Collective Bargaining Agreement
Between
WAYNE STATE UNIVERSITY
and
POLICE OFFICERS LABOR COUNCIL
October 1, 2018 – September 30, 2023
TABLE OF CONTENTS
SUBJECT PAGE
i
Table of Contents
AGREEMENT ............................................................................................................................ 1
PURPOSE AND INTENT .......................................................................................................... 1
ARTICLE (1) RECOGNITION ............................................................................................. 2
ARTICLE (2) NON-DISCRIMINATION ............................................................................. 2
ARTICLE (3) MANAGEMENT RIGHTS ............................................................................ 2
ARTICLE (4) UNION SECURITY ....................................................................................... 3
ARTICLE (5) DUES AND/OR SERVICE FEE .................................................................... 3
ARTICLE (6) UNION RESPONSIBILITIES ....................................................................... 4
ARTICLE (7) STEWARDS ................................................................................................... 5
ARTICLE (8) TIME OFF FOR UNION OFFICERS AND DELEGATES .......................... 5
ARTICLE (9) OUTSIDE EMPLOYMENT .......................................................................... 5
ARTICLE (10) PROBATIONARY PERIOD ....................................................................... 6
ARTICLE (11) SENIORITY ................................................................................................. 7
ARTICLE (12) WORK ASSIGNMENT, SCHEDULING AND OVERTIME .................... 8
ARTICLE (13) HOLIDAYS ................................................................................................ 15
ARTICLE (14) VACATION ............................................................................................... 16
ARTICLE (15) EQUIPMENT ............................................................................................. 18
ARTICLE (16) UNIFORMS - UNIFORM BOARD ........................................................... 18
ARTICLE (17) PERSONAL CLOTHING ALLOWANCE ................................................ 19
ARTICLE (18) CLEANING ALLOWANCE ..................................................................... 19
ARTICLE (19) PERSONNEL FILE .................................................................................... 19
ARTICLE (20) BULLETIN BOARD .................................................................................. 20
ARTICLE (21) TUITION ASSISTANCE PROGRAM ...................................................... 20
ARTICLE (22) LEAVE OF ABSENCE TO ACCEPT ELECTIVE OR APPOINTIVE
STATE OR NATIONAL UNION OFFICE ......................................................................... 22
ARTICLE (23) LEAVES OF ABSENCE ........................................................................... 22
ARTICLE (24) LAYOFF AND RECALL .......................................................................... 26
ARTICLE (25) INVESTIGATION/DISCIPLINE .............................................................. 27
ARTICLE (26) PHYSICAL EXAMINATIONS ................................................................. 30
ARTICLE (27) ILLNESS BANK ........................................................................................ 31
ARTICLE (28) BEREAVEMENT LEAVE ........................................................................ 32
ARTICLE (29) PREGNANCY AND RELATED ILLNESS .............................................. 32
TABLE OF CONTENTS
SUBJECT PAGE
ii
ARTICLE (30) INCOME DISABILITY PROGRAM ........................................................ 33
ARTICLE (31) MEDICAL INSURANCE .......................................................................... 34
ARTICLE (32) LIFE INSURANCE .................................................................................... 37
ARTICLE (33) DENTAL INSURANCE ............................................................................ 37
ARTICLE (34) RETIREMENT ........................................................................................... 38
ARTICLE (35) SPECIAL CONFERENCES ...................................................................... 40
ARTICLE (36) SALARY SCHEDULES ............................................................................. 41
ARTICLE (37) GRIEVANCE PROCEDURE .................................................................... 42
ARTICLE (38) EVALUATIONS ........................................................................................ 46
ARTICLE (39) INVALIDITY ............................................................................................. 46
ARTICLE (40) PROMOTIONS .......................................................................................... 46
ARTICLE (41) EMERGENCY CLOSING ......................................................................... 48
ARTICLE (42) WORKERS' COMPENSATION................................................................ 48
ARTICLE (43) SHIFT SELECTION .................................................................................. 50
ARTICLE (44) CHANGE AND TERMINATION ............................................................. 51
Re: Personal Business Days .......................................................................................................................................................... 52
Re: Indemnification of Governors, Officers, and University Employees ...................................................................................... 54
Re: Overtime Payments ................................................................................................................................................................. 55
Re: Supplemental Illness Bank - "Incident Related" ..................................................................................................................... 56
Re: Overpayments ......................................................................................................................................................................... 57
Re: Light Duty for Pregnant Officers ............................................................................................................................................ 58
Re: Light Duty for Injured Officers ................................................................................................................................................ 59
Re: Day-Off Trades ........................................................................................................................................................................ 60
RE: Drug Testing/Urinalysis .......................................................................................................................................................... 62
INDEX ............................................................................................................................................................................................ 65
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AGREEMENT
This Agreement is entered into as of October 1, 2018, between Wayne State University
(hereinafter referred to as the "EMPLOYER") and Police Officers Labor Council on behalf of its
affiliate Wayne State University Police Officers Association (hereinafter referred to as the
"UNION").
PURPOSE AND INTENT
It is the general purpose of this Agreement to set forth terms and conditions of employment and to
promote orderly and peaceful labor relations between the Employer, the Employees, and the
Union.
The parties recognize that the support of the community and the job security of the Employees
depend upon the Employer's success in establishing a proper community service.
To these ends the Employer and the Union encourage to the fullest degree friendly and cooperative
relations between the respective representatives at all levels and among all Employees.
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ARTICLE (1) RECOGNITION
The University agrees to recognize the Police Officers Labor Council, on behalf of its affiliate,
Wayne State University Police Officers Association, as the sole collective bargaining agent for the
purpose of collective bargaining with the University with respect to wages, hours, and other
conditions of employment for the term of this Agreement for regular employees of the University
included in the job classification, Public Safety Officer, except student assistants, supervisors, and
all other employees.
ARTICLE (2) NON-DISCRIMINATION
The Employer and the Union recognize their responsibilities under Federal, State, and Local law
pertaining to fair employment practices as well as the moral principles involved in the area of Civil
Rights. Accordingly, both parties reaffirm by this Agreement their mutual commitment not to
discriminate against any person or persons because of race, creed, color, religion, national origin,
marital status, age or sex.
In conformity with the Pregnancy Discrimination Act, and in accordance with University policy,
Employees affected by disabilities resulting from pregnancy, childbirth and related medical
conditions are treated the same as Employees affected by other disabilities.
Employees who believe that they have been discriminated against for the above listed reasons may
choose to pursue their claim through the University's internal discrimination complaint procedure
administered by the Office of Equal Opportunity or through the grievance procedure of this
Agreement.
The initial choice on one of these two internal procedures binds the Employee and the Union as to
the discrimination aspect of any claim and prohibits the processing of that same discrimination
claim through any other internal procedure.
ARTICLE (3) MANAGEMENT RIGHTS
A. The Employer shall have the right to exercise customary and regular functions of
management, including the right to hire, promote, transfer, or to suspend, discharge,
or demote Employees for just cause; subject, however, to the Union's right to bring
a grievance if any provision of the Agreement is violated by the exercise of such
management function. All rights, powers, and interests which have not been
expressly granted to the Union by the provisions of this Agreement are reserved to
the Employer.
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B. The Union agrees that there shall be no solicitation of Union membership during
working hours on the Employer's time or at the Employer's expense.
C. The Union recognizes the responsibilities imposed upon it as the exclusive
Bargaining Agent of the Employees covered by this Agreement and realizes that in
order to provide good working conditions and fair and equitable wages, the
Employer must operate efficiently. The Union, therefore, agrees that it will
cooperate with the Employer to assure a fair day's work on the part of its members.
ARTICLE (4) UNION SECURITY
To the extent that laws of the State of Michigan permit, it is agreed that:
A. During the term of this Agreement, Employees in this Bargaining Unit shall not, as
a condition of employment, be required to become a member of the Union, or to
pay to the Union a service fee equivalent to the amount of dues uniformly required
of members of the Union (or dues).
B. An Employee in the Bargaining Unit who voluntarily tenders a service fee
equivalent to the amount of dues uniformly required of a member (and who is not
more than sixty (60) days in arrears), shall be deemed to meet the condition of this
section.
C. Employees in the Bargaining Unit who elect to tender their service fee equivalent
to the amount of dues, shall do so on or before the 10th day after the 30th day: (1)
following the beginning of their employment or (2) after a current Employee’s
submitted decision to join the Union.
D. The Employer shall be notified in writing by the Union of any Employee who is
more than sixty (60) days in arrears in such payments.
E. The Union shall indemnify and save the University harmless from any and all
claims, demands, suits, or any other action arising from this Article or Article 5, or
from complying with any request for termination under this Article.
ARTICLE (5) DUES AND/OR SERVICE FEE
A. Payment by Check-off: Members of the Bargaining Unit, who elect to, shall tender
their service fee equivalent to the amount of dues uniformly required of members
of the Union by signing an Authorization for Payroll Deduction of Nonacademic
Union Dues and/or Service Fees Form.
B. Check-off Form: During the life of this Agreement and in accordance with the
terms of the Authorization for Payroll Deduction of Nonacademic Union Dues
and/or Service Fees Form, hereafter set forth, the Employer agrees to deduct the
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service fee equivalent to the amount of dues uniformly required of members of the
Union from the pay of each member of the Bargaining Unit who executed the
Authorization Form.
C. The Employer shall not be responsible for collecting the service fee during periods
of leaves of absence for which the Employee received no pay from the Employer.
D. It shall be the duty of the Employer at the time of hire to provide the Employee with
the Authorization for Payroll Deduction of Nonacademic Union Dues and/or
Service Fees Form and inform the Employee of his or her option become a member
of the union or not and to have the option to voluntarily pay a service fee.
E. The Employer shall notify the Union within ten (10) days of any Employee hired,
rehired, reinstated, or transferred into the Bargaining Unit, and will furnish the
Union, no later than the tenth (10th) of the month a listing of all voluntary service
fees deducted for the previous month showing the name, file number, pay code, and
amount voluntarily deducted from all members of the Bargaining Unit, including
additions and deletions since the last listing with explanation of changes.
F. The Employer shall not be liable to the Union by reason of the requirements of this
section for the remittance or payments of any sum other than that constituting actual
deductions made from wages earned by Employees.
ARTICLE (6) UNION RESPONSIBILITIES
A. The Union recognizes that strikes by public employees are prohibited by Act 336,
Public Acts of 1947, as amended by Act 379, Public Acts of 1965, and agrees that
it will comply with said Act as well as all other laws affecting this Agreement.
B. Recognizing the crucial role of law enforcement in the preservation of the public
health, safety, and welfare of a free society, the Union agrees that it will take all
reasonable steps to cause the Employees covered by this Agreement, individually
and collectively, to perform all Public Safety duties, rendering loyal and efficient
service to the very best of their abilities.
C. The Union, therefore, agrees that there shall be no interruption of these services for
any cause whatsoever by the Employees it represents; nor shall such Employees or
the Union cause, approve or engage in any strikes, sit-downs, slow-downs,
picketing, or any other form of interference with the services and operation of the
University; nor shall they absent themselves from work or abstain, in whole or in
part, from the full and proper performance of all the duties of their employment.
D. In the event that any member(s) of the Bargaining Unit engage in any of the above
activities, the President of the Wayne State University Police Officers Association
or a representative thereof shall, upon request from the Director or his/her designee,
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immediately notify the involved member(s) of the illegal and/or inappropriate
nature of the activity and direct them to cease the activity.
E. The University reserves the right to take appropriate action where Union activities
result in interference with any operation of the University up to and including
discharge, subject to provisions governing disciplinary actions as contained in this
Agreement.
ARTICLE (7) STEWARDS
Employees in the Bargaining Unit covered by this Agreement may be represented by one (1)
Steward on each shift. Authorized Stewards shall be paid for time lost during working hours in
attending grievance meetings with University representatives. The Steward will be permitted to
leave his/her job, upon request, and after receiving approval by his/her Supervisor, for the purpose
of investigating a grievance during his/her assigned shift. Such Steward shall report to his/her
Supervisor upon completion of his/her investigation and if he/she goes into the Unit of another
Supervisor, he/she must first notify such Supervisor of his/her presence. This right to receive pay
for time lost shall not be abused. Time spent hereunder shall be recorded on the Officer's daily
report.
ARTICLE (8) TIME OFF FOR UNION OFFICERS AND DELEGATES
A. Upon giving reasonable advance notice to the Employer, Officers or representatives
of the Local Union may be afforded time off without pay to assist in the executive
affairs of the Union. However, the Employer need only grant such leave time when
the Department of Public Safety operational schedule permits.
B. Leave of absence (with pay, provided an Employee is currently in active pay status)
may be granted if operational schedules permit, upon receiving at least fourteen
(14) days prior written request, to two (2) Employees elected or selected by the
Union to attend a Union conference or convention, provided the two (2) Employees
are not on the same shift. Time allocations for said activity shall be limited to not
more than five (5) days in any one (1) fiscal year.
C. The President of the local Association shall be given the opportunity to work steady
days; however, upon electing to utilize this opportunity, the President shall remain
on that shift for a period of one (1) year.
ARTICLE (9) OUTSIDE EMPLOYMENT
A. Members of this Bargaining Unit shall not engage in outside employment of any
kind unless prior approval has been granted in writing by the Director of Public
Safety.
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B. Applications for such approval must be submitted in writing to the Director and
include the following: nature of proposed outside employment, name and address
of outside employer, hours per week and work schedule of such outside
employment, length of anticipated period of such outside employment.
C. Members who receive authorized prior approval for specific outside employment
shall not change the nature of such employment or employer, or alter their originally
approved working hours or work week without receiving prior written authorization
for such alterations from the Director of Public Safety.
D. Authorization for any outside employment shall not be unreasonably denied.
ARTICLE (10) PROBATIONARY PERIOD
A. All newly hired Employees must satisfactorily complete a Basic Police Training
Program approved by the Michigan Commission on Law Enforcement Standards,
as well as the prescribed Public Safety Law Enforcement Intern Program, while
serving a formal probationary period of employment in the Department of Public
Safety within the Bargaining Unit covered by this Agreement.
B. The standard probationary period is twelve (12) months from the date of hire in a
position covered by this Agreement, excluding academy time which adds to the
probationary period. This time period may be extended for an additional three (3)
months up to two times by the Director of Public Safety. Periods of absence from
work shall not be counted towards completion of the probationary period. If the
Director of Public Safety elects to extend an employee’s probationary period he
(she) must inform the employee in writing and include the reasons for the extension
so the employee understand the areas in which they need to improve.
C. There shall be no seniority among probationary Employees. Upon completion of
the probationary period of the Employee, said Employee will acquire classification
seniority from his/her date of hire, less periods of absence.
D. The Union shall represent probationary Employees for the purpose of collective
bargaining in respect to rates of pay, wages, hours of employment, and other
conditions of employment, except no matter concerning discipline, layoff, or
termination of a probationary Employee shall be subject to the grievance and
arbitration procedure. Although the Union’s involvement during the investigatory
stages shall be observed, per Article 25 (I)(11), resulting discipline or investigatory
concerns shall not be subject to the grievance and arbitration procedure. The
University shall not use the level of discipline given to a probationary employee as
an example of discipline administered in any future arbitration hearings.
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ARTICLE (11) SENIORITY
A. Seniority shall accrue to permanent full-time Employees and shall be based upon
total continuous service in a classification represented by this Agreement.
Approved leaves of absence without pay and layoffs shall not be cause for loss of
seniority. Provided, however, such laid off Employees or Employees on leave
without pay shall not accrue seniority during the actual period of layoff or leave.
B. Each new Public Safety Officer, upon the completion of his/her probationary
period, which shall not be less than one (1) year in duration, shall be placed on the
seniority list and seniority shall accrue from the Employee's first day of
employment in the
classification.
C. Seniority shall terminate if any Employee:
1. Quits or retires. Provided, however, that with respect to an Employee who
quits, this provision shall not apply to whatever rights such Employee has
heretofore enjoyed in connection with the Pension Plan upon reemployment.
2. Is discharged for just cause, including, but not limited to, any violation of
the Rules and Regulations of the Public Safety Department and the
provisions of this Agreement.
3. If he/she is absent for two (2) consecutive work days without notifying the
University or having a justifiable reason for his/her absence.
4. Gives a false reason to obtain a leave or if he/she fails to return to work upon
termination of any leave of absence or vacation.
5. If he/she is laid off for a period equal to his/her seniority at the time of layoff,
or two (2) years, whichever is the lesser.
6. Separation upon settlement covering total disability or Workers'
Compensation.
7. Failure to return to work when recalled from layoff.
D. If an Employee serving in a non-represented capacity within the Department of
Public Safety reverts to a former assignment within the Bargaining Unit, he/she
shall have seniority rights reinstated on the basis of the seniority earned while
serving in classifications represented by the Union.
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E. Any Employee who is promoted or transferred out of the Department of Public
Safety but continues as an Employee of the University shall retain his/her earned
Departmental seniority for a period equal to his/her seniority at the time of the
promotion or transfer or three (3) years, whichever is less, in the event he/she is
returned by the University to the Department of Public Safety. This shall apply to
future promotions or transfers.
ARTICLE (12) WORK ASSIGNMENT, SCHEDULING AND OVERTIME
A. Work Assignments
It is understood that making work assignments is a necessary function of
management and changes, insofar as possible, are to be dictated by the operational
needs of the Department.
B. Schedules
The normal weekly work period shall consist of five (5), eight (8) hour days which
include a one-half (½) hour paid lunch. It is understood that work scheduling must
not be arbitrary and capricious, and changes, insofar as practicable, are to be
dictated by consideration of Departmental manpower and campus need. All
schedules and assignments may be changed without notice when, in the opinion of
the Director or his/her designee, the Department faces the possibility of an
emergency.
An Investigations Section Employee who is designated by management as the on-
call investigator shall be paid two (2) hours of Stand-By pay (at regular rates) per
24 hour day. Failure to respond within one (1) hour of contact shall result in non-
payment of Stand-By pay for that 24 hour day. The designated on call investigator
shall not be assigned to fill normal uniformed shift vacancies occurring on
designated on call days.
1. The Employer will not require that Officers assigned to Uniformed Line
Operations, Crime Analysis or Research and Planning Officer(s) deviate
from his/her daily work period with the intent to avoid overtime.
2. The Officer(s) assigned to the Training Section shall work normal hours, as
well as be required to vary those hours depending upon the needs of the
Department.
3. The Officer(s) assigned to the Investigations Section shall work normal
hours, as well as be required to vary those hours depending upon the needs
of the Department.
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It is understood that occasionally a particular investigation requires, among other
things, that an investigator(s) contact or interview informants, witnesses,
complainants or other person(s) during other than normal hours. Such
arrangements shall be performed at the direction of the OIC, and shall be considered
overtime or shall be handled through schedule modification.
4. The Officer(s) assigned to the Crime Abatement Team, Investigations
Section, K-9 unit, or similar team shall be required to vary their hours
depending upon the operational needs of the Department. However, C.A.T.
Officers shall not be assigned to fill normal uniformed shift vacancies for
two days or less. Uniformed Officers assigned to plainclothes shall be
notified before the end of their prior shift or 24 hours in advance.
5. The University recognizes the need for reasonable rest periods during the
course of the normal work day, and Public Safety Officers may, as
determined by the operational needs of the Department, receive an in-
service break in each half of their normal duty day.
6. Scheduling for Training
The Employer and Union recognize the need for a continuing program of training.
The University will post training opportunities when time allows. An Officer will
be given the reason(s) verbally why the Officer was not selected if he/she requests
that information. Assignments of an Officer to training shall not be considered a
deviation of his/her daily work period. Officers, at any time, may submit a written
request, through their chain of command, for training opportunities. The selection
of trainees shall be at the discretion of the Employer.
Officers, except probationary Officers, will receive three (3) calendar days advance
notice of training which requires a modification of work hours unless the Employee
agrees to a lesser notice. "A" Shift Officers will not have their work hours modified
unless they are regularly assigned "off" on the day following the end of the training
session. Appropriate or sufficient time off between work periods will be ensured
whenever "B" and "C" Shift Personnel have their normal work period modified for
training."
7. Tentative schedules will be posted sixty (60) days in advance of taking effect.
Current practice of rotating shifts on a semester basis shall be maintained.
8. The Department will schedule 2 training days a month [instead of 4]. If no
training is scheduled for those days, the OIC may grant exceptions,
depending on the operational needs of the shift.
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C. Job Assignments/Shift Details
Job assignments will be assigned daily to Employees at the briefing. The
Motorcycle Patrol, Bicycle Detail, and plain clothes assignments will ordinarily be
advised of such assignments by the day prior.
Assignments may be changed or modified, subject to the needs of the department.
D. Job Appointments
When an opening occurs within a given job section, the Department will post a
notice of such opening on the bulletin board for thirty (30) days, as well as read
such notice at three (3) consecutive briefings.
Employees applying for such job appointments must have at least one year of
seniority with the WSU Police Department and satisfactory performance, and must
do so within the thirty (30) days’ notice period.
Job appointments will be made on the basis of specific skills. The Police
Department shall establish a list within 15 working days after the posting is closed.
The list shall expire ninety (90) days after it is established. Where skills are equal,
seniority will prevail. Appointments from persons who have already served an
appointment, as well as the duration of all appointments shall be at the department’s
discretion.
During the life of this Agreement, at least five PSOs in total will be appointed to
either the non-uniform section, special assignments, or the community policing
section or some combination of both, with the schedule of rotation and assignment
duration for replacements being at the discretion of the Director of Public Safety.
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E. Overtime
All time authorized to be worked in excess of eight (8) regular pay hours a day, or
forty (40) regular pay hours a week shall be reported in tenth of an hour (6 min.)
units adjusted to the nearest tenth of an hour. The Director, or his/her designee,
will be the determining authority on the necessity for all overtime. An Employee
within this bargaining unit shall be compensated for any such worked overtime at
the rate of time and one-half. Paid sick leave, holidays, vacation, or any other paid
leave will not be treated as days worked in computing daily or weekly overtime.
However, Article 12, 13 & 41 compensatory time, when utilized, may be counted
as time worked when computing weekly overtime.
There shall be no pyramiding of overtime: defined as the use of multiple overtime
premium multipliers on any single or block of hours. In other words, once an hour
is counted as an overtime hour for the purposes of daily overtime, that same hour
cannot be counted as an hour worked for the purpose of weekly overtime. Not
included in the definition of pyramiding are those cases of shift or salary premiums.
These remain subject to the normal overtime multiplier for any overtime hours.
1. The Department overtime list shall be utilized when filling overtime for
Uniformed Shift vacancies of four (4) hours or more. It is understood that
there may arise circumstances under which utilizing the overtime list is
unfavorable and ill-advised and, in such cases, the Supervisor has the
responsibility of filling said positions without delay. Emergency overtime
as well as overtime of less than four (4) hours, will be offered in the order
of seniority to the working shift.
In the event that all officers on the working shift refuse the overtime that
overtime shall be ordered to the officer with the least seniority on the
working shift.
Officers shall not be “ordered” to work overtime of more than sixteen (16)
hours in a 24 hour period including any court time that the officer must
attend. Officers also shall not be “ordered” to work sixteen (16) hours on
three consecutive days. This does not apply to volunteers.
In certain instances overtime for special assignments can be filled without
using the overtime list. Officers that do work overtime in this event shall
have the amount of hours worked added to their total on the overtime list.
(i.e. R.A.D., C.A.T., E.P.U., Honor Guard)
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2. An Employee required to work overtime not continuous with the regular
work schedule WITHOUT prior notification shall be paid a minimum of
four (4) hours pay at the rate of time and one-half (time and one-half,
provided the Employee has satisfied the 40 hours worked threshold. If not,
the straight rate will be paid until 40 hours have been worked).
3. Overtime not continuous with the regular work schedule but WITH prior
notification (i.e., with overtime notification to a Public Safety Officer before
the end of the Officer's duty shift, or at least forty-eight (48) hours before
time of requested overtime appearance) shall be paid a minimum of four (4)
hours pay at the rate of time and one-half (time and one-half, provided the
Employee has satisfied the 40 hours worked threshold. If not, the straight
rate will be paid until 40 hours have been worked.
Any witness fees and/or expenses paid to such Employees must be turned
over to the University together with Court Time Reports.
4. An Officer who is assigned a 1:30 p.m. court time in order to receive the
minimum of two (2) hours overtime for a scheduled court appearance on
his/her off duty time, must notify the Department prior to 2:35 p.m. that the
required court appearance has been completed. This shall apply only to
those Officers who are scheduled to work the 3:00 p.m. - 11:00 p.m. shift
on the day of the specified court appearance.
5. A schedule listing the names of all members of the Bargaining Unit and
stating each individual Employee's situation relative to call up for overtime
will be posted in a prominent place within the Department and accessible to
members of the Bargaining Unit.
6. Upon mutual agreement, officers can elect to have time worked in excess of
forty (40) hours in a work week, and hours worked on holidays, placed into
their compensatory time bank at the rate at which they were earned (time
and a half). An officer’s individual compensatory time bank may
accumulate to a maximum of sixty (60) hours.
7. If an officer is granted permission by the Chief, or their designee, to be
removed for the overtime list, said officer will be removed for a minimum
period of one (1) year. This period may be extended upon mutual
agreement of both the employee and the Chief or his/her designee. Such
request should be made in writing.
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8. When the Employer has advanced knowledge of events that will utilize
department personnel they will provide POLC President or his/her designee
a sign-up sheet. The Bargaining Group will be responsible for posting the
overtime for officer’s review within 24 hours of receipt from management.
If the position available are not filled in this manner, the employer shall then
utilize the Department overtime list to fill the positions. The amount of
hours worked for the event will be added to their employee’s total on the
overtime list.
The employer will complete and post the Officer’s assigned to the pre-
scheduled events at least five days prior to the scheduled event, unless notice
is given to the POLC President or his/her designee regarding circumstances
that may delay the postings.
The sign-up sheet shall be posted in the area designated by the employer.
9. Employees shall be paid double time on their seventh work day during a
calendar work week if they are ordered to work overtime on both their
scheduled leave days, with the exception of departmental mobilization. If
the department mobilizes two weeks in a row during the consecutive
mobilization if the member is ordered to work on their second leave day
they will receive double pay.
F. Stand-By Duty
In those situations when an Employee is ordered by a Supervisor to remain at a
telephone number known to the Supervisor and be prepared to report to duty upon
telephone notification, said Employee shall be considered to be on official Stand-
By Duty.
Compensation for such official Stand-By Duty shall be a minimum of two (2) hours
pay at regular rates.
Stand-By Duty shall be only for that period of time specifically ordered, but in no
case shall the Employee be paid less than the guaranteed two (2) hours
G. Field Training Officer Assignment
Employees designated by management as a Field Training Officer will be
compensated with 1 hour of pay (at the rate of time and a half) for every 8 hours
assigned/spent actively training a probationary Employee. Daily Field Training
Officer duties shall include, but are not limited to: (1) the usage of the appropriate
section(s) of the Field Training Guide, and (2) the completion of a Daily
Observation Report (DORS).
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H. K-9 Handler Assignment Principles
Should the Department opt to staff a K-9 Handler assignment, such Employee(s)
shall function under the following principles, including but not limited to:
1. The K-9 Handler will serve in this assignment for a length of time to be
determined by the Department. The K-9 Handler assignment shall not be
considered as one of the positions eligible to be "rotated out" as required in
Section D of Article 12.
2. The K-9 Handler assignment will not be on a shift pick.
3. There shall be no difference in base pay from other Public Safety Officers
who are at the same step.
4. Grooming Time: An estimated average of not more than seven (7) hours
per week is expected of the assigned K-9 Handler to be spent for grooming
the dog. Grooming includes, but is not necessarily limited to: feeding,
walking, securing medication for the dog (as necessary), and appropriate
brushing as suggested by the dog’s original (or subsequent) trainer and/or
department designated veterinarian.
5. The K-9 Handler shall be allowed one (1) hour at the end of the shift solely
for the purpose of grooming (personal care of the dog), unless the
operational needs of the Department prohibit an early release. On such
occasions, the K-9 Handler will be awarded one (1) hour of pay at the
regular rate of pay. The shift shall not be extended into overtime solely for
the purpose of grooming, unless directed by management. As clarification,
to allow for grooming, and to preclude the need for FLSA overtime, the K-
9 Handler will normally work one (1) hour less than the Handler’s scheduled
shift.
6. The K-9 Handler will be paid an additional two (2) hours per week to reflect
an approximation of one (1) hour for dog care on non-work days. There
shall be no premium holiday or overtime pay, allowed or paid, relative to
the two (2) credited hours. The subject pay shall be rendered at the
Handler’s regular rate of pay. Employees caring for more than one
Department dog shall receive an additional one (1) hours of straight time per
week.
15
7. After completion of the basic K-9 training, any approved K-9-related regular
training and recertification, will be done as part of the Handler’s regular tour of
duty. If the training and/or recertification occurs on a shift other than the Handler’s
regular shift, the training will be done in lieu of a regular tour of duty day. Current
return-to-work practices will apply when the training is less than 8 hours in
duration
.
8. The K-9 Handler shall receive one (1) free washing per week of his/her
dogtransport vehicle at a facility designated by the Department.
9. The Employer reserves the right to determine the appropriate expenditures related
to the K-9 unit
.
10. All of the dog’s food, medical care, and kenneling will be provided by an
Employer-designated facility. With approval of the Department, emergency
medical care may be obtained.
11. The dog shall be the property of the Department. In the event the Department
decides to “retire” the dog due to age, illness, or injury, the K-9 Handler will have
the option to keep the dog
.
ARTICLE (13) HOLIDAYS
A. The holidays, consisting of New Year's Day, Martin Luther King Day, Memorial Day,
I
ndependence Day, Labor Day, Thanksgiving Day, day following Thanksgiving Day,
Christmas Day and two (2) other days designated as December 24
th
and December 31
st
,
s
hall be observed as official University paid holidays. Uniform Employees will be entitled
to one additional holiday per fiscal year on a date to be selected by the Employee and t
o
be approved and granted by the Supervisor. The additional holiday will be used as a
personal business day, per Letter of Agreement #1, with notice to the Supervisor or
designee by at least noon of the day prior to taking the day
B. For non-uniform Employees: When one of the official holidays falls on a Saturday or
Sunday, another day shall be designated as the holiday
.
C. If an Employee is not paid for the day before or the day after a holiday, he/she shall receive
no pay for the holiday
.
D. In addition to regular pay for time worked on a holiday, members of the Bargaining Unit
shall receive premium compensation at time and a half for the holiday. At the discretion
of the Director, or his/her designee, and with the consent of the Employee, such premium
compensation shall be in the form of an additional day off in lieu of the holiday during the
same work week or pay peri
od.
E. Employees whose scheduled day off falls on a holiday shall receive in addition to his/her
regular pay, premium compensation at time and a half for the holiday. At the discretion
of the Director, or his/her designee, and with the consent of the Employee, such premium
compensation shall be in the form of an additional day off in lieu of the holiday during the
same work week or pay peri
od.
16
F. The Department, during regular scheduling, shall set aside the seven (7) day Monday
through Sunday period(s) which includes the designated holiday(s)
.
1. The Department shall determine the manpower allotment needed to fulfill the
operational needs of the Department on the holiday, for each shift.
2. Each Shift Supervisor shall then allow each shift member, in order of seniority, to
choose whether or not he/she will work on the holiday
.
3. In the event an Employee with seniority should be on vacation during the time
period that schedules for the holiday are picked; such Employee shall have the
right, before, to stipulate in writing to the Shift Supervisor his/her preference for
the holiday scheduling. To the nearest degree possible, such a request shall be
honored. Should the Employee fail to stipulate such a request in writing previous
to leaving for vacation, he/she shall forfeit his/her position by seniority. The next
eligible Employee shall assume the position on the list, and the Employee on
v
acation shall assume the last position on the list.
G. Christmas/New Year's Closure
No
n-uniform Employees will be given time off their regularly scheduled work days
between Christmas and New Year's with pay. A non-uniform Employee required to wor
k
any of these days will be given compensatory time off at a later date. Such compensatory
time shall be scheduled within ninety (90) calendar days from the date earned in accordance
with the operational needs of the department, or it shall be forfeited. At the discretion of
the University, an Employee may receive additional pay on a straight time basis, in lieu of
compensatory tim
e
ARTICLE (14) VACATION
A. The full-time members of this Collective Bargaining Unit shall receive vacation at the rate
of twenty-two (22) working days per year with accumulations earned for each full pay period
completed without loss of more than one hour of pay. Eligibility for such vacation allowance
shall be dependent upon completion of a minimum of six (6) months of continuous full-time
service in the Bargaining Unit. Vacation time may accumulate up to a maximum of twenty
three (23) days, but each Employee must utilize a minimum of twenty (20) days per year
.
If an Employee is employed and accumulating vacation time for only part of a vacation year
the number of days which must be taken will be prorated at the rate of two (2) days per mont
h
or
five (5) days per quarter.
B. Vacation time off must be scheduled with the appropriate Department Command Officers
and shall be granted in accordance with the operational needs of the Department of Public
Safety. If necessary, the Director of Public Safety is empowered to enforce obligator
y
s
cheduling of vacation time
.
17
C. Employees shall take vacation in at least two (2) blocks of five (5) days or more with the
option of taking their remaining days during the calendar year at the rate of less than five (5)
days at a time subject to conditions in B. above. Requests for the remaining days shall be
made within thirty (30) days of the date(s) requested and responded to within five (5) days
of application
.
D. Two (2) vacation periods of six (6) months each will be posted at least two (2) weeks in
advance of the deadline date for vacation selection.
T
he deadline will be that date, at 5:00 P.M., which is two (2) months prior to the beginning
of the six (6) month vacation peri
od.
V
acation block requests must be submitted in writing by Employees in the Bargaining Unit
before this 5:00 P.M. deadline indicating three (3) different vacation selection periods in the
order of their priority
.
A
n Employee wishing to waive a selection period must submit a memorandum to this effect
.
A
n Employee who waives the first selection period must make a selection in the second
period and vice versa. Should an Employee fail to submit a written request, the Department
will assign either a five (5) day block if in the first period, or a ten (10) day block if in the
second peri
od.
A
ny duplication of date requests by two (2) or more Employees which may not be able to be
accommodated shall be resolved on the basis of Employee seniority
.
The Department will respond within five (5) working days (excluding weekends and
holidays) of the deadline date informing Employees regarding approval or denial of their
vacation block request.
When more than one employee requests a specific vacation block and the shift selections
have not been finalized, then the department shall confirm the request within five (5) working
days of the finalized shift selecti
on.
E. Members of the Bargaining Unit who leave the University after six (6) months of continuous
full-time service shall be paid for unused vacation days at the time of their termination of
employment.
F. E
mployees who have accrued five years of seniority shall be allowed to take up to two weeks
of pay- in- lieu of vacation time once per year. The request for pay-in-lieu of vacation shall
be paid at the contract rate applicable at the time that the pay-in-lieu obligation was incurre
d,
r
egardless of any negotiated changes. Pay-in-lieu of vacation time will be counted as
vacation time utilized for the year.
18
ARTICLE (15) EQUIPMENT
I
n the selection, procurement, and issuance of necessary law enforcement equipment, the Employer shall
use its best efforts to secure equipment of such quality, design, and construction as judged consistent with
the functions and responsibilities reasonably expected of its professional law enforcement Employees.
T
he University will furnish qualification ammunition for WSU provided firearms and loose leaf binders for
Departmental written directives.
T
he University will inspect on-duty weapons annually and will repair those weapons that are issued by the
Department, if necessary.
O
fficers will receive new replacement vests for those vests reaching five (5) years of active. (Vests are not
in active use when they are not being worn by a non-uniform Officer or are not being used for other reasons.
ARTICLE (16) UNIFORMS - UNIFORM BOARD
A. The Employer agrees to recognize the establishment of a permanent advisory board, the
Uniform Boar
d.
B. The Board will be composed of three (3) elected members of the Union and two (2)
members of supervisory rank. The ranking Officer shall serve as chairman. Meetings will
be scheduled as the need arises, based upon the interest of the members or requests of the
University.
C. The Board, by majority vote, will advise the Director of Public Safety in matters concerning
item(s), type, style, issuance, and appropriate wearing of adopted Departmental uniforms
.
D. In the selection, procurement, and issuance of uniforms, the Director of Public Safety will
give due consideration to the Board's recommendations as regards items, numbers,
materials, issuance, and quality held consistent with the needs, use functions, and
responsibilities of the uniformed members of the Department
.
E. It is understood by both parties of this Agreement that the Uniform Board shall be advisory
only and the ultimate decision in all instances rests with the University
.
F. The University will replace damaged or worn uniforms. Employees are personally
responsible for procuring new uniforms if the need is due to a change in size. However
,
t
he University will replace uniforms if the need for new uniforms is required as a result of
a size change due to illness.
19
ARTICLE (17) PERSONAL CLOTHING ALLOWANCE
M
embers of this Bargaining Unit assigned to plain clothes duty for a period of three (3) months or more
shall be reimbursed for personal clothing allowance at the rate of $36.00 per month of plain clothes
assignment. To be eligible for a clothing allowance, the Employee must have worked ten (10) days within
the month on a plain clothes assignment. If during a given month an Employee, who is absented in
connection with an approved Workers’ Compensation case (in the line of duty), may count up to five (5) of
such Workers’ Compensation-covered days of absence towards satisfying the ten (10) day minimum
requirement. There is no personal clothing allowance paid for any month where an Employee does not
meet these minimum requirements. Payment shall be made at six (6) month intervals or at the end of the
assignment, whichever comes first.
Mem
bers assigned to plain clothes duty not necessitating suits, such as CAT type assignment, are not
eligible for clothing allowance.
ARTICLE (18) CLEANING ALLOWANCE
E
mployees of the Bargaining Unit shall receive a cleaning allowance as follows:
E
ffective with the signing of the 2013-2018 Agreement:
U
niform Personnel $60.00 per month
All Others $43.00 per month
T
o be eligible for a cleaning allowance, the Employee must have worked ten (10) days within the month
and the amount shall be based upon the assignment on the last day of the month. If during a given month
an Employee, who is absented in connection with an approved Workers’ Compensation case (in the line of
duty), may count up to five (5) of such Workers’ Compensation-covered days of absence towards satisfying
the ten (10) day minimum requirement. There is no uniform cleaning allowance paid for any month where
an Employee does not meet these minimum requirements. A uniform cleaning allowance shall not be paid
in any month in which personal clothing allowance is paid.
P
ayment shall be made semi-annually.
Mem
bers assigned to the Recruit Training Academy and required to wear khaki cotton clothing shall not
be considered as uniform personnel for purposes of the cleaning allowance contained in this Article.
ARTICLE (19) PERSONNEL FILE
T
he University will continue to honor requests from Employees to examine their personnel files in
accordance with Public Act 397 of 1978, commonly known as the Bullard-Plawecki Act.
20
ARTICLE (20) BULLETIN BOARD
A. The Union shall be provided with a bulletin board, located in an easily accessible area of
the Departmental Headquarters, for its exclusive use for the posting of notices pertaining
to the conduct of Union affairs of the following types:
1. Notices of Union recreation and social events
2. Notices of Union elections
3. Notices of results of Union elections
4. Notices of Union meetings
5. Notices of position openings
6. Information of professional interest to the Union
B. In the event a dispute arises concerning the appropriateness of material posted on the Union
bulletin board, the President of the Association will be advised by the Director of Public
Safety or his/her designee of the nature of the dispute and the notices or bulletins in question
will be removed from the board until the dispute is resolved.
C. In the event of a dispute regarding the above, a grievance may be submitted to the 4th Step
of the grievance procedure. A hearing will be scheduled within three (3) days to resolv
e
t
he dispute. All other provisions of the grievance procedures remain in effect.
ARTICLE (21) TUITION ASSISTANCE PROGRAM
A. As part of the University policy to encourage staff members to further their formal
education, the Tuition Assistance Program for Employees was established. Under the
Tuition Assistance plan, qualified Employees will receive credit on the student tuition
accounts for their tuition after the appropriate forms are submitted to Total Compensation
& Wellness (incidental fees, however, must be paid by the Employee)
.
T
uition Assistance will provide for two (2) courses or six (6) credit hours, whichever is
greater, per semester for two (2) semesters, and one (1) course or four (4) credit hours,
w
hichever is greater, for one semester during the academic year. There will be no waiting
period for eligibility of full-time Employees. To assure that Employees are not assessed
late fee(s), participating Employees must register during the Priority Registration period.
Otherwise, Open or Late Registration fees will be assessed.
21
Eligibility:
1. All full-time salaried Employees on Wayne State University payroll as of the last
day of Priority Registration and all Employees receiving occupation-specific
disability benefits (see Article 30).
2. College admission requirements must be met.
3. Applications must be submitted prior to the end of the term for which tuition
assistance is requested.
4. Courses must be taken after normal working hours unless the Division Head
verifies:
a. The course is offered only during working hours.
b. The supervisor is able to arrange adequate coverage of the position.
c. Time taken off is charged to vacation or additional hours are worked to
make it up (working during lunch will not satisfy the make-up
arrangement.)
B. The Tuition Assistance Program will provide eligible Employees with credit on their
student tuition account. Tuition assistance will apply to tuition, registration and omnibus
fees only. Incidental fees such as lab fees, etc., which may be charged are the responsibility
of the Employee. Failure to meet and maintain the eligibility requirements for tuition
assistance will result in the benefit forfeiture and the benefit amount will be recovered by
payroll deductions or other appropriate means
.
Any Employee who is terminated, leaves employment with the University during the term
of tuition assistance, not including layoff or leave of absence, or who fails to successfully
complete any course(s) in which they enroll will thereby forfeit their tuition assistance and
be required to reimburse the University promptly for the appropriate amount of tuition will
render the Employee ineligible for continued participation in the Tuition Assistance
Program
.
A
pplication for Tuition Assistance must be made prior to the end of the term for which
tuition assistance is requested.
A
passing grade must be obtained. A passing grade, for an individual course, is a "D" or
better for undergraduates and a "C" or better for graduates. A grade of "S" or "P" is also
considered passing for classes graded Pass/Fail or Satisfactory/Unsatisfactory. Failure to
receive a passing grade will forfeit tuition assistance for the subject semester, and payment
in full will be due as require
d.
G
rades of I & Y must be converted in accordance with Student Requirements
.
"
I" and "Y" grades must be resolved within two (2) terms beyond the term in which the
grade was earned.
22
C. The application forms are available from Total Compensation & Wellness, as well as
eligibility requirements and any additional information that may be necessary
.
D. Tuition Assistance shall be subject to applicable taxation requirements, if any, of the
I
nternal Revenue Service.
E. Tuition Reduction for Spouses and Children of Deceased Officers
T
he spouse and/or children less than twenty-six (26) years of age, of bargaining unit
members who have (or as of 10/01/02 had) ten (10) or more years of service, who died
while employed with the University, who are admitted to the University through its norma
l
pr
ocedures, shall be permitted to enroll in Wayne State University graduate and
undergraduate courses at a cost of fifty percent (50%) of the regular graduate or
undergraduate tuition rate per credit hour according to their student rank. The spouse
and/or children shall be encouraged to apply for appropriate scholarships and/or
fellowships. Incidental fees shall be charged to the spouse and/or children for such
enrollment. In order to be eligible for tuition reduction, a passing grade must be obtained,
per Section B above
..
ARTICLE (22) LEAVE OF ABSENCE TO ACCEPT ELECTIVE OR APPOINTIVE STATE OR
NATIONAL UNION OFFICE
A. Should a Public Safety Officer be elected, or appointed, to a State or National Union Office,
a l
eave of absence without pay may be granted at the discretion of the University for
a
pe
riod not to exceed one (1) year
.
B. To resume University service the Employee must provide written notification of his/her
intent to return, on or before his/her leave termination date, at least thirty (30) days i
n
a
dvance of the date of his/her intended return. The Employee will return with the sam
e
continuing service status as in effect at the time of the granting of leave. Salary will be
increased by any general adjustments granted to the classification during the leave period
and fringe benefits shall be those in effect at the time of the Employee's retur
n.
C. An Employee applying for such leave must give ninety (90) days written notice to the
Director of Public Safety. Only one (1) Public Safety Officer is eligible for such leave at
a time.
ARTICLE (23) LEAVES OF ABSENCE
ABSENTEEISM
Communication with the Employment Services Center does not satisfy the University’s absence notification
requirement. It is a basic WSU (and universal) expectation that employees, not Employment Services, will
notify their immediate supervisor of any variances from their established work schedule. FMLA
application/approval does not relieve an employee of that responsibility
23
A. Military
1. Short Term:
a. If the period of absence does not exceed seventeen (17) calendar days, the
Employee shall have the option of charging such absence to his/her
vacation bank, if available, or requesting the University to pay him/her the
difference between his/her military pay and his/her regular salary during
the period serve
d.
b. Before leaving his/her assignment the Employee must notify his/her
supervisor of the dates of his/her military duty, and submit a request to be
absent from his/her employment for that period. Should the Employee
elect to request University pay for the difference between his/her military
pay and his/her regular University salary the Employee must present
his/her military orders to the Payroll Office before he/she leaves for duty.
2. Extended Service:
a. Upon application, a Military Leave of Absence (without pay) will be
granted to Employees who are employed in other than temporary positions.
This applies to Employees who are inducted through Selective Service or
voluntary enlistment, or if the Employee is called through membership in
the National Guard or Reserve component into the Armed Forces of the
United States. A position "other than temporary" is one that at the time of
hire was expected to be continuous for an indefinite term and was not
limited to a specific, brief, and non-recurrent peri
od.
b. Reinstatement and rights after reinstatement are governed by applicable
Federal laws.
B. P
ersonal
L
eaves of absence without pay up to three (3) months may be granted in cases of
exceptional need for those Employees who have acquired seniority under the terms of this
Agreement. Leaves may be granted for such reasons as settlement of an estate, serious
illness of a member of the Employee's family, child care, or to complete degree
requirements, but not for the purpose of obtaining employment elsewhere. Leaves of
absence for like causes may be extended for additional three (3) month periods, but the
total leave time shall not exceed one (1) year.
C. Il
lness
1. If after exhausting the sick and vacation banks, an Employee is unable for health
reasons to return to work, the Employee shall have the right to leave without pay
for the period of disability, but not to exceed one (1) year provided:
a. The Employee has acquired seniority under the terms of this Agreement
and is a regular full-time Employee. This applies to Employees who ar
e
not
eligible under the income disability program
.
24
b. The Employee submits a physician's statement to the Director of the
University Health Service certifying his/her condition and estimated
length of time off needed.
2. If any illness or injury arises out of or in the course of his/her employment, an
E
mployee shall remain on illness leave for the extent of his/her absence, providing
it does not exceed two (2) years, unless he/she redeems his/her compensation
rights
.
3. In the event that the condition of an Employee's health or physical condition has
been altered as a result of his/her absence, an effort will be made to find a position
commensurate with his/her physical capacity.
4. To Return to Work:
a. If the Employee is off, due to illness, for more than 15 continuous work
days, he/she shall confirm with the day shift uniformed supervisor (wit
h
t
he submission of acceptable medical documentation) his/her intention of
resuming employment (including the date of return) at least 5 working
days (Monday-Friday, 7:00am 3:00pm) in advance of his/her return to
duty date.
b. The Employer in turn shall give notice to the Employee within one
working day of the Employee’s notice, if the Employer intends to require
the Employee to attend a return-to-work physical examination or a
specialist appointment.
c. The Employee must satisfactorily pass a return to work physical
examination at the University Health Service or a specialist of the
Employer’s choosing. Should the scheduling of, or the results from, the
physical examination delay the Employee’s actual return to work, the
Employee shall be responsible for one half of the delay period until their
return (using their own leave to cover half of the delay period)
.
D. Ch
ild Care Leave
1. Following the birth of an Employee's child, or following the adoption of a child
u
nder age six (6), an Employee shall be granted a Child Care Leave of Absen
ce
w
ithout pay provided:
a. The Employee has been a regular full-time Employee on active pay status
for one (1) year or more
.
b. The Supervisor receives at least a four (4) week advance written request.
c. All accrued vacation has been used.
d. The Child Care Leave, in combination with any other leave taken within
the previous twelve (12) months, shall not exceed one (1) year
.
25
2. To Return to Work:
a. The Employee shall confirm in writing the Employee's intention of
resuming employment at least sixty (60) days in advance of availability
date or expiration of leave, whichever occurs first.
b. The Employee must satisfactorily pass a return to work physical
examination at the University Health Service.
3. Insurance Continuance:
a. Group medical and life insurance coverage may be continued by the
Employee during the leave by paying the full group rate
.
4. Return Rights:
a. For a period not to exceed ninety (90) days following date of availability,
th
e University will offer the Employee the opportunity to be placed in a
vacant position. Failure to accept the offer of employment shall satisfy the
Employer's return to work obligation.
b. The Employee shall be immediately eligible for sick day accumulation.
c. The Employee begins to immediately accumulate vacation at the same rate
as prior to leave.
d. The Employee will return to work with:
1. The same salary as in effect prior to the leave increased by
adjustments granted to the classification in the interim;
2. Eligibility for all benefits will be continued at the Employee's
option as they were prior to leave;
3. Such time is deductible from continuing service.
26
ARTICLE (24) LAYOFF AND RECALL
A. When there is an indefinite reduction of the working forces, the following procedure shall
govern in making layoffs:
1. Probationary Public Safety Officers shall be laid off first.
2. If additional layoffs are necessary, seniority Employees shall be laid off in inverse
order of their seniority, provided those who desire to exercise their seniority are
able to perform the work available.
3. In the event the Employee has seniority to continue working but cannot perform
the job of the next lower seniority Employee, the University shall reassign him/her
if there is a job he/she can perform held by a lower seniority Employee
.
4. In the event of a permanent reduction of the level of employment for any reason,
Employees who lack seniority or qualifications to continue working in lower
seniority represented classifications will be given consideration for other available
non-represented jobs they are capable of performing within the Department of
Public Safety
.
B. Recalls from layoff shall be by order of seniority provided the Employee is able and
qualified to perform the work require
d.
1. Employees on the seniority list when recalled to work shall be given at least five
(
5)
w
orking days advance notice in which to report for work. Recalls shall be made
by certified mail. Copy of notices shall be given to the Uni
on.
2. If any Employee fails to report within five (5) working days after being notified,
or fails to give a satisfactory explanation for not reporting, he/she will be
considered as having voluntarily quit
.
3. In instances in which Employees cannot return to work within the required time
limit, the next Employee in point of service may be called and may be permitted to
work until the senior Employee returns
.
C. When Employees are called to work or laid off, the Union shall be given the names and
order of calling or laying off
.
27
D. Employees shall notify the University (Public Safety Department and University Personnel
Office) of their proper post office address or change of address, and they shall be given a
receipt from the University that such notice has been given. The University shall be entitle
d
to rely upon the address shown upon its records for all purposes.
E. A current seniority list will be maintained by the Employer. A copy of the seniority list
will be furnished to the Local Union Committee
.
F. Nothing herein shall prevent the Union and the University from negotiating reduced work
schedules to curtail layoffs.
G. The Employer shall notify the Employee at least two (2) weeks in advance of layoff.
H. Laid off Employees shall be given referral priority in a comparable position and salary
elsewhere in the University for a period not to exceed six (6) months after layoff.
ARTICLE (25) INVESTIGATION/DISCIPLINE
I. I
NVESTIGATIVE PROCEDURES
A. When information of alleged misconduct by an Employee comes to the attention of the
Department, and the investigation has not focused on a specific Employee, because the
identity of the accused is not known and/or the extent of participation of Employees is not
known, the Employee is required to cooperate with the supervisor and provide information
concerning the situation under investigation to the extent of providing verbal and/or written
statements.
B. When the investigation has focused (allegations are known) on a specific Employee, the
following rights will apply prior to interviewing an Employee, and/or requiring the
Employee to prepare a written statement regarding alleged misconduct on his/her part,
which may result in disciplinary action, and the intent of the supervisor is to take
disciplinary action against a specific Employee.
1. The Employee will be provided a Steward unless he/she specifically waives the
right in writing with a copy to the Uni
on.
2. The interrogation shall be conducted at a reasonable time. If questioning does occur
during off-duty time, the Employee shall be compensated in accordance with
overtime procedures
.
3. Prior to interrogation the Employee will be verbally advised of the following:
a. Alleged misconduct
b. Date and time of alleged misconduct
c. Name of person alleging the misconduct
28
4. Written notification of the alleged misconduct will be provided, if requested, within
24 hours after the request
.
5. The Employee has a reasonable amount of time, not to exceed 24 hours, to contact
a Union Representative or Stewar
d.
6. The Employee shall provide written statements regarding the alleged misconduct
within 24 hours of receipt of the written notification. The time limits for Items 5
and 6 shall run concurrently
.
7. In the event the incident deals with injury, death, or use of physical force, the time
limit for Items 5 and 6 shall be two (2) hours and run consecutively (four (4) hours
total).
8. An Employee who is a witness to any alleged misconduct is required to cooperate
with all interviews and investigations to the extent of making verbal and written
statements and normal police reports
.
9. The role of the Steward and/or Union Representative will be to insure that no
contractual right is violated.
10. If a tape recording is made of the proceeding, the Employee and Union have access
to the tape, in the form of a copy, upon written request, if the Employee is
subsequently discipline
d.
11. A probationary Employee will receive representation rights during the
investigatory stages of the proceeding.
II. D
ETROIT POLICE DEPARTMENT INVESTIGATIONS
Prior to interviewing a principal as opposed to a witness, and/or requiring a written statement (P.C.R.), from
the principal, regarding the principal's actions concerning his/her police duties, the following rights apply.
A. The principal has a reasonable amount of time, not to exceed two (2) hours, to contact a
Union Representative or Steward prior to interrogation, suspension or termination.
B. The principal shall provide written statements (P.C.R.'s) within two (2) hours.
T
he time limits for Items A. and B. shall run consecutively.
29
III. DISCIPLINE, SUSPENSION/DISCHARGE
T
he Supervisory Staff of the Department of Public Safety is expected to use good judgment in reprimanding,
disciplining or discharging any Employees. If a member of the supervisory staff has just cause to discipline
an Employee, it shall be done in a manner intended to avoid embarrassment of an Employee before other
Employees and the public.
A. The Department of Public Safety subscribes to the concept of progressive discipline.
However, in cases involving serious offenses, the Department may impo
se
su
spension/discharge penalties without prior infractions. For less serious offenses, the
following disciplinary measures will be taken in a progressive manner:
1. Verbal Reprimands: The first form of discipline which is intended to advise an
Employee of infractions and to promote correction of offenses. This discipline will
be verbal in nature, and the incident will be logged in a book maintained by the
Shift Supervisors. Such verbal reprimands shall be maintained for a period not t
o
exceed one (1) year.
2. Written Reprimands
3. Suspensions
4. Discharge
B. In Step One Discipline the Employee will be verbally advised of the following:
1. Misconduct alleged
2. Date and time of alleged misconduct
3. Name of person alleging the misconduct
T
he advisement will be written in all other steps of discipline.
C. When an Employee wishes to appeal a verbal or written reprimand, such Employee shall
do so through the established Grievance Procedure and within the specified time limits
.
S
hould an Employee who is suspended, or discharged, consider the actions taken unjust,
a
g
rievance must be presented, in writing, through the Local President, or his/her designated
representative, to Step 4 of the Grievance Procedure within 72 hours of the University's
acti
on.
D. The Steward, or Union Representative, shall have the right to be present when an Employee
is disciplined. It is understood that if a Steward is available on a shift, that Steward shall
be used by the Employee
.
E. Records of discipline more than three (3) years old shall be removed from personnel files.
A
ny employee (with live disciplinary action on his/her record), who is absented from the
workplace for more than 40 continuous calendar days (or more than 60 continuous calendar
days for Workers Compensation-approved absences), shall have the life of the most recent
disciplinary action(s) (per unique charge) frozen, until his/her return to work
.
30
F. If a tape recording is made of the proceeding, the Employee and the Union shall have access
to the tape, in the form of a copy, upon written request.
G. Nothing in the foregoing shall abridge the right of a supervisor to counsel with advice or
admonish an Employee under his/her command. It is understood that proceedings under
these conditions are verbal in nature
.
H. Any just cause or combination of just causes for which an individual Employee is
determined to be guilty may result in discipline, up to and including dismissal
.
I. If it is subsequently determined that a suspension or discharge was unwarranted, the
Employee shall be reinstated, with back pay, without loss of seniority, and no record of the
action shall be retained in the Employee's personnel file
.
J. In the event an Employee is relieved from active duty with pay, pending an investigation
into any incident, the Employer shall continue all contractual salaries and insurances until
such time as the investigation is completed; such time spent away from work shall not b
e
de
ducted from the Employee's accumulated sick/vacation/compensatory time banks
.
ARTICLE (26) PHYSICAL EXAMINATIONS
P
hysical examinations shall be given at the University Health Service, by appointments arranged through
the University Personnel Office under the following conditions:
A. Prior to assignment or reassignment or reclassification, all Employees may be required to
satisfactorily complete a physical examination.
B. A physical examination may be required for current University Employees:
1. After an illness of ten (10) or more consecutive working days.*
2. After surgery.*
3. After hospitalization.*
4. After being off the payroll for more than twenty (20) consecutive working days for
any reason other than vacation.
5. Upon return from Workers' Compensation.
6. Prior to placement on income disability.
7. Prior to mandatory sick leave.
* F
or absences as stated in Points B-1, B-2, B-3, a "Physician's Report on Illness of Employee" shall be
completed by the individual's physician before a return-to-work physical examination can be schedule
d.
31
C. A mandatory physical examination at University expense shall be scheduled in cases where
t
he Director of Public Safety has reason to believe that an Employee is suffering from
physical and/or mental illness or disability sufficiently serious to affect materially such
person's ability to properly fulfill the duties and responsibiliti
es
ARTICLE (27) ILLNESS BANK
A. An Illness Bank shall be set up and accumulated as follows:
1. Illness days shall accrue at the rate of .85 per pay period provided that an Employee
is paid for work during that pay perio
d.
2. The Illness Bank shall accrue to a maximum of 132 days.
B. Special Needs: In addition to excused absence for personal illness, the Illness Bank may
be used for the special needs listed below. A total of five (5) days per fiscal year may be
us
ed for the special needs listed below #1-6, and charged to the illness bank:
1. Death of a member of the immediate family* (excluding those members of the
family covered under Article (28), Bereavement Leave) up to five (5) consecutive
working days per incident
.
2. Quarantine required as a result of exposure to a communicable disease.
3. Verified Emergency care of parent, spouse or child under the age of 18 (up to two
[2]
co
nsecutive working days per incident). The need or emergency care may b
e
su
bject to verification and may be limited to urgent circumstances that are beyond
the employee’s control to plan for in advance that relate to the serious health
condition(as defined in FMLA regulations) of the covered relation. Situations ma
y
ar
ise where the officer responded to a perceived covered relation emergency, which
turned out not to meet the serious medical conditions definition of FMLA. It is not
the Employer’s intent to dock or discipline officers for such instances, where they
remain infrequent and are otherwise verified.
4. Attendance at the funeral of a person not in the immediate family (up to one (1)
working day per contract year).
5. An emergency medical or dental appointment.
6. Any Purpose Days: Employees who have completed nine (9) months of service
may use up to two (2) days during the fiscal year for any personal reason other than
those listed above (e.g. observance of religious holiday, a scheduled medical or
dental appointment, etc.). Such days will be charged to the Employee's Illness
Bank. Such days are not to be taken after a request for time off (for the same day)
has been denied. Such days are to be taken in full-day increments
.
32
* Immediate Family shall be defined as: husband, wife, father, mother, brother, sister, son, daughter,
grandmother, grandfather, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, a
nd
s
on-in-law. Aunts, uncles, nieces, nephews, cousins and grandchildren shall be considered members of the
immediate family only if living in the Employee's immediate household. Where a situation exists which is
not covered by these relationships, determinations will be made by the Labor Relations Department in
consultation with the designated Human Resources official.
C. Absence due to personal illness may require verification by medical authority including
one designated by the University Division of Human Resources, if so requested by the
Director of Public Safety, or their designee
.
D. Upon death, the surviving spouse, children, or estate, shall be paid one-half (½) of the
accumulated Illness Bank up to a maximum of pay for thirty (30) days. After completion
of five (5) years of continuous service, upon separation from the Employer's service for
reasons other than retirement, or death, the Employer shall pay the Employee one-quarter
(1/4) of his/her accumulated sick leave up to a maximum pay for fifteen (15) days provide
d
t
hat the Employee has given the Employer two (2) weeks' notice of intent to separate.
However, any Employee hired on or after March 30, 1988, shall not be entitled to the
payout of the Illness Bank upon resignation.
E. Failure to report for a court appearance may result in disciplinary action. Within any rolling
12 month period, if a Public Safety Officer fails to report for the court date due to illness
(on more than one occasion), they may be required to produce acceptable medical
documentation (within five (5) business days) to support his/her court day absence.
ARTICLE (28) BEREAVEMENT LEAVE
A. Up to three (3) days of bereavement leave may be used for the bereavement of a member
of the immediate family*. These days will not be charged against the Illness Bank.
* Immediate family shall be defined as: mother, father, sister, brother, spouse, and children.
Grandmother, grandfather, mother-in-law and father-in-law shall be considered member
s
o
f the immediate family if living in the Employee's househol
d.
B. One (1) day of bereavement leave, not charged against the Illness Bank, may be used for
the bereavement of other family members who are related and living in the Employee's
immediate household, for whom the Employee has assumed financial responsibility and
declares them as a dependent for Federal income tax purposes.
C. Two (2) additional days may be charged to the Sick Bank for bereavement of members of
the immediate family.
ARTICLE (29) PREGNANCY AND RELATED ILLNESS
A. In conformity with the Pregnancy Discrimination Act, and in accordance with University
policy, Employees affected by illness or disabilities resulting from pregnancy, childbirth
and related medical conditions, are treated the same as Employees affected by other
illnesses or disabilities as follows:
33
B. A pregnant Employee is required to notify the University in accordance with Article 23(C)
(1)
.
C. An Employee illness or disability resulting from pregnancy, childbirth, and related medical
conditions, shall be covered by the same benefits and procedures as other illness/disability
under this Agreement, including coverage under Illness/Disability Bank, Vacation, Illness
Leave of Absence Without Pay and Long-Term Disability Programs, if eligible.
D. An Employee who does not wish to work prior or subsequent to delivery, but who is not ill
or disabled, may request a Personal Leave of Absence under the same terms as such leaves
are available to other Employ
ees
ARTICLE (30) INCOME DISABILITY PROGRAM
A. The University, at no cost to the Employee, provides a program of disability income
insurance
.
B. Participation begins after January, 1978, for Employees who have completed one (1) year
of regular full-time employment at Wayne State University.
C. If the insurance carrier approves the disability claim, long-term disability benefits will be
paid starting the first of the month following six (6) months of continuous disability. The
benefits will be paid as long as the disability continues for twenty-four (24) months, if the
disability prevents the employee from performing his/her own occupation. The benefits
will be paid as long as the disability continues or until the Employee reaches age sixtyfiv
e
(
65), if the disability prevents the employee from performing all occupations the employee
has the training and education for. However, if the disability commences after the
Employee reaches age sixty (60), the benefits will continue for five (5) years or until the
Employee reaches age seventy (70), whichever occurs first.
D. Benefits under Income Disability are as follows:
1. The individual shall receive a monthly income benefit which, including any
disability benefits from social security and/or Workers' Compensation, is equal to
sixty six and two thirds percent (66 and 2/3%) of the person's basic salary up to a
maximum benefit of seven thousand dollars ($7,000) per month. A three percent
(3%) escalator is also included.
2. The monthly income benefit shall never be less than one hundred dollars ($100).
3. The Employee may continue life and medical insurance coverage with the
University paying the full cost of the basic and supplemental life insurance and
subsidizing medical coverage to the same extent such subsidy is provided to active
Employees
.
4. If the Employee is in the University (TIAA) Retirement Plan, the TIAA will pay
the annuity premium in accordance with the provisions of the Plan. The premiums
will be based on the individual's basic monthly salary at the time disability begins,
and shall not exceed 15% of the said monthly salary
.
34
ARTICLE (31) MEDICAL INSURANCE
A. Medical insurance will be available to Employees through contracts and agreement
executed by the Employee with Blue Cross/Blue Shield, BlueCare Network, Community
Blue (PPO), Health Alliance Plan, Total Health Care. An Employee may maintain
coverage under only one (1) pla
n.
B. The University will provide its police officers with the same subsidy structure which was
pr
ovided to other employee groups as of 9/1/
96.
E
ach year there after the subsidy will be calculated to provide the same subsidy in effect
on 9/1/96 plus 70% of any increase in premiums
C. An Employee wishing coverage under on of the plans must make application within the
first month of employment. The effective date of coverage is the first (1st) of the month
following enrollment. In the event the Employee fails to apply within the first (1st) month,
such Employee will be required to wait until the first of the month following ninety (90)
days after application or until the next open enrollment period, depending upon the
requirements of the individual plan.
D. The deductible amount under the major medical insurance program will be fifty ($50.00)
dollars for individuals, with the maximum deductible for family coverage, One Hundred
($100.00) Dollars
.
E. The University may unilaterally cancel an existing Medical Insurance Plan providing it
accords Employees with conversion privileges to any successor plan of the Employee's
choice. A change in health insurance carrier by the Employer will provide affected
Employees with equivalent health insurance coverage, as defined below.
EQUIVALENT COVERAGE Medical insurance is available to members of the bargaining
unit through contracts and agreements with various insurance carriers selected by the
University. The University may offer a new plan (or plans) and provider(s) with coverage
levels and other terms as determined by the HR division. However, the current subsidy
and cost increase sharing ratios, as outlined in Section B of this Article, shall be maintained
for future cost increases arising for any new plan(s). The University may substitute one
carrier for another, provided that any substitution shall provide equivalent coverage over a
similar geographic area within Southeastern Michigan. Equivalent coverage is not exactly
the same, but is essentially as good on an overall basis across the plan. The union shall be
notified of the substitution of an existing carrier within no less than 60 days prior to the
effective date of such change. The union shall then have the opportunity (for the next 30
days after notice) to confer on the replacement plan with the University, prior to
implementation.
A
change in health insurance carrier may result in a change in coverage as permitted in the
above section on equivalent coverage.
F. The University shall establish procedures to implement a program of individual spending
accounts for the purpose of 1) medical expenses not reimbursed by insurance and, 2)
dependent care in accordance with currently applicable IRS regulations. This plan shall
become available to University employees no later that January 1, 1998 with the
administration fee paid by the University as of 19
99.
35
G. An Employee who foregoes coverage under a University plan will receive from the
University one hundred dollars ($100.00) per month in lieu of medical insurance coverage
.
T
he monthly payment is contingent on the Employee being covered by external medical
insurance that is not a Wayne State University offered plan. If the Employee is covered
under a Wayne State University plan (either as an Employee or dependant) the Employ
ee
s
hall not be eligible for the monthly payment.
H. It is agreed that the following co-pays will be in effect:
Office Visits
$20.00 co-pay for office visits
$20.00 f
or Urgent Care visits
$100.00 for Emergency Room; nothing if admitted to the hospital
Prescription Drugs
$5/$20/$45 co-pay (a three-tiered program)
M
embers may purchase prescription drugs with a mail order option
I. Reserved for future use.
J. Reserved for future use.
K. VISION INSURANCE The Employer shall provide vision care coverage to all bargaining
unit Employees (who are enrolled in WSU medical insurance plans) as described in the
c
ontract between the Employer and the carrier. The University shall subsidize the cost, at
the rate of 50%
.
OTHER ELIGIBLE PERSON (“OEP”) PROGRAM
L. Bargaining unit members may participate in a program under which certain unrelated
i
ndividuals (i.e. Other Eligible Person) may be eligible for medical, dental and/or tuition
reimbursement benefits. The University will review the program annually to determine if
it will be continued for the next plan year. Should the University decide to discontinue the
program, 30 days notice shall be provided to participants
.
B
argaining unit members are strongly encouraged not to forego health and/or denta
l
co
verage that may be available to them from other sources. The University reserves the
right at its sole discretion at any time during the program to change, modify or suspend this
program and the means by which eligibility for benefits under this program is determined
and verifie
d.
Eligibility:
U
nder this program, a bargaining unit member who does not already enroll a spouse for medical,
dental and/or tuition benefits may enroll one Other Eligible Person (“OEP”), if ALL of the
following eligibility criteria are met:
36
•The OEP is an adult, age 26 or older;
T
he OEP currently resides in the same residence as the employee, other than as a tenant,
and has done so for the 18 continuous months prior to the individual’s enrollment;
•T
he OEP is not a “dependent” of the employee as defined by the IRS; a
nd
•The OEP is not related to the employee by blood or by marriage.
C
hildren who are qualified as WSU-defined dependents of an employee’s OEP are also
eligible for benefits.
Taxability of Benefits:
A
s a matter of law, the employer cost of providing benefits of the type described above is considered
ordinary income and is, therefore, subject to taxes, including FICA, FICA Medicare, federal, state
and city taxes.
Ineligibility:
The following individuals do not fall within the eligibility criteria for this program:
T
he Spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts,
uncles, cousins, landlords, renters, boarders and tenants of employees.
M. D
ependants (claimed on benefits forms) that are between 19-25 years of age are required to
maintain at least half-time student status in order to receive medical, dental or vision
benefits coverage. Coverage will lapse at the end of student status, or at the end of the year
that the dependant turns 25, whichever comes first.
A
covered dependant whom, after qualifying for dependant coverage as a student, becomes
incapable of continuing classes due to a medically-verified emotional and/or physical
condition will be retained at the same level of medical, dental, or vision benefits coverage
for a maximum of one calendar year from the date of diagnosis, or until a) the end of the
year that the dependant turns 25, b) the primary plan holder leaves University service, or
c)
t
he dependant’s health status allows them to return to eligible student status, whichever
comes first. The Employer will observe any relevant changes in federal law.
N. Interlocking enrollments
Medical and Dental coverage levels must match (i.e. Family-Family, Single-Single)
.
However, the University will observe court orders affecting bargaining unit employees an
d
t
he medical/dental coverage of their dependent
s
37
ARTICLE (32) LIFE INSURANCE
A. Group term non-contributory life insurance will be equal to the Employee’s annual salary
(or a minimum of $25,000.00) for all full-time Employees covered by this Agreement.
Additional amounts of supplemental life insurance may be purchased at subsidized rates
by election of Option #1, #2, #3, or #4 below. All eligible Employees shall be entitled to
elect one of the following
:
O
ption No. 1: Non-contributory insurance plus supplemental insurance equal to one times
annual salary to a maximum of $750,000 of total coverage
.
O
ption No. 2: Non-contributory insurance plus supplemental insurance equal to two times
annual salary to a maximum of $750,000 of total coverage
.
O
ption No. 3 Non-contributory insurance plus supplemental insurance equal to three times
annual salary to a maximum of $750,000 of total coverage
.
O
ption No. 4 Non-contributory insurance plus supplemental insurance equal to four times
annual salary to a maximum of $750,000 of total coverage
.
B. Employees shall have the privilege of conversion of the remaining amount of their group
life insurance to any standard policy issued by the insurance company without physical
examinati
on.
ARTICLE (33) DENTAL INSURANCE
A. The University will provide Dental Insurance to all Employees enrolled in a
Universityoffered medical plan. Eligible dependents must be enrolled prior to the start of
coverage. Members of the bargaining unit who participate in this plan shall be required to
make a contribution equal to five percent (5%) of the premium rate for the coverage
selected, effective immediately upon ratification of the 2013-2018 Agreement. Effective
March of 2016, members of the bargaining unit who participate in this plan shall be
required to make a contribution equal to twenty percent (20%) of the premium rate for th
e
co
verage selected.
T
he benefits offered under the dental insurance include:
Sealants for dependent children
Orthodontia limit for dependent children 19 and under increased to 50% of up to
$2,000 (lifetime maximum per dependent child of $1,000)
Routine x-rays at Class 1 level – 100%
Class 2 level benefits increased to 90% (oral surgery, endodontic, periodontic, and
restorative services)
38
Coverage will be effective on the first day of the month coinciding with or next following the date
of employment, except when the bargaining-unit member is absent from work on what otherwise
would be the effective date. In such case, it shall not become effective until the first day on which
he/she is actively at work on his/her regular schedule.
B. The Employer may unilaterally cancel an existing Dental Insurance Plan provided it affords
Employees conversion privileges to the successor plan. A change in the dental insurance
carrier by the Employer will provide Employees with comparable dental insurance
coverage.
C. Dependants (claimed on benefits forms) that are between 19-25 years of age are required
to maintain at least half-time student status in order to receive medical, dental or vision
benefits coverage. Coverage will lapse at the end of student status, or at the end of the year
that the dependant turns 25, whichever comes first.
A
covered dependant whom, after qualifying for dependant coverage as a student, becomes
incapable of continuing classes due to a medically-verified emotional and/or physical condition
will be retained at the same level of medical, dental, or vision benefits coverage for a maximum of
one calendar year from the date of diagnosis, or until a) the end of the year that the dependant turns
25, b) the primary plan holder leaves University service, or c) the dependant’s health status allows
them to return to eligible student status, whichever comes first. The Employer will observe any
relevant changes in federal law.
D. Interlocking enrollments
Med
ical and Dental coverage levels must match (i.e. Family-Family, Single-Single)
.
However, the University will observe court orders affecting bargaining unit employees and
the medical/dental coverage of their dependent
s
ARTICLE (34) RETIREMENT
A. Effective sixty (60) calendar days after the ratification of the 2009-2013 Agreement,
fractional and full-time Employees who have attained twenty-six (26) years of age shall be
eligible to participate in the University-sponsored retirement programs with University
contribution.
B. Fractional or full-time Employees, immediately upon employment, may participate in the
retirement program on an individual basis with University contribution. The Employer
match shall start at a 1% employee contribution, and increase on a 2 for 1 basis, up to 5%
employee contribution (10% maximum University contribution)
.
For the University contribution, vested percentage is as follows:
Years of Vested Service* Vested Percentage
Less than 2 years …………………. -0-
2 years or more in a pay status…… 100%
39
*For the purposes of this article, “Vested Service” is defined as: (1) If employment ends prior to 2
years of service, 100% of the employer contribution is forfeited to WSU, (2) If employment ends
after 2 years of service the employee is entitled to 100% of the employer contribution.
E
mployees with previous service at an eligible educational institution may be able to waive all or
a portion of the two-year vesting requirement.
C. The Employee may also deposit additional money with TIAA/CREF.
D. Upon termination of employment prior to retirement, an Employee having less than five
(5)
y
ears of contribution to TIAA/CREF, or who has less than $2,000.00 on deposit, is
entitled to a full refund of the Employee's contribution
.
E. A retiree shall be defined as an Employee who:
1. Has participated in the retirement program for at least five (5) years, or has at least
ten (10) years of University service.
2. Has attained the age of fifty-five (55).
F. A retiree shall be entitled to the following benefits provided he/she notifies the Employer
in writing of the initial intent to retire at least two (2) weeks prior to the date of retirement.
1. Life insurance coverage (currently $2,500) with the premium paid in full by the
Employer
.
2. Continued medical insurance provided the retiree pays the full monthly premium.
3. Pay for any unused accrued vacation days.
4. Pay for one-half (½) of the unused accumulated illness bank up to a maximum of
thirty (30) days pay.
5. A department-issued Retired Police Officer Identification, badge, and service
handgun, if retiring in good standing
.
G. During the life of the 2006 2009 Agreement, members of the bargaining unit will have
the option of participating in any retiree health care program that is negotiated by the
Wayne State University Chapter of the American Association of University
ProfessorsAmerican Federation of Teachers, Local 6075 or any other collective bargaining
agreement administered by the University, during the cited period. It is understood that:
(1)
a
ny potential retiree health care program must be employee funded, and (2) POLC will
be required to participate under the identical financial terms and conditions (including, but
not limited to, any reduction/surrender of benefits or wages, that may be negotiated by the
parties cited above)
40
H. The Department of Public Safety will recognize and cooperate with the Michigan Retired
Law Enforcement Officer’s Firearm Carry Act (LEOSA). Upon request, separating
members in good standing will receive a letter to the Michigan Commission on Law
Enforcement Standards documenting the member’s employment. The separated member
shall not be classified as a university retiree unless they meet the requirements as defined
in section E and are entitled to benefits of section F. The separated member shall be
individually responsible for completing any application and renewal paperwork as required
by LEOSA.
ARTICLE (35) SPECIAL CONFERENCES
A. Special conferences for important matters, other than grievances subject to consideration
under the Grievance Procedure, will be arranged between the Local President of the Union
and the Department of Labor Relations, or its designated representative upon request of
either party. Such meetings shall be between representatives of the Department of Labor
Relations and representatives of the Union not to exceed four (4). Arrangements for such
special conferences shall be made in advance and an agenda of the matters to be taken
up
at
the meeting shall be presented at the time the conference is requested. Matters taken up
in special conferences shall be confined to those included in the agenda. The members of
the Union shall not lose time or pay for time spent in special conferences. This meeting
may be attended by a representative of the Council and/or a representative of the
International Unio
n.
B. Agreements may be reduced to writing at the request of either party. It is understood that
any matters discussed, or any action taken pursuant to such conferences, shall in no way
change or alter any of the provisions of the Collective Bargaining Agreement, or the rights
of either the University or the Union under the terms of the Agreement
.
41
ARTICLE (36) SALARY SCHEDULES
T
his arrangement shall have no bearing on any other WSU bargaining unit, and shall not create any
additional bargaining rights for this, or any other WSU union.
2018-2019 Effective the pay period including October 1, 2018 2.5% ATB increase to the
base salary of bargaining unit members; steps funded.
2019-2020 Effective the pay period including October 1, 2019 2.5% ATB increase to the
base salary of bargaining unit members; steps funded.
2020- 2021 Effective the pay period including October 1, 2020 2.5% ATB increase to the
base salary of bargaining unit members; steps funded.
2021- 2022 Effective the pay period including October 1, 2021 2.5% ATB increase to the
base salary of bargaining unit members; steps funded.
2022-2023 Effective the pay period including October 1, 2022 2.5% ATB increase to the
base salary of bargaining unit members; steps funded.
Across the Board Salary Adjustment Step Chart for 2018-2022
2018-2019
2019-2020
2020-2021
2021-2022
2022-2023
Current
2.5% ATB
2.5% ATB
2.5% ATB
2.5% ATB
2.5% ATB
Minimum
$46,954
$48,128
$49,331
$50,564
$51,828
$53,124
Step 1
$49,430
$50,666
$51,933
$53,231
$54,562
$55,926
Step 2
$53,366
$54,700
$56,068
$57,470
$58,907
$60,380
Step 3
$61,643
$63,184
$64,764
$66,383
$68,043
$69,744
42
ARTICLE (37) GRIEVANCE PROCEDURE
A. Purpose
T
he purpose of this grievance procedure is to establish effective machinery for the fair,
expeditious, and orderly adjustment of alleged grievances.
B. D
efinition of Grievance
A
grievance is defined as a violation of a specific section of this Agreement.
C. In
formal Resolution
T
he informal resolution of differences of potential grievances at the lowest possible level
of management supervision is especially desirable among professional law enforcement
officers and is encouraged within the Department of Public Safety
.
D. T
imely Actions
D
epartment of Public Safety management supervisors and University administrativ
e
officers shall give prompt attention to any grievance presented and, within the scope of
their authority, take such timely action as is required. The Union, in turn, shall under the
provisions of this Grievance Procedure exercise its responsibilities with all due dispatch in
the interest of insuring fairness of treatment and prompt resolution of disputes
.
A
formal grievance must be submitted in writing within twelve (12) days of the occurrence
of the condition(s) giving rise to the grievance, or within twelve (12) days of the date it i
s
r
easonable to assume that the Employee(s) should reasonably have become aware of the
conditions giving rise to the grievance, whichever is later, in order for the matter to be
considered a grievance under this Agreement.
E. G
rievance Proces
s
Any dispute or alleged grievance which may arise between the University and the Union
involving the meaning, interpretation, or application of the terms of this Agreement shall
be resolved in the following Step order:
A
ny Employee with an alleged grievance, or a designated member of a group having such
a grievance, after first having notified his/her immediate management supervisor of his/her
grievance, must discuss the matter directly and informally with his/her immediate
management supervisor or request that his/her Steward be called for the purpose of
attempting to resolve the matter. All remedies will be consistent with this Agreement.
Step 2:
I
n the event the aggrieved Employee does not receive a satisfactory resolution of the matter within
five (5) days of his/her informal presentation, the Steward and the grievant may reduce the alleged
grievance to writing on forms supplied by the Employer, and formally, within five (5) days resubmit
same to the Employee's immediate management supervisor. Such formal grievance shall state the
date(s), nature and facts of the alleged grievance, the contract provision(s) alleged to have been
43
violated, and the adjustment sought. The Employee's immediate management supervisor shall give
his/her written disposition on the grievance to the Union within five (5) days of receipt of the formal
written presentation.
A
ny grievance not appealed in writing to Step 3, from an answer at Step 2, within five (5) days of
such answer, shall be considered settled and not subject to further review.
Step 3:
A
n appeal of a grievance from Step 2 to Step 3 shall be submitted in writing by the Union to the
Director of Public Safety, or his/her designated representative, who shall call a meeting within ten
(10) days of receipt of the appeal. The Director of Public Safety and a designated representative
(
not to exceed three (3) in total number), shall meet with the Union's representatives (not to exceed
three (3) in total number, including the grievant). Each party’s representative shall be responsible
for making certain that all relevant facts and contentions, that are available at the time, have been
developed and considered by Step 3. The Director of Public Safety shall forward a written
disposition to the Union within five (5) days following the meeting. Any grievance not appealed
from Step 3 to Step 4 within five (5) days of such disposition shall be considered settled and not
subject to further review
.
Step 4:
A
n appeal of a grievance from Step 3 to Step 4 shall be submitted in writing by the Union to the
Labor Relations Department or a designated representative, who shall contact the Union Field
Representative within ten (10) days in order to schedule a meeting. The Employer shall give a written
disposition to the Union within five (5) days following the meeting.
In the event a satisfactory settlement of the grievance is not reached following the disposition of the
Labor Relations Department, or a designee, the Union may, within thirty (30) calendar days after
receipt of the disposition, or when the disposition should have been provided, request arbitration
by simultaneous written notice to the Employer and the American Arbitration Association or the
Federal Mediation and Conciliation Service.
F
ailure on the part of the Employer to respond within the time limits set forth herein at any Step of
the procedure, without mutual written extension of the limits shall constitute a waiver at that step
and the Union may process the grievance to the next Step of the procedure.
F. A
rbitration
A
ny unresolved grievance may be submitted to arbitration in strict accordance with the
following:
1. The arbitration proceeding shall be conducted by an Arbitrator to be selected by
t
he Employer and the Union within seven (7) days after notice has been given. If
the parties fail to select an Arbitrator, the American Arbitration Association or the
Federal Mediation and Conciliation Service shall be requested by the moving party
t
o provide a panel of five (5) Arbitrators. Both the Employer and the Union shall
have the right to strike two (2) names from the panel
.
44
The University and the Union shall on alternate grievances strike the first name.
On the first grievance submitted to arbitration under this contract the Union will
strike the first name and the process will be reversed for subsequent grievances.
I
n the event one party fails to participate in the foregoing selection process the
moving party may request that an arbitrator be appointed and the and the arbitration
service providing the list shall then appoint an Arbitrator from the list provided to
the parties, as selected by the moving party.
2. The jurisdictional authority of the Arbitrator is defined and limited to the
determination of any grievance which involves a controversy concerning
compliance with any provision of this Agreement and is submitted to him/her
consistent with the provisions of this Agreement.
3. The Arbitrator shall have no power to add to, or subtract from, or modify any of
the terms of the Agreement, nor shall he/she substitute his/her discretion for that
of the Employer or the Union where such discretion has been retained by the
Employer or the Union, nor shall he/she exercise any responsibility or function of
the Employer or the Union.
4. The decision of the Arbitrator shall be final and binding on the parties, and the
Arbitrator shall be requested to issue his/her decision within thirty (30) days after
the conclusion of testimony and argument
.
5. Expenses for the Arbitrator's services and the proceedings shall be borne equally
by the Employer and the Union. However, each party shall be responsible for
compensating its own representatives and witnesses.
G. Miscellaneous
1. In the event the Union wishes to submit a grievance on its own initiative, on
behalf of all its members, it shall reduce the grievance to writing and submit
it to the Director of Public Safety and the grievance procedure will then be
operative from that Step.
2. Nothing in this Agreement shall limit the right of the Employer to
temporarily fill any position pending the resolution of a grievance or to
exercise any other right of management.
3. By mutual written agreement, extension of time limits may be granted.
4. When references are made to days, only "week days" (Monday-Friday) are
intended.
45
5. Time Limits:
a. Any grievance not presented for disposition through the grievance
procedure within twelve (12) days of its occurrence, or twelve (12)
days of the date it is reasonable to assume that the Employee became
aware of it, shall not thereafter be considered a grievance under this
Agreement.
b. Any grievance not answered by the Employer within the specified
time limits may be submitted to the next Step of the grievance
procedure. Should the Labor Relations Department or its designee
fail to call a meeting within ten (10) days of the Union's Step 3
appeal, or should he/she fail to give a written disposition to a
grievance after the Step 4 meeting within five (5) days, the Union
may, within forty-five (45) days, request Arbitration as outlined in
the foregoing sections.
It is understood that the Employer's failure to respond, along with
other competent evidence, shall be considered by the Arbitrator in
determining the merits of the case.
c. If the Union provides notice to the Employer of its intent to take a
grievance to arbitration but fails to make application to the American
Arbitration Association, the matter shall not thereafter be considered
a grievance under this Agreement.
d. The Union will provide the Employer with an up-to-date listing of
designated Stewards.
6. Management supervisor is defined as any supervisor with the rank of
Sergeant or above.
7. TAPING OF MEETINGS
It is understood by all parties that grievance meetings [and other
employeremployee meetings] are not to be taped or otherwise recorded,
unless the prior written consent of both parties has been obtained.
46
ARTICLE (38) EVALUATIONS
The Employee and University agree that as long as the Department shall use a separate system of
work performance evaluations apart from the University, that such evaluations shall be given to
uniformed Officers on a quarterly basis and to non-uniformed officers every six (6) months. These
evaluations shall be given in a timely manner, not to exceed three (3) weeks past the end of each
time period worked; however, Christmas Closure shall be exempted from these time limitations.
Should the Employee or his/her Supervisor be on any approved leave during this time, such
evaluation shall be issued within five (5) days upon the return to work of the Employee or his/her
Supervisor.
All evaluations shall be given and discussed during the Employee's regular shift.
Should the evaluation not be given within the above time frame, no evaluation for that period
worked will be given unless so requested by the Employee within four (4) weeks past its
conclusion.
Work performance evaluations are not subject to the grievance or arbitration procedures.
Employees with two years seniority may appeal their evaluations directly to the Director of Public
Safety.
ARTICLE (39) INVALIDITY
In the event any portion of this Agreement is declared to be or becomes inoperative under State or
Federal law, the balance of the Agreement shall remain in full force and effect, and the parties
hereto agree to meet and renegotiate the inoperative portion of the Agreement.
ARTICLE (40) PROMOTIONS
A. The following numerical percentages will be used for promotional purposes.
Written Examination
50%
Seniority
10%
Quarterly Evaluation
40%
B. In order to be eligible for the process of promotion to Sergeant, an Officer must
have two (2) years seniority.
C. An Officer will receive two (2) percentage points for each year of service to a
maximum of ten (10) points.
47
D. A final list shall be established at the completion of the promotional process,
ranking Officers in numerical order.
E. The Director of Public Safety may choose for promotion any Officer who is ranked
in the top five (5) on the promotion list.
F. The promotional list shall run for 180 days. However, no promotional exam need
be given, unless there is a vacancy which the University intends to fill. The
University may examine for promotion as needed, (but not to exceed twice in a
calendar year), upon giving sixty (60) days’ notice.
G. The written examination pass score shall be sixty (60%) percent. Examinees shall
have their exam performance reviewed with them to facilitate understanding of
incorrect answers. This review shall be conducted so as to ensure confidentiality
of test items. At least sixty (60) days prior to examination, examinees shall receive
a listing of test items topics to facilitate their study.
H. At the Department's discretion, it may utilize the Assessment Center method for
promotional testing. If this option is utilized, the following conditions shall apply:
1. The Department may select the consultant or organization of its choice to
professionally administer the Center.
2. Only those who achieved a sixty (60%) percent score on the written exam
shall be eligible for further evaluation under this option, subject to a
maximum of eight (8).
3. The weights, if the Assessment Center is utilized, shall be as follows:
Assessment Center
70%
Seniority
10%
Quarterly Evaluation
20%
4. All other sections of this Article continue to apply except Section A.
5. Nothing precludes the Department from utilizing the Assessment Center
option one time, more times, or not at all.
48
ARTICLE (41) EMERGENCY CLOSING
Weather Caused Closure (Essential Personnel)
The University has designated that certain categories of employees are essential personnel, who
are required to report to work under emergency circumstances. Bargaining unit employees are
considered essential personnel. Scheduled Employees, to be eligible for pay, are expected to report
on weather caused emergency closure days (or any other such duly declared emergency) regardless
of public communications that the University is closed. Those who report and work shall receive
an amount of compensatory time equal to the time which they worked. Such compensatory time
shall be used within ninety (90) calendar days from the date earned in accordance with the
operational needs of the department, or it shall be forfeited. Late arrivals may be allowed to work
an entire shift or longer at the department head's discretion. Those arriving less than two hours
late may utilize vacation or any other available time other than illness to cover their lateness.
ARTICLE (42) WORKERS' COMPENSATION
A. The Employer, in accordance with statutory requirements, provides Workers'
Compensation if an Employee is injured in the course of employment by providing
for a continuation of a portion of the Employee's wages.
B. Workers' Compensation benefits will be supplemented by accrued illness days until
they are exhausted to maintain regular after tax net income. When accrued illness
days are exhausted, accrued vacation days will be used to supplement workers'
compensation benefits until the bank is exhausted. Such accrued illness or
vacations days will be depleted on an hour-for-hour basis.
C. Employees will not accrue additional illness or vacation days while they are
receiving workers' compensation benefits.
D. The Employee shall be paid the supplement, unless the Employee notifies the
University's Risk Management Department at least 48 hours prior to becoming
eligible for the workers' compensation, based on loss of the statutorily required
number of days. The Employee's designation of not wanting the supplement may
not be changed except by mutual agreement between the parties.
E. If favored work/light duty placement is feasible, as determined by the University,
then the Employee may be placed in any University position for which he/she is, or
can become qualified.
F. The duration and scheduling of the favored work/light duty shall be at the
Department's discretion. Favored work placement outside the unit shall be subject
to the policies or contract language of that unit.
49
1. Providing the Employee can return to unrestricted duty, and the time not
working or placed out of the unit in favored work does not exceed two (2)
years, the Employee shall return to the former classification.
2. After two (2) years not working or out of the unit, the Employee's seniority
in the Police bargaining unit terminates.
3. Return to work from a leave due to any injury arising out of and in the course
of employment, shall be subject to Michigan Commission of Law
Enforcement Standards (M.C.O.L.E.S.) requirements.
4. Police bargaining unit seniority shall remain frozen, subject to the two year
limit above, while the Officer is on Workers' Compensation Leave or is
working in another classification outside the unit in the University.
H. Dues, if any, while out of the unit shall be to the appropriate unit covering the favored
work
G.
50
ARTICLE (43) SHIFT SELECTION
Limited shift selection will be allowed. The guidelines agreed upon are set forth below.
1. The project is to begin and end on a scheduled shift rotation date.
2. Sixty-five percent (65%) of the complement of assigned uniformed Officer
positions on each shift will be available for selection. If 65% of the available
positions do not equal a whole number, the number will be rounded up to
determine the number of positions available for selection.
3. Uniformed shift Officers with more than three years of service are eligible
for inclusion in the project and may select one of the available shifts
according to seniority.
4. The Union will receive 12 week advance notice of the number of positions
on each shift which are available for selection on the term being scheduled.
5. The Union will complete the selection process and provide a list of names
and corresponding shifts selected to the Director or his designee. This list
must be submitted ten (10) weeks prior to the first day of the term being
scheduled. Tentative schedules will be posted 60 days prior to the beginning
of the term.
6. An eligible Officer may opt out of making a selection and become subject
to the normal shift assignment procedure. The Union may then go to the
next eligible Officer to allow for filling of all of the available positions.
7. If all of the available positions are not selected, those remaining will be
filled through the existing shift assignment procedure.
8. An eligible Officer who does select a shift may not then arrange a shift trade.
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51
-52-
Letter of Agreement #1
WAYNE STATE UNIVERSITY
October 1, 1996
Mr. Richard Weiler
Executive Board, POAM
2990 W. Grand Boulevard
Detroit, MI 48202
Re: Personal Business Days
Dear Mr. Weiler:
During our most recent negotiations, the issue of the use of personal business days was
discussed by both parties. This letter is to clarify those discussions.
It is the intent of the University to grant personal business days to Officers who request them
under the terms of the Agreement. However, personal business days may be denied during
emergencies or for an officer undergoing training.
However, the University cannot guarantee that more than one personal business day request
will be granted per shift. Departmental management may grant an additional person a personal
day based on their determination of manpower needs.
Very truly yours,
Bruce J. Gluski
Contract Administrator
-53-
Letter of Agreement #2
WAYNE STATE UNIVERSITY
(Reserved for future use)
-54-
Letter of Agreement #3
WAYNE STATE UNIVERSITY
October 5, 1981
Mr. Richard Weiler
Executive Board, POAM
2990 W. Grand Boulevard
Detroit, MI 48202
Re: Indemnification of Governors, Officers, and University Employees
Dear Mr. Weiler:
In the course of our on-going contract negotiations, the Union expressed concern about the amount and
sufficiency of protection existent in the event a lawsuit is filed against one or more of its members.
At the September 14, 1973, meeting of the Wayne State University Board of Governors, a statute was passed
which will protect all University employees. Since this statute becomes general University policy, it is applicable to
Public Safety Officers and provides all the protection necessary so that these employees may feel secure that they will
be protected should they be placed in a liability situation.
The statute adopted by the Wayne State University Board of Governors, September 14, 1973, reads as follows:
"Any person serving as a member of the Board of Governors or an officer or employee of the University
shall be indemnified and held harmless from all costs, expenses, and liabilities incurred by him/her in
his/her capacity as governor, officer, or employee which arises out of their employment and within the
scope of their authority, except for willful misconduct and liability related to professional negligence
or malpractice. In all such instances indemnification shall be available only if the University has
provided counsel or has given written consent to outside counsel."
This statute satisfies all problems which have been raised at the bargaining table in this area of concern.
Very truly yours,
Philip E. Heideman
Assistant Vice President
H
uman Resources
-55-
Letter of Agreement #4
WAYNE STATE UNIVERSITY
October 5, 1981
Mr. Richard Weiler
Executive Board, POAM
2990 W. Grand Boulevard
Detroit, MI 48202
Re: Overtime Payments
Dear Mr. Weiler:
During the course of negotiations the Union expressed some concern over the delay in the
payment of overtime once overtime hours had been worked.
In an effort to address that concern it is the intent of the University to pay overtime on the
nearest possible pay date following the date(s) on which overtime was earned.
Very truly yours,
Brenda R. Malone
Labor Relations Specialist
-56-
Letter of Agreement #5
WAYNE STATE UNIVERSITY
January 16, 1985
Mr. Richard Ziegler
Fraternal Order of Police
6735 Telegraph - Suite 395
Birmingham, Michigan 48010
Re: Supplemental Illness Bank - "Incident Related"
Dear Mr. Ziegler:
Effective with the signing of the Master Agreement by both parties, an Employee who is unable to work as a direct
result of an "incident related" injury received in the line of duty shall be entitled to have his/her illness bank
supplemented to a maximum of 132 days. In the event of absence due to such an injury, an Employee would receive
full pay for a period not to exceed six (6) months.
Incident related injuries are defined as those types of injuries which are uniquely associated with the performance of
police work and are directly related to the dangerous aspects of the job. (Example: Gun shots, stabbing, injuries
received in vehicle accidents.)
Should Workers' Compensation Benefits be payable to an Employee, the illness bank will be used to supplement
Workers' Compensation payments to insure full pay. Such illness bank shall not accrue additional days.
The illness bank will be reduced by one (1) day for each day of absence regardless of any offset by Workers'
Compensation payments.
Upon return to work, prior to the conclusion of the six (6) month period, an Employee's illness bank will be returned
to the number of days it contained prior to the duty related injury, plus any appropriate accumulation.
Upon exhaustion of said bank, Employees with one (1) year or more of service and who are still unable to return to
work, are eligible to be placed on long term disability.
Once an Employee is placed on long term disability, their original illness bank will be used to supplement benefits
received to ensure full salary until such time as the bank is exhausted.
It is understood that the decision as to whether or not an injury received on the job conforms to the definition outlined
above is not grievable beyond the fourth step of the grievance procedure, as well, it is understood that there will be no
cash pay-off of unused illness days furnished under this program upon separation or retirement.
Very truly yours,
Brenda R. Malone
Contract Administrator
-57-
Letter of Agreement #6
WAYNE STATE UNIVERSITY
March 21, 1988
Mr. Jerry Caster
6735 Telegraph - Suite 395
Birmingham, MI 48010
Re: Overpayments
Dear Mr. Caster:
In the event that an Employee is overpaid by the University, such employee is required to repay
the University promptly the amount of the overpayment.
It is understood that, where no dispute exists as to the overpayment or as to the amount owing, the
University may recoup the overpayment by deducting up to fifteen percent (15%) of the
employee's gross bi-weekly pay until the overpayment has been paid. Nothing contained in this
letter shall preclude the parties from making alternate arrangements to repay the amount owing.
Very truly yours,
Brenda R. Malone
Assistant Vice President
Labor Relations
-58-
Letter of Agreement #7
WAYNE STATE UNIVERSITY
December 9, 1993
Mr. Brian Smith, Field Representative
Police Officers Labor Council
667 E. Big Beaver - Suite #205
Troy, MI 48083-1413
Re: Light Duty for Pregnant Officers
Dear Mr. Smith:
The decision to afford light duty for pregnant Officers shall be at the Department's discretion, but
if provided, the duration and scheduling of light duty shall ordinarily be for a period not to exceed
ninety (90) days, nor ordinarily be for more than one Officer at a time. The affording of light duty
shall be on a discretionary basis, during the life of the Agreement only, and shall not be precedent
setting as to other perceived needs for light duty work.
The decision to end a light duty assignment for pregnant Officers prior to ninety (90) days shall
not be grievable, given the discretionary nature of the decision to offer and schedule it.
Any light duty police work provided for pregnant Officers shall be at the Officer's current wage
rate. Furthermore, no light duty schedule shall be for less than a full shift, and a weekly schedule
shall be developed by the beginning of each work week for that Officer.
The first pregnant Officer to request light duty shall have priority for such work regardless of
seniority of Officers who subsequently become pregnant and request such work.
Very truly yours,
Bruce J. Gluski
Contract Administrator
Labor Relations Department
-59-
Letter of Agreement #8
WAYNE STATE UNIVERSITY
OCTOBER 1, 1996
Mr. Jerry Caster, Field Representative
Police Officers, Labor Council
P.O. Box 767
Dewitt, MI 48820
Re: Light Duty for Injured Officers
Dear Mr. Caster:
The decision to afford light duty for injured officers shall be at the Department’s discretion, but if
provided, the duration and scheduling of light duty shall ordinarily be for a period not to exceed
ninety (90) days, nor ordinarily be for more that one officer a time. The affording of light duty
shall be on a discretionary basis, during the life of the Agreement only and shall not be precedent
setting as to other perceived needs for light duty work.
The decision to end a light duty assignment for injured officers prior to ninety (90) days shall not
be grievable, given the discretionary nature of the decision to offer and schedule it. The exercise
of the discretion to offer light duty shall not be exercised in an arbitrary or capricious manner.
However, a grievance relating to operation of this letter shall not be subject to arbitration, but may
be referred for mediator’s recommendation.
Any light duty assignment for injured officers shall be at the officer’s current wage rate.
Furthermore, no light duty schedule shall be for less than a full shift, and a weekly schedule shall
be developed by the beginning of each work week for the officer.
The first injured office to request light duty shall have priority for such work regardless of seniority
of officers who subsequently become injured and request such work.
An officer who declines light duty to take FMLA shall be regarded as being on unpaid leave or
shall utilize any available vacation or personal time.
Very truly yours,
Bruce Gluski
Contract Administrator
Labor Relations
-60-
Letter of Agreement #9
WAYNE STATE UNIVERSITY
Revised – January 24, 2007
Mr. Duane P. Smith, Field Representative
Police Officers, Labor Council
1163 Judd Road
Saline, MI 48176
Re: Day-Off Trades
Dear Mr. Smith:
It is agreed that the following procedure for Same Shift Off Day Trades, that shall affect all
Department personnel, shall be established:
For requesting and granting same shift off day trade between members of the
Department.
To establish a reporting form for these procedures.
To acquaint all members of the Department with these procedures, the reporting form,
and require their use as directed.
To hold all members responsible for the provisions of the procedure and make these
procedures mandatory.
Same Shift Off Day Trade shall be defined as an agreement between two Department members
assigned the same shift to trade their off days.
Department members who wish to trade off days make a request, in writing, to their supervisor.
1. All requests must be submitted to their supervisor at least 24 hours in advance of
the time the trade is to take effect.
2. Trades involving probationary employees or employees in training will be approved
or disapproved on the merit of each case.
3. The request will be made in triplicate, using the Shift Trade Request Form, WSDPS
#002.
4. If an officer is planning on using a trade(s) in relation to a vacation, any purpose
day, compensatory time, or absence without pay day(s), they must complete a
fourth copy of the request for Shift Trade Form and attach same to Department of
Public Safety form WSDPS 4/99, (Time Off Request Form).
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Department members shall not use the trade procedures under any circumstances:
Where an apparent schedule conflict will result with either of the employees involved.
Where one of the employees involved in the trade has court on the day involved.
Where one of the employees involved would receive overtime due to the trade.
Partial Shift Trade (Late for Work)
Department Members will be allowed to do partial shift trades, prior to the beginning of the shift,
to cover an Officer if he/she is going to be late for work. This would be contingent on receiving
the approval of the shift supervisor and the employee who covers the shift. All applicable
paperwork would be filled out on the day of the event. Such trades shall be limited to once per
semester.
This letter will remain in effect for the duration of the contract of 10/01/18 through 9/30/23 and
has no effect on order.
Very Truly Yours,
Rebecca C. Ferguson
Interim
Director, Labor
Relations
This conforms to our Agreement
Duane P. Smith, Field Representative
Police Officers Labor Council
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Letter of Agreement #10
WAYNE STATE UNIVERSITY
June 12, 2018
Mr. Duane Smith, Labor Representative
Police Officers Labor Council
1163 Judd Rd.
Saline, MI 48176
RE: Drug Testing/Urinalysis
Dear Mr. Smith:
As follow up to our conversations during the 2018 contract negotiations we put forward this Letter
of Agreement to be followed during the life of the negotiated agreement.
During the life of this agreement the Director of Public Safety or designee may order a drug test
when there is reasonable suspicion to believe an employee is under the influence of or misuses a
controlled substance or drug. The reason for the test will be provided to the employee and an
available union steward or other member of the bargaining unit prior to the administration of the
test.
Should the employee’s prescribing physician indicate that the known side effects of a drug may
adversely affect the employee’s ability to perform the employee shall notify the supervisor before
commencing a work schedule.
Current employees may be ordered by the Director of Public Safety or designee to take a drug test
when:
1) There is reasonable suspicion to support allegations involving use, possession or sale
of drugs, narcotics or other controlled substances, alcohol; or
2) The employee has been involved in an incident where there has been the use of
deadly force involving a critical injury or death; or
3) There has been a traffic accident involving University vehicles resulting in critical
injury or fatality and the employee is the driver.
Testing will be conducted at a medical facility chosen by Wayne State University Human
Resources division.
Test results reporting the presence of illegal drugs, narcotics, controlled substances or alcohol or
the use of prescription drugs without a valid prescription, or the abuse of over-the-counter
medication shall be submitted as part of a written complaint by the supervisor requesting
departmental action.
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An employee, with proper just cause, may be subject to disciplinary measures, including
immediate discharge, for the first offense in any of the following circumstances:
1) Refusal to take an authorized urine and/or blood (breath) test, including refusal to execute
any required consent forms and/or refusal to cooperate regarding collection of samples.
2) Use or possession, unless during the course of their employment, of alcohol, illegal drugs,
narcotics or other controlled substances.
3) Conviction of any criminal drug statute.
Testing Procedures
A. Alcohol
1) If there is reasonable suspicion that an employee is under the influence of alcohol, he or
she shall be required to submit to a preliminary breath test (PBT) administered by a trained
individual in order to determine the blood alcohol concentration. If the PBT shows a
reading of .02 grams or above the employee will be required to submit to urinalysis or
blood test.
2) Screening test results of the person having a bodily alcohol content of .02 grams per 100
milliliters of blood, per 210 liters of breathe, or per 67 milliliters of urine, will result in a
confirmatory test and the employee will be removed from duty pending the results.
B. Drugs
Methodology
The testing or processing phase shall consist of a two-step procedure:
a. Initial Screening test
b. Confirmations test
1) The urine sample is first tested using the initial drug screening procedure of the RIA
and/or EMIT type. An initial positive test result will not be considered conclusive; rather,
it will be classified as “confirmation pending”. Notification of test results to the
supervisor or other departmental designee shall be held until the confirmation test results
are obtained and verified.
2) A specimen-testing positive will undergo an additional confirmatory test. The
confirmation procedure shall be of a gas chromatography/mass spectrometry method.
3) The drug screening tests selected shall be capable of identifying marijuana, cocaine, and
every major drug of abuse including heroin, phencyclidine, amphetamines and
barbiturates. Personnel utilized for testing will be certified as qualified to collect urine
samples or adequately trained in collection procedures.
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Drug Test Results
1) All positive confirmatory test results shall be immediately relayed to the agency’s
designated officer. Written results shall be submitted in writing by the laboratory to the law
enforcement agency within a pre-determined period of time. Upon receipt, the test results
will be shared with the employee.
2) Any employee receiving a confirmed positive drug test result will be removed from duty
pending a hearing for disciplinary action up to and including termination of employment.
3) Employees shall be notified that they have the right to have the sample examined by an
independent laboratory of their choice and at their expense.
4) The lab will be required to keep the sample for a minimum of one year. The urine sample
shall be split and stored in case of dispute. The samples must be provided at the same
time, marked and placed in identical specimen containers by authorized testing personnel.
One sample shall be submitted for immediate drug testing. The other sample shall remain
at the facility and stored in a secure and appropriate atmosphere.
Apart from the above, a confidential, voluntary Employee Assistance Program shall be available
to all employees. This shall be separate and apart from any other provisions of this agreement.
There shall be no reprisals against anyone who wishes to avail themselves of the Program.
Respectfully,
Rebecca C. Ferguson
Interim, Director of Labor Relations
This conforms to our Agreement
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INDEX
A
ABSENTEEISM............................. 22
AGREEMENT ................................ 1
Arbitration ................................. 43
B
BEREAVEMENT LEAVE ................ 32
BULLETIN BOARD ....................... 20
C
CLEANING ALLOWANCE .............. 19
D
Day-Off Trades ........................... 60
DENTAL INSURANCE ................... 37
DETROIT POLICE DEPARTMENT
INVESTIGATIONS ................... 28
DISCIPLINE,
SUSPENSION/DISCHARGE ...... 29
Drug Testing/Urinalysis .............. 62
DUES AND/OR SERVICE FEE ......... 3
E
Eligibility .................................... 21
EMERGENCY CLOSING ................ 48
EQUIPMENT ............................... 18
EQUIVALENT COVERAGE ............ 34
EVALUATIONS ............................ 46
F
Field Training Officer Assignment
.............................................. 13
G
GRIEVANCE PROCEDURE ............ 42
H
HOLIDAYS ................................... 15
I
ILLNESS BANK ............................. 31
INCOME DISABILITY PROGRAM .. 33
Indemnification of Governors,
Officers, and University
Employees............................. 54
Interlocking enrollments ............ 36
INVALIDITY ................................. 46
INVESTIGATION/DISCIPLINE ....... 27
INVESTIGATIVE PROCEDURES ..... 27
J
Job Appointments ...................... 10
Job Assignments/Shift Details .... 10
K
K-9 Handler Assignment Principles
............................................. 14
L
LAYOFF AND RECALL .................. 26
LEAVE OF ABSENCE TO ACCEPT
ELECTIVE OR APPOINTIVE
STATE OR NATIONAL UNION
OFFICE ................................... 22
LEAVES OF ABSENCE ................... 22
LIFE INSURANCE ......................... 37
Light Duty for Injured Officers .... 59
Light Duty for Pregnant Officers . 58
M
MANAGEMENT RIGHTS ................ 2
MEDICAL INSURANCE ................. 34
N
NON-DISCRIMINATION ................. 2
O
OTHER ELIGIBLE PERSON ............ 35
OUTSIDE EMPLOYMENT ............... 5
Overpayments............................ 57
Overtime .................................... 11
Overtime Payments.................... 55
P
Personal Business Days .............. 52
PERSONAL CLOTHING ALLOWANCE
............................................. 19
PERSONNEL FILE ......................... 19
PHYSICAL EXAMINATIONS .......... 30
PREGNANCY AND RELATED
ILLNESS ................................. 32
PROBATIONARY PERIOD .............. 6
PROMOTIONS ............................ 46
PURPOSE AND INTENT ................. 1
R
RECOGNITION .............................. 2
RETIREMENT .............................. 38
S
SALARY SCHEDULES .................... 41
Schedules ..................................... 8
SENIORITY .................................... 7
SHIFT SELECTION .................. 50, 51
SPECIAL CONFERENCES............... 40
Special Needs ............................. 31
Stand-By Duty ............................ 13
STEWARDS ................................... 5
Supplemental Illness Bank -
"Incident Related .................. 56
T
TAPING OF MEETINGS ................ 45
TIME OFF FOR UNION OFFICERS
AND DELEGATES ...................... 5
TUITION ASSISTANCE PROGRAM 20
U
UNIFORMS - UNIFORM BOARD .. 18
UNION RESPONSIBILITIES ............. 4
UNION SECURITY .......................... 3
V
VACATION .................................. 16
W
WORK ASSIGNMENT, SCHEDULING
AND OVERTIME ....................... 8
Work Assignments ....................... 8
WORKERS' COMPENSATION ....... 48
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