INDEX
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ARTICLES
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PAGES
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Article I – Recognition
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3
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Article II – Non-discrimination
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3
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Article III – Payroll Deduction of Association Dues
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3
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Article IV – Employee Rights and Representation
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4
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Article V – Management Rights
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5
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Article VI – Grievance Procedure
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5
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Article VII – No Strike Clause
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7
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Article VIII – Stability of Agreement
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8
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Article IX – Hours of Work and Overtime
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8
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Article X – Court Time
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9
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Article XI – Holidays
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10
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Article XII – Sick Leave and Personal Days
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11
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Article XIII – Vacation Leave
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14
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Article XIV – Labor-Management Committee
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15
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Article XV – Other Leaves of Absence
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16
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Article XVI – Miscellaneous
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17
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Article XVII – Uniforms
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19
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Article XVIII – Compensation
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20
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Article XIX – Preference
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21
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Article XX – Duration
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21
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THIS
AGREEMENT is entered into by the City of Boston, hereinafter “City”, and the
Boston Police Cadet Association, hereinafter “Association”, pursuant to the
provisions of Chapter 1078 of the Acts of 1973, as amended (General Laws,
Chapter 150E).
WITNESSETH:
WHEREAS, the well-being of the employees covered by this
Agreement and the efficient and economic operation of the Police Department
require that an orderly and constructive relationship be maintained between the
parties; and
WHEREAS,
the participation of employees in the collective bargaining process contributes
to the effective conduct of the public business and police administration; and
WHEREAS,
the parties to this Agreement consider themselves mutually responsible to
establish stable and meaningful relations based on this Agreement.
NOW
THEREFORE in consideration of the mutual promises and agreements herein
contained, the parties mutually agree as follows:
ARTICLE I
PERSONS COVERED BY THIS AGREEMENT
The City recognized the
Association as the exclusive representative, for the purpose of collective
bargaining relative to wages, hours, and other conditions of employment, of all
Boston Police Cadets.
ARTICLE II
NON-DISCRIMINATION
The City and the
Association agree not to discriminate in any way against employees covered by
this Agreement on account of race, religion, creed, national origin, sex, age,
or membership or non-membership in the Association.
ARTICLE III
PAYROLL DEDUCTION OF ASSOCIATION DUES
Section 1. In accordance with the provisions of
Section 17A, Chapter 180 of the General Laws (Chapter 740 of the Acts of 1950),
accepted by the City Council of the City of Boston on January 15, 1951, and
approved by its Mayor on January 17, 1951, Association dues shall be deducted
by the City weekly from the salary of each employee who executes and remits to
the City a form of authorization for payroll deduction of Association
dues. Remittance of the aggregate
amount of dues deducted shall be made to the Association Treasurer within
twenty-five (25) working days after the month in which dues are deducted. For the purpose of the Article, “dues” shall
be deemed to include initiation fees and uniform assessments.
Section 2. Payroll Deduction of Agency Service
Fee
(a) Pursuant to Chapter 335 of the Acts of 1996, to assure that
employees covered by this agreement shall be adequately represented by the
Association in bargaining collectively on questions of wages, hours, and other
conditions of employment, the Collector Treasurer of the City shall deduct from
each payment of salary made to each such employee during the life of this
collective bargaining agreement and pay over to the Association, the exclusive
bargaining agent of such employee, as an agency service fee, the sum of five
dollars ($5.00) per week, which amount is proportionately commensurate with the
cost of collective bargaining and contract administration. The Association certifies that this
collective bargaining agreement is formally executed pursuant to a vote of a
majority of all employees in the bargaining unit.
(b)
The Association agrees
to indemnify the City for damages which the City may be required to pay by an
administrative agency or court of competent jurisdiction of last resort as a
result of the City’s compliance with paragraph (a) of this section.
ARTICLE IV
EMPLOYEE RIGHTS AND REPRESENTATION
Section 1. Subject to the operating needs of the
Department as determined by the appointing authority, leave or absence without
loss of pay or benefits will be permitted for the following reasons:
(a)
The members of the Association bargaining committee, not to
exceed five (5), for all bargaining sessions between the City and the
Association for the purpose of negotiating the terms of a contract or
amendments thereto;
(b)
Shift representatives, not more that one (1) per shift and
Association officers, for reasonable time to counsel, advise potential
grievants, or to represent a bargaining unit member at a grievance hearing or
in any investigatory meeting from which discipline could result. Shift representatives may enter any
Department premises at any reasonable time for such purposes provided that they
first secure the approval of their immediate supervisor from their absence from
regular duty, and second, that they give notice of their presence immediately
upon arrival to the person in charge.
(c)
Any Association member who is required to appear as a
grievant or necessary witness in a grievance hearing, or a hearing at the
Massachusetts Labor Relations Commission.
(d)
Release time granted pursuant to this Section for
hearings/negotiations away from the employee’s work site shall commence no more
than one (1) hour prior to the start of the hearing/negotiation session to
allow for reasonable travel time. The
employee so released shall be required to report back to his/her supervisor
within one (1) hour of the conclusion of the hearing/negotiation except when
the conclusion occurs within the last hour of the employee’s regularly
scheduled shift.
Section 2. The Association shall provide to the
Department and the City’s Office of Labor Relations, and keep updated a list of
officers, bargaining committee members and shift representatives. Requests for release time shall be made to
the Department’s Office of Labor Relations for all grievance hearings. Requests for release time for collective
bargaining, arbitration or Labor Relations Commission hearings shall be made to
the City’s Office of Labor Relations.
All such requests shall be made in writing as far in advance as possible
and, in no event, later than forty-eight (48) hours in advance.
Section 3. No bargaining unit employee who has
completed six (6) months continuous service in the bargaining unit shall be
suspended or discharged except for just cause.
ARTICLE V
MANAGEMENT RIGHTS
The City reserves and
retains the sole and exclusive right to manage, operate and conduct all
operations and activities except as specifically and expressly limited by the
provisions of this agreement. The City
reserves and retains all common law, statutory and inherent managerial
prerogatives including the right of the Commissioner of the Boston Police
Department to issue rules and regulations and from time to time change, alter
or add to such rules.
The failure of the employer to insist in any one or more
instances upon compliance with any rule or regulation, policy or procedure, or
upon full enforcement of the employer’s right under any law shall not be
considered a waiver of relinquishment of the right to insist on future
compliance of full enforcement.
ARTICLE VI
GRIEVANCE PROCEDURE
Section 1. The term “grievance” shall mean an
allegation by the union or by an individual employee that an express written
provision of this Agreement has been breached.
Any incident which occurred, or failed to occur prior to the effective
date of this Agreement shall not be the subject of any grievance hereunder.
Section 2. Grievance shall be processed as follows:
Step #1. The employee and/or the Association, with or
without the presence of the aggrieved employee, shall present the grievance in
writing within twenty-one (21) days after the employee or union had the
knowledge or should have had knowledge of the incident upon which the grievance
is based. The written grievance shall
be presented to the Deputy Superintendent or his/her designee who shall attempt
to resolve the grievance informally.
Step #2. If the grievance is not resolved at Step 1,
then within five (5) working days thereafter the grievance shall be submitted
in writing to the Office of Labor Relations, Boston Police Department. A meeting between the Director, Office of
Labor Relations or his/her designee and the grievant and/or union
representative shall be held within ten (10) working days after filing with the
Office of Labor Relations. If the
grievance is not satisfactorily adjusted at this meeting, there shall issue a
written explanatory answer with ten (10) working days of the meeting.
Any grievance of a
general nature affecting a large group of employees may, at the option of the
Association, be filed at Step 2 of this grievance procedure.
Step #3. If the grievance is not resolved by the
meeting or the written response at Step 2, then within five (5) working days
thereafter the grievance shall be submitted in writing to the City’s Office of
Labor Relations. A Step 3 hearing shall
be held within ten (10) working days of the filing of the grievance, and a
written decision shall be issued within ten (10) working days of the hearing.
Step #4. If the grievance is not resolved at Step #3
then within ten (10) working days of the City’s answer or reasons, the
Association, and only the Association, may, in any instance, submit the
grievance to arbitration. Within the
said ten (10) working days written notice of submission shall be given to the
City by delivery in hand or by mail, postage prepaid, addressed to the
attention of its Supervisor. The
arbitrator shall be selected in a manner mutually agreed upon by the parties
from a rotating panel of not less then three (3) and not more than five (5)
arbitrators selected by mutual agreement of the parties. Expenses for the arbitrator’s services shall
be shared equally by the parties.
Section 3. Written submissions of grievances shall
be on forms to be agreed upon jointly, and shall be signed by the grievant and
the representative of the Association filing the grievance. If the grievance is adjusted at any step of
the grievance procedure, the adjustment shall be noted on the grievance form
and shall be signed by the respective City representative(s), as the case may
be, and the Association representatives reaching the agreement. If the City exceeds any time limit
prescribed at any step in the grievance procedure, the aggrieved employee
and/or the Association may invoke the next step of the procedure. If the Association or grievant exceeds any
time limit prescribed at any step in the grievance procedure, the grievance
shall be waived.
Section 4. The decision of the arbitrator shall be
final and binding upon the parties, except that the arbitrator shall make no
decision which alters, amends, adds to, or detracts from this Agreement, or
which recommends a right or relief for any period of time prior to the
effective date of this Agreement, or which modifies or abridges the rights and
prerogatives of municipal management under Article V of this Agreement.
ARTICLE VII
NO-STRIKE
CLAUSE
Section 1. No employee covered by this agreement
shall engage in, induce, or encourage any strike, work stoppage, slowdown, or withholding
of services. The Association agrees
that neither it nor any of its officers or agents will call, institute,
authorize, participate in, sanction or ratify any such strike, work stoppages,
slowdown, or withholding or services.
Section 2. Should any employee or group of employees
covered by this Agreement engage in any strike, work stoppage, slowdown, or
withholding of services, the Association shall forthwith disavow any such
strike, work stoppage, slowdown, or withholding of services and shall refuse to
recognize any picket line established in connection therewith. Furthermore, at the request of the City, the
Association shall take all reasonable means to induce such employee or group of
employees to terminate the strike, work stoppage, slowdown, or withholding of
services and to return to work forthwith.
Section 3. In consideration of the performance by
the Association of its obligations under Section 1 and 2 of this Article there
shall be no liability on the part of the Association nor of its officers or
agents or any monetary damages resulting from the unauthorized breach of the
agreements contained in this Article by individual members of the
Association. Any employee who breaches
the agreement contained in this Article shall be subject to disciplinary
proceedings.
ARTICLE
VIII
STABILITY
OF AGREEMENT
Section 1. No amendment, alteration or variation of
the terms or provisions of this Agreement shall bind the parties hereto unless
made and executed in writing by the parties hereto.
Section 2. The failure of the City or the
Association to the insist, in any one or more situations, upon performance of
any of the terms or provisions of this Agreement shall not be considered as a
waiver or relinquishment of the right of the City or of the Association to
future performance of any such term or provision, and the obligations of the
Association and the City to such future performance shall continue in full
force and effect.
ARTICLE IX
HOURS OF
WORK AND OVERTIME
Section 1. Scheduled Tours of Duty or Work Shifts
Employees shall be
scheduled to work on regular work shifts or tours of duty and each work shift
or tour of duty shall have a regular starting time and quitting time. Work schedules shall be posted on all
Department bulletin boards at all times and copies shall be given to the
Association upon request. Employees
shall be given reasonable notice of any change in their work shift or work
schedule. Except in extreme
circumstances, reasonable notice shall mean fourteen (14) calendar days.
The tours of duty (work
shifts) may include, but are not limited to the following:
The hours of tour of
duty #1 are from 12:00 A.M. to 8:00 A.M. (Morning Watch).
The hours of tour of
duty #2 are from 8:00 A.M. to 4:00 P.M.
The hours of tour of
duty #3 are from 4:00 P.M. to 12:00 A.M.
Traffic Unit: Morning Shift:6:00 A.M. to 2:00 P.M.
Late Shift:11:30A.M. to
7:30 P.M.
Juvenile Detention
Unit:10:00 A.M. to 10:00 P.M.
10:00 P.M. to 10:00
A.M.
3:00 P.M. to 10:00
P.M.
Section 2. Scheduling of Overtime
In emergencies, or as
the need of the service require, employees may be required to perform overtime
work, provided that employees regularly scheduled for a day off or a vacation
day will be the last to be called for mandatory overtime on scheduled events. Employees shall be given as much advance
notice as possible of overtime work.
Scheduled overtime opportunities shall be posted and distributed as
equitably as possible, and shall be offered first to those employees regularly
assigned to perform that work.
Employees, other that those required to work beyond their normal tour of
duty due to the exigencies of their workday shall have the option of declining
offered overtime; but in the event that sufficient personnel do no accept such
offered overtime on a voluntary basis, or in the event of emergency situations
where time is of the essence in executing the overtime job, such additional
personnel as are deemed necessary by the Department may be required to work
overtime shall count as overtime worked for purposes of determining equitable
distribution.
Section 3. Method of Compensation
A.
The rate of pay for all
hours actually worked in excess of forty (40) in any payroll week (Wednesday –
Tuesday) shall be paid at the rate of time and one half the employees regular
hourly rate of pay. For purposes of
this section only, paid time off due to work-related disability or union
business pursuant to Article IV, Section 1, shall be considered hours actually
worked.
B.
Employees shall not be
required to accept compensatory time off in lieu of monetary compensation for
overtime service.
C.
Pay for overtime
service shall be in addition to and not in lieu of holiday pay or vacation pay,
and shall be remitted to employees as soon as practicable after the week in
which such overtime service is performed.
D.
An employee who is
called in for mandatory service during his vacation shall receive, compensatory
time off for each such day of vacation on which he performs mandatory service.
ARTICLE X
COURT
TIME
Section 1. An employee on duty at night or on
vacation, furlough, or on a day off, who attends as a witness or in other
capacity in the performance of his duty for or in behalf of the Commonwealth or
the City in a criminal or other case pending in any district court, including the
municipal court of the City of Boston, any juvenile court, or any superior
court, or before any grand jury proceedings, or in conference with a District
Attorney or Assistant District Attorney, or at any pretrial conference or any
other related hearing or proceeding, or at any pretrial conference or any other
related hearing or proceeding, or who is required or requested by any city,
county, town, state, or the federal government or subdivision or agency of any
of the foregoing, or who attends as a witness or in other capacity in the
performance of his duty for the government of the United States, the
Commonwealth or the city in a criminal or other case pending in a federal
district court, or before a grand jury proceeding, or a United States
Commissioner, or in conference with a United States Attorney or Assistant
United States Attorney, or at any pre-trial conference or an other related
hearing or proceeding, shall be entitled to be carried in a pay status for
every hour or fraction thereof during which he was in such attendance or
appearance; provided, further, that if any such occasion occurs on an
employee’s day off or during his vacation, the employee shall receive
additional time off commensurate with the time required by his/her required
appearance under this Article, and that any employee regularly assigned to the
midnight to 8:00 A.M. shift shall have his/her duty assignment changed to the
day shift on the days required hereunder.
ARTICLE XI
HOLIDAYS
Section 1. The following days shall be considered
holidays for the purposes enumerated below:
New Years Day
Independence Day
Martin Luther King, Jr., Day
Labor Day
Washington’s Birthday
Columbus Day
Evacuation Day
Veterans’ Day
Patriots’ Day
Thanksgiving Day
Memorial Day
Christmas Day
Bunker Hill Day
or the following
Monday if any day aforesaid falls on Sunday.
For the purposes of this Article, the “holiday” is
the twenty-four (24) hour period commencing at 8:00 A.M. of each day listed in
this Section.
Section 2. When any of the aforementioned holidays
falls on an employee’s scheduled day off, he/she shall receive, for each such
holiday, an additional day off to be taken within thirty (30) days of the
holiday.
Section 3. If an employee is not required to work on
any of the holidays listed in Section 1 which falls on his/her regularly
scheduled workday and does not work the holiday, he/she shall nevertheless be
paid his/her regular weekly compensation for that workweek. If an employee is required to work on a
holiday listed in Section 1 which falls on his/her regularly scheduled workday,
he/she shall receive, in addition to his/her regular compensation, either an
additional day off or an additional day’s pay on a straight time basis.
Section 4. The City reserves and retains the right
to determine whether an employee who works on a holiday shall receive time off
or additional pay. All time off granted
pursuant to this Article shall be taken at a time approved by the Appointing
Authority.
Section 5. If an employee is absent on account of
illness (other than work-related injury leave) on a holiday which is his/her
scheduled workday, or if an employee is absent on account of illness (other
than work related injury leave) on his scheduled tour or duty immediately prior
to, or on his scheduled tour of duty immediately subsequent to, a holiday which
falls on a scheduled day off, or if an employee is granted permission to take
an unscheduled day off on a holiday which is his/her scheduled workday, such
employee shall receive his regular weekly compensation for the week in which
such holiday falls but shall not receive additional compensation for such
holiday. In addition, the Department
may require the employee to provide a signed statement from a physician confirming
the necessity of such absence prior to approving sick leave for those day(s).
ARTICLE XII
SICK
LEAVE AND PERSONAL DAYS
Section 1. Every employee covered by this Agreement
who has completed six (6) months of continuous service for the Municipal
Employer shall, subject to Section 2 of this Article, be granted sick leave,
without loss of pay, for absence caused by illness or by injury or exposure to
contagious disease or by serious illness or death of a member of the employee’s
immediate family or by illness or disability arising out of or caused by
pregnancy or childbirth.
Sick leave shall accrue
at the rate of one (1) day for each month of actual service. Sick leave not used in the year in which it
accrues, together with any accumulated sick leave standing to the employee’s
credit on the effective date of this Agreement and not used in the current
year, may be accumulated for use in a subsequent year. Sick leave not used prior to the termination
of an employee’s service shall lapse, and the employee shall not be entitled to
any compensation in lieu thereof.
Section 2. No employee shall be entitled to sick
leave without loss of pay as provided in Section 1 of this Article unless (a)
the employee has notified his/her immediate superior of his/her absence and the
cause thereof two (2) hours prior to the start of the scheduled work shift
however employees in the Juvenile Detention Unit must notify their immediate
superior of their absence and the cause thereof four hours prior to the start
of the scheduled work shift unless extraordinary circumstances do not
reasonably allow for the employee to provide four hours notice; and (b) the
appointing authority has approved such request. For periods of absence of five (5) consecutive working days or
more, the appointing authority may request a signed statement from a physician
confirming the necessity for such absence.
In addition, the appointing authority may request a letter at reasonable
intervals for absences which are occasioned by chronic illness or illnesses.
Section 3. An employee on leave because of an
occupational disability may take such of the sick leave allowance to which
he/she is entitled under this Article as, when added to the amount of any
disability (Workmen’s) compensation, will result in the payment to him/her of
his/her full salary for any particular workweek.
Up to five (5) days’
sick leave credit will be restored to an employee’s accumulated sick leave when
such employee has used sick leave allowance between the date of injury on the
job and date disability (Workmen’s) compensation is awarded, except that such
sick leave shall be offset proportionately by a disability benefit that is
awarded retroactively to date disability was incurred.
Section 4. An annual report of sick leave shall be
made available upon request.
Section 5. Annual Redemption of Sick Leave
An employee who has used
fewer than five (5) sick days in the twelve month period ending December 31 of
any year in which this Agreement is in effect may elect to redeem sick days in
a lump sum cash payment in accordance with the following schedule:
Sick Days UsedCash
Redemption
0
5 days’ pay
1
4 days’ pay
2
3 days’ pay
3
2 days’ pay
4
1 days’ pay
5
0 days’ pay
The per diem rate will be the employee’s rate on December 31.
During January the City will notify each qualifying
employee of his/her redemption options.
An employee may elect to redeem all or part of his/her entitlement in
full days. Unredeemed sick leave days
will be accumulated in the normal manner.
Section 6. It is agreed that employees who abuse the
sick leave provisions of this Agreement shall not be entitled to paid sick
leave and shall be subject to disciplinary action. The Association agrees to cooperate with the City in dealing with
problems related to excessive sick leave usage. Where the Appointing Authority has reason to believe that sick
leave is being abused, the Appointing Authority may require the submission of
satisfactory medical evidence. Failure
to produce such evidence within seven (7) calendar days of its request may
result, at the discretion of the Appointing Authority, in denial of sick leave
and/or disciplinary action.
Section 7. Physician’s Certificate
Notwithstanding any
departmental rule or regulation or practice to the contrary, if a physician’s
certificate is required by the Commissioner as evidence of an employee’s
absence from work due to chronic illness, for five (5) consecutive days, more
than ten (10) days in a calendar year, or instance of suspected abuse, the
Department must afford such employee an opportunity to obtain such certificate
from a physician in the Department or a physician at Boston City Hospital. If an employee so chooses, he may obtain
said certificate from a physician other than a physician described above. In all cases where a certificate is obtained
form a physician other than the department physician, the employee shall assume
the cost thereof.
Section 8. Personal Leave
On January 1 of each
year, all full-time employees covered by this Agreement shall be credited with
three (3) paid personal leave days. The
employee shall schedule personal days in advance with the approval of his/her
supervisor. Such approval shall not be
unreasonably withheld. Personal days
used shall not count as sick days used for purposes of Managed Attendance
Program or in any way affect the employee’s right to annual redemption pursuant
to Section 5. Personal leave shall not
be accumulated, redeemed for monetary payment or carried over to the following
calendar year.
ARTICLE
XIII
VACATION
LEAVE
Section 1. New employees shall be eligible for the
following vacation leave:
a.
an employee who starts
work before July 1 and who actually works for six (6) months shall be entitled
to one (1) week of vacation before December 31;
b.
an employee who starts
work on or after July 1 shall receive one (1) week of vacation upon completion
of six (6) months of actual service.
The Appointing Authority in his/her discretion, may grant an additional
week of vacation leave to such employees who were hired after July 1 and who
have completed six (6) months of service;
c.
In no event shall the
vacation entitlement in (1) (a) or (1) (b) above exceed that established in
Section 2. Any period or periods during
the first six (6) months of service for which an employee is not paid (including
as little as one (1) day) shall extend the effective date of eligibility.
Section 2. An employee who on January 1 has more
than six (6) months actual service shall receive two (2) weeks vacation leave.
Section 3. An employee returning from an authorized
leave of absence shall receive his or her full vacation entitlement only upon
the completion of six (6) months of actual service as defined in Section 1 (c)
above.
Section 4. For the purpose of determining vacation
entitlement in a calendar year, service with the Commonwealth of Massachusetts,
the City of Boston, and the county of Suffolk shall be included in computing
actual service.
Service for the sole
purpose of determining vacation eligibility in the preceding year pursuant to
Section 1 and 2 of this Article shall also include up to twelve (12) weeks of
any of the following:
(a)
all paid vacation
leave;
(b)
up to four (4) weeks
paid sick leave; and
(c)
up to four (4) week
military leave; and
(d)
all authorized personal
leave.
In addition to the above, up to one (1) year of disability leave
(workers’ compensation) may be counted toward the length of continuous active
service.
Section 5. If an employee transfers into the
bargaining unit without a break in service subsequent to January 1 in any given
year, all prior service, as outlined in Section 4, shall be counted in
accordance with Section 2 (Vacation Entitlement).
Section 6. Prior to the departure on vacation leave,
an employee may be advanced vacation pay up to the employee’s maximum
entitlement under this Article, provided that the amount advanced shall not
exceed the vacation leave scheduled for such period.
Section 7. Vacation leave allowance shall be paid to
an employee who separates from City service on the first available M.A.C.
(Monthly Additional Compensation) payroll.
Vacation leave that has
been earned and not taken shall not be granted, in time off or in payment
in-lieu of vacation for employees who are terminated for cause.
Section 8. If the employment of an employee entitled
to vacation leave under this Article is terminated by death, said employee’s
spouse or next of kin shall be paid an amount in lieu of such vacation
entitlement. If such employee has no
spouse or next of kin, then the employee’s vacation leave shall be paid to
his/her estate.
Section 9. Vacation shall be taken at such time as,
in the opinion of the Appointing Authority, will cause the least interference
with the regular work of his/her Department.
Subject to the proceeding sentence, vacation leave election shall be
determined by seniority. Vacation leave
may not be carried over form one calendar year to another without the express
written authorization of the Employer.
Vacation leave carried
over shall not exceed one (1) week, and shall be taken prior to March 31 of the
following year.
ARTICLE XIV
LABOR-MANAGEMENT
COMMITTEE
Nothing in this Agreement shall prevent the
discussion of items of mutual concern at the departmental level during the life
of this Agreement. Therefore, the
parties agree to the establishment of a Labor-Management Committee to consist
of not more than six (6) members; three (3) designated by the Association and
three (3) designated by the Department.
The Committee shall meet after reasonable notice from either party.
ARTICLE XV
OTHER LEAVES OF ABSENCE
Section 1. Subject to the operating needs of each
unit, district, division, or bureau, determined by the Appointing Authority or
designee, leave of absence without loss of pay sufficient to conduct the
following activities will be permitted:
(a)
Attendance by an
employee who is a veteran as defined in Section 21, Chapter 31, of the General
Laws as a pallbearer, escort, bugler, or member of a firing squad or color
detail, at the funeral or memorial services of a veteran, as so defined, or of
any person who dies under other than dishonorable circumstances while serving
in the armed services of the United States in time of war or insurrection;
(b)
Attendance by an
employee who is a veteran as defined in Section 21, Chapter 31, of the General
Laws, as a delegate or alternate to state or national conventions of certain
veterans’ organizations as designated from time to time, during the life of
this Agreement, by the Mayor;
(c)
Inoculation required by
the City;
(d)
Blood donations if made
on the premises where the employee requesting such leave serves;
(e)
Promotional
examinations conduct under Civil Service law and rules for promotion to any
position in the services of the Department;
(f)
Medical examinations
for retirement purposes;
(g)
Attendance at
educational programs required or authorized by the City.
Section 2. Military Leave
Every employee covered
by this agreement who is a member of a reserve component of the armed forces of
the United States shall be granted, in accordance with Section 59 of Chapter 33
of the General Laws, leave of absence with pay, during the time of his annual
tour of duty as a member of such reserve component; provided, however, that
such leave shall not exceed seventeen (17) calendar days.
Section 3. Death in the Immediate Family
Effective upon the
execution of this Agreement, three days’ leave of absence, with pay, will be
allowed an employee with six (6) or more months of active service in the case
of the death of his spouse, or anybody in either of the following relationships
to the employee or the employee’s spouse; father, mother, brother, sister,
child or grandparents. These leaves
shall begin at the morning roll call following receipt of notice of death, and
employees affected shall be excused from tours of duty intervening between
receipt of notice of death and the morning roll call. Sufficient time to attend the funeral of other near relative may
be allowed without loss of pay, with an extension of such time in any
particular case at the discretion of the Police Commissioner.
If an employee entitled
to leave without loss of pay under this Section requires additional leave for
such purposes, leave for such purposes may be granted at the discretion of the
Commissioner to be deducted from sick leave.
An employee with less
than six (6) months active service shall be entitled to time off pursuant to
the above provision without pay.
Section 4. Pregnancy-Maternity Leave
Whenever a female
employee shall become pregnant, she shall furnish the Police Commissioner with
a certificate from her physician stating the expected date of her
delivery. She may continue to work so
long as her physician certifies that she is able to do so and provided that the
Commissioner does not find her work performance is impaired. Maternity leave without pay shall be granted
commencing with cessation of actual work under the preceding sentence, for a
period not to exceed one (1) year after date of delivery. However, for that portion of maternity leave
during which the employee is actually disabled by the pregnancy or birth and
which is evidence by medical documentation satisfactory to the Commissioner,
the use of accumulated sick leave shall be granted.
ARTICLE XVI
MISCELLANEOUS
Section 1. Space will be provided in units,
districts, divisions, and bureaus at places of assembly of the employees for
Association bulletin boards or reasonable size, to be supplied by the
Association, for the posting of announcements relating to Association business.
Section 2. Copies of general orders, special orders,
and personnel orders shall be supplied to the Association upon request and
copies of such orders issued subsequent to the effective date of this Agreement
shall be supplied to the Association at time of issuance.
Section 3. Should any provision of this Agreement or
any supplement thereto be held invalid by any court or tribunal or competent
jurisdiction, or if compliance with or enforcement of any such provision should
be restrained by any court, all other provisions of this Agreement and any
supplement thereto shall remain in force, and the parties shall negotiate
immediately for a satisfactory replacement for any such provision.
Section 4. Safety and Health
Both parties to this
Agreement shall cooperate in the enforcement of safety rules and
regulations. Complaints with respect to
unsafe or unhealthy working conditions shall be brought immediately to the
attention of an employee’s supervisor and shall be a subject of grievance
hereunder.
The City and the
Association shall establish a joint safety committee consisting of not more
than three (3) representatives of each party for the purposes of promoting
sound safety practices and rules.
Section 5. Access to Personnel Files
(a)
No material originating
from the City derogatory to an employee’s conduct, service, character, or
personality shall be placed in the personnel files unless the employee has had
an opportunity to read the material.
The employee shall acknowledge that he has read such material by
affixing his signature on the actual copy to be filed. Such signature does not necessarily indicate
agreement with its contents, but merely signifies that the employee has read
the material to be filed.
(b)
The employee shall have
the right to answer any material referenced in (a) above and his answer shall
be attached to the files copy.
(c)
Any employee shall have
the right, on request at reasonable times, and on his own times, to examine all
material in his personnel file which is neither confidential or privileged
under law, in the presence of an official in the Personnel Office. A copy of any such material shall be
furnished the employee a his request and expense.
Section 6. Employees assigned to the Traffic Unit
shall be transported to and from assigned posts by City of Boston vehicles.
Section 7. Bargaining unit employees will be
assigned, at the discretion of the Commissioner or his/her designee, to any of
the following units: Traffic, Administrative (Headquarters), or the various
Districts.
Section 8. All supervisors, at specified intervals,
will submit to the Personnel Division a performance evaluation report on each
cadet assigned to his/her supervision.
If a cadet is not performing his/her duties in a satisfactory manner,
he/she shall be recommended for release.
Section 9. Police cadets are appointed under the
provisions of Chapter 430, Acts of 1967, and Chapter 174, Acts of 1978, and
must be residents of the City of Boston at the time of their appointment and
throughout their employment as a cadet.
Any person so appointed must be not less than eighteen (18) nor more
than twenty-seven (27) years of age and without any felony convictions. Said appointments are not subject to Civil
Service Law or rules and shall be terminated whenever a cadet fails to maintain
a passing grade in any course of departmental study, and must be terminated
when age twenty-seven (27) is reached.
Section 10. Police cadets shall have administrative
rather than enforcement duties, they shall not carry arms, nor shall they have
any arrest powers other than those of any ordinary citizen. They shall never handle alcoholic beverages,
drugs, controlled substances, or firearms when these items are in police
custody.
ARTICLE
XVII
UNIFORMS
Section 1. Uniforms
All employees in the
bargaining unit shall be issued the following items upon appointment as a
police cadet:
3
pairs of pants
2
long sleeve (winter)
shirts
4
short sleeve (summer)
shirts
2
ties
1 each:
belt
rain coat
rain hat
hat
winter hat
reversible short jacket
storm coat
pair mittens
pair white gloves
whistle
traffic belt
flashlight w/extension
column
badge
Additionally, all cadets
assigned to the traffic division shall be issued one (1) Eisenhower jacket.
Clothing or equipment
issued pursuant to the above list which becomes unusable due to job-related
damage shall be replaced by the Department on an as-needed basis.
Employees shall be
responsible for all uniforms and equipment furnished them by the Department and
shall return all such uniforms and equipment to the Department upon termination
of employment.
ARTICLE
XVIII
COMPENSATION
Section 1. Salary
Increase the base salary
by three percent (3%) effective July 3, 1999, July 1, 2000, and July 7,
2001. The new weekly salary for
bargaining unit employees shall thus be as follows:
Effective July 3,
1999$357.41
Effective July 1,
2000$368.13
Effective July 7,
2001$379.17
Section 2. Night Shift Differential
Whenever in the course
of his/her regularly scheduled service an employee is assigned a night shift (a
regular work shift four (4) or more hours of which occur between 7:00 p.m. on
one day and 8:00 a.m. on the next succeeding day), he/she shall be paid a night
shift differential in the amount of twenty (20) dollars per week. Night shift differential shall not be
included….
Section 3. Uniform Allowance
Bargaining unit
employees shall receive an annual uniform allowance for the purpose of cleaning
and maintaining their uniforms and equipment.
This allowance is an annual payment and shall not be considered a part
of employees’ base pay for any purpose.
Effective July 1, 1996,
the annual uniform allowance shall be thirty-five dollars ($35). Effective July 1, 1997, the annual uniform
allowance shall be increased by thirty-five dollars ($35) so that the new total
allowance is seventy dollars ($70).
Effective July 1, 1998, the annual uniform allowance shall be increased
by thirty-five dollars ($35) so that the new total allowance is one hundred and
five dollars ($105).
ARTICLE XIX
PREFERENCE
Members of this bargaining unit on the payroll on or
before June 30, 1996 shall be entitled to the following benefits with regard to
appointment as a Boston Police Officer after completion of two years service as
a cadet, and after otherwise achieving full eligibility to be so appointed
(i.e. passing the written exam, psychological exam, medical exam, background
check, meeting the MCJTC entrance standards, etc.):
1.
One third of each class
of police officers appointed subsequent to the execution of this Agreement
shall be appointed from the ranks of eligible bargaining unit employees. The parties recognize that in the event that
there are not enough eligible bargaining unit employees to fill one third of a
class, then the percentage will be less than one third for such class but will
include the remaining preference-eligible bargaining unit employees.
2.
Nothing in this Article
shall require the City to appoint one or more classes of police officers;
3.
The provisions of this
Article shall not supercede the City’s obligation to comply with court orders
of decrees and in particular with those orders or decrees regarding the
appointment of minority police officers.
4.
The provisions of this
Article shall not supercede the City’s obligation to make appointments to the
position of police officer consistent with the requirements of M.G.L. c. 31.
ARTICLE XX
DURATION
This agreement is effective from July 1, 1999 through
June 30, 2001 and includes the former duration language of Article XX.
Except as otherwise provided herein, this Agreement
shall take effect as of the date of execution and shall continue in full force
and effect until superseded by a new collective bargaining agreement.
