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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1978 ,,-" . ~~ ~C\X, (~ '\ AMENDMENT TO THE 1978 COLLECTIVE BARGAINING AGREE1A!~C?'C: By and Between If W \ '}. ~;"^' . CITY OF BREMER TON and BREMERTON POLICE OFFICERS ASSOCIATION In accordance with ARTICLE XXII - SAVINGS CLAUSE of the 1978 Collective Bargaining Agreement, the parties hereby agree to amend such Agreement by revising ARTICLE IX - HOLIDAYS in its entirety to read as follows: ARTICLE IX - HOLIDAYS Section 1. E.mployees covered by this Agree.ment shall receive an additional eleven (11) days I vacation leave per year in lieu of holidays. The accrual and payment of such additional compensation shall be in accordance with the E.mployer I s established practice in this regard. Section 2. In the event an employee covered by this Agreement is required to work during the ter.m of this Agree.ment on New Year I s Day - January 2, Me.morial Day - last Monday in May, Independence Day - July 4, Thanksgiving Day - fourth Thursday in Nove.mber, Christ.mas Day - December 25, such employee shall be co.mpensated at the rate of one and one -half (1 t) time s the employee I s hourly base rate of pay. -fA, IN WITNESS WHEREOF, signed by the parties this ~ day of January, 1978. BREMER TON POLICE OFFICERS ASSOCIATION CITY OF BREMER TON B 13~~ p~ .>~ . \ , f.. ;:-- j. q-7j/ / r. f/' . . . -? ^,' ,..~"/ . / '::" .L.. ~. r.7 f._' ,.<.. C l/ ' /' ---- ~ A G R E E MEN T By and Between CITY OF BREMERTON And BREMERTON POLICE OFFICERS ASSOCIATION * * * * * January 1, 1978 through December 31, 1978 11/7/77 v '\. ~- . , e e .-~ TABLE OF CONTENTS Article Page I PREAMBLE 1 II RECOGNITION -I III NONDISCRIMINATION 1 IV APPLICATION OF CIVIL SERVICE LAW 2 V ASSOCIATION DUES 2 VI WAGE. RATES AND LONGEVITY 2 VII HOURS OF WORK AND OVERTIME 3 VIII ANNUAL VACATIONS 3 IX HOLIDAYS 4 X EMPLOYEE MEDICAL COVERAGE AND DEPENDENT 4 MEDICAL GROUP INSURANCE XI GROUP DENTAL INSURANCE 5 XII PENSIONS 5 XIII TERMINAL LEAVE 5 XIV FALSE ARREST INSURANCE 5 XV CLOTHING AND UNIFORM CLEANING ALLOWANCE 5 XVI NOTIFICATION OF CHANGES 6 XVII VACANCIES AND PROMOTIONS 6 XVIII GRIEVANCE PROCEDURE 6 XIX PERFORMANCE OF DUTY/NO STRIKE 7 XX POLICE OFFICERS INTERROGATION GUIDELINES 8 XXI MANAGEMENT RIGHTS 9 XXII SAVINGS CLAUSE 9 XXIII ENTIRE AGREEMENT 9 . XXIV TERM OF AGREEMENT 10 y '" ( t e ,e AGREEMENT By and Between CITY OF BREMERTON and BREMERTON POLICE OFFICERS ASSOCIATION * * * * * ARTICLE I - PREAMBLE This AgreemeBt is between the City of Bremerton (hereinafter referred to as the "Employer") and the Bremerton Police Officers Association (herein- after referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to wages, hours and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. ARTICLE II - RECOGNITION Section 1. The Employer recognizes the Association as the exclusive representative for all regular full-time employees as follows: Included: Patrol Officer, Motor Patrol Officer, I.D. Officer, Detective, Sergeant, Traffic Sergeant, Sergeant-I.D., Sergeant-Detectives, and Captain. Excluded: Assistant Chief of Police, Chief of Police, and all other City of Bremerton employees. ARTICLE III - NONDISCRIMINATION Section 1. There shall be no discrimination by the Employer nor the Association against any employee engaging in legitimate Association activity. Conversely, the Association shall not discriminate against any employee desiring not to engage in Union activity. Section 2. Neither the Employer nor the Association, in carrying out their obligations under this Agreement, shall discriminate in matters of hiring, training, promotion, transfer, layoff, discipline, dismissal or otherwise because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification in accordance with the provisions of RCW 49.60.180. v . ". \ " - . - 2 - ARTICLE IV - APPLICATION OF CIVIL SERVICE LAW I~ is specifically understood and agreed that nothing contained in this Agreement is intended to supercede any matter delegated to the Bremerton Civil Service Commission by state law or by ordinance, resolution 9r laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within the scope of its jurisdiction and authority. ARTICLE V - ASSOCIATION DUES Section 1. The Employer agrees to deduct from the paycheck of those employees who have authorized such deductions in writing on a form to be filed with the Employer, the regular initiation fee and regular monthly dues required of Association members. The Employer shall remit such deductions to the Treasurer of the Association. Section 2. The Association agrees to indemnify and hold.harmless the Employer from any and all liability resulting from such deductions. ARTICLE VI - WAGE RATES AND LONGEVITY Section 1. The following rates of pay shall be in effect during the term of this Agreement: Effective 1/1/78 Patrol Officer (full-time) 1st year 2nd year 3rd year 4'th year $1,202.76 1,252.80 1,313.64 1,374.48 Motor Patrol Officer (When assigned) 1,399.09 *LD. Officer 1,465.56 Detective 1,465.56 Sergeant Traffic Sergeant Sergeant-LD. Sergeant-Detectives 1,529.65 1,554.26 1,559.53 1,591.21 Captain 1,702.09 *New classification effective January 1, 1978. ...~ :e . \., - 3 - Section 2. Longevity pay shall be calculated on the Patrol Officer - 4th year base monthly wage rate: Length of Service Rate per Month o - 5 years 0% 5 - 10 years 1% 10 - 15 years 2% 15 - 20 years 3% 20 years and over 4% ARTICLE VII - HOURS OF WORK AND .OVERTIME Section 1. Employees covered by this Agreement shall work such shifts as may be assigned from time to time by the Commissioner of Public Health and Safety pr his designee and shall be subject to call in any emergency while off duty. Section 2. Overtime as used in this Agreement shall mean th~t time an employee (excluding employees holding the rank of Captain) works in excess of eight (8) hours per day or forty (40) hours in a workweek excluding roll calls, shift changeover coordination time, training, and staff meetings. (a) All overtime must be authorized in advance by the Chief of Police or his designee except in cases of emergency. (b) Overtime shall be compensated at the rate of one and one-half (1~) times the regular rate of payor equivalent compensatory time off at the discretion of the Chief of Police or his designee in accordance with budget allowances and restrictions. (c) Accrued compensatory time must be taken within ninety (90) days from the date earned and at a time mutually agreeable to the employee and the Chief of Police or his designee. Section 3 - Callback and/or Court Time. Employees called back to service or who make court or other subpoenaed appearance on behalf of the Employer while off duty shall be compensated a minimum of two (2) hours at the overtime rate or compensatory time off at the employee's option, provided that there shall be no compensation for callbacks occasioned by the employee's own neglect and wherein the situation requires the employee's presence as determined by the Chief of Police or his designee. ARTICLE VIII - ANNUAL VACATIONS Section 1. As provided by Ordinance 18~3 as amended, annual vacations with pay shall be earned by eligible employees at the following rates: c, , e ie c, 4 - Year of Continuous Employment No. of Vacation Days Accrued Per Year 1st - 5th year 6th year 7th year 8th year 9th year 10th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year and after 13 working days 15 working days 16 working days JL working days 18 working days 19 working days 20 working days 21 working days 22 working days 23 working days 24 working days 25 working days 26 working days Section 2. Accrual shall start from date of employment, but vacation leave shall not be available until after six (6) months of continuous service. If any employee resigns or is discharged before completion of the six (6) months' period, any accrued vacation leave shall be forfeited. Section 3. Annual vacation leaves shall be scheduled by the Chief of Police or his designee at such time as will least interfere with the functions of the Police Department. ARTICLE IX - HOLiDAYS \,.// ~ Section 1. In the event an employee covered by this Agreement is required to work on any of the eleven (11) Employer-designated holidays, such employee shall be eligible for additional vacation leave at the rate of one and one-half (1~) times the actual hours worked. The accrual and payment of such additional vacation leave shall be in accordance with the Employer's established practice. Section 2. Upon request of the employee, up to five (5) holidays worked shall be compensated at the rate of one and one-half (1~) times the employee's hourly base rate of pay for each hour worked in lieu of additional vacation leave as specified in Section 1 of this Article. In no event shall additional pay and additional vacation leave be payable for the same holiday worked. ARTICLE X - EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE Section 1. Medical coverage for employees shall be provided in accordance with the laws of the state of Washington. Section 2. The Employer shall pay the full cost of the monthly premium to provide group medical insurance coverage through the Association of Washington Cities Group Medical Plan for dependents of full-time, active, eligible employees. ,. ~. e e - 5 - ARTICLE XI - GROUP DENTAL INSURANCE Section 1. to provide Washington employees. The Employer shall pay the full cost of the monthly premium group dental insurance -coverage through the Association of Cities Group Dental Plan for full-time, active, eligible Section 2. The Employer shall pay the full cost of the monthly premium to provide group dental insurance coverage through the Association of Washington Cities Group Dental Plan for dependents of full-time, active, eligible employees. ARTICLE XII - PENSIONS Pensions for employees and Employer contributions to pension funds shall be in accordance with Washington Stat~ statutes. ARTICLE XIII - TERMINAL LEAVE Section 1. In accordance with Ordinance No. 1813 (as amended) upon separation, the Employer agrees to pay up to twenty (20) days of accrued terminal leave. Any employee separated from employment for cause shall forfeit any such benefits. Section 2. Upon retirement an employee shall be paid thirty-five percent (35%) of up to one hundred twenty (120) days of accumulated sick leave (accumulated at the rate of one (1) wo~king day per month). ARTICLE XIV - FALSE ARREST INSURANCE During the term of this Agreement, the Employer shall maintain a False Arrest Insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. ARTICLE XV - CLOTHING AND UNIFORM CLEANING ALLOWANCE Section 1. The Employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by th~ Chief of Police. Such uniforms shall be replaced on ~n as-needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the City of Bremerton. Section 2. An annual allowance of two hundred thirty-five dollars ($235.00) per year will be provided to nonuniformed, sworn personnel assigned as detectives. Section 3. Effective January 1, 1978, an annual unlform cleaning allowance will be established of one hundred fifty dollars ($150.00) per year for e e - 6 - uniformed sworn personnel. Such allowance shall be payable in the amount of seventy-five dollars ($75.00) during the month of January and seventy-five dollars ($75.00) during the month of July. ARTICLE XVI - NOTIFICATION OF CHANGES Should the Employer wish to make any significant change affecting the contract provisions during the life of this Agreement, the Association shall be notified in advance of the desired change and afforded the opportunity to meet and discuss such changes with the Employer. ARTICLE XVII - VACANCIES AND PROMOTIONS When a vacancy occurs in any classified position, it shall be filled within thirty (30} days pr, if not so filled, the Mayor shall notify. the Police Chief of the reason(s) therefore. All vacancies will be filled in accordance with the rules and regulations set forth by the Bremerton Civil Service Commission. Any employee who is assigned to a higher-paid position by the Chief of Police on a temporary basis for sixty (60) consecutive days or longer shall be paid the established compensation for such higher-paid position effective on the sixtieth (60th) day of such assignment. ARTICLE XVIII- GRIEVANCE PROCEDURE Section 1. For the purpose of this Agreement the term "grievance" is defined as an alleged violation in the interpretation or application of the articles of this Agreement. Any alleged grievance shall be taken up by the employee with his or her Sergeant within ten (10) working days of the occurrence. The above parties agree to make every effort .to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply: ,. Any dispute or grievance pertaining to Civil Service rules or regulations will be submitted to the Civil Service Commission for resolution. Step 1. The grievance shall be reduced to written form by the aggrieved employee and/or Association, stating the section of the Agreement violated and explaining the grievance in detail. The employee or Association representative shall present the written grievance to the employee's Captain within five (5) working days after the alleged grievance is taken up by the employee with the Sergeant. The Captain shall convene a meeting within five (5) working days after the receipt of the written grievance between the employee, Association representative together with the Sergeant. Five (5) days after such meeting the Captain shall transmit a copy of his decision to the aggrieved employee, the Association and the Chief of the Police Department. v ' e e - 7 - Step 2. Should the grievance remain unresolved after the Step 1 m~eting, the aggrieved employee, and/or the Association shall transmit the grievance in writing to the Assistant Chief of Police within five (5) working days after the Step 1 decision has been received by the involved parties. The Assistant Chief o~ Pqlice or his designee shall investigate the grievance and convene a meeting, within five (5) working days of receipt of the written grievance from the aggrieved employee and/or Association. After five (5) working days of such meeting the Assistant Chief of Police shall transmit a copy of his decision to the aggrieved employee, Association and Chief of Police. Step 3. Any grievance ar1s1ng from the interpretation of the labor Agreement that is unresolved after the decision is rendered in Step 2 shall be transmitted in writing to the Grievance Board. The Grievance Board shall consist of the Mayor and the Chief of Police and two (2) police officers selected by the Association. If a grievance exists and no settlement has been reached within fourteen (14) days of receipt by the Grievance Board, the grievance shall be placed on the agenda at the next regular Council meeting. Section 2. By mutual agreement, a grievance may be submitted within ten (10) working days following the decision rendered by the City Council in Step 3 to the following arbitration procedure for resolution. The Employer shail select one (1) person, and the Association shall select one (1) person. Such selected persons shall then select a third impartial person who shall serve as chairman of the Arbitration panel. A majority decision of the Arbitration panel shall be made in writing within twenty (20) working days following the conclusion of the Arbitration hearing(s). Such decision shall be final and binding on both the Association and the Employer. The authority of the Arbitration panel is limited to ruling on the, correct interpretation or application of the Articles of this Agreement and shall 'not add to or take away therefrom. The costs of arbitration shall be borne equally between the Association and the Employer. ARTICLE XIX - PERFORMANCE OF DUTY/NO STRIKE The Employer and the Association recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her assigned duties to the best of his or her abilities. During the term of this Agreement, the Association and/or the membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stay-in, slowdown, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any location whatsoever. Employees who engage in any of the foregoing or similar activities shall be subject to immediate disciplinary action up to and including discharge. The Employer shall not institute any lockout of employees during the term of this Agreement. ~ , e e - 8 - ARTICLE XX - POLICE OFFICERS INTERROGATION GUIDELINES The responsibilities of police officers in the performance of their duties requires their contact with the general public which could result in questions and misunderstandings surrounding the activities of members of the Bremerton Police Department. In the event such contact requires an investigation as determined by the Chief of Police or his designee, the following guidelines shall be observed to protect the rights of the police officer and to deal with the situation in an expeditious and fair manner. Such guidelines do not replace established procedures pertaining to the discipline of an employee for reasonable and just cause. a) An employee of the Bremerton Police Department shall be entitled to be advised in the event he or she becomes a suspect in the,investi- gation which requires interrogation of said employee. . b) Interrogations of a Bremerton Police Department officer should be at a reasonable hour; pref~rence for such time of interrogations should be when the .individual is on duty and/or during the daytime, provided, however, that the gravity and exigencies of the investi- gation shall in all cases control the time of said interrogation as determined by the Chief of Police or his designee. c) All interrogations shall be held at a Bremerton Police Station facility except when this would be impractical. The employees shall be afforded an opportunity and the necessary facilities to contact an attorney prior to commencement of interrogation. The employee's attorney and/or representative of the Bremerton Police Officers Association may be present during the interrogation, but said attorney and/or representative of the Bremerton Police Officers Association shall not be permitted to participate in the interrogation. Nothing herein shall in any way restrict the rights of the attorney and/or representative of the Bremerton Police Officers Association to reasonable periods of consultation with the employee during the process of the interrogation. d) The interrogation shall be conducted in the most expeditious manner consistent with the scope and gravity of the subject matter of the interrogation and the employee shall be permitted reasonable periods to attend to personal necessities. e) The employee shall not be subjected to offensive language or intimidation during the process of interrogation. No promises or rewards shall be made to the said employee as an inducement to answering questions. f) An employee covered by this Agreement sharI not be required to take a polygraph test as a part of the interrogation process. g) Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police in the performance of his duties and responsibilities as the Chief Administrator of the Bremerton Police Department. ~ { ~ ~ e e 9 ARTICLE XXI - MANAGEMENT RIGHTS Section 1. Any and all rights concerned with the management and:operation of the Police Department are exclusively that of the Employer unless otherwise provided by the terms of this Agreement. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, temporarily lay off, or discharge employees for cause, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and ,introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Section 2. The Employer and the Association recognize and agree that City of Bremerton Police Department policies, procedures, practices,and benefits other than specifically recognized by this Agreement shall continue in effect for the duration of this Agreement unless changed or cancelled by the Chief of Police or his designee. Section 3. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise ot that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE XXII - SAVINGS CLAUSE Should any provisions of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Association agree that any invalid provision of this Agreement shall be modified through collective bargaining prior to the expiration of this Agreement. ARTICLE XXIII - ENTIRE AGREEMENT The Agreement expressed h~rein in writing constitutes the entire Agreement between the Employer and the Association, and no oral agreement shall add to or supercede any of its provisions. Wherever a City of Bremerton ordinance or Civil Service rules are not in conflict with this Agreement, their provisions shall be applicable to employees in the bargaining unit. .~ ~ . . ~ '~-..) It e .. ~ ,. - 10 - ARTICLE XXIV - TERM OF AGREEMENT This Agreement shall become effective January 1, 1978, and shall remain in effect through December 31, 1978, and may be extended thereafter by mutual agreement. It is further agreed that the Employer or the . Association may request reopening of this Agreement for the purpose of renegotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party in accordance with the time schedule established by RCW 41.56. ~H DATED AND SIGNED this J h -- day of NOVE M '$ E'R , 19 'j 7 . CITY OF BREMERTON BREMERTON POLICE OFfICERS ASSOCIATION BY.~. ~r~~ Commissioner of Public Safety By ~ 2wMJti~ Everett L. Kinslow, President ~//?J JJ- B" ,_ T:LD ;~-<Oz;.J Robert B. Stewart, Commissioner of Finance and Accounting B .~ Fre S. Schoneman, Commissioner of Public Works and Utilities At test: ~~ . ;//.<->/1-:" / Ii ~1:::'~4k;c7~.~-Yi / A- BY..-".. _ / - -- .,' '- / ' - . .:/ City Clerk ,j '. e (206) 478-5220 Bremerton Police Officers' Association 239 4th St. Bremerton, WA 98310 October 31, 1977 Board of Commissioners City of Brem.erton 239 Fourth Street Bremerton, Washington 98310 Re: 1978 Wage negotiations Gentlemen: The membership of' the Bremerton Police Officers' Association voted on Friday, October 28, 1977 to accept the wage proposal dated October 26, 1977, as submitted to them by the City of. Bremerton. Acceptance of' the above offer was with the understanding that should the City' Council fail to approve the offer it would in no way alter the proposal as it n.ow stands.. Further, by accepting this offer the Association does not relinquish the right to negotiate articles.in the current contract not specifically covered in. said offer. The Association stands ready to negotiate the remaining sections of the contraot and bring negotiations to an expedient close. Sincerely, Bremerton Police Officers' Association By~H,~i?~ Ev~ ~~nslGw Chairman, Wage Comittee p , ~~ NOV - 2 1977 COUNCil