Contract Notes for Sgt Exam PDF

**[ARTICLE 3 - REPRESENTATION]** 3.1 The City shall allow four (4) members of the Association to be released from work at full pay for purposes of negotiations, grievances or other matters with City representatives. However, this shall not cover Association related activities, including but not lim...

**[ARTICLE 3 - REPRESENTATION]** 3.1 The City shall allow four (4) members of the Association to be released from work at full pay for purposes of negotiations, grievances or other matters with City representatives. However, this shall not cover Association related activities, including but not limited to, preparation for the above-referenced purposes and preparation for grievance or 312 Arbitration, MERC, or the Courts. No shift adjustment shall be made as a result of negotiations or other meetings with the City for Association representatives meeting on their own time without approval of the City Manager or Chief of Police. 3.2 The Association shall have the right to examine time sheets and other records pertaining to the computation of compensation of any officer whose pay is in dispute or any other records 1 City of Sterling Heights/MAP July 1, 2024 - June 30, 2027 of the City pertaining to a specific grievance, at reasonable times, at the discretion of the Employer. 3.3 Authorized representatives of MAP shall be permitted to visit the operation of the Employer during working hours to talk with officers in the Association, and/or representatives of the Employer concerning matters covered by this Agreement, without interfering with the progress of the work force. 3.4 A MAP representative shall be part of the Bargaining Committee. **[ARTICLE 4 - GRIEVANCE PROCEDURE]** 4.1 A grievance is defined as a difference, dispute or complaint between the City and the Association as to the application or interpretation of this Agreement, which includes all department rules and regulations, and it is mutually agreed that grievances shall only be allowed on items contained in this Agreement, during the life of this Agreement. 4.2 Every officer in the Association shall have the right to present grievances in accordance with the procedure herein. 4.3 While the Association represents probationary officers, the parties mutually agree that probationary officers may be dropped, discharged, fired or suspended during the probationary period without recourse to the grievance procedure. 4.4 The parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to and an earnest effort shall be made to promptly resolve grievances in accordance with the procedure provided herein. Resolution at the lowest possible level of supervision is encouraged. 4.5 Grievances shall be filed in writing within ten (10) days of the event, occurrence, or reasonable knowledge of the facts giving rise to the grievance. Once filed, the time limits may be extended upon mutual agreement, in writing, by the Association and the City. For purposes of this article, all time periods shall be calendar days. 4.6 Election of Remedies. When the same remedies are available for a dispute which arises under this Agreement under the grievance procedure which are available under any administrative or statutory scheme or procedure such as, but not limited to, a veteran\'s preference hearing, civil rights hearing or Department of Labor hearing, and the officer elects to utilize the statutory or administrative remedy, the Association and the officer shall not process the complaint through the grievance procedure provided for in this Agreement. Nothing herein shall be construed to eliminate the right of an officer or the Association to apply to the Comis to compel compliance with terms of this Agreement by request for injunctive or other relief. Nor shall this article be construed to bar grievances which seek relief not within the jurisdiction or not available in the above other forums. 4.7 Grievances shall be processed according to the following steps: - STEP 1 - Verbal (Immediate Supervisor). Officers who believe they have a grievance may discuss their complaint with their immediate supervisor, with or without the presence of their representative. The parties shall discuss the grievance in a friendly manner and shall make every effort to reach a satisfactory settlement at this point. Officers shall have the right to discuss the complaint with their representative before any discussion takes place with the supervisor. The supervisor shall make arrangements for the officer to be off the job for a reasonable period of time in order to discuss the complaint with their representative. The immediate supervisor shall give a verbal answer within twenty-four (24) hours. - STEP 2 - Written (Immediate Supervisor). If the matter is not satisfactorily settled by oral discussion at Step 1, a grievance may be submitted in written form by the representative to the appropriate immediate supervisor. The supervisor shall sign, date and time stamp the grievance form RECEIVED. The written grievance shall set forth the nature of the grievance, the date of the matter complained of, the name(s) of the officer(s) involved, so far as diligent effort will allow, and the provisions of this Agreement, if any, that the grievant officer claims have been violated. The immediate supervisor shall discuss the grievance with the representative and the grievant officer within five (5) days of his receipt of the grievance and render a written answer to the representative within five (5) days of such discussion. The written answer shall outline in detail the basis or reason such decision was arrived at. Any documentation, orders or rules and regulations shall be attached. - STEP 3 - Chief. If the matter is not satisfactorily settled at Step 2, the grievance may be referred to the Chief. The Chief or his designated representative shall sign, date and time stamp the grievance form RECEIVED. The Chief or his designated representative shall hold a meeting with Association Executive Board officers within seven (7) days after referral to this step to discuss the grievance. If not satisfactorily adjusted at this meeting, the Chief or his designated representative shall give his written answer within seven (7) days of the meeting. - STEP 4 - City Manager. If not satisfactorily settled at Step 3, the grievance may be referred to the City Manager. A meeting between the City Manager and/or his designated representative(s) and Association Executive Board officers shall be held within seven (7) days after referral to the City Manager to discuss the grievance. If not satisfactorily adjusted at this meeting, the City Manager or his designated representative shall give a written answer within fourteen (14) days of the meeting. - STEP 5 - Arbitration. Any unresolved grievance, having been processed through Step 4 of the grievance procedure, may be submitted to arbitration by either party (City or Association) in accordance with this Article. Arbitration shall be invoked by written notice to the other party of demand to arbitrate. The notice to arbitrate shall include names of suggested arbitrators. In the event the parties cannot agree upon an arbitrator within ten (10) days, the grieving party shall submit the Grievance to the Michigan Employment Relations Commission (MERC), for a list of seven names for selection of an impartial arbitrator in accordance with MERC\'s applicable rules. The American Arbitration Association Labor Arbitration Rules will be utilized by the parties, for the arbitration hearing. Pre-Arbitration. Upon request, the parties agree to provide the other party with any and all documents relevant to the grievance in advance of the arbitration. It is further agreed that the Association will present its case first in cases regarding contract violations; and that in cases of discipline and rates for new positions, that the City shall present its case first. 4.8 The arbitrator shall limit his decision strictly to the interpretation or enforcement of this Agreement, and shall have no authority to: A. Require the City to purchase buildings, equipment or material. B. Add to, subtract from, alter or modify any of the terms of this Agreement. C. Grant a wage increase or decrease, except in cases of arbitration of new positions established by the City between contract periods. D. Substitute his discretion for the City\'s discretion in cases where the City has been given discretion by this Agreement. E. Decide any question, which under this Agreement is within the responsibility of the Employer to decide. In rendering decisions, the arbitrator shall have due regard to the responsibility of the Employer and shall so construe this Agreement that there would be no interference with such responsibilities except as it may be specifically limited by this Agreement. F. Grant any relief for any period of time whatsoever prior to the execution date of this Agreement. This shall not be the case, however, with regard to grievances over wages, hours or other terms of conditions of employment, which were timely filed prior to the execution date of this Agreement. G. Require the City to delegate, alienate or relinquish any powers, duties, responsibilities, obligations or discretion which by State law or City Charter, the City cannot delegate, alienate or relinquish. 4.9 The decision of the arbitrator in a case shall not require a retroactive wage adjustment in another case, except by express agreement of the parties. 4.10 The decision of the arbitrator shall be final and binding upon the City, the Association and the grievant officer, and there shall be no appeal of the arbitrator\'s decision if made in accordance within the jurisdiction and authority of this Agreement. 4.11 The right of either party to demand arbitration over an unadjusted grievance is limited to a period of thirty (30) days from the final action taken on such grievance under Step 4 of the grievance procedure, and any grievance not submitted within such period, shall be deemed dropped. 4.12 In the event a case is arbitrated and the arbitrator finds there is no power to rule on such a case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 4.13 The expenses of the arbitrator shall be borne by the losing party. If the arbitrator is unable to determine the losing party, then the expenses of the arbitrator shall be shared equally by the City and the Association. 4.14 The City and the Association shall individually make arrangements for, and pay the expense of their respective witnesses. 4.15 The grievant, Association representatives and any other City of Sterling Heights employee witnesses testifying before such proceedings shall not lose pay for the time off the job during arbitration proceedings. 4.16 All records, reports, and other information pe1iaining to a grievance proceeding, shall be made available within ten (10) days from written request. Requests for information from the City shall be directed to the City Manager. 4.17 Grievances affecting more than one (1) officer may be treated as group grievances and entered at Step 3 of the grievance procedure by the Association. 4.18 In instances where the subject matter of the grievance lies within the jurisdiction of specific City agencies, e.g., Payroll, etc., the grievance steps may be reduced in order to bring the grievance to the agency\'s immediate attention for a recommendation as to the action to be taken at Step 3. 4.19 Any unanswered or unresolved grievance automatically progresses to the next step and the City Manager is to be notified by the Association. 4.20 All settlements or agreements between the Association/MAP and the City shall be in writing signed by the Association/MAP and the City. **[ARTICLE 7 - ASSOCIATION RIGHTS]** 7.1 Officers of the Association shall not be required to do work for another Employer. 7.2 The Employer agrees that it will not replace officers in the Association or require other persons, other than officers in the Association, to perform work which is recognized as the work of officers in the Association, except in temporary situations, training or cases of emergencies. 7.3 The Employer agrees not to enter into any agreement with another labor organization during the life of this Agreement with respect to the officers covered by this Agreement or contract with officers in the Association, individually or collectively, which in any way affect wages, hours or working conditions of officers covered by this Agreement. This is not to be construed to include the normal personnel actions as made by the Civil Service Commission such as recruitment, promotion or classification due to changes in organizational functions. 7.4 Bulletin Boards. The Employer shall provide a bulletin board in the Police Department for use by the Association. All notices shall be signed by a representative. 7.5 Officers, (including discharged officers), may see their personnel file and may also receive copies of anything describing their employment record\--favorable and/or unfavorable. 7.6 A photo copy of the above information may be obtained. The Employer may charge after one (1) free copy of the file has been furnished. **[ARTICLE 8-DISCIPLINE]** 8.1 The Employer shall not discipline officers without just cause. 8.2 The parties agree that officers shall have the rights guaranteed under the Weingarten Decision. 8.3 The Employer agrees that before officers can be disciplined by other than verbal reprimand: A. Written charges must be served upon the officer to be disciplined within ninety (90) calendar days of the infraction or within ninety (90) calendar days of when the Employer had knowledge of the infraction. B. The Association must be served with the written charges within ninety-five (95) calendar days of the infraction or when the Employer had knowledge of the infraction. C. The Association will be notified of any discipline given other than verbal reprimands. 8.4 Officers will have four (4) calendar days to respond in writing to written questions from supervision regarding any incident that the officer feels could result in disciplinary action. This is not to be interpreted to apply to the General Incident Report (G.I.R.) or supplements to the G.I.R. that officers are required to submit. 8.5 Seniority officers aggrieved by disciplinary action, may seek relief through the grievance procedure as outlined in Article 4 of this Agreement by going immediately to Step 3 (Chief). 8.6 If an officer or the Association grieves the discipline, the Chief shall release to the Association any and all write-ups, statements, investigations and reports relating to this specific discipline. The above information shall be given to the Association before or at the very latest at the time of the grievance meeting at Step 3 (Chief). 8.7 Removal of Discipline. Documentation of discipline shall be removed from all Employer files from date of infraction: A. One year for incidents or infractions not involving loss of time or wages. B. Three (3) years for incidents or infractions involving loss of time or wages equaling three (3) days or less. C. Five (5) years for incidents or infractions involving a loss of time or wages greater than three (3) days. **[ARTICLE 9 - PROBATION]** 9.1 Probationary Officers. All probationary officers shall serve a minimum one (1) year probationary period from their date of hire. If a probationary officer is absent for work for any reason for more than fifteen (15) regular patrol working days during the one-year probationary period, the probationary period will be automatically extended by the total number of regular patrol working days that the probationary officer was absent during the one-year probationary period. 9.2 After a probationary officer successfully completes the probationary period, the officer shall be placed upon the seniority list gaining seniority from date of hire as a Police Officer. 9.3 Promotion to Sergeant. No promotion to Sergeant shall be deemed pe1manent until after the successful completion of the one (1) year probationary period. At any time during the probationary period, probationary sergeants may be returned to their previous rank for cause in a similar manner as provided for in Act 78. If at the close of the probationary term, the conduct or capacity of the probationary sergeant has not been satisfactory to the Employer, the probationary sergeant shall be notified within ten (10) days in writing that they will not receive permanent appointment. There shall be no loss in seniority as a result of such action. **[ARTICLE 10 - SENIORITY]** 10.1 Seniority is the giving of a privileged status to officers who have attained continuous service with the Department. A \"seniority officer\" is defined as an officer who has successfully completed the probationary period. 10.2 Seniority rights shall not apply to probationary officers. 10.3 The Employer shall post a seniority list when changes are made to the list. 10.4 Loss of Seniority. Officers shall lose seniority only for the following reasons: - A. Discharge. - B. Voluntary Quit. - C. Layoff for a period of over two (2) years. City of Sterling Heights/MAP July 1, 2024 - June 30, 2027 - D. Absent for three (3) or more consecutive working days without notifying the Employer. - E. After being recalled from layoff and not reporting within seven (7) days. - F. At sole discretion of the Employer, items \"D\" and \"E\" above may be waived. 10.5 The criteria to determine seniority shall be based on date of hire. When conflicts arise as to identical dates of hire, the officer\'s placement on the Civil Service eligibility list shall be the criteria used to determine seniority. Seniority rights shall conform to contract language and shall also include the following: A. Officers shall continue to accrue seniority while on duty disability and/or duty disability pension. B. Officers on non-duty disability shall accrue seniority up to two (2) years while on non-duty disability leave. C. Officers returning to work from layoff, duty disability leave and/or duty disability pension, and non-duty disability shall not be on probation. 10.6 Seniority preference shall apply as indicated in the selection of: - Shift Assignment. - B. Scheduled Leave Days (SLD\'s). - C. Vacation Time (V AC). - D. Compensatory Time (CMT). - E. Personal Leave Time (PT). - F. Assignment of Overtime. Equalized overtime prevails except under emergency conditions. 10.7 Criteria by Seniority Preferences. Shift Selection: - 1\. All personnel assignments shall be made by the Employer. - 2\. Officers shall be allowed to indicate their preference, by seniority, the shift on which they prefer to work, and their SLD\'s, once manpower allocations have been set by the Employer. No overtime will be paid to an officer for participating in the shift selection process. If necessary, the Police Chief may request that the Union Executive Board assist in contacting Union members for shift selection purposes. - 3\. The selections shall begin each March 1st and September 1st, and end the last day of March and September. Upon completion of the shift selection process, there shall be a posting of new shift rosters. The effective date of transfer will always be the first day of the second pay period of each April and October. - 4\. Once a selection preference is granted, officers will remain on that shift until transferred or until the next shift selection period. B. Exchange of SLD\'s. Upon written notification of any on-duty shift commander, officers may exchange SLD\'s within the same pay period as long as this does not cause overtime. C. Vacations. - At the beginning of the six (6) month shift period, a vacation list will be supplied to all officers of that shift. This list will be maintained by the Shift Commander. - 2\. Officers will have the option of selecting their vacation in blocks of not less than one (1) week. This selection will be accomplished within ten (10) working days of the start of the second pay period of each April and October. Once vacation blocks are selected, officers must take their time off unless an emergency arises. Any vacation changes are subject to the approval of the Shift Commander. - 3\. The shift vacation list has priority over single vacation days. Each shift\'s vacation list shall be posted. - 4\. In case of transfers within the six (6) month period, officers transferred will be entitled to vacation time as originally approved and scheduled except in cases of extenuating circumstances. - 5\. On single vacation days, requests must be submitted at least two (2) weeks prior to the requested date in order to exert seniority rights. The Shift Commander may waive the two (2) week rule at his discretion. D. Leave Time. - Vacation time, compensatory time and personal leave time must be approved in advance by the Shift Commander. - 2\. Under no circumstances will leave time be approved if officers have insufficient time in their accounts. - 3\. Should manpower needs drop below the shift\'s normal staffing requirements to serve the public or provide mutual protection to the officers, leave time may be canceled or denied at the discretion of the Shift Commander. - 4\. Leave time may be taken in one (1) hour increments. 10.8 When An Officer Is Transferred: A. Job openings will be posted for ten (10) days, from each February 18th and August 22nd. Officers being transferred from their present assignments shall be notified, in writing, by the Division Commander by each February 13th and August 22nd. B. Department-Initiated Transfer. Seniority shall be honored with respect to the above and following sections. Transferred officers have the right to bump. C. Self-Initiated Transfer. When an officer requests an immediate transfer, the officer making the request will accept the shift and SLD\'s of the officer replaced. Once a selection is granted, the officer shall remain with the shift and SLD\'s for the duration of the selected shift period. Any changes must be approved by the Division Commander prior to the change. D. Transfers at any time for hardship or personal reasons may be requested and may be granted by the Chief of Police. 1. Officers being granted an immediate transfer shall accept the shift and SLD\'s of the officer replaced. 2. If the immediate transfer does not cause an officer to be replaced, the requesting officer shall have SLD\'s on the new shift according to seniority. E. Transfers that are necessitated by budget restrictions, creation of new bureaus, promotions, terminations or retirements may be made at any time to ensure the smooth operation of the Employer, provided the job opening is posted for ten (10) days prior to the transfer. F. Temporary transfers shall not be made for a period over sixty (60) days. G. New officers must serve a minimum of three years (including the probationary period) as a road patrol officer with the Sterling Heights Police Department before requesting or receiving a transfer to a specialty assignment. If no one submits a transfer with three (3) years S.H.P.D. experience, officers with at least three (3) years police experience will be eligible. If no requests are submitted, the position will be open to the police officers not on probation. 10.9 Setting of SLD\'s. Prior to shift selection, the Division Commander will establish an SLD master schedule, that will clearly indicate in an appropriate format which days are available, which days are not available, with all POA and COA selections clearly visible. **[ARTICLE 17 - HOURS OF WORK]** 17.1 Normal Working Hours. The normal working hours shall consist of eighty-four (84) hours per pay period for officers assigned to the Patrol Bureau and eighty (80) hours per pay period for all other officers; however, Patrol Bureau K-9 Unit officers\' normal working hours shall consist of seventy-two (72) hours per pay period with an additional eight (8) hours pay per pay period for Fair Labor Standards Act Compliance. Comfort K-9 officers shall work seventy-three (73) hours per pay period with an additional seven (7) hours pay per pay period for Fair Labor Standards Act Compliance. Officers working eight (8) hour shifts will report in not later than fifteen (15) minutes prior to shift start (Roll Call). This fifteen (15) minutes shall be paid at time and one-half (1-1/2). Officers working ten (10) hour or twelve (12) hour shifts shall not be required to report fifteen (15) minutes prior to shift for roll call. 17.2 Workday. A. The normal workday for Officers assigned to the Patrol Bureau is twelve (12) hours, except for Patrol Bureau K-9 Officers, whose normal workday is ten (10) hours. The normal workday for all other Officers is either ten (10) hours or eight (8) hours, depending on assignment. B. An Officer assigned to and attending any training shall be considered to have completed a full workday on the day of training if: - The Officer\'s normal workday is eight (8) hours and the training session, inclusive of travel time, exceeds five (5) hours or more; or, - The Officer\'s no1mal workday is ten (10) hours and the training session, inclusive of travel time, exceeds six (6) hours or more; or, - The Officer\'s normal workday is twelve (12) hours and the training session, inclusive of travel time, exceeds seven (7) hours or more. **[ARTICLE 18 - OVERTIME/COMPENSATORY TIME]** 18.1 Except as provided in Subsection 18.1.B, overtime pay shall be one and one-half (1.5) times the hourly rate for all hours worked in excess of forty (40) hours in one (1) week, and/or beyond the normal shift in any one (1) workday. For Officers assigned to the Patrol Bureau and whose normal workday is twelve (12) hours, overtime pay shall be one and one-half (1.5) times the hourly rate for all hours worked in excess of eighty-four (84) hours in the pay period, and/or beyond the normal shift (i.e., twelve (1 2) hours) in any one (1) workday. 18.2 Overtime work shall be authorized by a supervisor. 18.3 Anytime the Employer decides that unscheduled overtime is needed or required to perform a job usually done by an officer, that overtime shall be first offered and made available to officers regardless of bureau assignments. 18.4 Training. Officers with approved leave time shall not be required to attend scheduled training programs. Those officers on SLD\'s will report for training and be paid overtime for attending training except when participating in the department-wide forty (40) hour training block program. 18.5 Choice of Time or Pay. Officers have the choice of compensatory time or pay for ove1iime worked. Officers are to designate their choice at the time the ove1iime work is actually earned. 18.6 Compensatory time is earned by officers at the overtime pay rate. 18.7 The accumulated unused compensatory time for officers shall be computed by the City as of the last day of the first pay period in June of each year, based upon the current rate of pay, and will be paid to officers by June 30. However, at the officer\'s option, he or she may elect to cany over into the next fiscal year up to twenty (20) hours of compensat01y time in their compensatory bank. 18.8 Request For Compensatory Time Pay. Officers may request payment for any and/or all accumulated compensatory time before the l 51 h of the month. Payment will be made as soon as reasonably possible. 18.9 Overtime will be paid to officers on an hour for hour basis when they must report to a doctor of the Employer\'s choice for treatment of a duty related illness/injury before or after their regular work hours. Officers shall not be eligible for the three (3) hour minimum call-in provision. All efforts shall be made to schedule treatment during regular work hours. 18.10 A. B. C. The use of compensatory time off shall be granted as long as it does not unduly disrupt the operations of the police department to protect the public. Payment of overtime that may be caused by the granting of compensatory time shall not be considered an undue disruption. As long as all time constraints are exhausted pursuant to this Agreement and the Supervisor in charge of filling the requested spot(s) has made a reasonable effort to do so in accordance with departmental policy and past practice, compensato1y time can be denied as an \"undue disruption\" because of a lack of manpower issue which would degrade the public\'s safety and officer\'s safety. When a use of compensatory time request is denied, the Union shall upon request receive documentation relied upon by the City in support of the denial. 18.11 Straight Time/Compensatory Time Rules for Eighty-Four (84) Hour Pay Period. Officers assigned to the Patrol Bureau working eighty-four (84) hours per pay period shall have the four ( 4) additional hours per pay period paid out at straight time. Alternatively, Officers assigned to the Patrol Bureau may elect to have the four (4) additional hours per pay period credited to separate compensatory time bank to be used subject to the requirements of subsection 18.10 of this Article. The accumulated unused compensatory time in the Officers\' separate time banks is payable once per year as follows: the City shall compute the accumulated unused compensatory time as of the last day of the first pay period in June of each year, based upon the current rate of pay, and paid out to Officers by June 30. The election to forego having the four (4) additional hours per pay period paid out at straight time and instead credited to a separate compensatory time bank shall be made once eve1y six (6) months and coincide with Officers\' shift selection conducted in accordance with Article 10, subsection 10.7 A. **[ARTICLE 19 - DISTRIBUTION OF OVERTIME]** 19.1 The Employer will make every reasonable attempt to fairly distribute scheduled overtime under the following conditions: for the purpose of this article, scheduled overtime is any event the Department has had at least seventy-two (72) hours advance notice. 19.2 Seniority officers who are able to report for full duty shall be eligible for scheduled overtime. 19.3 Only those officers who volunteer and sign-up for scheduled overtime shall be eligible, except as set forth in Section 19.6. The officer with the least amount of scheduled overtime hours will be given the assignment. 19.4 Scheduled ove1iime details shall be posted ten (10) days ahead of when needed, when possible, along with a description of said detail and an estimate of the number of hours to be worked. 19.5 Scheduled overtime will be worked by officers that are assigned to the bureau or division where the scheduled ove1iime occurs. Example: Investigations will work Investigations overtime; Narcotics, Narcotics ove1iime; Crime Prevention, Crime Prevention overtime; Evidence Technicians, Evidence Technician overtime. All officers, regardless of their assigned bureau or division, shall work overtime related to school athletics, parades, auctions, election details and other special events where uniform officers are needed; provided, however, that an officer working special event scheduled overtime com lies with the dress and grooming standards applicable for uniformed officers. 19.6 Should not enough officers sign up for the scheduled overtime, the Shift Commander shall assign such overtime to the lowest seniority officer available. 19.7 Scheduled overtime accounts shall be posted hour for hour and kept up-to-date by the Employer for six month periods to coincide with the shift selections. 19.8 In case of officers being equal in the amount of scheduled overtime hours, seniority shall prevail. 19.9 A grievance resulting in the finding of a violation of this Article by the Employer shall be remedied only by granting the grievant officer the next opportunity for scheduled ove1iime in an equal or greater amount, and not entitle them to pay for time not worked, except in the event of a third such finding as to the decision/action of a single supervisor, in which case the grievant officer would be entitled, if they prevail in their grievance, to pay as a remedy. 19.10 Any officer participating in, but not contributing to, the Sterling Heights Police/Fire Act 345 Pension System under Section 35.2 shall be moved to the bottom of the shift level seniority list for all non-equalized overtime, i.e., call-in/holdover. The protocol will be used until the overtime slot is filled. In the event that no officer volunteers for the ove1iime, the spot will be filled by the lowest seniority officer currently working. Example: An officer is needed on overtime due to a sick call-in. The first officer called to fill the slot would be the senior officer assigned to the shift, not currently working and not enrolled in the EROP. If no member is located under the listed provision, EROP participants by seniority would then be eligible for the overtime. **[ARTICLE 20 - CALL-IN AND COURT TIME]** 20.1 An officer whose appearance is required in Court, after he/she has reported off duty and before his/her next tour of duty, by virtue of his/her duties shall be paid for all ove1time at the rate of one and one-half times his/her hourly rate. An employee who is required to report to Court after he/she has reported off duty and before his/her next tour of duty shall be guaranteed a minimum of three (3) hours credit at time and one-half times the base rate of pay for such call-in. However, if an officer is required to appear in Court for two separate cases within the same three (3) hour period, he/she shall be paid for only the minimum three (3) hour period, unless those appearances are in courts situated in different municipalities. 20.2 Officers compelled to appear for court proceedings under Section 20.1 by subpoena and directed by the prosecuting attorney\'s office or a party issuing the subpoena to be on \"standby status\" will be compensated for 2 hours of court time at time and one- half times the base pay rate of pay. \"Standby status\" as herein defined will apply only to the date stated in the subpoena, unless extended by the party issuing the subpoena. The officer must remain available to appear at the appointed court time. In no case will an officer be paid for both standby status and a court appearance for the same court proceeding on the same workday, unless an Officer is required to appear for the same court proceeding outside of the two (2) hour standby window. 20.3 Any call-in/court-time overtime pay situations that exceed the minimum three (3) hours shall require approval of a supervisor. The City shall not be liable for ove1time worked beyond the three (3) hour minimum guarantee without supervisory approval. Approval shall not be unreasonably withheld. 20.4 Work on all standing committees which occurs outside an officer\'s normal work shift and mandatory meetings for officers participating in the FTO program outside an officer\'s normal work shift shall entitle the officer to the three (3) hour minimum pay. 20.5 Court time shall not be paid to officers who report to court when they are off work due to a duty related illness/injury and who are receiving full pay. **[ARTICLE 21 - DISTRIBUTION OF LABOR AGREEMENT]** 21.1 The City agrees to produce two hundred (200) copies of this Agreement for use by the Association. **[ARTICLE 22 - VACATION TIME]** 22.4 No probationary officers shall be eligible to take vacation time until they have completed their probationary period, unless approved by the Chief. 22.6 Officers shall submit vacation requests at least forty-eight (48) hours prior to the time requested. The forty-eight (48) hours may be waived by the Shift Commander. **[ARTICLE 25 - SICK LEAVE]** 25.3 If reported before the start of shift, sick leave shall be available for use by officers in units of four (4) hours or more. If taken after the start of a shift, sick leave shall be equal to the actual time taken rounded to the next highest whole hour. For doctor and dental appointments, officers may utilize sick leave in one (1) hour increments based upon the following criteria: 24 City of Sterling Heights/MAP July 1, 2024 - June 30, 2027 A. Officers must request sick leave in advance, indicating on the leave request form, the doctor\'s name and address. B. Officers, if requested by the Employer, will be required to provide Employer with a receipt from the doctor. 25.4 Sick leave shall be available for use by officers for the following purposes: A. Acute personal illness or incapacity over which the officer has no reasonable control. B. Absence from work because of exposure to contagious disease which, according to public health standards, would constitute danger to health of others by the officer\'s attendance at work. C. To act as a responsible caregiver for a member of the officer\'s immediate family. **[ARTICLE 28 - BEREAVEMENT LEAVE]** 28.1 Starting with the first work day following the date of death, an officer working a four day/ten-hour shift will receive paid bereavement leave of five (5) consecutive work days (50 hours), an officer working a five-day/eight-hour shift will receive paid bereavement leave of five (5) consecutive work days (40 hours), and an Officer working a twelve-hour shift will receive paid bereavement leave of five (5) consecutive work days (60) hours, for the death of a spouse, son, daughter, mother, father, step-father, step-mother, mother-in-law, father-in-law, step-son, step-daughter and any dependent member of the employee\'s family residing in the officer\'s 10usehold. 28.2 Starting with the first work day following the date of death, an officer working a four day/ten-hour shift will receive paid bereavement leave of three (3) consecutive work days (30 hours), an officer working a five-day/eight-hour shift will receive paid bereavement leave of three (3) consecutive work days (24 hours), and an officer working a twelve-hour shift will receive paid bereavement leave of three (3) consecutive work days (36) hours, for the death of a brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, aunt, uncle, niece, ne hew, grandchildren, grand.12arents, and spouse\'s grandparents. 28.3 The paid bereavement leave period provided under Sections 28.1 and 28.2 will be extended one (1) additional consecutive workday if there is a funeral or memorial service scheduled more than 250 miles from Metropolitan Detroit and the officer attends. 28.4 At the officer\'s option, one (1) of the bereavement leave days provided (10 hours, 8 ours, or 12 hours, as applicable) pursuant to Sections 28.1 or 28.2 may be deferred and used to attend a funeral or memorial service that is scheduled after expiration of the bereavement leave period provided. 28.5 For purposes of determining the bereavement leave: A. A Saturday or Sunday falling within the bereavement leave period will not count as a workday unless an officer\'s normal work week includes a Saturday and/or Sunday; B. A holiday falling within the bereavement leave period does not extend the bereavement leave and holiday pay is in lieu of paid bereavement leave; and, C. An officer shall not receive pay for any SLD\'s that fall during the bereavement leave period. **[ARTICLE 39 - MANAGEMENT RIGHTS]** 39.1 The City, on its own behalf and on behalf of its electors, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon it by the State of Michigan and the United States. Further, all rights which ordinarily vest in and are exercised by employers except such as are specifically relinquished herein are reserved to and remain vested in the City, including but without limiting the generality of foregoing the right: - A. To manage its affairs efficiently and economically, including the determination of quantity and quality of services to be rendered, the control of materials, tools and equipment to be used and the discontinuance of any services, material or methods of operation. - B. To introduce new equipment, methods, machinery or processes, change or eliminate existing equipment and institute technological changes, decide on materials, supplies, equipment and tools to be purchased. - C. To subcontract or purchase any or all work, processes or services, or the construction of new facilities or the improvement of existing facilities. - D. To determine the number, location and type of facilities and installations. - E. To determine the size of the work force and increase or decrease its size. - F. To hire, assign and layoff officers to reduce the work week or the workday or effect reductions in hours worked by combining layoffs and reductions in work week or workday. - G. To permit municipal employees not included m the Association to perform Association work in cases of emergency. - H. To direct the work force, assign work and determine the number of officers assigned to operations. - I. To establish, change, combine or discontinue job classifications and prescribe and assign job duties, content and classification subject to Civil Service jurisdiction. - J. To determine lunch, rest periods and cleanup times, the starting time and the quitting time. - K. To establish work schedules. - L. To discipline and discharge officers for cause. - M. To adopt, revise and enforce working rules and carry out cost and general improvement programs. - N. To transfer, assign and reassign officers from one assignment, division or shift to another. - O. To determine the qualifications and competency of officers to perform available work subject to the terms of this Agreement. - P. To deduct from officer\'s paychecks any overpayment officers may have received that they were not entitled to under this Agreement, without the specific written approval of the officer. This will be deducted in amounts equal to the amount of overpayment, over the same amount of time the overpayments were received. - A. Department-Wide 40-Hour Training Block Program. The mandatory department-wide 40-hour training block program shall be defined as training where all members of the Bargaining Unit shall be required to be trained. This includes training such as, but not limited to: self-defense, CPR, firearms, or other training determined by the De2aitment as necessary. the work week for the department-wide 40-hour training block program will consist of Monday through Thursday (unless Monday is a holiday, then the work week would be Tuesday through Friday), four (4) ten (10) hour days, during day shift hours. If these training days fall on an employee\'s scheduled workday, it will be considered the employee\'s workday. If the training day falls on a SLD, the officer shall select an adjusted leave day. Officers who work a five (5) day, eight (8) hour shift work week will work a four (4) day, ten (10) hour shift that work week. Assignment to 40-hour blocks shall be conducted pursuant to Department policy. The City has the right to adjust the pre-selected 40-hour training block\' assignments based on extenuating circumstances and unplanned absences. - B. Other Mandatory Training. Other mandatory training may include a training program that all Patrol Officers attend, or all persons of a particular rank, and/or a program that all personnel in a certain Bureau or Division attend, not necessarily on the same date. The City has the right to adjust the hours of an employee for other mandato1y training. Employees may be required to adjust their work hours for the particular days of training, but they shall not be required to adjust their scheduled leave days. Thus, for other mandatory training that goes beyond the normal scheduled workday, employees shall be compensated for excess hours in either overtime pay or compensatory time and those employees trained on their scheduled leave days shall be compensated in either overtime pay or compensatory time for all hours of other mandatory training.