COMMONWEALTH OF MASSACHUSETTS - United …

1 COMMONWEALTH OF MASSACHUSETTS AND THE STATE POLICE ASSOCIATION OF MASSACHUSETTS ( ) AGREEMENT JANUARY 1, 2000 - DECEMBER 31, 2002 i TABLE OF CONTENTS TOPIC PAGE PREAMBLE 1 Article 1 Recognition and Unit Jurisdiction 2 2 Managerial Rights/Productivity 2 3 Rules and Regulations 3 4 Exclusive Dues Check-Off 3 5 Agency Fee 3 6 Union Business 4 7 Anti-Discrimination and Affirmative Action 5 8 Hours of Work and Overtime 5 9 Sick Leave 9 10 Paid Personal Leave 11 11 Bereavement Leave 12 12 Family and Medical Leave 12 13 Vacations 15 14 Holidays 19 15 Employee Expenses 20 16 Salary Rates 21 17 Group Health Insurance Commission 23 17A Health and Welfare 23 18 Recall Procedures 24 19 Safety Committee 25 20 Training and Career Ladders 25 21

2 Technological Change (HR/CMS) 26 22 Grievance Procedure 26 23 Personnel Records 28 24 Union Management Committee 28 25 No Strikes 29 26 Savings Clause 29 27 Procedure for Personnel Investigations 29 28 Transfers 31 29 Court Time 32 30 Paid Details 32 31 Uniform Change 33 32 Clothing Allowance 33 33 Firearms Training Program 33 34 Tuition Remission Plan 34 35 Commuting in Cruisers 34 1 TABLE OF CONTENTS (CONTINUED) TOPIC PAGE Article 36 Physical Fitness Program 34 37 Drug Testing/Rehabilitation 38 38 Voting, Civic Duty, Military, Education Leaves 46 39 Duration 47 40 Appropriation by the General Court 47 Signature Page 49 Appendix A Salary Schedule 50 B Physical Fitness Testing Complaint Form 51 DT/S-1 Drug Testing Procedures 52 DT/S-2 Rehabilitation Agreement 63 DT/S-3 Appeal Form for Determination of Reasonable Suspicion for Drug Testing/Screening 64 DT/S-4 Appendix 4 65 Side Letters of Agreement Health Insurance and Consolidation Bonus 66 1991 Furlough 67 "Civilianization" 68 4 and 3 Work Schedule 69 Appendix to Article 28 - Transfers 70 Article 36 - Joint Labor/Management Committee 71 Article 37 - Drug Testing 72 Article 39 - Early commencement of negotiations 73 Paid Injury

3 Leave 74 Article 6 - Association Business Leave 75 Article 18 - Recall Procedures 76 Article 32 - Clothing Allowance 77 Career Incentive Pay Program 78 Article 13 - Creditable Service in Vacation Computation 79 Article 22 - Step IV of the Grievance Procedure 80 Trooper First Class 81 Article 35 - General Order ADM-28 82 Article 8, Section 1D 84 Article 30, Section B(2) - Paid Details 85 ii 1 MEMORANDUM OF AGREEMENT By and Between STATE POLICE ASSOCIATION OF MASSACHUSETTS - and COMMONWEALTH OF MASSACHUSETTS PREAMBLE A. This Memorandum of Agreement ( Agreement ), represents the results of collective bargaining conducted pursuant to and to by and between the State Police Association of MASSACHUSETTS ( Association ), the certified, exclusive representative of the bargaining unit as established by for employees of the Department of State Police, and the COMMONWEALTH of MASSACHUSETTS , acting through the Secretary for Administration, and his/her Human Resources Division ( COMMONWEALTH or Employer ).

4 B. Upon ratification of this Agreement by the bargaining unit represented by the Association, and upon execution of this Agreement by the authorized representatives of the Association and of the COMMONWEALTH , all terms and provisions of this Agreement, unless otherwise explicitly stated in this Agreement, shall be deemed to be effective as of January 1, 2000, and shall carry a duration pursuant to the provisions of Article 39 of this Agreement. 2 ARTICLE 1 RECOGNITION AND UNIT JURISDICTION Section 1. The COMMONWEALTH recognizes the Association as the exclusive collective bargaining representative for employees of the COMMONWEALTH in the bargaining unit described below in Section 2.

5 It is understood that the Human Resources Division (HRD), has been designated by the Secretary for Administration to represent the COMMONWEALTH in collective bargaining and that all collective bargaining on behalf of the COMMONWEALTH shall be conducted solely by the HRD. Section 2. The bargaining unit consists of all regular full time employees in the titles of State Police Trooper, State Police Trooper First Class and State Police Sergeant, excluding all other personnel employed by the Department of State Police (Bargaining Unit 5A).1 Section 3. The terms "employee" or "employees" as used in this Agreement shall mean all persons employed within the bargaining unit as described in Section 2.

6 Section 4. Bargaining unit work and responsibilities, whether performed by present methods or by newly adopted methods, and any new work or responsibilities related to the current work and responsibilities of the bargaining unit, shall not be assigned to or performed by Department of State Police employees who are not members of the bargaining unit; provided, however, that the foregoing does not preclude the assignment of Sub-station command duty to the unit excluded rank of Lieutenant of the Department of State Police. ARTICLE 2 MANAGERIAL RIGHTS/PRODUCTIVITY Section 1. Except as otherwise limited by an express provision of this Agreement, the Employer shall have the right to exercise complete control and discretion over its organization and technology, including but not limited to, the determination of the standards of services to be provided and standards of productivity and performance of its employees; the establishment and/or revision of personnel evaluation programs; the determination of the methods, means and personnel by which its operations are to be conducted; the determination of the content of job classifications.

7 The appointment, promotion, assignment, direction and transfer of personnel; the suspension demotion, discharge, or any other appropriate action against its employees with just cause; the relief from duty of its employees because of lack of work or for other legitimate reasons; the establishment of reasonable work rules; and the taking of all necessary actions to carry out its mission in emergencies. Section 2. Delivery of services to the public in the most efficient, effective, and productive manner is of paramount importance to the Employer and the Association. Such achievement is recognized to be a goal of both 1 The parties have agreed to the "Unit 5A" designation with the understanding that such designation has neither statutory nor rule making origin, is adopted solely for Employer internal reference, and has no substantive significance.

8 3parties as they perform their respective roles and meet their responsibilities. Section 3. Any prior Collective Bargaining Agreement covering employees in this bargaining unit shall be terminated upon the effective date of this Agreement and shall be superseded by this Agreement. ARTICLE 3 RULES AND REGULATIONS If this Agreement contains a conflict between matters covered by this Agreement and the Rules and Regulations of the MASSACHUSETTS Department of State Police the terms of this Agreement shall prevail. ARTICLE 4 EXCLUSIVE DUES CHECK-OFF Section 1. The Association shall have the right to exclusive check-off of union dues. Section 2.

9 An employee may give written authorization to the Employer for the deduction of monthly Association dues from his/her wages, and for the transmittal of such dues to the Association. Dues deduction authorizations shall be on a form acceptable to the Employer and shall be signed by the employee. An employee may withdraw his/her dues deduction authorization by giving sixty (60) days or more advance written notice to the Colonel2. Section 3. Dues deduction, in accordance with this Article, shall be transmitted to the Treasurer of the Association, together with a list of employees from whose wages such dues were deducted, provided the Treasurer of the Association has given a bond to the Association for the faithful performance of his/her duties.

10 Such bond shall be in an amount and with such surety or securities as are satisfactory to the State Treasurer and in a form approved by the Department of Revenue. ARTICLE 5 AGENCY FEE Section 1. Each employee who elects not to join or maintain membership in the Association shall be required to pay as a condition of employment, beginning thirty (30) days following the commencement of his/her employment, a service fee to the Association in an amount that is proportionately commensurate with the cost of collective bargaining and contract administration, but not to exceed the amount of periodic dues paid by employees who are members of the Association.