Collective Bargaining 20 Flashcards
Collective Bargaining Agreement
The following Agreement by and between the City of San Antonio, Texas, hereinafter referred to as the City, and the San Antonio Police Officers’ Association, hereinafter referred to as the Association, is recorded, in accordance with the ______________________.
Fire and Police Employee Relations Act of the State of Texas
The City and the Association agree that the efficient and uninterrupted performance of the municipal police function is a primary purpose of this Agreement, as well as the establishment of fair and reasonable compensation and working conditions for the Police Officers of the City. The Agreement has been reached through the process of collective bargaining with the objective of serving the aforementioned purposes and with the further objective of fostering effective cooperation between the City and its Police Officers. Therefore, this Agreement is intended to be in all respects in the public interest.
Page 9 Preamble collective bargaining agreement
Collective Bargaining Agreement
Association” means the ____________________________.
San Antonio Police Officers’ Association
ARTICLE 2 Definitions Collective Bargaining Agreement
Collective Bargaining Agreement
“Board of Directors” means those members of the Association who are duly elected, or appointed and serve as members of the Board of Directors of the organization pursuant to the Constitution and By-laws of the Association. The Board of Directors shall include those members of the Executive Board as defined below, and in no event shall more than __________ be allowed to attend meetings in an on-duty status.
twenty (20)
ARTICLE 2 Definitions (page 9) CBA
Collective Bargaining Agreement
“Calendar days” means each day ___________ of weekends and holidays.
inclusive
ARTICLE 2 Definitions (page 9) CBA
“______” means the Chief of Police of the City of San Antonio.
Chief
ARTICLE 2 Definitions (page 9) CBA
“______” means the City of San Antonio.
City
ARTICLE 2 Definitions (page 9) CBA
“_______” Manager means:
the City “__________” of the City of San Antonio.
City Manager
“Commission” means the _________________ Civil Service Commission of the City of San Antonio.
Fire Fighters and Police Officers
“Days” as used in Article 28 and Article 29 for disciplinary action shall be defined as ______________ day.
an eight (8) hour
“________________” means those six (6) members of the Association who are elected, or appointed to fill the offices of *President,
*Vice President, *Secretary, *Treasurer, *Parliamentarian, and *Sergeant-at-Arms
of the Association.
Executive Board
“Gender” Reference to the male gender throughout this Agreement ______________________ reference to the female gender.
shall have equal force and include
“_____________” means any and all disputes arising under the Grievance Procedure in Article 15.
Grievance
“____________” means time in service in the Department from the date the employee became a probationary Police Officer.
Longevity
“Member” means:
either member of the Association or member of the bargaining unit.
“Officer” means any sworn Police Officer employed in the Police Department of the City, with the exception of the _________________.
Chief of Police.
“Strike” means, whether done in concert or individually, a failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including, but not limited to, “__________”, “__________”, and the intentional failure to make arrests), for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment.
“slowdowns”, “sickouts”, and the intentional failure to make arrests
“Working days” means each day ___________________.
exclusive of weekends and holidays.
The __________ shall deduct monthly Association dues from each individual member who has voluntarily authorized Association dues deductions. The letter requesting Association dues deduction shall be signed by the _______________________.
City / President of the Association
The City hereby recognizes the _________ as the sole and exclusive collective bargaining agent for the unit consisting of all sworn Police Officers, except the Chief.
Association
Any individual member of the bargaining unit wishing to voluntarily withdraw his authorization for Association, CLEAT, or POLPAC dues deductions and ____________, must identify himself and personally sign the appropriate form in the Police Department Accounting Office at Headquarters.
not in uniform
On __________________ the City shall deduct six (6) hours from each officer’s credited vacation time and credit the time deducted to a pool for use by the Association.
October 1st of each year
Requests for leave by Association board members shall be made in writing by the Association President to the Chief. The Association President shall annually submit a list of the names of____________ who shall have the right to use Association Leave with a minimum notice of twenty- four (24) hours. This list of members eligible for expedited use of Association Leave may be amended no more than once in each calendar quarter. All others using Association Leave shall be required to submit the leave request no less than five (5) calendar days in advance of the anticipated date of leave. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio.
ten (10) members
The City shall notify the Association and/or CLEAT in writing of any member who revokes or adds his authorization for dues deduction including POLPAC within _________________ from the revocation or addition of the deduction.
thirty (30) calendar days
Whenever an Association member dies, and the City is notified as provided herein, the City will automatically deduct twice the amount of dues from each Association member’s payroll during the month immediately following the Association member’s death.
In the case of multiple applicable deaths in a month the Association may have the double deductions spread over a period of months upon reasonable notice to the City.
As with other deductions, said amount will be forwarded directly to the Association, provided, however that the Association will reimburse the amount of the increased deduction within ____________________ to any member who makes a written request for such reimbursement to the President of the Association.
The Association will disburse the additional dues collected to the designated beneficiary or beneficiaries of the deceased member.
Any member may designate or change beneficiaries as provided by policy or rule of the Association.
Any Association member who requests reimbursement of dues collected from benefits after another member dies, and officers who are not Association members, shall not be eligible for the benefits provided in this Section.
The Association shall be responsible to notify the City before the deduction of the double dues occurs.
fourteen (14) calendar days
Whenever an Association member dies, and the City is notified as provided herein, the City will automatically deduct twice the amount of dues from each Association member’s payroll during the month immediately following the Association member’s death.
In the case of multiple applicable deaths in a month the Association may have the double deductions ___________________________________.
As with other deductions, said amount will be forwarded directly to the Association, provided, however that the Association will reimburse the amount of the increased deduction within fourteen (14) calendar days to any member who makes a written request for such reimbursement to the President of the Association.
The Association will disburse the additional dues collected to the designated beneficiary or beneficiaries of the deceased member.
Any member may designate or change beneficiaries as provided by policy or rule of the Association.
Any Association member who requests reimbursement of dues collected from benefits after another member dies, and officers who are not Association members, shall not be eligible for the benefits provided in this Section.
The Association shall be responsible to notify the City before the deduction of the double dues occurs.
spread over a period of months upon reasonable notice to the City
_________________ shall have the right to visit the premises of the Police Department for the purpose of administering this Agreement.
Such visits shall be conducted in a manner so as not to interfere with the functions of the Department.
The Executive Board
The Association’s negotiating team, not to exceed _______________, shall be permitted to meet with the Association President or to attend negotiating sessions with City representatives, where such sessions or meetings are scheduled during working hours, without loss of pay; or shall be given time off without loss of pay for the scheduled Dog Watch “C” shift immediately preceding such negotiating sessions.
six (6) members
The City agrees that the President of the Association will be placed on _______________ during the term of his presidency.
The __________________ will give the Association President the latitude to deal with the duties of his presidency while retaining the privileges of his employment, while the Chief of Police retains the right to recall him to duty during an emergency or special event involving overriding need for the protection of the citizens of San Antonio.
special assignment
** For the purposes of accounting, the President of the Association will be assigned to the __________________.
It will be the responsibility of the President of the Association to notify and submit proper paperwork to the __________________ accounting for all personal leave time to include but not limited to compensatory, vacation, holiday, bonus day, military leave, and sick time.**
Accounting Office / Accounting Office
For the purposes of accounting, the President of the Association will be assigned to the Accounting Office.
It will be the responsibility of the President of the Association to notify and submit proper paperwork to the Accounting Office accounting for all personal leave time to include but not limited to: _______________________________.
compensatory, vacation, holiday, bonus day, military leave, and sick time.
The Association President, as part of his Association duties, reserves the right, as in the past, to mitigate grievances at all ________and __________ levels in order to reduce the number of complaints and, in all cases, reserves the right to speak, visit with the men and women who are members of the Association, as well as to tour existing police facilities and to inspect equipment that will improve the quality of work life for the police officers of the City of San Antonio whom he represents
informal and formal
The City shall grant Association leave paid in accordance with Article 3, Section 2(E) to a maximum of _________ Officers at any given time at the request of the Association President. Such request will be granted, except in the case of emergencies or where the same would impair the operations of the Department or where the granting of the same would adversely affect the welfare of the citizens of San Antonio. An additional ________ members shall be eligible for Association Business Leave for conferences, occasions, events or meetings when the need for such additional personnel is legitimate, no more than ________ times per year. It is understood and agreed that a request under this exception shall be subject to modification or denial by the Chief where a reasonable basis exists, taking into account the staffing needs of the Department.
ten (10)
five (5)
five (5)
The Association may maintain ______ bulletin board at each of the decentralized stations or other police facilities and ______ bulletin boardsat the headquarters building.
one (1)
two (2)
The bulletin boards, e-mail, and video presentations shall be used only for the following notices:
(1) Recreation and Social Affairs of the Association.
(2) Association Meetings.
(3) Association Elections.
(4) Reports of Association Committees.
(5) Rulings or policies of the State or National Association.
(6) Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations.
Notices or announcements ___________ contain anything political, or anything reflecting on the City, any of its employees, or any labor organization among its employees.
shall not
Members of the Board of Directors.
Members of the Board of Directors who are on duty shall be permitted to attend the _______ regularly scheduled board meetings each month, and up to _________ specially called Board of Directors meetings per fiscal year. Such members of the Board of Directors who are on duty shall be subject to emergency recall, and the Association shall insure the immediate response capability of these Officers.
two (2)
two (2)
Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at shift roll-call meetings about Association business for a period not to exceed _____________. Prior to speaking at such roll calls, the Association representative shall notify the appropriate supervisor that he intends to speak.
ten (10) minutes
Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak at in- service training for a period not to exceed ________. The President of the Association shall notify the Academy Commander in writing in __________ of the preceding year of the Association’s intent to use a ____________ block with the yearly in-service training beginning in January of each year. The Academy Commander shall schedule the __________ block and notify the Association in writing of the dates and time to appear.
one (1) hour.
November
one (1) hour
one (1) hour
Members of the Executive Board, members of the bargaining team, persons appointed by the Association to represent the Association and Board of Directors shall be permitted to speak to each Police Academy cadet class for a period not to exceed _____________. Unless mutually agreed upon, such speaking shall be scheduled__________________. The Association shall provide a lesson plan to the Academy Commander and shall permit staff monitoring to assure compliance under this section.
three (3) hours
in no less than two (2) one (1) hour thirty (30) minute blocks. (1.5 x 2 = 3)
Discussion by Association representatives _______________________;
shall pertain only to the recreation and social affairs of the Association
The City shall not engage in the following practices:
A. Interfere with, restrain, or coerce Officers in the exercise of rights granted in this Agreement.
B. Dominate, interfere, or assist in the formation, existence or administration of any employee organization; or contribute financial support to any such organization.
C. Encourage or discourage membership in any employee organization by discrimination in hiring, tenure, training or other terms or conditions of employment.
D. Discharge or discriminate against any Officer because he has filed any affidavit, petition, grievance, or complaint; or given any information or testimony alleging violations of this Agreement; or because he has formed, joined, or chose to be represented by any employee organization.
E. Make or permit any agreement, understanding, or contract with any person, including a member of the bargaining unit, which in any manner circumvents, alters, amends, modifies, or contradicts any provision of this Agreement. For example, condoning a practice of Officers volunteering to circumvent this Agreement on job assignments, relief days, hours worked, or compensation would obviously violate this provision.
F. Discriminate against any Officer protected under Title VII of the Civil Rights Act or the Texas Commission on Human Rights Act or because of association, or non-association, or affiliation; or discriminate in the application or interpretation of the provisions of this Agreement.
The City shall provide the following materials to every officer:
A copy of special orders, general orders, training bulletins, rules and regulations, Texas Penal Code, Traffic Laws, Code of Criminal Procedure, and a copy of The Collective Bargaining Agreement.
What statement is the ARTICLE 6 “No Strike Clause”?
The Association shall not cause, counsel, or permit its members to strike, slow down, disrupt, impede or otherwise impair the normal functions of the Department; nor refuse to cross any picket line by whoever established, where such refusal would interfere with or impede the performance of the Officer’s duties as an employee of the City. The City shall not lock out any Officer.
The Association recognizes the City’s existing right to establish and enforce rules and regulations, special directives, administrative orders, and amendments for the conduct of the mission of the Department subject to the terms of this Agreement. The Chief has the right to amend, suspend, and/or alter such rules and regulations _________________________________.
subject to the terms of this Agreement and approval of the Commission.
Any person, whether sworn or unsworn, wishing to address Police Officer roll calls on any subject (except _________________________) must receive written permission from the Chief of Police or President of the Association. When permission is granted by the President of the Association, the restrictions involving subject matter and time outlined in Article 3, Section 6, shall apply.
bargaining unit members who are running for Association office or shift representative and wish to make a statement concerning an election within the Association.
Chevrolet Tahoe and Ford Crown Victoria marked vehicles having___________ miles on their odometers and assigned to the uniform division, must be retired from the uniform division fleet. An Officer will not be required to operate a marked Chevrolet Tahoe or Ford Crown Victoria vehicle assigned to the uniform division having ___________ miles or more on its odometer. Additionally, an Officer will not be subject to disciplinary action for refusing to comply with an order to drive marked Chevrolet Tahoe or Ford Crown Victoria vehicles in the uniform division which had ____________ miles or more on its odometer. Prior to ___________ miles, a Chevrolet Tahoe or Ford Crown Victoria vehicle may be retired from the uniform division fleet if considered unsafe by the head of the vehicle maintenance unit or a Division Commander. No Officers in the uniform division may be ordered to drive a Chevrolet Tahoe or Ford Crown Victoria patrol vehicle which has in excess of ___________ miles. Any vehicle retired from use in the uniform division pursuant to this agreement may be used by the Department in other divisions, provided that the vehicles are sound and safe to operate.
100,000
Ford Explorer Police Interceptor marked vehicles will be retired at __________ miles pending the results of a pilot program test group.
70,000
The Vehicle Maintenance Supervisor shall maintain records on the maintenance of all police vehicles. When a vehicle reaches the ___________ miles odometer reading, a review of the vehicle’s maintenance record will be conducted. If deemed necessary, the Vehicle Maintenance Supervisor may request an exhaustive mechanical evaluation be performed on the vehicle. Any Officer may request an exhaustive mechanical evaluation of police vehicle when the vehicle reaches the __________-mile mark. This inspection will be accomplished in a timely manner or another vehicle will be provided for the Officer.
30,000
Take-Home Cars.
The City shall provide to Officers occupying the rank of Lieutenant or above a City-owned vehicle for the Officer’s use during his employment on active duty status and for the Officer’s use in driving to and from home. In lieu of a take-home vehicle, the Department may offer said officer a monthly car allowance of $____ per month. An eligible officer may initially opt for a City-provided, unmarked vehicle (with less than 10,000 miles on its odometer) or the allowance as previously noted. During the period of June 1 to July 1 of each calendar year, the Officer may elect to change from his car or car allowance. If an eligible Officer opts for a vehicle, and the same is unavailable, such officer may draw the $_______ car allowance until the vehicle is furnished. The use of a City vehicle by an Officer may be revoked by the Chief if the individual assigned the vehicle is not insurable per state minimum requirements. Each Officer assigned a vehicle shall be required to use the vehicle in a manner consistent with Department policies. Any Officer assigned a vehicle shall not be eligible to receive any car allowance, as otherwise provided by the City. The Chief has the sole discretion whether to assign or not assign or to remove a vehicle from any other officer in any rank below Lieutenant. Assignment by the Chief of a vehicle to another Officer below the rank of Lieutenant shall not be grounds for filing of a grievance based upon the equal pay standards of Chapter 143 of the Local Government Code or any provision of this Agreement.
$300.00
The City shall provide to all Officers the option of selecting soft body armor with a minimum standard of Threat Level III-A or Threat Level II. Such vests shall meet the highest levels of specifications as determined by the Labor Relations Committee outlined in Article 9. Vests shall be provided to all new Officers prior to the end of their first week as Officers. Vests shall be replaced every _________ years by making a proper request to the Division Commander.
five (5) years
Section 6. Ammunition.
In addition to the ammunition provided by the Department for mandatory in-service firearms training, each Officer is entitled to ______________________ rounds of .40 caliber ammunition per year. The Department shall provide all initial and annual ammunition required for annual qualification with a rifle or shotgun, regardless of whether the weapon is Department issued
one hundred (100)
The _____________ shall provide all initial and annual ammunition required for annual qualification with a rifle or shotgun, regardless of whether the weapon is Department issued.
Department
Candidates who purchase study materials and who score ________ or higher on each of the examinations applicable to the promotion sought will be reimbursed for the price of the study materials.
seventy percent (70%)
A final official rank order list shall be created of all eligible candidates in accordance with all the promotional procedures set forth herein. The final list of eligible candidates for the rank of Lieutenant and Captain shall remain in effect for ______________. The final list of eligible candidates for the rank of Detective Investigator and Sergeant shall remain in effect for ____________________. When the Sergeant assessment is initiated, the final list of eligible candidates for the rank of Sergeant will increase from ______________ to _______________.
eighteen (18) months
twelve (12) months
twelve (12) to eighteen (18) months
Officers promoted to Detective Investigator, Sergeant, Lieutenant or Captain shall be assigned to one or more Officers of equal rank for on-the-job field training for a period of ________________ during their probationary period.
no less than one (1) calendar month
Never happened
Officers promoted to the rank of Captain shall be required to complete their on-the-job field training assigned to and physically working with a Captain assigned to ______________________________.
the Patrol Division at a police substation.
Within forty-eight (48) months after being promoted, Officers promoted to Lieutenant shall be required as a condition of maintaining the rank to complete with a passing grade at least sixty (60) hours of college credits or achieve an ___________ degree from an accredited college or university.
Associate’s
Within sixty (60) months after being promoted, Officers promoted to Captain shall be required as a condition of maintaining the rank to obtain a ___________ Degree from an accredited college or university.
Bachelor’s
The Chief of Police shall have the right to appoint a total of _______ Deputy Chiefs which shall be one rank immediately above the rank of Captain and one rank immediately below the Assistant Chief in the chain of command.
six (6)
Appointments to the rank of Deputy Chief shall be by the Chief of Police at his sole discretion, provided that the Officer promoted is a _________________________________.
Captain or a Lieutenant provided the Lieutenant has a minimum of two (2) years in rank.
Officers appointed to the rank of Deputy Chief shall be required as a condition of maintaining the appointed rank to obtain a _________ Degree from an accredited college or university within forty-eight (48) months after being appointed.
Master’s
Effective upon the execution of this Agreement, if a Captain or Lieutenant is appointed to Assistant Chief they shall have forty eight (48) months in order to obtain a ________ Degree from an accredited college or university.
Master’s
In the 2009 – 2014 Agreement, the Chief implemented an expansion in the Detective Investigator classified job description in accordance with the provisions of this Article to include ____ Detective Investigator positions. Even if they are on an existing eligibility list, Officers promoted to Detective Investigator after the classification change shall be subject to assignment in both the traditional Detective Investigators positions and in Uniformed Evidence Detective (U.E.D.) patrol assignments.
154
When an Officer transfers from one section, unit, or detail to another, there shall be no bumping of a less senior officer out of relief days or vacation days to which the less senior officer has been assigned.
However, when premium relief days become open, the incoming officer, including Officers newly-promoted, may, after serving in the section, unit, or detail for ______________…
six (6) months,
then exercise his seniority in bidding for the premium relief days e. Vacation shall be handled in the same manner in that no Officer shall be denied vacation already scheduled; but, during the next round of vacation assignments, the senior officer chooses before the junior officer.
“____________________” is intended to relate to the total performance of an officer. In the event an Officer is denied premium relief days because of “unequal factors”, it shall not be for an isolated instance of poor or substandard performance, but it may come about because of a consistent pattern of overall substandard performance.
All other factors being equal
Time spent in the Armed Forces on military leave of absence and other authorized leaves and time lost because of duty-connected disability ________ be included in length of service.
shall
Seniority shall be a factor in promotions and layoff or recall consistent with State law and City ordinances and regulations. In the event of a tie in the seniority of two or more officers, the officer ____________________________.
placing highest on the hiring or promotional list shall be the senior
When an assignment is declared vacant in a section of the Day (A Shift), Evening (B Shift), Dog Watch (C Shift), or the T shift of the Patrol Division, the opening shall be awarded to ___________________________.
the most senior officer on that shift of the applicable rank who voluntarily requests that assignment.
In the event no officer of the applicable rank from that shift requests the assignment, any officer of applicable rank from the remaining shifts may request the position and it shall be awarded to the most senior officer. If the only officers voluntarily requesting the assignment have not been assigned to one of the Patrol Division shifts for six months (and therefore have no seniority rights), the position shall be awarded to the officer whose seniority rights will be reinstated soonest, regardless of their actual seniority on the Department.
Detectives assigned to the Patrol Division as Uniformed Evidence Detectives shall participate in __________________.
a separate SCHARDS system.
Officers transferring from one of the Patrol shifts to another shift or to another unit or division shall _____ their vacation request time
lose
and will have to put in for a new vacation schedule based on available openings on that shift.
Work Period. Officers will continue to work a ________ work period in accordance with past practice, as opposed to other work periods under the Fair Labor Standards Act. A “work period” means a regularly repeating seven day calendar cycle that consists of five, 8 hour or four 10 hour days.
seven-day
Contractual Overtime Provision. By past practice and through this Agreement, the City has established a pay pattern that allows Officers to receive overtime payment in ____________________ for any hours outside of the Officer’s regularly scheduled shift or workday. Nothing in the Agreement including Section 1(C) below is intended, designed, or will change this practice. The City agrees it will continue to pay Officers for overtime in __________________ in accordance with this Agreement for any hours outside of the Officer’s regularly scheduled shift or workday.
pay or compensatory time
pay or compensatory time
FLSA 207k Partial Exemption. The City and the Association agree, that under the federal Fair Labor Standards Act, the City is entitled to the _________ exemption from payment of FLSA statutory overtime compensation. This means that the City is not required by federal law to pay overtime to Officers until after the Officer has worked __ hours in a workweek
43-hour
43
Section 3. Non-Shift Schedules
Officers who are not subject to shift work, or covered by other provisions of this Agreement, shall work eight (8) consecutive hours except for interruptions for lunch periods. The workday shall conform to those hours set by the City Manager for the other City employees who work regular non-shift work. The hours presently prescribed are from 7:45 a.m. to 4:30 p.m., with __________________ for lunch.
forty-five (45) minutes
Section 4. Break Periods.
City policy has for some time permitted two fifteen (15) minute coffee and/or rest breaks per day when they can be taken without serious interference with the work at hand. Such breaks are normally taken mid-morning and mid-afternoon for Officers working non-shift, and for shift workers at comparable time during the shift. This policy shall continue to apply to the Department; however, the missing of any coffee and/or rest breaks because of the press of business _________________ be grounds for overtime payment or for a grievance.
shall not
Officers who have by practice worked an eight (8) or ten (10) consecutive hour workday, _________________________, and are not specifically covered by the sections below will continue to do so.
which included a thirty or forty-five minute lunch break
Patrol Officers on the Patrol ______________________ shall work from 6:00 a.m. to 2:00 p.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 5:30 a.m. to 1:30 p.m.
Daylight “A” Shift
Patrol Officers on the Patrol _____________________ shall work from 1:30 p.m. to 9:30 p.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 1:00 p.m. to 9:00 p.m.
Evening “B” Shift
Patrol Officers on the Patrol______________________shall work from 5:00 p.m. to 3:00 a.m. with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 4:30 p.m. to 2:30 a.m. There shall be an overlapping shift change with one roll call.
“T” Shift
Patrol Officers on the ____________________________ shall work from 10:30 p.m. to 6:30 a.m., with thirty (30) minutes for lunch and two fifteen (15) minute coffee breaks. Supervisors for this shift shall work from 10:00 p.m. to 6:00 a.m.
Patrol Dog Watch of Night “C” Shift
The Downtown _____________ Patrol Unit officers shall be assigned to work one of two (2) ten- hour shifts per day, daylight shift 7:30 a.m. to 5:30 p.m. or 5:30 p.m. until 3:30 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.
Foot/Bicycle
All supervisors assigned to patrol shifts shall report_____________ prior to their shift and complete the shift ________________ prior to scheduled shift hours with the exception of Bike Patrol.
thirty (30) minutes
If an Officer requests a thirty (30) minute meal break and is denied such request because of press of business ____________ within such shift, and as a result thereof requests thirty (30) minutes of compensatory time or pay at straight time, said officer must submit an “incident report” to the Section Sergeant as to the reasons why the officer could not take said meal break. The granting of or the refusal to grant the compensatory time or pay at straight time by the Section Sergeant shall be final and binding on the officer, with no rights of appeal to the Commission and/or grievance and arbitration as provided elsewhere in this Agreement.
a second time
If an Officer requests a thirty (30) minute meal break and is denied such request because of press of business a second time within such shift, and as a result thereof requests thirty (30) minutes of compensatory time or pay at straight time, said officer must submit an “___________________” to the Section Sergeant as to the reasons why the officer could not take said meal break. The granting of or the refusal to grant the compensatory time or pay at straight time by the Section Sergeant shall be final and binding on the officer, with no rights of appeal to the Commission and/or grievance and arbitration as provided elsewhere in this Agreement.
incident report
If an Officer requests a thirty (30) minute meal break and is denied such request because of press of business a second time within such shift, and as a result thereof requests thirty (30) minutes of compensatory time or pay at straight time, said officer must submit an “incident report” to the _____________ as to the reasons why the officer could not take said meal break. The granting of or the refusal to grant the compensatory time or pay at straight time by the ___________________
shall be final and binding on the officer, with no rights of appeal to the Commission and/or grievance and arbitration as provided elsewhere in this Agreement.
Section Sergeant
Officers subject to the _______ hours, _______ day workweek shall include, but not be limited to, the following or successors in function:
Off-Duty Employment Property Crimes Homicide
Robbery
Sex Crimes
Night C.I.D. Detectives
Repeat Offenders Program Technical Investigations Detail Financial Crimes
Vehicle Crimes
Wrecker Service
ten (10)
four (4)
The City will continue to compensate Officers who work shifts for the thirty minute lunch, coffee and/or rest breaks; however, the time permitted by this article for those time periods shall in no event constitute time actually worked by an Officer unless that Officer is ordered by ________________ to resume duties, or obtains ______________ authorization to do so.
a supervisor / supervisory
Officers below the rank of ______________ assigned to the daylight shift in CID or equivalent as described above may work from 7:45 a.m. to 5:45 p.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.
Lieutenant
Officers below the rank of _____________ assigned to the night shift in CID or equivalent as described above may work from 7:00 p.m. to 5:00 a.m., with thirty (30) minutes off for lunch and two fifteen (15) minute coffee breaks.
Lieutenant
Officers above the rank of ____________ in the units operating under the ten (10) hour work day shall continue to work a tour of duty consisting of eight (8) hours and forty-five (45) minutes, with forty-five (45) minutes for lunch and two fifteen (15) minute coffee breaks, and shall be entitled to Saturday and Sunday as their regularly assigned relief days.
Sergeant
Section 6. Hours for Certain Units.
Officers working on the daylight or night shift of CID or who are assigned to positions equivalent to those assigned to CID and who investigate criminal cases, file charges and dispositions, or who work in an undercover capacity shall work a seven (7) day work period with daily hours compensated at straight-time as follows:
All existing schedules for units or Officers not specifically provided for in this Article remain under the discretion of ___________.
the Chief
Breaks are normally taken midway through the first half and midway through the second half of a tour of duty. The missing of any coffee and/or rest breaks because of the press of business ________ be grounds for overtime payment or for a grievance.
shall not.
15 minute breaks.
The Chief shall have the right to adjust the working hours, and starting and ending time of any shift, or the units of C.I.D. covered by the ten (10) hour work day provided that such change does not cause an employee to work in excess of an average forty (40) regularly scheduled hours in a work period. In no case shall any changes in starting and ending times of shifts covered by Section 5 and 6 above exceed __________ in each calendar year. In the event the Chief decides to exercise his rights pursuant to this section, he shall notify the President of the Association in writing of the anticipated adjustment at least thirty (30) calendar days prior to implementation. The Association shall have fourteen (14) calendar days from the date so notified to submit any comments or objections to the proposed change in writing to the Chief. If objection is expressed by the Association, representatives of the Association and the Chief shall meet to discuss the anticipated adjustment within the next succeeding seven (7) calendar days.
one hour
This right shall not be subject to appeal pursuant to the grievance procedure contained in Article 15 of this Agreement, with the sole exception that the issue of regularly scheduled work in excess of the average forty (40) hours in a workweek may be appealed pursuant to the grievance procedure. Nothing in this section shall be construed in any fashion to limit the Chief’s right to establish the working hours of units not covered by Sections 5 and 6.
Both parties to this Agreement have a mutual interest in the maintenance of a _______ in the Patrol Division in order to accomplish better Officer availability and coverage during peak periods for police response and patrol activity. The _________ was created and fully implemented in the 2009 – 2014 Agreement. The parties agreed that after full implementation of the __________, at or above ____ allocated positions, the Chief shall have the final authority to determine any later reallocation of Officers among the four shifts, and to manage staffing based upon the need for service, call loads, and other demands on shift personnel. It was further agreed that no grievance would be authorized after full implementation was achieved.
“T” shift
226 allocated positions
Off duty employment
The existing policies for off-duty employment shall prevail, except that on matters involving jurisdiction or conflict of interest, _______ shall have the right to amend the existing policies, subject to grievance procedure outlined in Article 15 of this Agreement. Provided, however, this article shall no longer permit a distinction between public and private events nor between for- profit and non-profit entities.
The Chief
The City shall establish an office staffed with a minimum in rank of _______________, sworn support personnel, on-duty transportation and office equipment necessary to handle requests of officers to work at City facilities. Such office shall be located in the Convention Center complex. Office space only, without additional staffing, shall be provided at the Alamodome.
one Sergeant
Officers shall be paid, in addition to the compensation for hours worked for lessees using City facilities, the City “_______________” parking rate, which shall be an additional cost charged to the lessee as a part of total Officer security costs. This parking reimbursement shall be paid for one parking rate per day.
the City “special event” parking rate,
ARTICLE 15 Grievance Procedure
Section 1. Scope of Procedure.
The City and the Association agree that the purpose of this grievance procedure is to provide a just and equitable method for resolving disagreements between the parties regarding the interpretation of the provisions of this Agreement. Only matters involving the ____________, _______________, or _________________________________________ of this Collective Bargaining Agreement shall be subject to this grievance procedure.
interpretation, application, or alleged violation of a specific provision
ARTICLE 15 Grievance Procedure
The parties shall adhere to the time limits as set forth in the procedure. In the event the officer or Association fails to meet the time limits at any step of the procedure, the grievance shall be considered satisfied and no further action shall be taken. Failure by the City to meet the time limits at any step shall be considered an unsatisfactory response and shall automatically allow the grievance to proceed to the next step. Such time limits may be waived, however, by mutual consent of the parties _________.
in writing
ARTICLE 15 Grievance Procedure
Step 1. Any Officer having a matter which is felt to be a grievance, first must within ____________________ calendar days of the actual or constructive knowledge of the occurrence or the event causing the problem submit such grievance in writing to the Association with a copy to his immediate supervisor. Said determination of whether a grievance exists shall be made by an Association Grievance Committee.The Chief may appoint one (1) non-voting member of the Committee. The Committee may exclude the Chief’s appointed member from deliberations. If the Association exercises this right, the Chief of Police shall be entitled to exclude Association representatives from any administrative meeting, procedure, or process, where their presence or participation has been allowed, notwithstanding the provisions of Article 8.
twenty-one (21)
ARTICLE 15 Grievance Procedure
The Association Grievance Committee shall meet and render its decision in writing within __________________ of the receipt of the written grievance by the officer.
In the event that the Grievance Committee decides that a grievance exists, the Association, representing the aggrieved officer, shall prepare a formal written grievance on behalf of the aggrieved Officer and proceed to Step 2. Nothing herein prohibits the City from challenging whether a grievance is timely.
It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Association from meeting and conferring with the City, Chief or their designees in an attempt to resolve the alleged grievance before the time limits in Step 1 expire
thirty (30) calendar days
ARTICLE 15 Grievance Procedure
Step 2. If a grievance is believed to exist, it shall be presented in writing to the Chief. The Chief shall have _______ calendar days to act on the grievance and render a decision in writing.
fourteen (14) calendar days
ARTICLE 15 Grievance Procedure
Step 3. If the grievance is not resolved at Step 2, the matter shall be submitted in writing to the Human Resources Director within __________ calendar days from the decision at Step 2.
seven (7) calendar days
ARTICLE 15 Grievance Procedure
The Human Resources Director shall __________ calendar days submit the matter to the City Manager who shall review the matter and shall render a decision in writing ______________ calendar days. The Human Resources Director shall obtain the response from the City Manager or his representative and notify the President of the Association of the response and results ________________ calendar days.
within five (5) calendar days
within fourteen (14) calendar days
within five (5) calendar days.
ARTICLE 15 Grievance Procedure
Step 4. If the grievance has not been settled at Step 3, the parties shall have _____________ calendar days from the date the Human Resources Director notified the President of the Association, in which to appeal the grievance to arbitration for adjustment. An appeal from the Association shall be submitted in writing to the Human Resources Director. Since the City may also grieve against the Association, any grievance by the City against the Association will be filed directly with the President of the Association; and, if not settled within _____________ calendar days, may be submitted to arbitration for adjustment.
seven (7) calendar days
seven (7) calendar days
ARTICLE 15 Grievance Procedure
Section 3. Steps.
A grievance within the scope of this procedure as defined in Section 1 above shall be handled under how many “STEPS” before being sent to arbitration?
4 four
ARTICLE 15 Grievance Procedure
The City shall bear the expense of any witnesses called by the City. The Association shall bear the expense of any witnesses called by the Association. The City and the Association _________________ the fees and expenses of the arbitrator.
shall share equally
ARTICLE 15 Grievance Procedure
The arbitrator _________ have the power to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at his decision on the issue or issues presented and shall confine his decision to the interpretation of this Agreement.
shall not
ARTICLE 15 Grievance Procedure
The arbitrator shall confine himself to the precise issue submitted for arbitration and shall have ______________ to determine any other issues not so submitted to him. The decision of the arbitrator shall be final and binding upon the City and the Association.
no authority
ARTICLE 15 Grievance Procedure
If a grievance is submitted to arbitration, ______________ calendar days, the City and the Association shall agree upon an arbitrator. The parties may mutually agree to elect to use a panel arbitrator or expedited process pursuant to the provisions in Article 28 (Disciplinary Actions). For this purpose, the parties may agree in writing to utilize one or more arbitrators for a specified period of time, provided that either party may request selection on any specific matter as follows: If the parties fail to agree upon an arbitrator, a list of seven (7) qualified neutrals shall be requested from the American Arbitration Association (AAA). _____________ calendar days from receipt of the list, the Association and the City shall alternately strike names on the list and the remaining name shall be the arbitrator.
within fourteen (14) calendar days
Within fourteen (14) calendar days
ARTICLE 15 Grievance Procedure The President of the Association may file a class action grievance on behalf of bargaining unit members similarly situated at Step 1 within \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ calendar days of the officer or officers’ actual or constructive knowledge of the occurrence or event causing the problem.
twenty-one (21) calendar days
ARTICLE 15 Grievance Procedure
The Chief’s representative to the Association Grievance Committee may submit for the Committee’s consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator’s award. If the current grievance, or an issue of the current grievance, is determined by the Grievance Committee to have been previously resolved, the current grievance, or the issue of the current grievance, ______________________________________.
will be deemed as denied by the Grievance Committee and the grievant will be bound by the previous resolution.
(And if a prior determination would actually be in the favor of “the grievant”?)
pigs flying over a rainbow, and to the moon!
ARTICLE 15 Grievance Procedure
With the exception of all grievances filed prior to the date of execution of this Agreement, if a grievance has not been finally resolved within ____________________ calendar days from the date of appeal to arbitration, and no mutually agreed time extensions exist or are requested by either party to the grievance, the grievance will be deemed to have expired. Grievance extensions will not be unreasonably denied under this paragraph.
three hundred and sixty five (365) calendar days
So, company man, Filibuster the fuck outta it. Smart bitches.
ARTICLE 17 Death in Family Leave
In the event of a death in the immediate family of an Officer, the Officer shall be granted consecutive working days off with pay according to the following schedule:
Officers working a five-day forty hour week will be granted four (4) consecutive working days off.
Officers working a four-day forty hour week will be granted three (3) consecutive working days off.
The immediate family shall be defined as ?
mother, father, legal spouse, child, brother, sister, half- siblings, grandparents, spouses’ grandparents, great-grandparents, spouses’ great-grandparents, mother-in-law, father-in-law, grandchildren, step-parent, step-children and other members of the immediate household residing with the Officer.
Unless exclusive permission is received from the Chief of Police, the working days as outlined by this Section shall be taken ____________ calendar days from the date of the death of the family member.
within fourteen (14) calendar days
Officers working a five-day forty hour week will be granted four (4) consecutive working days off.
Officers working a four-day forty hour week will be granted three (3) consecutive working days off.
ARTICLE 18 Court and Call-Back Pay
“Call back” as used in this Article means an Officer having been released from duty for __________ and called back to report to duty by an appropriate supervisor or authority. Officers failing to complete assigned duties and/or tasks within their assigned tour of duty and are called back or held over to complete the assigned duties and/or tasks within ______________ from being released from duty are not subject to “call-back” as outlined in this Article.
fifteen (15) or more minutes
fifteen (15) minutes
Additionally, Officers who voluntarily report to duty prior to roll call and are ordered to perform a duty and/or task are not subject to “call-back” as provided in this Article. However, Officers may submit for ________________________ extending from the end of their tour of duty until such time the assignment has been completed (including court time) and they are released by the appropriate supervisor or from the time they are ordered to perform a duty and/or task upon reporting early to work until the beginning of the tour of duty.
time and a half (1-1/2) overtime
Off-duty court time and call back shall be paid at the rate of time and one-half, with a three (3) hour minimum and paid at double time with a three (3) hour minimum on ______________________.
VACATION and relief days!
When an off-duty Officer is requested in more than one court/pretrial conference on the same day, he will be compensated for attending only one (1), if the other appearance times are ___________ ___________________ of the first one.
within three (3) hours
For example:
• Off-duty Officer Jones attends 130th District Court at 1000 hours and is dismissed at 1100 hours. He then appears in County Court 2 at 1130 hours and is finally dismissed at 1200 hours; Officer Jones submits one card for three (3) hours compensation.
(Automatic 3 hours)
When an off-duty Officer attends one court and is released or dismissed prior to the expiration of the three (3) hour time frame and is required to attend a second court immediately after the expired three (3) hours, the Officer will be compensated for ____________________court callbacks.
two (2) separate three (3) hour
For example:
Off-duty Officer Sanchez attends Municipal Court at 0800 hours and is finally released at 0900 hours. He then attends 130th District Court at 1100 hours and is dismissed at 1130 hours. Officer Sanchez submits two (2) cards, each for a three (3) hour minimum.
(3 hours from start time “appearance time)
ARTICLE 18 Court and Call-Back Pay
This provision applies to the following courts in work-related matters or the course of employment only:
A. District Courts.
B. County Courts-at-Law.
C. Grand Juries.
D. Justice of the Peace Courts.
E. Municipal Courts.
F. Civil Service Commission or Arbitration Hearing (when an officer is subpoenaed by the City).
G. Texas Alcoholic Beverage Commission hearings.
H. Federal Court.
I. Administrative License revocation Hearings (ALR).
J. Pre trial conferences.
K. Pardon and Parole hearings.
ARTICLE 18 Court and Call-Back Pay
For purposes of this Article, a vacation period shall be defined as any ___________________ days of paid leave (comp. time, holidays, annual leave) and any relief days occurring within that time period which has been previously scheduled in accordance with regular Departmental policies.
three (3) consecutive days
Relief days _________ be counted as a part of the three (3) day minimum specified above, provided, however, any relief days occurring during the scheduled vacation period which covers the time from the last hour worked before the start of the vacation period and continues until the first hour worked after the scheduled vacation period shall be considered a vacation day for the purpose of this Article.
shall not
It really doesn’t matter because both relief AND vacation days are at a double 2.0 x pay.
Relief day shall be defined as covering the time from the last hour worked before the start of the relief day and continues until the first hour worked after the scheduled relief day for the purposes of this Article unless it occurs ____________ _____________________ of the end of the Officer’s duty shift on the last day the Officer worked.
within one and a half (1 1⁄2) hours
An off-duty Officer who is subpoenaed for and participates in a telephone ALR Hearing set by a judge will be compensated for _____________ at a rate of time and one-half and paid at double time rate if he is on vacation or on his relief day.
one (1) hour
In the event the telephone ALR Hearing exceeds one (1) hour, the Officer will be compensated for the actual time spent testifying in the ALR Hearing.
When an Officer is subpoenaed by the respondent to a Civil Service or Arbitration hearing he will be granted ___________________ at the rate of one hour per hour required to satisfy the subpoena to a maximum of three (3) hours.
compensatory time