PAX Centurion - November / December 2014
www.bppa.org PAX CENTURION • November/December 2014 • Page 5 Vice President’s Message: Ronald McGillivray, BPPA Vice President 17 hours in a 24 hour period See Vice President on page 7 T he BPPA has been noticed to bargain over changes to Rule 102 which involves officers “working more than 16½ con- secutive hours in a 24 hour period.” The word “consecutive” allows the Department to order officers to work 18 plus hours in a 24 hour period violating common sense but no rules or regulation. Some of our officers enjoy the ability to volunteer for greater hours but many more do not enjoy being ordered. The Department is well aware that if a “perfect storm scenario” ever made it to a civilian jury it would include an expensive price tag. The Department’s Rule change would mandate that officer’s not work more than 17 hours in a 24 hour period of their own volition. In cases of operation need, if officers were ordered to work beyond 17 hours in a 24 hour period, he/she would be given relief for every hour worked over 17 hours. Does an acknowledged standard for hiring to a particular “minimum manning level” constitute an emer- gency at 11:30 p.m. when the DS only has four officers who have all worked a construction detail and a first half? Operational need combined with basic discretion should definitely be part of the Q and A with all bargaining units because this is definitely not a one size fits all. The amount of recuperative time following mandated overtime will also be a main focus. The change also gives notice that voluntarily working more than 17 hours in a 24 hour period is a violation of Rules and Regulations. Discipline would more than likely mirror violations of the 90 hour rule. All realize that a great many enjoy both sides of the issue when it’s suitable for either argument but working crazy hours has an effect on your health over the long term and your safety in the short term. Other concerns to keep in mind will be how the Superiors and the Detectives respond. Both will probably take issue with a unilateral change that would affect the number of hours they can work. All would welcome a voluntary component but the Department realizes that will not help after a nightmare consequence when they have to explain how it is considered rationale for an officer to work so many hours whether voluntary or mandated. The Department will likely at- tempt to push all bargaining units toward impasse and implement the change with litigation probable. Work-In Banks A s of January 1 st of this year the Department was required to buy down officers WI Banks to 160 hours. This coming January hours will once again be paid out and set at a maximum of 80 hours with the intent of getting a workable number and asserting some internal discipline going forward. As of October 27 th a published list of our membership was posted with the total number of hours officers possessed at that time. Most were unremarkable but there was a greater number than expected that were in arrears. Everyone should check their hours with their clerk and if needed submit their “blue forms” identify- ing the days that were “worked in” because the hours that were “worked out” have definitely been subtracted. That also includes officers that have a positive balance. There are close to 200 officers that are above 80 hours. For all, playing catch-up after the change (NewYear) is not advised, get your numbers and paperwork reconciled with your clerks if there is a discrep- ancy before the NewYear. Sick Bank I n recent months sick time requests for officers experiencing hard times has increased ten-fold. Initial settlement agreements and continual reloading of additional days has become a constant. It is time to revisit the issue with the Department in the hope of attaining a “sick bank” that works for both parties and since the days are donated at no expense to the Department other than administrative upkeep this is doable with hopefully a couple of tweaks. In the past, differences such as the sweeping of left over sick days at the end of each year prior to reloading was an impediment… that has been addressed and is no longer part of the Superiors and Detec- tives agreements which happen to be identical in language. Having written flexibility that would allow members to skip an annual dona- tion in a particular year based on the Sick Bank Committee’s recom- mendation would be a positive. There is no need to have a bank with 10,000 days that will never be used. A possible BPPA issue might involve “eligibility for membership.” The Superior’s and Detective’s only criteria to become a member is that they voluntarily donate one day per year. An extreme but plau- sible concern for the BPPA could involve annual abuse. That is what the Sick Bank Committee would be tasked to vet. An officer that has been responsible and has to go through a 150 sick days and other benefits before getting a shot might want everyone from the begin- ning to have a minimum or pro-rated amount of skin in the game. Newer officers might have to have a certain number of days that correspond to the number of years on the job. Any number of reasons an officer is short on time could be handled by the Committee as a special circumstance. The rest is fairly standard in that an application is forwarded to the Committee requesting time accompanied by medical evidence of illness or injury that prevents the employee’s immediate return to work. The Committee should have great latitude and absolute final
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