View the PDF version Google Docs PDF Viewer
AGREEMENT
between
THE CITY OF MUSKEGON, MICHIGAN
and
THE FRATERNAL ORDER OF POLICE LABOR COUNCIL
Representing
The
City of Muskegon Command Officers
January 1, 2023 through December 31, 2027
TABLE OF CONTENTS
SECTION 1 GENERAL 1
SECTION 2 RECOGNITION 1
SECTION 3 EMPLOYMENT SECURITY 1
SECTION 4 REPRESENTATION 1
SECTION 5 OPEN SHOP-DUES DEDUCTIONS 5
SECTION 6 MANAGEMENT RIGHTS 6
SECTION 7 GRIEVANCE PROCEDURE 7
SECTION 8 BULLETIN BOARDS 8
SECTION 9 WORKING CONDITIONS 9
SECTION 10 SAFETY AND HEALTH 9
SECTION 11 NO DISCRIMINATION 9
SECTION 11 WORKING HOURS AND SCHEDULES 9
SECTION 11 OVERTIME - COMPENSATORY TIME 10
SECTION 14 SENIORITY 11
SECTION 15 LAYOFF AND RECALL 12
SECTION 16 CALL IN TIME AND COURT TIME 13
SECTION 17 VACATION 14
SECTION 18 SICK LEAVE 16
SECTION 19 HOLIDAY PAY 19
SECTION 20 BEREAVEMENT LEAVE 20
SECTION 21 UNIFORM ALLOWANCE 20
SECTION 22 EMPLOYEE HEALTH INSURANCE 21
SECTION 23 RETIREE HEALTH INSURANCE 22
SECTION 24 SHIFT PREMIUM 24
SECTION 25 MEDICAL LEAVES OF ABSENCE 24
SECTION 26 MILITARY LEAVE 24
SECTION 27 SALARY AGREEMENT 24
SECTION 28 WORKING OUT OF CLASSIFICATION 25
SECTION 29 LONGEVITY PAY PLAN 25
SECTION 30 NO STRIKE CLAUSE 26
SECTION 31 WAIVER CLAUSE 26
SECTION 32 MAINTENANCE OF STANDARDS 27
SECTION 33 VALIDITY 27
1
SECTION 34 SAVINGS CLAUSE 27
SECTION 35 EDUCATION PAY 27
SECTION 36 DEFINED BENEFIT RETIREMENT PLAN 28
SECTION 37 DEFINED CONTRIBUTION RETIREMENT PLAN 30
SECTION 38 DRUG TESTING POLICY 30
SECTION 39 RESIDENCY 30
SECTION 40 PHYSICAL FITNESS 31
SECTION 41 PUBLIC SAFETY 31
SECTION 42 PROMOTIONS 31
SECTION 43 MISCELLANOUS 31
SECTION 44 DURATION AND RENEWAL 32
APPENDIX A WAGE SCHEDULE 33
APPENDIX B POLICE UNIFORM AND EQUIPMENT 34
2
SECTION 1 - GENERAL
In a mutually desirable effort to promote the best interests of both the City of Muskegon and the
City of Muskegon Police Department, this Agreement is entered into as of January 1, 2023, at
Muskegon, Michigan between the City and the Police Command Officers, represented by the
Fraternal Order of Police Labor Council. Hereafter, the City of Muskegon will be referred to as
the "Employer", and the Michigan Fraternal Order of Police Labor Council will be referred to as
the "Union". Hereafter, the police command officers employed by the Police Department of the
City of Muskegon will be referred to as the "employee" or the "employees".
SECTION 2 - RECOGNITION
Pursuant to the provisions of Act No. 336 of the Michigan Public Acts of 1947, as amended:
1. The Employer recognizes that the police command officers of the Employer have the
statutory right to bargain collectively with the Employer, and to be represented by an
organization in such collective bargaining.
2. The Employer recognizes the Union as the sole and exclusive collective bargaining agent
for all of the police command officers and will negotiate only with representative thereof
on the matters of rates of pay, wages, hours, and other terms and conditions of
employment.
3. The rights of the Employer and employees of the Police Department shall be respected,
and the provisions of this Agreement shall be observed for the orderly settlement of all
questions.
SECTION 3 - EMPLOYMENT SECURITY
The Employer agrees not to discharge or discriminate in any way against any command officer of
the Police Department for membership or activities in the Union.
SECTION 4- REPRESENTATION
All employees who are covered by this Agreement shall be represented for the purpose of
negotiation by a bargaining committee to be chosen by the employees. Employees covered by
this Agreement shall be represented for the purpose of grievance procedure by one (1) Chief
Steward and two (2) Shift Stewards or Alternate Stewards to be elected by the employees.
The Union shall advise the Employer in writing of the names of the persons on the bargaining
committee and the name of the Chief Steward, Shift Stewards and Alternate Stewards. The Chief
Steward, Shift Stewards and Alternate Stewards shall be recognized for those functions delegated
them under the terms of this Collective Bargaining Agreement. The members of the bargaining
3
committee will not be recognized beyond the area designated, or to the extent of authority
delegated to them, except in emergencies, until property authorized by the Union.
1. The members who are employees of the Employer shall be paid by the Employer for the
time spent during their regularly scheduled working hours in the processing of grievances
and in the negotiations relating to the Employer at their regularly established straight-
time rate.
2. The maximum number of employees including bargaining committee members who shall
be paid by the Employer while conducting negotiations, and while processing a specified
grievance, shall be three (3).
3. The Union representatives who are employees of the Employer shall be governed by the
departmental rules regarding employees entering and leaving the Department. Members
of the bargaining committee may leave the Department on negotiations and grievances
within the bargaining unit when their arrangements are made in advance with the Public
Safety Director or designee by the Chief Steward or Shift Stewards.
4. Any representatives of the Union employed by the Employer, having an individual
grievance in connection with their work, may be permitted to have a Steward assist them
in the Grievance Procedure.
5. Discharge and Discipline - Should any provision of the five (5) following subsections be
inconsistent with or contrary to any provisions of the grievance procedure, the grievance
procedure shall control.
6. Before any disciplinary action exceeding five (5) days without pay, up to, and including
discharge is taken against an employee, the employee shall be given an opportunity to
state his or her position and offer any evidence immediately available to his or her
superior officer who is rendering such discipline. Notice of such discipline shall be given
to the Union by the Employer pursuant to this section, within forty-eight (48) hours of the
indication of such discipline or discharge, except as specifically stated hereinafter. The
notice will be delivered to the Chief Steward, Shift Steward, or Alternate Stewards.
7. Except for verbal warnings, the charges resulting in disciplinary action exceeding five (5)
days without pay, up to, and including discharge shall be reduced to writing within forty-
eight (48) hours, excluding holidays and weekends, by the commanding officer
recommending the action or by the Public Safety Director, and copies shall be furnished,
if the employee wishes, to the Chief Steward or Stewards and to the employee against
whom the charges are brought. The employee shall sign a copy of the charge with the
understanding that said signature by the employee does not necessarily constitute
acceptance of the disciplinary action.
4
8. Such written charges shall cite the specific sections of departmental rules and regulations
and/or appropriate law ordinance which the employee is alleged to have violated.
9. Except during the first stage (i.e., in Subsection 6 above), an employee against whom
charges have been made, may be represented by a Steward, Union representative or
attorney.
10. In imposing any discipline on a current charge, the Employer shall not base its decision
upon any prior infractions of departmental rules or regulations or law or ordinance which
occurred more than thirty (30) months prior to the date of the current charge, unless such
actions are directly related to the current charge.
11. Any three (3) employees elected or appointed by the Union as delegates to the Fraternal
Order of Police meetings may take up to a maximum of three (3) working days with full
pay during such absence, but not more than a total of nine (9) days for all such
representation on official union business during one calendar year. The choice is the
prerogative of the Union.
SECTION 5 - OPEN SHOP - DUES DEDUCTIONS
The Employer agrees to deduct dues from the salary of each individual employee in the
bargaining unit who voluntarily becomes a member or who voluntarily authorizes the payment
of representation fees, subject to all of the following conditions:
1. The Union shall obtain from those employees who voluntarily agree to become
members or voluntarily agree to remit representation fees a completed authorization form
which shall conform to the respective state and federal law(s) concerning that subject.
The Union shall furnish the forms.
2. Check-off authorization forms shall be filed with the Employer's Finance Director.
3. The tota) amount due shall be deducted and forwarded to the Union with a monthly
membership list to the address of:
Fraternal Order of Police Labor Council
1457 East 12 Mile Road
Madison Heights, Michigan 48071
4. It is the responsibility of the Union to promptly notify the Finance Director of any change
in address for forwarding payments. The parties, by mutual agreement through a letter
of understanding, may also agree to electronic transfer of dues payments, if such a
method is available.
5
5. The Employer's remittance shall be deemed correct if the Union does not give written
notice to the Finance Director within two (2) calendar weeks after remittance is
transmitted of its belief, with reason(s) stated therefore, that the remittance is incorrect.
6. The Union shall provide at least thirty (30) calendar days written notice to the Finance
Director of the amount of Union dues and representation fees to be deducted from
the wages of employees in accordance with this Article. Any changes in the amounts
determined will also be provided to the Finance Director at least thirty (30) calendar days
prior to its implementation.
Save Harmless Clause - The Union agrees to defend, indemnify and save the Employer harmless
against any and all claims, suits, or other forms of liability arising out of its deduction from an
employee's pay of Union dues, or representation fees or in reliance upon any list, notice,
certification or authorization furnished under this Article. The Union assumes full responsibility
for the disposition of the deductions so made once they have been sent to the Union.
SECTION 6 - MANAGEMENT RIGHTS
The Employer retains all the rights, powers, functions, and authority which it had prior to the
signing of this Agreement, including those with respect to wages, hours, and working conditions,
except as those rights, powers, functions, or authority are expressly and specifically abridged,
modified or limited by this Agreement, and then only to the extent so specifically and expressly
abridged, modified or limited.
Except as otherwise provided in this Agreement:
1. Nothing in this Agreement shall be construed to limit in any way the Employer's sole and
exclusive right to manage its operation and the services it provides efficiently and
economically, including the right to determine the services to be performed, and the
quantity and quality of those services, the methods of performing the services; the
determination of the size of the working force; the hiring of new employees; the discipline
or discharge of employees for just cause; the right to maintain order and efficiency, to
relieve employees from duty because of lack of work or for other legitimate reasons; the
right to establish, change or introduce new or improved methods, equipment or facilities;
the right to establish, change or introduce standards of safety and safer operating
practices; the right to establish and alter all conditions and qualifications of employment
(as related to the hiring of new employees and subject to the rules and regulations of the
Civil Service Commission of the City of Muskegon).
2. Transfer employees from one shift to another on a temporary basis, except to avoid the
payment of overtime; transfer employees to other positions within the department;
require employees to perform outside their assigned job classifications which such
assignment is, in the management's judgment, advisable regardless of the availability of
6
work in their regular classifications, but not to extend beyond sixty {60) calendar days;
however, employees may be transferred from one shift to another on a temporary basis
when such temporary transfer is mutually acceptable to the employee and management;
require employees to give instruction or receive instruction in special training for selected
employees.
3. Effective January 1, 1998, the Civil Service policy relating to driver' licenses records and
eligibility for promotion shall be effective.
4. Any complaint or dispute concerning the exercise of any management rights function in
a manner contrary to any express provision of this Agreement shall constitute a grievance
within the meaning of this Agreement.
5. The parties recognize that the City of Muskegon Civil Service Commission may, from time
to time, revise its Rules and Regulations. The Union reserves the right to file grievance as
to the reasonableness of the rule in its application. Such grievance need not be filed until
the rule change has been applied to a member of this unit.
6. The Director of Public Safety retains the right to discontinue the 12-hour shift schedule
and return to the 8-hour shift schedule at any time. If patrol operations revert to an 8-
hour shift schedule, the parties will discontinue 12-hour shift schedule. The parties shall
meet to discuss the 12-hour shift schedule when the other party requests to do so.
SECTION 7 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation of a specific article and/or section of this Agreement.
If an alleged grievance arises, there shall be no stoppage or suspension of work, but such alleged
grievance shall be submitted to the following grievance procedures.
1. Grievances will be filed ONLY as set forth in the following procedures.
2. In no case shall any grievance be taken outside of the Muskegon Police Department until
this grievance procedure has been exhausted.
PROCEDURE:
Step 1 - Within twelve (12) business days following the alleged violation, any employee
having a grievance shall, with or without his Union Steward, first contact the Public Safety
Director, when available. A "business day" is defined as Monday through Friday, excluding
holidays.
Step 2 - If such grievance cannot be resolved within three (3) business days after
presentation, the matter shall be reduced to writing on a form supplied from the Union, citing
7
the section(s) of the contract which are alleged to have been violated signed by the Union
and forwarded to the Public Safety Director.
Step 3 - The Public Safety Director shall give a written answer to the grievance within seven
(7) business days. If it is not satisfactory to the Union, the matter may then be taken to the
City Manager within twelve (12) business days following written answer from the Public
Safety Director.
Prior to submission of the grievance at the City Manager's level, the grievant shall elect
whether the employee desires to proceed under the Civil Service Rules and Regulations as
adopted July 20, 1955, as amended, or to arbitration, under the terms and conditions of the
grievance procedure. If the Union desires a hearing with the City Manager, same may be
requested, and the City Manager or designee shall schedule such a hearing. The City Manager
or designee shall render a written disposition of the grievance within twelve (12) business
days following said hearing.
Step 4 - In the event a grievance is not resolved at Step 3, either the Employer or the Union
may initiate arbitration by submitting a notice in writing of such intent to the other party
within ten (10) business days following the day the written disposition was given at Step 3.
In the event either party shall fail to serve such written notice, the matter shall be considered
settled on the basis of the last answer.
The moving party shall have thirty (30} business days to request to the Michigan Employment
Relations Commission (MERC) for the appointment of an arbitrator which will be selected in
accordance with Michigan Employment Relations Commission (MERC) procedures.
1. The arbitrator so appointed shall have the authority to resolve disputes between the
parties only over matters which are covered by this Agreement or any supplementary
agreement.
2. The expenses of the arbitrator shall be shared equally by the parties.
3. Any matter resolved by settlement or dismissal short of the issuance of a written
disposition by the City Manager shall have no precedent value whatsoever as to future
grievances.
4. Extensions of time for any step in the grievance procedure may be agreed upon in writing
by the parties hereto.
SECTION 8 - BULLETIN BOARDS
1. The Employer shall provide space for one bulletin board in a mutually acceptable location
to be used by the Union.
8
2. With advance notice and consent of the Public Safety Director, a room will be available
for one employee unit meeting per month.
SECTION 9 - WORl
Sign up for City of Muskegon Emails