North Las Vegas Police Supervisors CBA 2021-2024 PDF

# SUPERVISOR AGREEMENT 2021 - 2024 ## BETWEEN THE CITY OF NORTH LAS VEGAS, NEVADA ## AND THE NORTH LAS VEGAS POLICE SUPERVISORS ASSOCIATION ## PREAMBLE This Agreement is made pursuant to the Local Government Employee-Management Relations Act by and between the City of North Las Vegas, Nevada, a...

# SUPERVISOR AGREEMENT 2021 - 2024 ## BETWEEN THE CITY OF NORTH LAS VEGAS, NEVADA ## AND THE NORTH LAS VEGAS POLICE SUPERVISORS ASSOCIATION ## PREAMBLE This Agreement is made pursuant to the Local Government Employee-Management Relations Act by and between the City of North Las Vegas, Nevada, a local government employer, hereinafter referred to as "CITY" and the North Las Vegas Police Supervisors Association, a local government employee organization, hereinafter referred to as "Association". ## GENDER, NUMBER, AND TENSE In accordance with NRS 0.030, except as otherwise expressly provided in a particular statute or required by the context: - The masculine gender includes the feminine and neuter genders. - The singular number includes the plural number, and the plural includes the singular. - The present tense includes the future tense. - The term "supervisor" refers to a Police or City Marshal Sergeant or Lieutenant. # ARTICLE 1. RECOGNITION ## Section 1. Classifications The City and the Association agree that supervisors within the following classifications are represented by the Association: - Marshal Sergeant - 61P - Police Sergeant - 61P - Police Lieutenant - 65P ## Section 2. Community of Interest It is agreed that the Association shall represent any supervisor, referred to hereafter as "supervisors," within classifications created by the City that are within the Police supervisor Association's community of interest. The City shall make written notification to the Association of any classifications created by the City within fourteen (14) calendar days. Any dispute between the parties as to whether a new classification is within the Association's community of interest may be advanced to the Grievance and Arbitration Procedure. The conditions of employment, other than wages, for any new classifications created within the Association's community of interest shall be governed by the terms of this Agreement. Wage scales for such classifications shall be determined as follows: - Should it be determined a new classification is within the Association's community of interest, the parties shall immediately enter into collective negotiations to arrive at an agreement on the subject of wages for such new classification. - If within ten (10) calendar days after such notice, the parties have not reached a mutual agreement, they shall proceed to the Grievance and Arbitration Procedure. ## Section 3. Right to Work It is the right of every supervisor to join or refrain from joining the Association. ## Section 4. Association Supervisors The Association shall make written notification to the City by December 1st of each year of the current Association supervisors representing supervisors under this Agreement. Any changes shall be evidenced to the City in writing within eight (8) calendar days of the change. ## Section 5. Eligible to Vote Only members in good standing with the Association are eligible to vote on the contents of this Agreement drawn as a result of collective bargaining. ## Section 6. Employment Notification Within eight (8) calendar days, the Human Resources Department shall notify the Association of all new promotions and terminations within the bargaining unit. Such notice shall include the supervisor's name, social security number, address, telephone number and the action taken. At the end of each pay period the Police Department payroll divisions shall provide the Association with a copy of the time sheet of each supervisor who was on a no-pay status in that pay period. ## Section 7. Definitions of Regular Full-time Employees Regular full-time employees work eighty (80) hours per pay period on a regularly scheduled basis and receive benefits (i.e., annual leave, sick leave, etc.). # ARTICLE 2. MANAGEMENT RIGHTS ## Section 1. Retention of Managerial Prerogatives Except as expressly modified or restricted by a specific provision of this Agreement, the management of the City and the direction of the work force includes, but is not limited to: - The services performed - The location of the work force - The schedules and fair standards of supervisor performance - The schedules and hours of shifts - The methods, processes, and means of providing services and materials - The right to hire, promote, demote, and assign or transfer, excluding the right to assign or transfer for discipline except for cause. - Establish reasonable rules of conduct, to discharge or discipline for cause in accordance with Municipal Code 2.68, Rules and Regulations, and to maintain efficiency of supervisors. ## Section 2. Exercise of Rights The City's failure to exercise any right, prerogative, or function hereby reserved to it, or the City's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the City's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this agreement. ## Section 3. Mandatory Subjects of Bargaining The Association acknowledges that in respect to any non-mandatory subjects of bargaining, as defined in NRS 288.150, which are included in this Agreement, the City is not waiving or in any way limiting its rights under NRS 288.150 to refuse to bargain over non-mandatory subjects during these or in future negotiations of this Agreement. # ARTICLE 3. ASSOCIATION-MANAGEMENT COOPERATION ## Section 1. Discrimination Neither the City nor the Association shall discriminate against any supervisor covered by this Agreement in a manner which would violate any state or federal anti-discrimination laws. ## Section 2. Prohibited Practices The City shall not: - Interfere, restrain or coerce any supervisor in the exercise of lawful Association activity. - Discriminate, interfere or assist in the formation or administration of the Association. - Discriminate in regard to hiring, tenure, or any term or condition of employment to encourage or discourage membership in the Association. - Discharge or otherwise discriminate against any supervisor because of Association membership or because the supervisor exercises lawful rights as an Association member. # ARTICLE 4. ASSOCIATION AFFAIRS ## Section 1. Association Supervisor's Time For the purpose of representation of members within the bargaining unit, the Association shall be allowed one thousand (1000) hours for fiscal years 2021/2022, 2022/2023, and 2023/2024 for the President or designee, to conduct authorized association business (representations, grievances, conventions, conferences, seminars etc.). Should the amount of hours exceed the 1000-hour limit during the fiscal year, the President or designee, shall be required to utilize annual leave banks for authorized association business until the beginning of the next fiscal year. Absent demonstration of exigent circumstances, the Association agrees to provide the Chief of Police or designee, three (3) business days' notice when submitting union time requests. The Association agrees to not exceed 3 individual requests for union time hours at one time, under normal circumstances, and no two association supervisors from the same shift of the Department unless authorized by the Captain of the affected Division. All union leave time will be approved by the Chief of Police or designee. However, the City is under no obligation to pay supervisors for time spent conducting Association business when they are not scheduled to work. Every effort shall be made to schedule grievance meetings and hearings during regular work hours. ## Section 2. Permission to Conduct Association Business Association supervisors must ask their supervisors for permission to leave their jobs to conduct Association affairs, and such permission shall be granted subject to available personnel. Association Board members will submit a Departmental leave request form whenever using union leave time for union activities performed during on-duty hours. Supervisors will make every effort to allow Association supervisors the time to attend Board Meetings and scheduled Association Meetings. ## Section 3. Receive Grievances Association supervisors may receive and discuss, but not solicit, complaints and grievances of Association Members on the premises and time of the City. Such time spent shall not interfere with the work and duties for the City of either the Association supervisors or the Association Member(s). Only those Association supervisors and the Association Member(s) involved in a hearing, investigation or grievance shall be granted time off for all meetings without loss of pay or any accrued leave. Such meetings shall be set at a time mutually agreeable with the City and the Association. ## Section 4. Negotiating Committee The Negotiating Committee shall consist of an adequate number of active members of the Association. Their attendance at negotiation sessions and preparation shall be without loss of pay or any accrued leave. If for any reason, additional supervisors are needed for informational purposes, upon agreement by the joint bargaining committee, said supervisor will be called into the meeting without loss of pay. The joint committee shall determine what expertise is necessary. The City shall not be obligated to pay supervisor representatives for time the supervisor was not scheduled to work. ## Section 5. Office Space The City shall provide the Association with office space. ## Section 6. Parking The City shall provide free parking facilities for duty supervisors. Such facilities shall be separate from public parking as available. # ARTICLE 5. PAYROLL DEDUCTION OF DUES The City agrees to deduct from the wages of each Association member, upon the written request of the member, the sum certified as bi-weekly Association dues and deposit such deductions to the bank account of the Association no later than seven (7) days after the end of a pay period. The bank shall be designated by the Treasurer of the Association. No later than seven (7) days after the end of a pay period the City shall provide to the Association a detailed written accounting of dues deductions and deposits. This authorization for payroll deduction of dues shall remain in full force and effect unless the member subsequently requests in writing the withdrawal of the original authorization. # ARTICLE 6. HOURS OF WORK AND OVERTIME ## Section 1. Workday A normal workday shall consist of ten (10) consecutive hours in a day. The normal work week shall consist of any four (4) consecutive ten (10) hour days out of seven. Work schedules shall be made at the sole discretion of the City to suit varying conditions. When a supervisor's scheduled work shift or assignment is modified or adjusted under normal conditions, the supervisor shall be provided a minimum of eight (8) hours between shifts or assignments; if eight (8) hours is not granted, the supervisor shall be compensated at one and one-half (112) times their premium rate of pay for all time worked prior to the eight (8) hour minimum requirement. ## Section 2. Commencement of Shifts Shifts shall be generally defined as starting between the following: - Day Shift - Commencing 4:00 A.M. to 12:00 P.M. - Swing Shift - Commencing 12:00 P.M. to 8:00 P.M. - Graveyard Shift - Commencing 8:00 P.M. to 4:00 A.M. ## Section 3. Overtime Overtime is defined as being directed to work longer than a normal shift with notification prior to completion of a shift or receiving more than 12 hours' notice. - When overtime is mandated, the supervisor shall receive one and one-half (1-1/2) times his premium wages for all hours worked in excess of assigned shift in a day and all hours worked in excess of assigned week. - On a designated holiday, should a supervisor be directed to work longer than a normal shift or be recalled to work, the supervisor shall be paid at the rate of two times the supervisor's premium wages for all hours worked in excess of normal shift. - If a supervisor is scheduled to work overtime, that is not concurrent to his normal shift, he shall be paid for a minimum of four (4) hours of overtime at one and one half (112) times his premium rate of pay. If the employee's start of shift is the designated holiday shift (Example: start of graveyard shift on July 3 at 2200 hrs is actually the July 4 graveyard work shift), and if the employee's shift is extended, it will be an extension of shift on the designated holiday, even though the extension may run into a non-holiday day. However, if the start of shift is not the designated holiday and the employee's shift is extended into the actual holiday it will not be the designated holiday shift, for purposes of overtime calculation. (Example: Swing shift starts 1500 hrs on July 3 with the shift ending 0100 hrs July 4. If employee shift is extended after 0100 hrs it is not considered the designated holiday shift and therefore not subject to holiday extension of shift pay.) ## Section 4. Lunch Breaks Lunch breaks shall be one (1) hour of paid time. If the supervisor is not allowed one hour to eat, the supervisor will be compensated for a maximum of one hour or the difference between the time used for lunch and one hour. ## Section 5. Call Out Pay Call out is defined as compensable time earned for returning to duty after a supervisor has completed their regular tour of duty, is off duty, and is requested to return to duty with less than twelve (12) hours notice. When a supervisor is called back to work, the supervisor shall be paid overtime at one and one-half (112) times his premium rate of pay. The supervisor shall be paid for a minimum of four (4) hours regardless of having worked less than four (4) hours, or the supervisor will be paid for the amount of time actually worked over the four (4) hours. However, in the event the period of call back runs into a supervisor's normal tour of duty, such supervisor shall be paid overtime at one and one-half (12) times his premium rate of pay for only those hours worked outside of his normal tour of duty. A supervisor who works less than four (4) hours on the initial call-out and is then called out a second time during the initial two-hour period shall not be entitled to any additional overtime pay unless the aggregate time worked for both occurrences exceeds four (4) hours, in which case the supervisor shall be paid for the aggregate time worked. In the event a supervisor is called out for a second time after the expiration of four (4) hours from the first call-out, the supervisor shall be paid for a minimum of four (4) hours for each call-out except as provided in the previous paragraphs. ## Section 6. Standby Pay Employees required to be on standby status shall be compensated two dollars ($2.00) an hour for every hour of their normal off duty time. This person may be subject to call in and be required to report promptly when called to duty. ## Section 7. Briefing Pay Thirty (30) minutes of briefing pay, at the rate of one and one-half (112) times their premium rate of pay, shall be paid to any supervisor (Sergeant or Lieutenant) assigned to Patrol, Problem Solving Unit (PSU), Traffic and Marshal's Unit who conducts pre-shift briefing and arrives thirty (30) minutes before their subordinates to prepare for briefing. ## Section 8. Time in Lieu Of (TILO) - The purpose of TILO is to allow employees to accumulate and to take TILO time in conjunction with workload peaks and lows rather than be paid at the overtime rate. Employees shall have the option of TILO accumulation rather than overtime pay up to the maximum allowed, with the exception of scheduled overtime or grant funded assignments. - To accumulate TILO, an employee may volunteer to accept TILO rather than overtime pay. TILO will be accumulated at a time and one-half (12) rate for all hours worked beyond an employee's normal work schedule. No employee can be required to take TILO rather than be paid at the overtime rate. No employee may have an accumulated balance of TILO time exceeding sixty (60) hours at the end of any pay period. Employees may not have a deficit TILO time balance. Employees shall be paid for any TILO time in excess of sixty (60) hours. - To use TILO time, an employee must schedule their absence from work with their supervisor in advance of the absence. Such absences will only be scheduled when the workload will allow the employee to be absent. - There will be no cash out of TILO prior to retirement or voluntary separation. Unless time off is denied by management, accumulated TILO must be utilized prior to this type of separation from the Department. At the time of separation from City employment, employees will be compensated for any accumulated and unused TILO time at the employee's premium wages. # ARTICLE 7. WAGES The base wage rate steps set out in the attached Appendix shall be in effect from July 1, 2021 through June 30, 2024. Supervisors may achieve within-class increases in accordance with Municipal Code 2.68 until they reach the top step of their respective grade. ## Section 1. Definitions - **Base Wage** - Hourly base rate. - **Wages** - Hourly base rate of pay plus longevity, if applicable. - **Premium Wages**- Base wages plus longevity, applicable ADP or shift differential. Overtime shall be calculated at base wages plus longevity X 1.5. Applicable ADP or shift differential will then be added. (Over ten (10) hours in a day or forty (40) hours in a week). ## Section 2. Cost-of-Living Adjustment - On the pay period that includes July 1, 2021, all employees shall receive a two and three-quarters percent (2.75%) cost of living adjustment (COLA) and all salary schedules will be adjusted accordingly. - Effective the pay period that includes July 1, 2022, all salary schedules will be adjusted in accordance with the Consumer Price Index as published by the Bureau of Labor Statistics (average percentage increase to all items in West-class size B/C, all urban consumers, not seasonally adjusted, Series ID CUURN400SAO, from the immediately preceding completed full calendar year). The salary adjustment will not exceed three percent (3.00%), nor be less than two percent (2.00%). For example, if the percentage increase per the CPI index is 1.50%, the salary schedules will be increased by 2.00%. If the percentage increase per the CPI index is 3.50%, the salary schedules will be increased by 3.00%. - Effective the pay period that includes July 1, 2023, all salary schedules will be adjusted in accordance with the Consumer Price Index as published by the Bureau of Labor Statistics (average percentage increase to all items in West-class size B/C, all urban consumers, not seasonally adjusted, Series ID CUURN400SAO, from the immediately preceding completed full calendar year). The salary adjustment will not exceed 3.00%, nor be less than 2.00%. For example, if the percentage increase per the CPI index is 1.50%, the salary schedules will be increased by 2.00%. If the percentage increase per the CPI index is 3.50%, the salary schedules will be increased by 3.00%. - Within two pay periods following ratification on this Agreement, the top step for 61P and 65P shall be increased an additional three percent (3%) as reflected in the wage appendix. - Within two pay periods following ratification of this Agreement, all active employees will be paid a one-time lump sum distribution of $2,500. # ARTICLE 8. LONGEVITY ## Section 1. Longevity Pay After completing seven (7) years of full time employment, a supervisor shall receive an additional three and one-half percent (32%) of his base monthly wage and shall receive an additional one-half percent (12%) increase each year thereafter until a maximum of fifteen percent (15%) has been reached. Said longevity pay shall become effective upon the anniversary of the date of hire or adjusted service date, as applicable, and shall be granted on merit and performance evaluation as determined by the Department Chief. All employees hired after July 1, 2008 will receive a maximum of twelve and one half percent (1212%). Supervisors hired by the City after July 1, 2014 shall not be eligible for any longevity pay. # ARTICLE 9. SHIFT DIFFERENTIAL, ASSIGNMENT DIFFERENTIAL PAY, AND SPECIAL ASSIGNMENTS ## Section 1. Shift Differential Pay In addition to the supervisor's wages, supervisors on ten (10) hour shifts, working swing shift shall receive four percent (4%) shift differential pay. Supervisors on ten (10) hour work shifts, working graveyard shift shall receive six percent (6%) shift differential pay. ## Section 2. Assignment Differential Pay (ADP) Assignment Differential Pay is temporary monetary compensation to be paid to supervisors in the following categories and at the listed percentage rates of the supervisor's wages (hourly base wage plus longevity) excluding supervisors that are on temporary work assignments while on the 85/15 light duty plan. ADP assignments are not promotional and, therefore, no property rights exist. Supervisors shall only receive assignment differential pay for the duration of their assignment. Qualifications/Selection Process for the assignment shall be determined by the Department Chief. All assignments listed below will be appointed by the Chief of Police. Sergeants shall receive eight percent (8%), and Lieutenants shall receive eight percent (8%) assignment differential pay upon ratification of this agreement for the following assignments: - Police Academy - Detective Bureau - Narcotics Bureau - Internal Affairs Bureau - Traffic Bureau - Special Operations Bureau - FTEP Coordinator - Problem Solving Unit - Special Assignments Division - Administrative/Relief Supervisor - K-9 Handler Note: The intent of this article is to eliminate double 8% ADP. A supervisor shall have only one assignment under this section for ADP purposes. ## Section 3. Bilingual Proficiency The City shall pay $1,250 annually, the first pay period in January, made by a separate check, for those supervisors conversant in Spanish or a second language deemed necessary by the City to fulfill their job duty as a supervisor. The following criteria must be met to qualify for the annual incentive pay: - Supervisors must initially pass a proficiency examination prepared by the City. Once certified, a supervisor does not need to re-certify on a yearly basis; however, management has the right to require re-certification at any time. - The number of certified participants shall be determined by the department's needs and the fiscal constraints of the City of North Las Vegas. ## Section 4. Canine Assignment A canine supervisor shall be compensated for five (5) hours per pay period for at-home care, grooming, feeding and other activities related to the care and maintenance of an assigned canine. Such compensation shall be at the rate of one and one-half (112) times his premium rate of pay. # ARTICLE 10. COURT TIME ## Section 1. Off Duty Court Supervisors required to appear off-duty in any court or hearing as a witness for the prosecution or defense, except for personal involvement, shall be paid as follows: - Supervisors shall be paid at one and one half (1-1/2) times the supervisor's premium rate of pay for a minimum of two (2) hours. - Subsequent court or hearing attendance time shall be paid at one and one-half (1-1/2) times the supervisor's premium rate of pay. - Duces tecum subpoenas shall be paid an additional two hours at one and one-half (1-1/12) times the supervisor's premium rate of pay. - In any event, the supervisor shall not be paid twice for the same hours. All witness fees shall be returned to the City. Supervisors must turn in their subpoena with a DA's representative signature and have the start and end times of their court appearance written on the subpoena in order to receive court pay. Subpoenas must be turned in within the same pay period of the court appearance date. ## Section 2. Jury Duty Supervisors called to serve on jury duty on a normally scheduled shift shall receive their regular pay as well as all jury pay. Supervisors not selected to serve on the jury shall report back to work when excused. # ARTICLE 11. EDUCATIONAL ASSISTANCE/INCENTIVES ## Section 1. Tuition Assistance It is understood that the City Tuition Assistance Policy is in effect and replaces this article. ## Section 2. Educational Incentives: Employees who hold the following degree as of July 1st of each fiscal year shall receive one of the following lump sum payments on the first payday in August, by separate check. current supervisors that earn a higher college degree while employed by the City of North Las Vegas will earn a one-time bonus as follows: Associate's Degree, $1,100; Bachelor's Degree, $2,250; Master's Degree or higher, $3,000. - Any supervisor who has received an Associate degree from an accredited college or University shall receive a sum of $375.00 per year in addition to his/her annual salary. - Any supervisor who has received a Bachelor degree from an accredited college or University shall receive a sum of $750.00 per year in addition to his/her annual salary. - Any supervisor who has received a Master's degree from an accredited college or University shall receive a sum of $900.00 per year in addition to his/her annual salary. - Any supervisor who has received multiple degrees shall only be paid for the highest degree attained. The degree must be applicable to City Government and be approved by the Department Chief. # ARTICLE 12. UNIFORM, EQUIPMENT, AND CLOTHING ALLOWANCE ## Section 1. Issued Equipment The City shall issue to all supervisors the following: one sidearm, three ammunition magazines, duty ammunition, a holster, chemical agents, a basic uniform issue of four (4) summer shirts, four (4) winter shirts, four (4) pairs of pants, one (1) winter jacket and lockers. Supervisors will be issued a ballistic vest at their request. Vests will be replaced every five (5) years. ## Section 2. Clothing Allowance The City shall provide a one thousand dollar ($1,000) semi-annual clothing and footwear allowance to all supervisors as follows: - December 2021-2023 - $1,000.00 - June 2022-2024 - $1,000.00 Payment of the semi-annual clothing allowance shall be in the employee's paycheck on the first payday on or after June 1 and December 1. ## Section 3. Required Equipment The City shall determine the required uniform and equipment items to be used by officers within the scope of their employment. Any current uniform items not identified in Section 1 as issued equipment will be purchased by the officer at his or her expense. ## Section 4. Damaged Equipment If any of the above equipment or clothing is damaged or lost while the supervisor is acting in his official capacity and if the supervisor is free of negligence, the cost of replacement or repair shall be borne by the City upon the approval of the Department Chief. Replacement cost shall be limited to the value of the standard type equipment presently authorized by the Department with the following exceptions: For the purpose of replacement or repair: a wristwatch shall have a maximum value of fifty dollars ($50.00); Prescription eye glasses or contact lenses shall have a maximum value of two hundred dollars ($200.00). Should the Workers' Compensation program or personal insurance reimburse the supervisor for the replacement value of the glasses or contacts, the City shall not have any liability to reimburse the supervisor. # ARTICLE 13. COPIES OF AGREEMENT Copies of this agreement will be located on City net and available for all parties to print their own copies. The Association shall pay 100% of the cost of printing the NLVPSA Constitution and Bylaws. # ARTICLE 14. PUBLIC EMPLOYEES RETIREMENT SYSTEM The City agrees to pay the employee's portion of the retirement contribution under the Employer-Pay Contribution Plan in the manner provided for by NRS 286. Any increase in the percentages rate of the retirement contributions to the Public Employees Retirement Fund shall be borne equally by the City and the employee in the manner provided for by NRS 286.421. Payment of the employee's contribution shall be taken from the following sources in the following order: - Payment in lieu of cost-of-living increases; - Payment in lieu of equivalent basic salary increases; - Counterbalanced by equivalent reductions in employees' salaries. Article 7 Wages shall be subject to change in accordance with this section. # ARTICLE 15. INSURANCE AND DISABILITY ## Section 1. Life The City shall provide twenty thousand dollars ($20,000) life insurance protection with double indemnity for the accidental death of a supervisor of the bargaining unit. ## Section 2. Medical Benefits The City shall provide supervisors one of the following health benefit programs, which will include medical insurance, dental insurance, vision insurance, and a cafeteria plan: - A plan materially comparable to the health insurance plan(s), including related contributions, offered to employees of Clark County, Nevada; - A plan materially comparable to health insurance plan(s), including related contributions, offered to the majority of employees of the City of North Las Vegas; or - A self-insurance plan wherein the employee's contributions do not exceed the following amounts per month for medical benefits: - Employees only - $84.00 per month - Employees and spouse or child(ren) - $184.00 per month - Employee and family - $267.00 per month If an employee's spouse is also employed by the City, the City shall pay 100% of the premium cost for one (1) employee. The employee affected shall have the choice of which employee shall be deemed the primary insured. An employee who is deemed to be the dependent shall enjoy the same benefits as if s/he was the primary insured. Retired supervisors will be afforded the opportunity to remain in the health benefit program offered to current supervisors in accordance with NRS 287.023. ## Section 3. Payment No health benefits shall be paid after an employee is on thirty (30) calendar day no pay status, except for FMLA situations. ## Section 4. Indemnify The Association agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the Association as a result of any action taken or not taken by the Association with respect to authorized deductions for coverage in excess of that provided in Section 3 of this Article. ## Section 5. Self-Insurance (Workers' Compensation) All supervisors are to be covered by the provisions of the Nevada Industrial Insurance Act, the Nevada Occupational Diseases Act, and the Occupational Safety and Health Act. A supervisor injured on the job and determined by the primary physician to be temporarily totally disabled shall be placed on industrial insurance. Commencing on the first day post injury, the City will pay to the supervisor an amount equal to the difference between the insurance compensation received and 100% of the supervisor's premium wages, for a period not to exceed 850 hours, until the supervisor is 1) released to the Temporary Work Assignment Program, 2) the primary physician gives permanent restrictions, or 3) an independent medical evaluation determines the supervisor is capable of returning to work. A supervisor injured on the job may be employed in a Temporary Work Assignment within the City. The primary physician shall determine the duties and number of hours per day the supervisor is able to perform. The number of hours specified by the primary physician shall be considered a "work day" and the supervisor shall be paid one hundred percent (100%) of his current pay grade for each day worked. While temporarily totally disabled, the ambulatory supervisor is required to submit a completed form and report in person to the Workers' Compensation Division of Risk Management within the City's Finance Department on a weekly basis. If a supervisor is physically unable to report in person, special arrangements will be made by the Worker's Compensation Division. The supervisor is not to leave the geographical area without the approval of the Department Chief or designee. ## Section 6. Liability The City shall provide liability insurance protection for each supervisor of the bargaining unit through a contract for insurance or a self-insurance fund to cover incidents occurring while in the performance of official duties pursuant to applicable law, except punitive damages. # ARTICLE 16. SENIORITY ## Section 1. Seniority List In September of each year, the City shall provide the Association with a current seniority list indicating City seniority and classification seniority of the supervisors covered by this contract. The Department Chief shall provide the Association notice of any change of a supervisor's classification and the effective date, and forward same to the Human Resources Department to be entered on the seniority list provided by the City. ## Section 2. Computing Seniority City seniority and classification seniority shall be computed as follows: - City seniority shall commence with the original date of hire and shall be adjusted by subtracting all time between any termination and rehire when the supervisor was not employed by the City. - Classification seniority shall commence on the most recent date of appointment or promotion to such classification. - For purposes of determining seniority, within a pay grade classification, date of entry into the pay grade classification determines seniority. If two (2) or more persons are hired or promoted to the same pay grade classification on the same date, the person whose numerical score is highest on the eligibility list from which the selection was made shall be deemed senior. If there is no eligibility list, seniority in the previously held pay grade classification shall be the determining factor. If the above considerations fail to determine seniority, the supervisor with the earliest date of hire shall be deemed senior. Seniority for lateral transfers shall be determined by date and time of application. - City seniority and classification seniority shall not accrue to any supervisor who is on a no-pay leave of absence after the first thirty calendar (30) days of that leave of absence, except for FMLA situations. - For competition within classification for seniority, a supervisor who has been demoted to a previously held classification shall have all time spent in and above that classification counted toward his seniority. - Failure to protest supervisor's seniority date shown on the seniority list prior to October 1 of each year shall be considered confirmation of supervisor's seniority as listed. ## Section 3. Use of Seniority Classification seniority shall prevail in scheduling annual leave, holiday leave, days off, and shift preference, subject to availability as determined by the Department Chief. - Shift bids shall begin December 1st and shall be completed by January 15, based on classification seniority, and supervisors shall receive new assignments, if any, beginning the first full two-week pay period in February of each year. At the completion of the initial shift selection, a supervisor's selected shift preference cannot be changed by the supervisor for a period of one year unless good cause is shown and approval given by the Department Chief. - Seniority shall be considered exercised when a supervisor uses it to secure the following: - Annual leave request of four (4) or more consecutive days of accrued annual leave, holiday leave, or combination of both. - Holiday leave request of three (3) or fewer consecutive days of accrued annual, holiday, or combination of both. Supervisors must submit leave requests 30 calendar days prior to the beginning of the requested leave to secure their seniority rights. The beginning of the leave shall be on the first day of leave taken. The exercising of Seniority shall be allowed only on one occasion for Annual leave and one occasion for Holiday leave during a one-year period beginning the second pay period in February of each year. Annual leave requests shall have priority over Holiday leave requests. # ARTICLE 17. PROMOTIONS ## Section 1. Promotions - To be eligible to take a promotional examination for an eligibility list, an applicant must meet the minimum requirements by no later than the filing deadline in the year given. The promotional eligibility list shall be effective for one year from the date of certification, or upon certification of a new promotional eligibility list, unless extended. - All promotional vacancies, within the bargaining unit shall be filled by promotion, from within the Department and shall be made from the current certified promotional eligibility list. - Promotional examinations for Police supervisors shall be held in April of each year unless the promotional eligibility list is extended. The Marshal Sergeant promotional examinations shall be held in October of each year, unless the promotional eligibility list is extended. If applicable, bibliographies shall be posted a minimum of ninety (90) days in advance of the Request to Compete deadline contained in the notice. As outlined in Article 2, Management Rights, the City has the right to determine qualifications provided it shall be done fairly and in good faith. Selection process may include, but not be limited to written, oral, or practical performance tests, administrative evaluations (including experience) or any combination of the aforementioned at the sole discretion of the City. - Promotional lists shall be certified, approved and published by the Director of Human Resources within ten (10) working days after conclusion of appeals. - The promotional list that is established shall be maintained by the Human Resources Department and a copy shall be furnished to the Association upon publication of the list. - If an eligibility list has been exhausted, a new promotional examination may be held outside of the timeframes enumerated in subsection (C) above. If a written exam and/or assessment center will be used, a bibliography shall be posted a minimum of ninety (90) days in advance of the Request to Compete deadline contained in the notice. If no written exam or assessment center will be used, no bibliography need be posted, however, notice of testing and requirements for that examination shall be posted a minimum of thirty (30) days before the test date. The resulting promotional eligibility list shall be effective for one year from the date of certification, or upon certification of a new promotional eligibility list, unless extended. ## Section 2. Examination Procedures - Examinations shall be obtained from the best known source. - All North Las Vegas supervisors who meet the minimum