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HomeMy WebLinkAbout05792ORDINANCE NO. 5792 AN ORDINANCE APPROVING AN AGREEMENT AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND LOCAL 537, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS BE IT ORDAINED BY THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Agreement amending the Collective Bargaining Agreement between the City of Pueblo, a Municipal Corporation, and Local 537, International Brotherhood of Police Officers, the original of which is on file in the Office of the City Clerk, having been approved by the City Attorney, is hereby approved and adopted. SECTION 2 The President of City Council is authorized and directed to execute the Agreement for and on behalf of the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED March 22 , 1993 BY MICHAEL OCCHIATO Council member APPROVED Preside t of the City Council ATTEST: ity Cl rk N AGREEMENT T� This Agreement is executed this 2e day of /77 R !.L , 1993, by and between the City of Pueblo, Colorado, a Municipal Corporation, (hereinafter referred to as the "City "), and Local 537 of the International Brotherhood of Police Officers, (hereinafter referred to as "Local 537 "). WHEREAS, on December 27, 1991, the City and Local 537 entered into a Collective Bargaining Agreement, pursuant to Article 8 of the Charter of the City for the period commencing January 1, 1992, and, WHEREAS, the Police Department of the City is in the process of reorganization, and, WHEREAS, the City and Local 537 desire to amend the Collective Bargaining Agreement so that the reorganization can proceed, provisions are made for the assignment of police officers to permanent shifts, and the payment is made to such officers of the City's shift differential. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. The Collective Bargaining Agreement is hereby amended by the addition of two new Articles, Article 44 and Article 45, copies of which are attached hereto and incorporated herein by reference as if set out in full. 2. Articles 31 and 33 of the Collective Bargaining Agreement are hereby amended to read in accordance with the copies thereof attached hereto and incorporated herein by reference as if set out in full. CITY OF PUEBLO B Preside of the Council ATTEST: 111 : L t-0 Approved as to form: City Attorney LOCAL 537, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS By c as E. Griggs, ' ent /TI VMW r or AM plw_wq I 1 � 2�- -2- ARTICLE 31. COMPENSATION DURING PAID LEAVE Except as otherwise provided in this Agreement, 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: 31.1 Accrual of vacation and sick leave; 31.2 Uniform allowance; 31.3 College education bonus; 31.4 College tuition reimbursement; 31.5 Longevity compensation; 31.6 Insurance coverage; 31.7 Shift differential 31.8 Such other benefits as by the terms of this Agreement are intended to be available during periods of authorized leave. ARTICLE 33. WORK SCHEDULE 33.1 There shall be three (3) prescribed work schedules and shifts for police officers, denominated as schedules "A ", " B " , or "C ", as hereinafter set forth: A. (1) The basic daily work shift for police officers assigned to the "A" schedule shall consist of eight (8) consecutive hours of duty in any twenty -four (24) hour period. However, once during each twenty -eight (28) day work period, a police officer assigned this schedule may be required to work at his regular rate of pay for more than eight (8) hours in a twenty -four (24) hour period for the purpose of accomplishing rotation of shifts, or attendance at inservice training scheduled for three (3) or more consecutive days. (2) The work schedule of such police officers during each twenty -eight (28) day work period shall provide for two (2) consecutive days off during each seven (7) consecutive days within the work period. Police officers shall not be required to work more than five (5) consecutive days of duty, at their regular rate of pay, except for the purpose of shift rotation, or rotation of days off, when they may be required to work up to eight (8) consecutive days at their regular rate of pay. B. (1) The basic daily work shift for police officers assigned to the "B" schedule shall consist of ten (10) consecutive hours in any twenty -four hour period. (2) The work schedule of such police officers during each twenty -eight (28) day work period shall provide three (3) consecutive days off for each four (4) days worked. Such officers shall not be required to work more than four (4) consecutive days, at their regular rate of pay, except for the purpose of rotation of days off, when they may be required to work five (5) consecutive days at their regular rate of pay. (3) Only volunteers may be assigned to the "B" schedule and shift. C. (1) The basic daily work shift for police officers assigned the "C" schedule shall consist of eight and one - quarter (8 1/4) hours of consecutive duty in any twenty -four (24) hour period. Officers working in the patrol division of the police department shall be assigned to this "C" shift and schedule. Such officers shall not be required to work at their regular rate of pay more than eight and one - quarter (8 1/4) hours in any twenty -four (24) hour period. (2) The work schedule of such officers during each twenty -two (22) day work period shall provide for a total of fifteen (15) days of duty in three (3) periods of five (5) consecutive work days each. During each such work period each officer shall be provided a total of seven (7) days off in two (2) periods of two (2) consecutive days off each and one (1) period of three (3) consecutive days off. Police officers assigned to the "C" schedule shall not be required to work more than five (5) consecutive days of duty at their regular rate of pay. However, not more than once each calendar quarter, such an officer may be required to forego the third day of a period of three (3) consecutive days off, thereby working six (6) consecutive days. The first work day of such six (6) consecutive day period, may be a different shift than such officer's regularly scheduled shift. (3) Regularly scheduled days off shall rotate for police officers assigned the "C" schedule by rotating forward one (1) day each twenty -two (22) day work period. (4) Officers assigned the "C" schedule in the patrol division shall work frozen shifts and shall bid for their shift assignments pursuant to Article 44 of this Agreement. 33.2 During each work day, when conditions reasonably permit, each police officer shall be entitled to one -half (1/2) hour as a meal break. Police officers on meal break shall be allowed to remain out of service and out of their assigned beats unless the needs of the department require their immediate return to police duties. 33.3 There shall be no split shifts. ARTICLE 44. SHIFT ASSIGNMENT 44.1. Officers assigned to the patrol division or other working units of the police department, wherein they are assigned to one (1) or more frozen (non - rotating) shifts, shall be assigned to one (1) of the frozen shifts by the following methodology: A. Once each year immediately prior to the annual selection of blocks of vacation, officers assigned to the Patrol Division or other working units with frozen shifts shall bid for their shift assignments. B. Assignments to frozen shifts shall be based upon consecutive length of service with the department and the selection methodology shall be the same as for vacation selection. Sergeants shall bid as a group prior to patrol officers and corporals bidding as a single group. C. The assignment of an officer to a frozen shift shall not be changed between annual assignments, except pursuant to the provisions of this Article or by transfer of the officer to a different division or working unit of the police department. 44.2. Officers desiring to trade shift assignments for the remainder of an annual assignment term may do so by filing a request for trade with the division commander. Notice of such request shall be posted for ten (10) days. At the end of ten (10) days the officer may trade shifts with the most senior employee desiring the trade. If no officer agrees to trade, the officer requesting a trade shall remain with his frozen shift assignment. An officer may request a shift trade not more than once each six (6) month period. 44.3. A police officer transferred by the Chief of Police to a division or other working unit of the police department with frozen shifts, shall have the opportunity to select his shift assignment by bumping the least senior employee on the shift he desires, if there is no vacancy on such shift and if such bumped employee has less seniority than the bumping officer. A bumped officer shall exercise similar bumping rights within the same division or working unit. 44.4. The Chief of Police may transfer an officer from one frozen shift to another within the same division or working unit upon a temporary basis not to exceed sixty (60) work days in each calendar year, provided that the reason for such transfer is not contrary to any of the other provisions of this agreement and is not for the purpose of avoiding the payment of overtime compensation. 44.5. The Chief of Police may involuntarily transfer an officer from one frozen shift to another within the same division or working unit, but such transfer shall be for just cause only, subject to the grievance procedure. ARTICLE 45. SHIFT DIFFERENTIAL 45.1. For the purpose of determining eligibility for payment of shift differential, there shall be three (3) duty watches at the Pueblo Police Department as follows: A. Watch I (days) shall constitute all duty assignments which begin between 6:00 a.m. and 10:00 a.m. of any work day. B. Watch II (afternoons) shall consist of all duty assignments which begin between 10:00 a.m. and 4:00 p.m. of any work day. C. Watch III (graveyard) shall consist of all duty assignments other than Watch I or Watch II. 45.2 In addition to all other compensation payable pursuant to this agreement, an officer assigned to Watch II for any portion of a calendar month shall be paid a shift differential for that month in an amount equal to twenty cents ($.20) per hour multiplied by the number of hours in a normal work month. 45.3. In addition to all other compensation payable pursuant to this agreement, an officer assigned to Watch III for any portion of a calendar month shall be paid a shift differential for that month in an amount equal to forty cents ($.40) per hour multiplied by the number of hours in a normal work month. 45.4 For the purpose of this Article, a normal work month shall consist of one hundred seventy -three and eighty -three one - hundredths (173.83) hours. 45.5 No officer shall be entitled to shift differentials under both Section 45.2 and Section 45.3 of this Article for the same month. If an officer is assigned to both Watch II and Watch III during the same month, he shall receive shift differential only for Watch III for that month.