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HomeMy WebLinkAbout28801 / 77-09u May 5. 1977 # 9 RESOLU^1I0'_V pURPOSE : TO ENTER INTO AiJ AGREFMEI`dT VJIT:i PROFESSIONAL POLICEI�IEN' S ASSOCIATION I`TITIAT�D BY: PERSOrTN�,'Il DEPARTP•'IENT i�l�?ERFAS, the City o� Oshkosh n�s i:.een neg�tiating :��it�z repY�senta�ices of the Os'nkosh Prcf.essional Policemen's Associa- tion, and WfiEREAS, the conclusians of said negotiations have been reduced ta the attached agreement, _yOW, `i�HEREFORE, BE IT RF`SOLVED by the Common Council of the City of Cshkosh that the pr_op�r City officials are hereby authorized ar_� directed to enter into the attached agreement with the Ushkosh Preress�on�l Policemen's �ssociatic�n ��r the 1977 calendar year. - 9 - ., . . . � : CONTRACT OSHKOSH PROFESSIONAL POLICEMEN'S ASSOCIATION AND CITY OF OSHKOSH 1977 � � .� , , • TABLE OF CONTENTS ARTICLE I Management Ri ghts , , , , , , , , , , , , , , , , , , , I I Work Week . . . . . . . . . . . . . . . . . . . . . . . I I I Un i form Ma i ntenance . . . . . . . . . . . . . . . . . . I V Compensa tory T i me . . . . . . . . . . . . . . . . . . . U Call In Time and Court Appearances. . . . . . . . . . . V 1 Author i zed Absence . . . . . . . . . . . . . . . . . . . U I I Longev i ty Pay . . . . . . . . . . . . . . . . . . . . . V I I I Pay Pe r i ods . . . . . . . . . . . . . . . . . . . . . . I X I nsurance Benef i ts . . . . . . . . . . . . . . . . . . . XPens ion . . . . . . . . . . . . . . . . . . . . . . . . XI Previous Benefits . . . . . . . . . . . . . . . . . . . XII Waiver of Rights . . . . . . . . . . . . . . . . . . . . XIII Lay-Offs . . . . . . . . . . . . . . . . . . . . . . . . XIV Rules � Evaluation Reports . . . . . . . . . . . . . . . XU Progression of Disciplinary Action. . . . . . . . . . . XVI Education Benefits . . . . . . . . . . . . . . . . . . . XV I 1 G r i evance P rocedu re . . . . . . . . . . . . . . . . . . XV I 1 I Agency Shop . . . . . . . . . . . . . . . . . . . . . . XIX Recognition & Unit of Representation. . . . . . . . . . Pay Plan PAGE N0. 1 1 2 2 3 3 6 6 7 7 7 8 8 8 8 9 11 12 13 I � . �977 A G R E E M E N T THIS AGREEMENT is entered into by and between the CITY OF OSHKOSH, Wisconsin, party of the first part hereinafter referred to as the Employer, and the OSHKOSH PROFESSIONAL POLICEMEN'S ASSOCIATION, party of the second part hereinafter referred to as the Association. ' IN ORDER TO INCREASE GENERAL EFFICIENCY, to maintain the existing harmonious relations between the Employer and its employees, to promote the morale, well being and security of said employees, to maintain a uniform minimum scale of wages, hours, and conditions of employment among the employees and to promote orderly procedures for the processing of any grievance between the employer and the employees, the following Employment Contract is made. ARTICLE I MANAGEMENT RIGHTS Except to the extent expressly abridged by a specific provision of this Agree- ment, the City reserves and retains, soley and exclusively, all of its Common Law, statutory, and inherent rights to manage its own affairs, as such rights existed prior to the execution of this or any other previous Agreement with the Association. Nothing herein contained shall divest the Association from any of its rights under Wis. Stats. Sec. 111.70. ARTICLE II WORK WEEK The normal work day shall consist of eight (8) hours, and consist of the follow- ing schedule: Five (5) days on duty and two (2) days off and five (5) days on duty with three (3) days off. Officers shall be paid in accordance with the rates listed in Schedule A. These rates include a ten-dollar ($10.00) Bi-Weekly briefing pay allowance. � � � / ARTIC�E Iil UNIFORM MAINTENANCE The City of Oshk�sh will provide unifiorm apparel to all uniformed personnel at City expense. The items to be furnished by the City shall inctude coats, trousers, hats, ties, shoes, shirts, leather goods, and any other item of uniform apparel that may be required by the City. Uniforms will be inspected periodically by shift commanders or upon request of the officer and replaced as needed. Replacement orders shall be processed by the City of Oshkosh Purchasing Division. Non-uniformed personnel shall receive a clothing allowance of $175.00 per year payable in January of each year. In the event of change of job, clothing allowance shall be pro-rated from the date of change. Officers transferred into a uniformed position subsequent to receiving the clothing allowance shall pay the pro-rated amount back to the City. Uniformed Officers required to wear plain clothes on duty shall receive a yearly allowance of $25.00. Cleaning and laundry services will be provided for all officers at the employer's expense. The cleaning firm and cleaning schedule shall be designated by the City. ARTICLE IV COMPENSATORY TIME Work done in excess of the normally scheduled work day or work week shall be compensated at the rate of time and one half in either compensatory time or cash as the officer may choose. All compensatory time will be recorded and may be used during the month in which it accrues subject to the approval of the department head. Employees may maintain a compensatory time balance of no more than forty-eight (48) hours. Unused balances of compensatory time or time accumulated in excess of forty- eight (48) hours shall be paid on the first pay period following the month in which it was accrued at the effective rate of pay when such time was earned. The formuta -2- � . � for computing the hourly rate shall be: Bi-Weekly rate + educational + tongevity 77.2 Hours. All compensatory time accumulated prior to the 31st day of December, 1g65, may remain or may be taken as time off by the emp�oyees, calculated on the basis of straight time. Any balance of compensatory time remaining upon the retirement or separation of the employee shall be paid in cash calcuiated at the rate of straight time based on the salary schedule in effect as of December 31, 1965. ARTICLE V CALL IN TIME AND COURT APPEARANCES An officer called to return to duty or appear in Court at some time other than his regular scheduled duty da�-shall receive three (3) hours pay for the call or appearance unless the ca11 or appearance is cancelled by 5 p.m. of the day prior to the call or appearance. The officer, in addition, shalt receive time and ane-half for the time spent on the cali or appearance. .Volunteers shalt not be paid the call- in pay, Officers called or scheduled to appear in court during vacation.sha}1 be paid three:-(3� hours _ca11-�n�pay :plus-time" and one-fialf__for time-.worked and,-=in addi_t.ion _ thereto, shall receive an additional day of vacation returned. If notification of cancellation is given prior to the start of vacation (including days off at the beginning contiguous thereto) no call pay is given. If cancellation occurs there- after, three (3) hours call pay shall be given and no vacation day return shall be made unless cancellation occurs on the day of the appearance. On trials lasting more � than one day, no additional call-in pay shall be given after the first day. A catl is defined as a request to return to duty at some time other than the regularly scheduled time not scheduled at least twenty-four (24) hours in advance and not immediately following the officer's regulary schedule shift. No call or Court Appearance shall preclude an officer from working his regularly scheduled shift except by his request and upon approval of his department head. -3- ��. ARTICLE UI AUTHORIZED ABSENCE A. Sick Leave Each full time or probationary employee shall accumulate sick leave at the rate of one (1) working day for each month of service allowed to accumulate without limitation. Such unused sick leave shall be An employee may use sick leave with pay for absence necessitated by injury or illness. It is further recognized that the serious injury or illness of the spouse or child of the employee may adversely effect the ability of the employee to perform his duties efficiently, and may necessitate the use of sick leave. However, no leave shall be granted under this subsection if the spouse of the employee is employed and continues to work during the absence of the officer. It is understood that absences because of illness of the officer's wife, children or other members of the family living at their residence is designed for emergency purposes and the officer shall make diligent effort to limit such absences to one day if possible. To qualify for sick leave payment an employee must do the following: a. � Report his absence prior to the start of each work day to the department head or supervisor. Keep his supervisor informed of the conditions if the absence is more than three (3) working days. c. Upon request submit a doctors certificate for such absence. The certi- ficate must state the nature of the illness or injury and whether the employee has been incapacitated for the period of his absence. d. The employee upon returning to duty must sign an application for sick leave form requesting the sick leave benefits. Such a signature shall be ack- nowledgement of full compliance with all regulations related to sick leave benefits as set forth in this Contract. In the event any employee has misused the provisions contained herein or has requested the use of sick leave when such leave is not authorized by the terms of this contract, the employees absence shall be without pay. The determination that an employee has abused the benefits contained in this paragraph shall not preclude the -4- / employee from using accumulated sick leave when authorized by the terms of this contract in the future nor shall the accumulated sick leave credited to that employee be effected thereby. B. Vacation Leave All full time employees shall be granted the following vacation benefits: After one (1) year of service - ten (10) working days. After eight (8) years of service - fifteen (15) working days. After fifteen (15) years of service - twenty (20) working days. After twenty (20) years of service - twenty-five (25) working days. In the event an employee has not worked the full calendar year prior to his vacation such vacation shall be pro-rated based on the time actually worked. Vacation will not be carried over from year to year. Those employees reaching their eighth, fifteenth, and twentieth year of service shall earn their vacation for that year on a pro-rated basis. Departmental seniority on shifts shall determine the choice of vacation. In case of an employee splitting his vacation, the employee's selection of additional vacation time shall be made only after the entire shift has first selected their vacations. The vacation schedule is subject to the staffing requirements of the department as determined by the Police Chief. Vacation may be chosen from January l, through December 31. C. Holiday Leave All full time employees shall be granted eight (8) paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Good Friday afternoon, Christmas Eve afternoon, Washington's Birthday. Such holiday leave shall be grar.t�d as eight (8) days off in lieu of the calendar holidays. Holiday leave shall be subject to the departmental work schedule and staffing requirements as determined by the Police Chief. Employees may choose to waive holiday leaue in favor of cash payment. Cash payment shall be computed based on the hourly rate in effect at the time of the holiday times the number of holiday hours accredited to each employee. The �� r-. employer shall be notified of the employee's desire for cash payments by the lst day of October of the preceeding year. A separate check shall be issued for said holiday pay. One additional ftoating holiday shall be granted each employee. This day must be taken during the catendar year or forfeited. No cash payment will be made for this day. All holidays shall be credited to the employee January 1 of each year and must be used by December 31 of each year except a maximum of three (s) he�idays may be carried over to April 1 of the following year. Holidays not used within these time limits will be forfeited. D. Emergency Leave Each employee shall be allowed paid leave not to exceed three (3) working days for the funeral of such employee's spouse, father, mother, father-in-law, mother-in- law, son, daughter, stepchild, brother, sister, grandmother, and grandfather. Such leave shall be only for the purpose of attending the funeral and be the period immediately preceding and including the date of the funeral or to be the date of the funeral and the days following. ARTICLE VII LONGEVITY PAY The employer shall pay the following longevity payments to all employees covered under this contract: $ 2.77 Bi-Weekly after 5 years of service $ 5•54 Bi-Weekly after 10 years of service $ 9•23 B�-Weekly after 15 years of service $12.92 Bi-Weekly after 20 years of service ARTICLE VIII PAY PERIODS All payroll checks shall be available at 7:00 a.m. on every other Friday. In the event such days are legal holidays, checks will be issued on the day preceeding. In April, 1976, the "one (1) week lag" payrolt system shall commence. � � � / ARTICLE IX INSURANCE BENEFITS Hospital and Medical Insurance. The employer shall pay up to ninety-four dollars and fifty cents ($94.50) per month for each employee towards the premium of the employee's group hospital and medical policy irrespective of the employee's marital status. The City will pay an amount equal to the cost of the current individual group health insurance premium for coverage at the time of retirment for retiring officers until such officers have attained the age of sixty-five (65) years, providing that such officers have not obtained health insurance coverage or is not eligible for health insurance coverage through other employment or any other source. Any retired empioyee who has health insurance benefits or who is eligible for such benefits from any source other than the City of Oshkosh shall be ineligible for the benefits provided herein. In the event, however, that the retired employee exercises the option to retire before age 60, such payment shall then continue for a maximum period of five (5) years from the date of retirement. In the event the employee is retired mandatorily, then such payments shall continue until age 65 as provided herein. Life Insurance. The employer shall pay one hundred percent (1000) of each employee's state group life insurance policy. ARTICLE X PENSION In addition to the statutory requirements, the employer shall pay to the emp- loyee's retirement fund an amount not to exceed 6i of the employees gross wages. ARTICLE XI PREVIOUS BENEFITS The employer agrees to maintain in substantially the same manner such present benefits not specifically referred to in this agreement. Such benefits and policies as may now exist are incorporated herein by reference as though fully set forth at length. -7- r-, I ARTICLE X11 WAIVER OF RIGHTS Neither party to this agreement by such act at the time hereof or subsequent hereto agrees to and does waive any rights possessed by it or them under state and federal laws, regulations or statutes. In the event any clause or portion of this agreement is in conflict with statutes of the State of Wisconsin governing munici- palities or other statutes such clause or portion of the agreement shall be declared invalid and negotiations shall be instituted to adjust the invalidated clause or portion thereof. ARTICLE XIII LAY-OFFS When it is deemed necessary by the City to lay off employees because of need for economy, lack of work or funds or other just cause, it shall follow the lay-off procedure outlined in Wisconsin Statutes, �g73, Section 62.13 (5m). ARTICLE XIV RULES � EVALUATION REPORTS The Association recognizes that the employer may adopt and publish rules from time to time, however, the employer shall submit such rules to the Association for �ts information prior to the effective date. Evaluation reports of employees shall be submitted to the evaluated employee in final form and identical to those filed in the personnel office and in the office of the Chief of the Department. ARTICLE XV PROGRESSION OF DISCIPLINARY ACTION Progression of disciplinary action shall be as follows: First, oral reprimand or written reprimand. An Association repres�entative may be present with the employee at the time (or at such time as) any oral or written reprimand, suspension or dis- missal is registered with the employee. : The Association may be furnished a copy of any written notice of reprimand or suspension. A written reprimand sustained in the grievance or not contested shall be recorded. An employee shall have the right to the presence of an Association represen- tative when his work performance or conduct affecting his status as an employee are the subject of discussion for the record. The City shall, at all steps of this Article, affirmatively ask the employee if he desires an Association representative to be present. ARTICLE XIV EDUCATION BENEFITS In consideration of the successful completion of thirty-six (36) credits from the curriculum of the University of Wisconsin-Oshkosh, or the Fox Valley Technical Institute, defined as the Police Administration Program the following schedule of benefits and provisions shall apply: EDUCATIONAL CREDITS For every three (3) credits an employee obtains in the aforesaid program of study he shall receive Bi-Weekly payments as listed: Credits Bi-Weekly Rates 3 S 2.31 6 4.61 9 6.g2 12 9.23 15 11.54 18 13•85 21 16.15 24 -18.46 27 20.77 30 23.08 33 25•38 36 27.69 � r- I Salary adjustments as contained herein shall be made at the beginning of the first pay period in February and the beginning of the first pay period in July of each year upon presentation of satisfactory evidence that the officer has completed the aforesaid courses of instruction. Employees shall not be paid for courses completed unless the final grade received is a"C" or better. An additional $15.00 per month shall be paid to the employee upon completion of 60 credits in the Potice Administration program at the University of Wisconsin Oshkosh or Fox Valley Technical Institute. Al1 employees who have completed two (2) years of service are eligible to participate in the educational program set forth herein. An employee who has acc- umulated credits herein prior to the completion of two (2) years of service will receive the compensation as provided herein at such time as he has completed two (2) years of service. SENIORITY CREDIT All officers with fifteen (15) years service as of the lst day of January, lg6g, will receive for purposes of the pay schedule eighteen (18) credits. These credits shall be given in addition to whatever credits they may acquire under the program set forth herein. Those employees who are employed prior to the lst day of January, 1969, who have not progressed in the educational program set forth herein shall receive for pay purposes only an additional ten dollars ($10.00) per month upon the completion of ten ()0) years of service and an additional ten dollars ($10.00) per month upon the completion of twenty (20) years service. This provision is not to be construed as credit equivalents, nor as additional benefits to acquired credits. Those employees who qualify for benefits in the previous paragraph shall not be eligible fo,r the benefits contained in this para- graph. -10- �_ The employer will furnish required books and tuition for certified courses in the police administration program at City expense. All payments shall be at the undergraduate rate. If an employee wishes to take a graduate course, he shall be responsible for the differences between the graduate and undergraduate rate. If the employee drops a class, the employee will be responsible for the costs incurred by the City for that course including books and tuition. If the reason for the employee dropping the course is due to a shift change, the employee will not be denied reimbursement. Student classroom and study hours shall not be construed as work hours nor shall such time be subject to compensation. No new employee hired after January 1, 1969, for purposes of the salary schedule shall be hired in other than the first step of the salary schedule unless educational achievement is such as the City may choose to start him in a step not to exceed step C of the salary schedule. The salary schedule is set forth in appendix A and in- corporated herein by reference. ARTICLE XVII GRIEVANCE PROCEDURE Both the Association and the City recognize that grievances and complaints should be settled promptly and at the earliest possible stages and that the grievance process must be initiated within five (5) days of the incident or knowledge of the incident whichever is the latter. Any grievance not reported or filed within five (5) days shall be invalid. A grievance is defined as any dispute or misunderstanding relating to employment between the City and the Association and shall be handled in the following manner: l. The aggrieved employee shall present the grievance orally to his Captain either alone or accompanied by an Association representative, or if the employee refuses to present the grievance, the Association may present the grievance. -11- � � 2. If the grievance is not settled at the first step, the grievance shall be presented in writing to the Police Chief within five (5) days. The Chief shall within five (5) days (Saturday, Sunday, and Holidays excluded) hold an informal meeting with the aggrieved employee, and Association representatives. If the griev- ance is not resolved to the satisfaction of all parties within three (3) days, (Saturday, Sunday and Holidays excluded), either party may proceed to the next step. 3. The grievance shall be presented in writing to the City Manager for dis- position within five (5) working days. Response to the grievance shall be in writing. 4. If the grievance is not settled under the provisions of paragraph 3 above and one of the parties deems the issue to be arbitrated, the party shall process the grievance within five (5) days of completion of the provisions of paragraph 3 to arbitration. Arbitration procedures shall follow that outlined in State Statutes. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review. Expenses for the arbitrator's services and the proceedings shall be borne equally by the employer and the Association. However, each party shall be respon- Sible for compensating its own representatives and witnesses. ARTICLE XUIII AGENCY SHOP The Union, as the exclusive representatives of all the employees in the bar- gaining unit, will represent all such employees, union and non-union, fairly and equally, and all employees in the unit will be required to pay, as provided in this article, their proportionate share of the costs of representation by the union. No employee shall be required to join the union, but membership in the union shall be made available to all employees who apply consistant with the union constitution and by-laws. No employee shall be denied union'membership because of race, creed, color, or sex. -12- �.. . � The employer agrees that effective January l, 1973, it will deduct from the monthly earnings of all employees in the collective bargaining unit the amount of $1.67 per month, such amount being the monthly dues certified by the Union as the current dues uniformly required of all members, and pay said amount to the treasurer of the Union on or before the end of the month in which such deduction was made. Changes in the amount of dues to be deducted shall be certified by the Union 30 days before the effective date of the change. As to new employees, such deduction shall be made from the first paycheck following the first (1) day of completion of their probationary period. ARTICLE XIX RECOGNITION & UNIT OF REPRESENTATION The City hereby recognizes the Association as the sole and exclusive bargaining agent with respect to hours, wages and conditions of employment for the positions of patrolman, detective, sergeant, and lieutenant, excluding the positions of Chief, inspector, captain, and all other employees of the Oshkosh Police Department. THIS AGREEMENT shall be come effective as of the lst pay period of 1977, and will remain in full force and effect to and including the 31st day of December, 1977. CITY OF OSHKOSH BY: BY: BY: I -13- OSHKOSH PROFESSIONAL POLICEMEN'S ASSOCIATION BY: BY: ATTORNEY BY: � � • . . 'd T , A CLASS Patrolman Detective Se rgeant Lieutenant RNG. SCHEDULE A 1977 POLICE PAY PLAN�� A B 1 Biw. Mo. 2 Biw. Mo. 3 Biw. Mo. 4 Biw. Mo. C D E 47�.23 483.28 495.32 507.37 5�9.41 1021.00 1047.1t 1073.19 1099•3� 1125•39 4g1.48 503.54 516.67 530.35 545.68 1064.87 1o9t.00 ttt9.45 tt4g.o9 t�82.31 508.03 518.9$ 537.04 552•37 568.24 1100.73 1124.46 1163.59 1196.80 1231.19 521.27 536.60 551.93 567.80 584.78 1129.42 1162.63 1�95.85 1230.23 t267.02 (1) $29.00 per month additional to desk officer when assigned to communication duty -, Official Rates are the Bi-Weekly Rates � rn � a� c� � � 0 u� � y 0 ���� � ,... -n�, �x'� cd �u`"�? ,O � O rl J-� J� U � tt3 �--I S-i O � � � � O f� U '\ . 1 ' .-. ti .. � a� � d +� - o a�i 4 � O � H � � O n--1 � O � , � 1 � ' ' � P ti x � � � rn � �� U � � �� � C.1 r_ I �