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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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)
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(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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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;
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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:
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- 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
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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
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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
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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
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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.
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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
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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.
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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- ;
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