Unit 4 (PLEA) - Draft.pdf

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MEMORANDUM OF UNDERSTANDING

CITY OF PHOE

PHOENIX LAW ENFO

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ARTICLE 1: RIGHTS

SECTION 1-1: PURPOSE/GENDER.
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .
SECTION 1-3; RIGHTS OF ASSOCIATION...
SECTION 1-4: RIGHTS OF UNIT MEMBERS
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS

ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT. .......-...0:c:ccssseeeeees 22

SECTION 2-1: GRIEVANCE PROCEDURE...
SECTION 2-2; LABOR-MANAGEMENT COMMITTEE.
SECTION 2-3:.

ARTICLE 3: COMPENSATION/WAGES ........

SECTION 3-1: WAGES ......
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY
SECTION 3-1B: CAREER ENHANCEMENT PAY.
SECTION 3-1C: TRAINING PA’
SECTION 3-1D: COMPENSATION FOR INTERPRETING Af
SECTION 3-1E: CERTIFIED PHLEBOTOMIST CO
SECTION 3-2: OVERTIME
SECTION 3-2A: COURT TIME OVERTI
SECTION 3-2B: CALL-OUT PAY
SECTION 3-3: OUT-OF-RANK PAY.

SECTION 3-4A: SICK LEA
SECTION 3-5: NIGHT SH}

SECTION 3-6A: COU
SECTION 3- 7: OFF-D

SECTION 5- 2: DENTAL INS
SECTION 5-3: LIFE INSURANCE

SECTION 5-4: LONG-TERM DISABILITY INSURANCE .
SECTION 5-5: HOLIDAYS AND VACATION LEAVE...
SECTION 5-5A: OUT-OF-STATE VACATION RECALL.
SECTION 5-5B: MILITARY LEAVE
SECTION 5-6: UNIFORM, CLOTHING AND EQUIPMENT ALLOWANCE.
SECTION 5-7: REIMBURSEMENT FOR EDUCATION EXPENSES..........
SECTION 5-8: LEAVE OF ABSENCE
SECTION 5-9: WORKERS’ COMPENSATION...
SECTION 5-10: FACIAL HAIR
SECTION 5-11: EMERGENCY LEAVE BANK
SECTION 5-12: WORKPLACE PARKING
SECTION 5-13: RETIREE HEALTH TRUST

ARTICLE 6: MISCELLANEOUS.

SECTION 6-1: SAVING CLAUSE
SECTION 6-2: COPIES OF MEMORANDUM.
SECTION 6-3: AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING ..
SECTION 6-4: CHANGES IN DEPARTMENT OPERATIONS ORDERS PURSUANT TO THIS MEMORANDUM .
SECTION 6-5: PHYSICAL FITNESS.
SECTION 6-6: TERM AND EFFECT OF MEMORANDUM ..

ATTACHMENT A

ATTACHMENT B
ATTACHMENT C
ATTACHMENT D

Preamble

WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code in order to reach agreement concerning wages, hours, and working conditions
of employees in the Police Officers Unit, and

WHEREAS the parties hereby acknowledge that the provisions of this Memorandum are
not intended to abrogate the authority and responsibility of City government provided for
under the statutes of the State of Arizona or the Charter or ordinances of the City of
Phoenix except as expressly and lawfully limited herein,

NOW THEREFORE, it is agreed that this Memoranid
“Memorandum”) shall be submitted to the Citygl i
consideration. , 4

of Understanding (hereinafter
the City of Phoenix for its

Section 1-1: Purpose/Gender

Wherever any words used herein
construed as though th 2yy

ine or neutral, they shall be

were also i byl cases where they would
,

so apply. | y

Section 1-2: City and

OACity: and the Chief of Police retain, whether

ssociation recognizes the exclusive right of the Chief of
sstablish and maintain departmental rules and procedures for the
of thggplce Department during the term of this Memorandum
S ules and procedures do not violate any of the specific express
provisions of thi Memorandum.

B. The City and Chief of Police have the exclusive right and authority to schedule
work and/or overtime work as required in the manner most advantageous to the
City.

Cc. It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described; nevertheless,
it is intended that all such duties shall be performed by the employee.

D. The Chief of Police and City Manager reserve the right to discipline or discharge
employees for just cause, as defined in ARS 38-1101, pursuant to the Civil Service
laws. The City reserves the right to lay off personnel of the Department.

E. The City and the Chief of Police shall determine assignments and establish
methods and processes by which assignments are performed.

F.

The Department will provide a list of proposed G.O,D. transfers of unit 4 members
to PLEA prior to any move, as to allow constructi¥é ¢ollaboration about the needs
of the Department. ;

G. Except as otherwise specifically provided orandum, the City and the
Chief of Police retain snavatteny Oy to which by law they are
entitled. Vy,

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H. The City shall have the authority wv i i ferring to effect
reorganizations of the Police Departm

L »statutory and Charter rights and

; Ne operations.
J. Agof departmental efficiency
p the management, organization,
and the“pélice force, including those set
lusively the right of the City and the Chief
vith e express terms of this Memorandum as
K. hts of the City and the Chief of Police, including those

specifically teferred tg; ywhich are not expressly modified or restricted by a
1@,provision on gis Memgpandum, are not in any way, directly or indirectly,
he Grievange Procedure herein.

A. The Association, as the authorized representative, has the exclusive right to
serve as the meet and confer representative of all employees in the Police
Officers Unit as described in Attachment A.

Under no circumstance shall the department create or request unit members to
sign or agree to individual employment contracts without mutual agreement with
the Association. Unit members will still be required to sign for receipt of materials.

B. Union Release:
The Phoenix community benefits from harmonious and cooperative relationships

5

between the City and its employees. The City and the Association have
negotiated six full-time release positions, and release hours, as an efficient and
readily available point of contact for addressing labor-management concerns.

Examples of work performed by the release positions in support of the City
include ensuring representation for unit employees during administrative
investigations and grievance/disciplinary appeal meetings with management;
participating in collaborative labor-management initiatives that benefit the City
and the unit members; serving on Police Department task forces and
committees; facilitating effective communication between City and Department
management and unit employees; assisting unit members in understanding and
following work rules; and administering the provislofs of the Memorandum of
Understanding. The cost to the City for these éiease positions, including all
benefits, has been charged as part of the t pensation contained in this
agreement in lieu of wages and benefits,

1. Full-Time Release Positions:

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“full,time, paid police
officers of the Phoenix Police : who will at times remain
qualified to perfor! tse S jormally expected“and required of
a municipal police off oenix, Arizona. These six (6) full
time release positions gular salary including fringe
benefits, and the empig sha] | prover contributions to the
3 P i ; A tequired by law so as to

ty Personnel Retirement

e

Sitions shall participate in all appropriate

Je Sh to maintain membership in the

ing Mandated by the Arizona Peace Officers
ard-(AZ POST).

rtment’s rules, regulations, and operations orders,
limited to proper notification when utilizing sick or

ti Police De

d. The six (6) full time release positions may work supplemental overtime
shifts consistent with the processes and policies set in place by the
Phoenix Police Department for all sworn police officers. Employees will
submit all overtime slips to their current supervisor to ensure that
overtime is being used appropriately.

2. Association Representatives:

The Association may designate up to forty-two (42) (as of July 1, 2012)
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representatives and shall notify the Chief of Police and Labor Relations
Administrator in writing of such designations as they occur. There shall be no

obligation on the City to change or adjust normal departmental scheduling or
assignments of personnel as a result of such designations.

a. Up to two PLEA representatives may, when the Association is designated
by the unit member as his representative, attend mutually scheduled
grievance meetings, Use of Force Boards, Disciplinary Review Boards, IRP
Meetings, and hearings with department representatives and hearings
scheduled and conducted by the Civil Service Board without loss of pay or
benefits. Up to two PLEA representatives,may attend hearings with the
department representative if more than oné department representative is in
attendance. Paid release time used any other purposes, such as
gathering information, interviewing J {leyant/appellant or witnesses, or
preparing a presentation shall be cle iar cd Sen against the bank of release hours
as described in Section 1-3 D BAT represef lalxes are required to obtain
the permission of their non- pins Upervisor to abse} sc) pt themselves from their
duties to attend schedule etings and wove rep sentation.

b. When new work units, oe (1) 2 the Association
may designate up fon ox I | “bureau and up
to three (3) accra i er precinct. The increased number
will be consistent wit 4 will be based solely on the
addition of the above will be discussed

at y an

3. Bank m9 He

E ON to engage in legitimate Association
ne costae City yese release hours, including fringe, has

$ partof,the total CO6mpensation contained in this agreement
. Examples of how these hours are used by the

a. For Becutve B Board members to attend meetings of the Executive Board,
meetings of t > general, meric A and for preparation for "esationy

b. For unit members to attend seminars, meetings, training classes and
conferences so that representatives better understand issues such as City
policies and practices, conflict resolution, labor-management partnerships,
and methods of effective representation.

c. For Association representatives to communicate with members,
investigate grievances or prepare for hearings. A PLEA representative
wishing to enter a work area for the purpose of investigating a formal
grievance must first gain the permission of the work area supervisor. This

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permission will not be unreasonably withheld, giving proper consideration

to essential work of the department and the occupational safety of the
PLEA representative. When requesting a meeting with the work unit/site
supervisor, the PLEA representative will inform the supervisor of the
purpose of the meeting. PLEA representatives will attempt to schedule an
appointment in advance whenever possible. One additional PLEA
representative may be allowed to attend such meetings for training
purposes.

Approval for use of paid release time hereunder shall be subject to
Departmental operational and scheduling factors. When using such paid
time, Association representatives and m Airs of the Executive Board
shall give at least twenty-four (24) hours, fitten notice in advance.

In recognition of the mutual benefit*toboth'the,City and the Association, a
unit member using Association (elbase time a ined by Articles in this
MOU to conduct Association siusiness shall be corded all insurance-
related benefits. Approval dfelat élaims made for benefit@ywil be determined
on a case by case basis. J EN :

t be approved bythe Police

term will be deducted f Ste " the first year of the
sed), ec ver into the first year of

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Cc. The president gia

representative for the Association if the
legislath ie represent j

ith the Secretary of State as a lobbyist

Ae the as syislativ i aureed to work with and assist the city’s
& sg/slativ Byist. j euislatve’ Feprésentative shall receive 500 hours of
te lease ee per

utive ‘Board of the Association, or a designated PLEA
the approval of the Chief of Police or his designee,
24) hours written notice in advance, be authorized to
elated activities during City work hours on a non-paid
basis. Approv ¢h authorization for more than two (2) Executive Officers or
Board members ‘ofthe Association or designated shift representatives is subject
to forty-eight (48) hours written notice in advance. Approval for use of unpaid time
hereunder shall be subject to Department operational and scheduling factors and
administration contro! as to usage of such time but shall not be arbitrarily withheld.
There shall be no use of official paid time for Association related activities under
this paragraph.

D. e mele er of the
represepiative, will,
subject tozf enty-fo
engage in A j

E. Upon the Association’s filing of a Third Party Data Sharing Agreement with the
Labor Relations Division, during the term of this Memorandum, the City shall
furnish to the Association bimonthly at no cost a listing of all unit members,
indicating name, mailing address, phone number and assignment.

8

The City shall deduct monthly from the pay warrants of Association members the
regular periodic Association membership dues and/or special assessments in
accordance with Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code and pursuant to the City’s existing dues deduction authorization form
duly completed and signed by the Association member, and transmit such
deductions to the Association on a monthly basis; except, however, that such
deduction shall be made only when an Association member's earnings for a pay
period are sufficient after other legally required deductions are made. The City
shall, at the request of the Association, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for implementing
such change. The City shall not make dues deductions for unit members on behalf
of any other employee organization as defi in Chapter 2, Article XVII
(Employer-Employee Relations), Phoenix ode during the term of this
Memorandum. The City assumes no lia account of any action taken
pursuant to this paragraph.

The Association is authorized to Use | hay utu

City facilities for pick-up by or distf:
literature that is not political in natur
disruptive of the department’s opera
however, that such activity§ b

ny persa OF organization, or
hg a and agreed,
ing the on-duty ti ‘tite of any unit
sources, use the mailboxes at
ers. The association may use

AD
ith untarbers on two occasions a

The Association and the Department will jointly present a four (4) hour career survival
class to recruits who are expected to become sworn police officers. Immediately
following, the Association will be allowed one (1) hour to talk to and possibly sign
newly sworn police officers into the Association and to explain the rights and benefits
under the MOU. This time will be allotted prior to reporting for the first patrol training
shift. This training will be held at the offices of the Association. The content of such
information shall not be political in nature, abusive of any person or the Department
or disruptive of the Department's operation.

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any
hours or fractions of hours spent outside the unit member's work shift in pursuit of
benefits provided by this Article. The employerhall count as time worked any
hours or fractions of hours spent within the, jember’s regular work shift in
pursuit of benefits provided by this Article.

Any unit representative attending any, yA BP, DRB, U C, or any other review
board will be allowed to adjust thes Notk schedule b equal amount of time
spent in the meeting. The adjus| siment will require “the, approval of the
representative’s supervisor with oper nal congideration. “ABE proval will not be
unreasonably withheld. %

In the interest of encase ?

department will mail to the A‘

lucation for unit vnembers, the
S AZ POST calendar and all

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4 >
The Asso wiafoh wil at “designated in writing, on
eo “hiyy pbs
continuous’ aid sta ant ual benefit of both the City and the

i q the Associstion, the City will provide specific information
ent to a writté pgrievat NOB, arbitration case, or Civil Service appeal. The City
NSO provide per: inent collegtive bargaining information. This material will be
supple gt the Assogiation at no cost.

upon briefing quaitérly with each squad to discuss Association business and
issues of mutual concern to labor and management.

The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Police Department task forces and committees,
Labor-Management work groups, and a variety of Health and Safety committees.
These activities take time away from expected tasks such as representation and
communicating with the membership and may occur outside the regular work day
of the Union officials. The full-time release positions agree to participate in these
important committees and task forces. In recognition of this commitment, the City

10

agrees to provide a nine hundred sixty (960) hour bank of compensation for use
by the full-time release positions each MOU year. (This is a reduction from the
2010 — 2012 MOU).

R. Unit members who are not Association members at the beginning of the last pay
period in June, 2019, will receive 3.5 hours of vacation time, in addition to their
normal annual accruals, credited to their vacation leave

bank on the second paycheck in August 2019. Unit members who are not
Association members at the beginning of the last pay period in December, 2019,
will receive 3.5 hours of vacation time in addition to their normal annual accruals,
credited to their vacation leave bank on the secong»paycheck in January 2020.

a

t the beginning of the last pay
ion time, in addition to their
ave bank on the second
paycheck in August 2020. Unit members who aren aciation members at the
beginning of the last pay period dp December, 2021, llpreceive 3.5 hours of
vacation time in addition to their no annual accruals, cr dited to their vacation

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leave bank on the second paycheck 2.021

Unit members who are not Association mem
period in June, 2020, will receive 3.5 hours

normal annual accruals, credited "0 ae Jaca

Wy,

to Un bers who are not Association
ks described in Section 1-3,
ank, thefythe Section 1-3(Q) leave bank,

theta not enough hours in the

oh

Ly Pp»
The number of hours
members will be deducted
beginning with the Section 1

and then the ee the

leave banks to ref the hot Hemberszwho are not Association
members, ie ‘sociation will re um per Of full-time release positions for
the remaindelo onth perl e value ofe ach reduced full-time release

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banky
oror before Jui 1, g January 4, 3020, July 1, 2020, and January 1, 2021, the
will provide*Upit members who are not members of the Association “opt in”

forms»to be approved, by the Association, allowing them to donate vacation leave
to be deposited intot Section1-3(B)(3) leave bank. At any time during the term
of this M@ i Fpember may request this “opt in” form in order to donate
vacation t ner above-described.

S. As the certified, unit 4 bargaining unit, the Association will be notified
electronically of Use of Force Boards and Disciplinary Review Boards at the time
of scheduling.

Section 1-4: Rights of Unit Members

Be Fo ehy iso

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ALT A yes

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A. A unit member has the right to have the Association serve as his meet and
confer representative as set forth in Chapter 2, Article XVII (Employer-Employee
Relations), Phoenix City Code

B. A unit member has the right to be represented by the Association in dealings with
the City concerning grievances and matters pertaining to his individual
employment rights and obligations.

1. If a unit member requests, representation will be allowed when the member is
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