which he received the grievance. -23- 18.4.3 STEP TWO. If the grievant is not satisfied with the answer provided by the Captain, the grievant and /or the Union may request a meeting with the Chief or his designee to hear such grievance, provided that the request is made in writing, signed by the grievant and /or the Union, and is presented to the Chief or his designee within seven (7) calendar days of the date of the supervisor's answer in the previous step of the procedure. The Chief or his designee shall answer the grievance in writing within seven (7) days of the date on which the meeting is held. 18.4.4 STEP THREE. If the grievant is not satisfied with the decision of the Chief or his designee, the grievant and /or the Union may request a meeting with the City Manager or his designee provided that such request is in writing, is signed by the grievant and /or the Union and provided that the request is presented to the Manager or his designee within seven (7) days of the date of the written answer provided by the Chief or his designee. The City Manager shall answer the grievance in writing within ten (10) days of the date on which meeting was held. 18.4.5 STEP FOUR. If the decision rendered by the City Manager or his designee is unsatisfactory to the grievant, the Union may request appeal to arbitration by giving written notice of intent to submit the dispute to -24- arbitration within fifteen (15) days following receipt of the answer of the City Manager. Arbitration shall be pursuant to the then current rules of the American Arbitration Association. The decision of the Arbitrator shall be final and binding on the City, the employee and the Union. 18.5 MISCELLANEOUS PROVISIONS. 18.5.1 Any grievant may, upon request, be represented at any level of this grievance procedure by a representative of the Union, or by counsel with the approval of the Union, but no employee may be represented by any representative of any employee organization other than the Union. Any employee may discuss any matter, including the presentation of a grievance, with the City, and may have such grievance adjusted without intervention by the Union, provided that any such adjustment shall not be inconsistent with the terms of this Agreement. 18.5.2 The costs of arbitration shall be shared equally by the City and the Union. 18.5.3 If the grievant_ and /or the Union shall agree in writing to waive their right to utilize such other administrative forums available to them, charges of discrimination may be heard by an Arbitrator. 18.5.4 All claims for back wages shall be limited to the amount of wages that the grievant otherwise would have -25- earned less any compensation received for temporary employment obtained subsequent to removal from the City payroll and less any unemployment compensation benefits. 18.5.5 The processing or discussing of any grievance filed under this Agreement may be during the working time of the grievant and the Union representative involved, if any, to a reasonable extent. The City will take the employees work schedule into account in scheduling grievance hearings when possible. 18.5.6 TIME LIMITS. The time limits set forth for the processing of grievances shall be strictly adhered to. In the event that a grievance is not appealed to the next step of the grievance procedure within the time limits provided at any step, such grievance shall be declared closed and settled on the basis of the most recent City decision. In the event of failure to answer a grievance within the time limit provided, it shall be considered a denial and the Union may appeal the grievance to the next step of the procedure in accordance with the time limitations specified. Extensions of time may be requested by either party. To be effective, any extension of time must be set forth in writing. 18.5.7 Any provision of this Agreement to the contrary notwithstanding, the following matters shall not be proper subjects for the grievance procedure provided in -26- this Article. 18.5.7.1 Any matter which arose outside of the period during which this Agreement is effective. 18.5.7.2 Any matter not within the administrative control of the City. 18.5.8 The City by and through an officer, official or employee of the City may initiate a grievance alleging that the Union, a Union official or employee has violated an express provision of this agreement by filing a grievance with the president of the Union within fourteen (14) days of the occurrence of the violation or, within fourteen (14) days of the date knowledge of same was received by the City official involved. The Union president shall respond to the grievance in writing within seven (7) days of the date on which he received it. In the event the matter is not resolved the City may, at its option, demand arbitration by giving notice of intent to submit to arbitration to the president of the Union within fifteen (15) days following receipt of the answer of the Union president. Arbitration shall be pursuant to the then current Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the City, the employee and the Union. 18.5.9 The privilege of processing grievances on duty time will not be abused. -27- ARTICLE 19. REDUCTION IN FORCE 19.1 A reduction in the number of police officers in any class shall be made in the following order: Part -Time Probationary Permanent 19.2 Probationary and permanent police officers shall be laid off in reverse order of their seniority in the position being reduced. 19.3 A laid off employee shall have the right to displace an employee in a lower rank with less seniority based on the total length of continuous service with the Police Department. 19.4 Prior to effectuating any reduction in force under this Article, the City will meet with a representative of the Union to discuss and consider possible alternatives to the reduction in force. ARTICLE 20. WAIVER AND NOTICE 20.1 Failure of the City or the Union to enforce, or insist upon, the performance of any term, condition or provision of this Agreement in any one or more instances shall not be deemed a waiver of such term, condition or provision. No term, condition or provision of this Agreement shall be deemed waived by either of the parties hereto unless such -28- waiver is reduced to writing and signed by an agent of the respective party who has actual authority to give such waiver. If such written waiver is given, it shall apply only to the specific case for which the waiver is given and shall not be construed as a general or absolute waiver of the term, condition or provision, which is the subject matter of the waiver. 20.2 Where any provision of this Agreement requires that any notice or information be given by one party hereto to the other party within a specified time, such requirement will not be met unless such notice is personally served upon the official of the other party designated to receive such notice under the terms of this Agreement or left at such person's regular business office during normal business hours with his secretary or clerk, within the time limits specified in this Agreement. ARTICLE 21. ENTIRE AGREEMENT The Union and the City agree that this Agreement is intended to cover all matters affecting wages, rates of pay, hours, grievance procedures, working conditions, and all other terms and conditions of employment and similar and related subjects, and that during the term of this Agreement, neither the City nor the Union will be required to negotiate on any further matters affecting these or any other subjects not -29- specifically set forth in this Agreement. ARTICLE 22. TERM OF AGREEMENT This Agreement shall become effective January 1, 1982 and all of its provisions shall remain fully effective through December 31, 1983 unless amended by the parties as herein set forth. ARTICLE 23. STRIKES 23.1 Employees in the bargaining unit are prohibited from engaging or participating in any strike, work stoppage, work slowdown, or mass absenteeism involving employees of the City of Pueblo or the City of Pueblo. 23.2 The Union agrees not to engage in such action nor to encourage or condone or participate in any such activity by employees in the bargaining unit. ARTICLE 24. SAFETY 24.1 The City agrees to establish a safety committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Command staff of the Police Department. 24.2 The safety committee will consider and make recommendations concerning matters affecting the safety of police officers, including, but not limited to: the design and -30- equipment of police vehicles, safety improvements to vehicles, chase procedures and design and utilization of police equipment. 24.3 The safety committee shall convene within a reasonable time after a request for a meeting. Any request must indicate the subject to be taken up at the meeting. The City will submit a written position on matters raised by the Union within ten (10) days after the meeting. 24.4 Whenever possible, Department personnel will implement safety recommendations. 24.5 When a Police Officer reasonably feels that his assigned vehicle is unsafe, he may submit a written complaint of such, and a member of the Command staff, designated by the Management members of the Safety Committee for such purposes, shall investigate and resolve such complaint upon receipt. ARTICLE 25. SICK LEAVE 25.1 Sick leave shall be accrued by each permanent full -time police officer at the rate of one and one -half days for each month of completed full -time service for the City of Pueblo to a maximum of 190 days. 25.2 Paid sick leave to the extent the same is accrued and unused shall be granted to police officers in the case of actual illness, injury or disability of the police officer occurring without negligence of the police officer; provided, a -31- medical certificate subscribed by the employee's physician on forms supplied by the City shall be required for any absence for which paid sick leave is claimed by the employee exceeding three consecutive working days; provided, further, the City Manager, 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. Use or attempted use of paid sick leave benefits for any reason other than actual illness or 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. 25.3 Upon separation for any reason other than death, discharge, or retirement an officer whose sick leave accumulation exceeds 75 days shall be paid at his regular rate of pay for the amount of sick leave accumulated over 75 days, but not to exceed 75 days. 25.3.1 Upon separation due to retirement or death, an officer shall be paid at his regular rate of pay for all accumulated sick leave, but not to exceed 120 days. 25.3.2 In the event of death, such sum shall be paid to the surviving spouse of such employee. In the event there shall be no surviving spouse, then such sum shall be paid to the dependents of such employee. In the event there shall be no surviving spouse or dependents, no -32- benefit shall be paid by the City. For the purposes of this section, "dependent" shall mean any child, mother, father, grandmother, grandfather, sister, brother or grandchild, who was wholly or partially supported by the deceased employee at the time of his death and for a reasonable period of time immediately prior thereto. If such dependent be a son, grandson, or brother eighteen years of age or over, a father or grandfather, to be entitled to benefits, they must prove that they were actually disabled or incapable of earning their own living during the said time. 25.3.3 Separation benefits shall be paid immediately upon the effective date of separation. 25.4 A committee shall be established consisting of two designated representatives of the Union and two designated representatives of the City, which committee shall meet as necessary to study matters relating to alleged abuse of sick leave privileges. The Committee shall have the authority to institute an incentive plan to curb sick leave abuse. ARTICLE 26. MILITARY LEAVE Any permanent employee who presents official orders requiring his attendance for a period of training or active duty as a member of the United States Armed Forces shall be entitled to military leave for a period or periods not to -33- exceed a total of fifteen (15) calendar days in any one year, and he shall be entitled to full pay from the City for such period. Military leave shall be in addition to, and may not be concurrent with, authorized vacation leave. Any pay received by the employee from the military for the period during which he is placed on military leave status, excluding travel and meal allowance, up to an amount equal to the military leave pay provided to him by the City, shall be paid by the employee to the City. ARTICLE 27. SALARY Employees in the bargaining unit will be paid in accordance with the following monthly salary schedules and effective the dates indicated: 1 -1 -82 1 -1 -83 Police Sergeant $ 1918 $ 2079 Identification Sergeant 1918 2079 Corporal 1707 1851 Police Patrol Officer Entry 1178 1280 2nd Year 1382 1500 3rd Year 1487 1614 4th Year 1648 1787 ARTICLE 28. OTHER CONDITIONS During the term of this Agreement, wages, hours, working and other terms and conditions of employment will remain in effect except as set forth in this Agreement. -34- ARTICLE 29. TRAINING OFFICER Training officers shall be selected by the City based upon the City's judgment relative to experience, knowledge and ability to effectively supervise and train. ARTICLE 30. TRAINING 30.1 The City shall provide such in- service training in matters relating to police duties and obligations as the City, in its sole discretion, deems necessary and desirable. A minimum level of 40 hours training per year is deemed desirable by the parties. 30.2 Whenever the Chief receives notice of any special training school in the law enforcement field, he shall place a copy of it in the Police Union Box or some similar designated place at the Pueblo Police Department Building, 130 Central Main, Pueblo, Colorado, utilized in transmitting written communications from the Police Department to the Union. Any police officer desiring to attend such school may apply to the Chielf in writing for permission to do so. The Chief has the right to select which officer (if any) will attend the school. 30.3 The City recognizes its responsibility to maintain requirements for firearms training and practice. 30.4 The City shall make available ammunition at its expense for any City- mandated firearm training and practice. -35- ARTICLE 31. COURT TIME All required time spent by a police officer in judicial proceedings arising out of his employment shall be considered authorized overtime work if it occurs at any time other than during such officer's normally scheduled duty hours. Such court time shall be compensated at the rate of time and one -half in cash for a minimum of one hour. I.f a police officer is required to participate in such judicial proceeding or hold himself available for such participation while said officer is on his scheduled vacation leave, such officer (in lieu of his scheduled vacation day) shall have added to his accrued vacation credit one vacation day for each day participating in such judicial proceedings or waiting for such proceedings, in addition to the payment to him of court overtime in cash as provided above. When a police officer on injury leave is required to particiapte in a court related proceeding as outlined herein, such participation shall be construed to have occurred during a period of time that would fall within the officer's regular work schedule. In no event shall an officer be paid more than time and one -half for Court time under this Article. And in no event shall Court time payments under this Article be combined with Vacation Leave or any other type of leave so that an officer is being paid at more than time and one -half. -36- ARTICLE 32. APPOINTMENTS 32.1 All entrance appointments shall be probationary for a period of one (1) year. All promotional appointments shall be probationary for a period of six (6) months. 32.2 The following minimum service requirements with the City of Pueblo shall be prerequisite to Civil Service Commission Police Department Promotional Examinations: 32.2.1 For corporal, four (4) years service as a police patrol officer since last date of hire; 32.2.2 For sergeant, four (4) years total service since the last date of hire as a police patrol officer or corporal; 32.2.3 For captain, two and one -half (2 -1/2) years service as a sergeant since the last date of promotion. ARTICLE 33. INSURANCE 33.1 HEALTH INSURANCE. 33.1.1 The City will obtain health insurance and major medical coverage for employees in the bargaining unit. The City will contribute the full cost toward the employee's coverage and up to $81.00 per month toward the cost of such insurance for dependents. Effective January 1, 1983, the City will contribute up to $86.00 per month toward the cost of such insurance for dependents. -37- 33.1.2 The City may arrange for a plan of insurance which provides for co- insurance or deductibles in the amount of $100.00 per individual or $200.00 per family in conjunction with the health insurance plan. 33.1.3 The parties shall form a committee composed of two designated representatives of the Union and two designated representatives of the City, which committee shall meet as necessary to study available plans of insurance and to make recommendations concerning same to the City Manager. 33.2 DENTAL COVERAGE. 33.2.1 The City will pay up to $20.00 per month toward the full cost of individual or family dental coverage. 33.2.2 The City may provide a dental plan with a deductible not to exceed $50.00 per person. ARTICLE 34. COMPENSATION DURING PAID LEAVE A police officer, during periods of authorized leave with pay, shall, in addition to being paid his salary as if he were performing duties during such periods of leave, receive the following benefits and compensation as if he were present and performing his regular duties: 34.1 Accrual of vacation and sick leave; 34.2 Uniform allowance; -38- 34.3 College education bonus; 34.4 College tuition reimbursement; 34.5 Longevity compensation; 34.6 Insurance coverage; 34.7 Such other benefits as by the terms of this Agreement are intended to be available during periods of authorized leave. ARTICLE 35. EDUCATIONAL INCENTIVE 35.1 Upon recommendation of the Department Head and after prior approval of the City Manager, the City of Pueblo shall reimburse a permanent, full -time employee upon successful completion of an approved course or courses in educational or vocational training. The course for training must be related to the work, be designed to improve competence in the job, and be of value to the employee's services to the City. The amount to be reimbursed will not exceed seventy -five percent (75 %) of the cost of tuition, fees and books. 35.2 In addition to any other compensation to which a police officer may be entitled, each officer shall receive an annual education incentive in accordance with the table set forth below, provided that the officer has at least one year of service with the City of Pueblo, and provided further, that the other conditions of this Article are met: -39- - 30 Semester Hours - $200.00 - Associate Degree - $400.00 35.3 Educational incentive will only be paid to officers whose education is related to law enforcement work. Additionally, it is the responsibility of the officer to advise the City of the level of payment to which he is entitled and to present substantiation of the completed course work for which he claims credit. ARTICLE 36. RATE OF PAY AND APPOINTMENT TO TEMPORARY DUTY IN A HIGHER CLASS When an employee is assigned to work in a higher classification for a period cumulatively amounting to one shift or more within a pay period, the employee shall be paid seventy -five percent (75 %) of the difference in pay between his normal rank and the rank in which he is acting for the actual period of such service. The methodology for appointment to temporary duty in a higher class shall be that found at Section 6- 5 -7(d) of the City ordinances in effect on August 1, 1981. ARTICLE 37. UTILIZATION OF SPECIAL SKILLS The City recognizes that certain police officers, by their own initiative, may have obtained special skills and knowledge applicable to law enforcement work. Police officers possessing such special skills and knowledge must -40- advise the Chief in writing of their possession of such special skills and knowledge and the manner in which they were obtained. The City reserves the right, if it is in the City's best interest, to utilize such special skills and knowledge. ARTICLE 38. MISCELLANEOUS PROVISIONS 38.1 Shifts schedules shall not be assigned arbitrarily or capriciously with respect to police officers who are enrolled in course work at an accredited institution of higher education that is job related and has been approved in advance by the City Manager. 38.2 The City shall explore reasonable alternatives toward providing separate locker rooms and shower facilities for male and female police officers. 38.3 A committee composed of two (2) members appointed by the City and two (2) members appointed by the Union shall be established to submit recommendations to the City Manager relative to the advisability and proposed methods of providing psychological services for police officers. 38.4 There shall be established a committee consisting of two designated representatives of the Union and two designated representatives of the City, which committee shall meet as necessary to study and resolve the problems relating to persons on duty desiring to take civil service -41- promotional examinations. ARTICLE 39. PARTIALLY DISABLED EMPLOYEES - LIGHT DUTY 39.1 If, as a result of an injury or illness, an employee is temporarily disabled and unable to efficiently perform the duties of his position, but is able to efficiently perform the duties of some other position of the Police Department in which a vacancy exists and which position is compatible with the employee's skills and abilities, then the Chief may refer the employee for placement in such vacant position for a period not to exceed six (6) months. Upon approval of the department head and City Manager, the employee may be so employed. Such assignment shall be called light duty. 39.2 The salary of an employee on light duty shall be at least equal to the salary at which he was employed at the time of his injury or illness. 39.3 During his period of temporary disability, the said employee shall be entitled to pay pension contributions and shall continue to receive health- medical plan benefits, and accrue credits for sick leave and vacation leave. 39.4 Upon presentation of a doctor's certificate stating that the employee is physically capable of performing all the duties of the position in which he was -42- classified to work at the time of his injury or illness, he shall be returned to full duty at that classification. If the department head determines that the work of the employee upon return to work is not satisfactory, the department head may cause the employee to be re- examined to determine his ability to perform. 39.5 Any employee who refuses to cooperate in the placement program, by failure to accept or continue in the employment offered, shall, as of any such refusal, be disciplined. 39.6 The provisions of this Article will be equitably applied. ARTICLE 40. FUNERAL LEAVE 40.1 In addition to all leave benefits authorizd under the terms of this Agreement, police officers shall be entitled to funeral leave benefits pursuant to the terms of this Article. Funeral leave shall be a special administrative leave, which is not accrued, not subject to any maximum, and not charged against any other accrued leave benefits. 40.2 Each police officer shall be entitled to funeral leave for a period not to exceed four (4) calendar days, commencing with the day of death, in the event of the death of a member of the officer's immediate family. Such leave -43- shall be paid leave for any of the four (4) calendar days that are scheduled work days. 40.3 For the purposes of this Article, the immediate family shall include: Parent, brother, sister, spouse, child, grandparent, mother -in -law, father -in -law, or other relative residing in the same household as the officer. 40.4 Each police officer shall be entitled to paid leave from duty for one (1) calendar day per year in order to attend the funeral of a person other than a member of his immediate family. ARTICLE 41. WORK SCHEDULE 41.1 The basic daily work shift for police officers 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 scehdule during the term of the Agreement, a police officer may be required to work more than eight (8) hours in a twenty -four (24) hour period for the purpose of accomplishing normal rotation of shifts. 41.2 The week for police officers shall begin at 12:01 A.M. Sunday and end at twelve midnight the following Saturday. The Police Officers° basic work week shall consist of forty (40) working hours during such seven (7) day period. -44- 41.3 The basic work schedule of police officers shall contain two (2) consecutive days off during each work week. Police officers shall not be required to work more than eight (8) consecutive days of duty. 41.4 During each eight (8) hour work day, when conditions reasonably permit, each police officer shall be entitled to a minimum of one -half hour as a meal break. Police officers on meal breaks shall be allowed to remain out of service and out of their assigned beats unless actual emergencies require their immediate return to police duties. 41.5 There shall be no split shifts. 41.6 The Chief, with written consent of any police officer, may assign to such officer a work schedule for a period not to exceed six (6) months not set forth in this Article. 41.7 All shifts that rotated on April 1, 1981, shall be rotated each twenty -eight (28) days during the life of this Agreement. ARTICLE 42. REPORTING 42.1 Any officer or employee who finds it necessary to be absent from duty due to emergency, shall report the reasons therefor to his supervisor or department at least one hour before working time, on the first day of such -45- absence. If this is not possible, the employee shall report to his supervisor or department at the earliest possible time and shall state the reasons for his failure to report at least one hour before working time. Failure of an employee to so report may be grounds for disciplinary action. 42.2 All unauthorized absences without leave shall be grounds for disciplinary action. Reduction of pay shall be made for all periods of unauthorized absences. 42.3 Unauthorized absences for more than five (5) working days shall be deemed to be and shall constitute a resignation from employment by the employee. -46- Signed this . � z day of d , 1981. City of Pueblo (....._---) A1,111, 2 3 /-- By: President O Council Attest: (--__ 2 I City C1 -rkf' Approved as to form: 77(--;;;1 1)7..! = " , ._- . Thomas E. J , t Attorney International Brotherhood of Police Officers (IBPO), Local j ,7 / / /%� By. 7 r -14' - Pr -: dent By: 1-.6. o f , 401110" -• et- ; -47-