CBA Flashcards
1
Q
What does article 6 in CBA have to do with?
A
Union business
2
Q
How much union leave does a union member get?
A
Shall be a fixed pool of 10,000 hours per calendar year. However reasonable time required for grievance preparation and appearance in grievance hearings are not included in that 10,000 hour. Union member must give a minimum of two business days notice to the Troop or Section Commander unless such notice is impractical.
3
Q
What does article 7 of the CBA have to do it?
A
Anti-discrimination in affirmative action
4
Q
What is important to know about anti-discrimination and affirmative action?
A
That in cases of discrimination, positive and aggressive measures must be taken to address the effects of past discrimination.
- to eliminate present and future discrimination
- and ensure equal opportunity in the areas of appointments, promotions, demotions or transfers recruitment layoffs or terminations
5
Q
What does article 8 have to do with In CBA?
A
Hours of work in overtime.
6
Q
What is important to know for a regular work week, tours of duties and work schedules?
A
No employee shall work more than 5 days in consecutive 7 days.
7
Q
What are the regular tours of duty work shifts for the dayshift?
A
700 715 815 830 and 9 AM
8
Q
What are the regular tours of duty for the eve shift?
A
3: 00
3: 15
4: 15
6: 00
9
Q
What are the regular tour of duty’s for the night shift?
A
11: 00
11: 15
12: 15
10
Q
When the Colonel desires to change work shifts of an employee he/she shall give what kind of notice?
A
At least 5days written notice of the change except in cases of emergency.
11
Q
What shall overtime service not include?
A
- Out of turn tour or work shift
- Swapped tours
- Change in schedule
- Attending in-service training (Will be compensated, or giving an extra day off so that they do not work more than five days in a seven consecutive day.) If that occurs the employee shall be advanced a regular scheduled day off taken on the day that immediately precedes the start of the assignment, shall be compensated, Or if the department requires that the employee travel on his DOR they shall be advanced a regularly scheduled workday to be taken immediately following the termination of the assignment.
12
Q
How should overtime compensation be given?
A
For overtime after scheduled hours the fraction will be rounded off to the next quarter hour
-For example if the employee works 10 minutes beyond his normal quitting time they shall be paid 15 minutes of overtime. If he or she works 20 minutes she or he shall be paid 30 minutes of overtime.
13
Q
If a employee is recalled to duty and/or on call, what shall the member be compensated?
A
He or she shall be paid a minimum of 4 hours of overtime.
14
Q
When is the four hour minimum not given?
A
When they are called in early. The four hour minimum does not apply. In this event the employee shall receive overtime pay for the actual time worked prior to the tour.
15
Q
If a person is commuting are they compensated overtime?
A
Provisions of overtime is not applicable to an employee who in the course of commuting to work, is recalled to do it. Said duty shall be considered non-compensable overtime service.
16
Q
For night shift differential what is an employee given?
A
They shall be given an hourly benefit of 1$ for 40 hours a week (40$ a week differential) for a regular week of work.
17
Q
For night shift differential the hourly amount shall be considered for what?
A
Such an hourly amount shall be considered as regular compensation for pension, retirement and career incentive pay purposes.
18
Q
What does article 9 have to do with in the CBA?
A
Sick Leave
19
Q
How much Sick leave does a person accrue Every two weeks or 80 hours biweekly?
A
4.61544 hours (or 4.6 hours)
20
Q
How is sickleave granted?
A
Like ADM-11 sick leave is granted at the discretion of the Colonel.
21
Q
How much sick leave May an employee take for anyone who lives in their household to include spouse, child, parent of either employee or his or her a spouse or a living relative or a nanny friend or cousin that lives with you?
A
May take up to 30 days per calendar year.
22
Q
How much time may an employee use per calendar year for parental leave due to the birth or adoption of a child?
A
A maximum of 30 days per calendar year. To be concluded within 12 months of the date of the birth or adoption.
23
Q
The benefit of the 30 days a parent is able to use for birth or adoption is in addition to what?
A
This leave benefit shall be in addition to the 10 days of paid leave set forth in article 12, section 1F.
24
Q
How much sickleave may you take before having to be required to undergo a medical examination to determine fitness for work?
A
Following a sickleave in excess of five consecutive workdays an employee may be required to undergo a medical examination.
25
How is sick leave charged?
In units of 1/2 or full hours.
26
What happens to an employee who has no sick leave left?
An employee having no sickleave who is absent due to illness may be placed at the discretion of the employee on available vacation leave under article 13. Additionally the Colonel may grant such employee leave without pay only upon written request by the employee.
27
If a person abuses the sickleave policy what can the Colonel require if a person calls in sick?
The Colonel may require the submission of satisfactory medical evidence that a person is sick. Failure to produce such evidence within seven days of its request may result at the discretion of the Colonel in the denial of sick leave for the period of absence.
28
What does article 10 have to do with?
Paid personal leave.
29
How much does an employee get for personal leave a year?
During the first full pay. In January each employee is accredited with 5 paid personal leave days.
30
When may an employee not get five personal paid leave days?
If they were hired after January 1, 2014 they will only be given three paid personal leave days.
31
An employee hired after 1 January will be credited with personal leave days but how much will they get if they are hired between January 1 and March 31?
Three days.
32
If a person is hired between April 1 to June 30 how many personal days do they get?
Two days
33
If a person was hired between July 1 and September 30 how many personal leave days do they get that year?
One day
34
If a person is hired between October 1 to December 31 how many personal days will they get for that year?
Zero days
35
If two or more employees want to take a personal leave day and there’s not enough people for the shift what will the personal day preference be given to?
Senior employee will be given preference except in the case of unusual circumstances.
36
In what increments may you take personal leave?
They may only be taken in 2 hour blocks.
37
If you were working a detail how much personal time may you take?
Half hour segments with the approval of the Colonel.
38
What happens if you don’t use your five personal days in a year?
Except for exceptional circumstances you will forfeit the personal days if you do not use them.
39
What does article 11 in the CBA have to deal with?
Bereavement leave
40
Who may you take bereavement leave for?
For the death of a spouse, child, parent, brother, sister, grandparent, grandchild, or parent of spouse, or person living in the household. A person living in the household may include a friend, nanny, or roommate.
41
How much bereavement leave can a person take?
A maximum of four calendar days not work days
42
What does article 12 of CBA have to do with?
Family and medical leave
43
When is a member able to take family leave?
If a member has been employed for at least three consecutive months
44
As a member that has three or more months wants to take family leave what has to be given By the employee?
A notice of his or her intention to return
45
How much unpaid family leave of absence may a member take?
Up to 26 weeks for the birth of a child, adoption of a child, placement of a child in foster care.
46
If you take family leave for a child birth or adoption, when must it conclude?
Must conclude within 12 months following the birth adoption or placement of a child
47
If a full-time employee and their spouse both work for the Commonwealth how much family leave are they allowed to take?
They shall be allowed jointly limited to 26 weeks.
48
If an employee takes unpaid leave of absence will they accrue leave?
If they take unpaid leave they will not receive pay but they will accrue Sick and vacation leave benefits for the first eight weeks only of unpaid leave.
49
During family leave taken for the birth, adoption or placement of a child how many days will they receive his or her pay?
For 10 days of that leave taken.
50
When do the 10 days of Family leave have to be used?
They may be used intermittently over the following 12 months.
51
For the placement of a child, 10 days of leave may not be charged in the increments of less than how many days?
May not be charged in increments of less than one day.
52
For the 10 days given for the birth of a child if both employees work for the commonwealth what happens?
They shall jointly be entitled to the combined total of not more than 10 days.
53
What happens to employees health insurance while they are on family leave?
The employee shall be entitled to group health insurance coverage benefits the same terms provided that the employee agrees to pay the required employee share of the premium while on leave.
54
Explain when medical leave shall be granted?
Colonel shall grant to an employee who has completed probationary period or has been employed for at least three consecutive months, was given notice of their intention to return, unpaid leave of absence for up to 26 weeks for the following:
For a person who has a serious health condition If they fall under the following:
-To care for a spouse, child, parent, sibling ( if they don’t live in the house)
-To care for any individual living in the immediate household
OR
-For a serious health condition of the employee from being able to perform at the functions of his or her position.
55
What happens to full-time employees for both spouses That work for the commonwealth how long shall they be given medical leave?
They shall be jointly limited to 26 weeks together. If the leaves requested for the husband other wife’s on serious condition the limitation does not apply.
56
What is the definition of “serious health care condition”?
Defined as an illness, injury, impairment or physical or mental condition that involves any period of incapacity or treatment in connection with or consequent to inpatient care
- any period of incapacity for more than 3 calendar days that also involves treatment
- continuing treatment by a health care provider for chronic or long-term health conditions that is incurable or so serious if not treated would likely result in a period of incapacity from more than 4+ calendar days or for prenatal care.
57
What is continuing treatment by your Health care provider defined as?
Treatment two or more times for injury or illness.
- An injury or illness by healthcare provider services which results in a regiment of continuing treatment
- Continuing supervision but not necessarily being actively treated by healthcare provider due to a serious long-term or chronic condition or disability that cannot be cured.
- Voluntary or cosmetic treatments will not be considered a serious health condition.
58
What happens if the colonel has reason to doubt the validity of the medical evidence?
Colonel may obtain a second opinion at the employer’s expense. In the event there is a conflict between the second opinion in their original medical opinion, a third opinion may be obtained . The 3rd is approved jointly by the Colonel and the employee at the employers expense. The third opinion shall be the final and binding opinion. Colonel does not have the final opinion in this case.
59
What is non-FMLA family leave?
Leave that is given to care for or to make arrangements for the care of a grandparent, grandchild, sister or brother living in the same household, or a child whether or not the child is the natural, adoptive, foster, step child or child under legal guardianship of the employee. Employee may be granted non-FMLA family leave Not to exceed 10 weeks.
60
What do you need to know about non-FMLA family leave 10 weeks granted?
This 10 weeks of leave Shall be without pay or benefits for such period.
61
What else do you need to know about the 10 weeks of non-FML a family leave?
10 days of the non-FMLA family leave out of the 10 weeks may be taken in less than one day increments. However such leave requires their prior approval of the Colonel.
Also an employee between periods of Non-FMLA leave where the employee returns to the payroll for. Less than two weeks, if a holiday falls during that time, no holiday pay or compensatory time shall be granted for the holiday.
62
How much notification do you need to give to get approved for non-FMLA family leave?
Must give at least 30 days notice in advance, the employee shall submit through channels, a written notice of their intent to take family leave, medical or non-FML a family leave, including the dates in expected duration of such leave. If 30 days is not possible it should be given as soon as practical.
63
Explain intermittent leave?
Instrumentally leave usage and modified work schedules will be deducted from the total 12 weeks of allowed leave for the following circumstances:
The birth of a child adoption or placement of a child in foster care, -where a spouse, child or parent has a serious health condition and is dependent upon the employee for care, -where the employee has a serious health condition.
-Where intermittent or modified work schedule is medically necessary for the birth, adoption or placement in foster care
-the employee or the Colonel shall attempt to work out a schedule which meets employees needs without unduly disrupting the operational needs of the department.
64
If an employee takes family leave the Colonel may assign backfill. How does this work?
Colonel may assign an employee temporarily to fill in for the employee on family medical or non-FMLA leave. The backfill is only for a duration of the leave involved and can be implemented involuntarily to an employee with less than five years of seniority.
65
What does Article 13 have to do with in the CBA?
Vacations
66
When does the vacation year start?
First full pay period in January and goes through December 31 at the same calendar year
67
How much vacation time is accrued for employees?
```
Vacation time is accrued biweekly:
Less than 4 yrs. 3+ hrs
4 to 9.5. 4.+
9.5 to 19.5. 6+
19.5 +. 7+
```
68
What is the definition of “credible service”?
Credible service is if there has not been any break of three years or more in such service.
69
How much does an employee accrue for vacation hours if the full-time employee is on leave without pay and or absent without pay?
They shall not accrue vacation hours during this period.
70
In cases where vacation leave request conflict what happens?
The leaves should be given to an employee on bases of rank and then by basis of seniority in rank.
71
What is a Colonel responsible for for vacation time?
Colonel is charged with a responsibility of seeing that vacation leave credits are taken in the succeeding year and order that the employee does not lose vacation leave credits. Each employee shall receive annually on or before October 1, as of September 1 a statement of his or her available vacation leave credits.
72
How can people take their vacation hours?
Vacation time is allotted to be taken into hour segments. If it is for the purpose of working pay details vacation may be taken and 1/2 increments.
73
When does each vacation week start?
Vacation week starts on Saturdays
74
How much time may an employee take for summer vacations?
If an employee has less than 10 years service they are allowed to take one week during the summer.
For employees with 10 years of service or more they may take two weeks of summer vacation a year
75
When do summer vacations periods start and end?
June 1 through September 30.
76
How many days at a time can you take for vacation leave during the summer?
You may take one day increments of vacation time. However when that one day summer vacation conflicts with the schedule of a person who took one week vacation the one week vacation shall have a preference regardless of seniority
77
If an employee is on paid injury leave and has too much vacation leave use or lose, what happens under the provisions of section 5 of this article?
Normally an employee would lose such vacation credits but the Colonel shall convert the vacation leaves to sick leaves on June 30 of the year in which such vacation leaves would be lost if not taken.
78
What does article 14 have to do with?
Holidays
79
What do we need to know about holidays?
When a holiday occurs on a day that is not an employees regular workday that person shall receive pay for one day at his regular rate, or comp day off with pay within 90 days.
80
What happens if an employee is required to work on a holiday?
The employee shall receive a comp date off with pay. If a comp day cannot be granted because of shortages of personnel they shall be entitled to pay for one day at his or her regular rate of pay in addition to pay for the holiday worked.
81
What happens to an employee who is on leave without pay for a holiday?
Employee shall not receive holiday pay or comp day for the holiday.
82
What happens to employee who is granted sickleave for holiday?
Then that person shall not receive holiday pay or comp day off for the holiday they will just take sick leave.
83
What does article 15 have to do with the CBA?
Employee expenses
84
When an employee is authorized to use his or her personal vehicle for travel to employment how much money do they get?
$.22 per mile
85
An employee who is required to commute to his assigned duty station from their home 75 miles or more one-way shall receive what?
Effective January 2, 2000 and employee shall receive a weekly (NOT BI-weekly) differential of $75.
86
An employee who works three or more hours of authorized overtime on a day other than the regular workday shall be reimbursed for what?
```
Shall be reimbursed for expenses for meals not to exceed the following amounts:
Breakfast $2
Lunch $3
Dinner. $5
Midnight snack $2
```
87
An employee who is assigned to duty that requires him or her to be absent from their home for more than 24 hours shall be reimbursed what?
Shall be reimbursed for lodging, and meals to include tips not to exceed the following amounts:
Breakfast. $2.50.
Lunch. $4.00
Dinner. $7.00
88
How much money does every employee get for hazardous duty bonus?
As of January 2017 all employees shall receive an annual bonus and the amount of $700.
89
What does article 19 of the CBA have to do with?
The safety committee
90
Explain the safety committee?
A department safety committee shall be established (6 member committee)consisting of 3 members designated by the Association and 3 members designated by the Colonel. This meeting shall be bimonthly. Its function to review reports of accidents and injuries of employees to recommend to the Colonel appropriate actions to correct unsafe conditions and unsafe acts and practices. The committee shall also review major purchases of vehicles and equipment for the same reasons.
91
What does article 22 of the CBA have to deal with?
The grievance procedure.
92
How many steps are there in the grievance procedure?
There are five steps
93
What is the definition of grievance?
The term grievance shall mean any dispute concerning the application or interpretation of the terms of this collective bargaining agreement.
94
What is Step I of the grievance procedure?
21/10
An employee or association shall submit a grievance in writing to the employees Troop Commander Section Commander/Director no later than 21 calendar days after the occurrence of the alleged grievance. The Troop Commander or Section commander shall meet with the employee and or association for review of the grievance and shall issue a written reply to the employee or association by the end of 10 calendar days.
95
What is Step II of the grievance procedure?
10/10 4
In the event the employee or association wishes to appeal an unsatisfactory decision at step one the appeal must be presented in writing to the appropriate division commander within 10 calendar days following the receipt of the Step 1 decision. The appropriate division commander shall meet with the employee or the grievance committee of the association not to exceed 4 association members to the grievance and shall issue a written reply to the employee or association by the end of 10 calendar days.
96
What is Step III of the grievance procedure?
10/10 5
If it is a big enough a grievance the association can actually begin the grievance process at step three.
However in the event the employee or association wish to peel appeal an unsatisfactory decision at step two with appeal must be present presented in writing to the Colonel within 10 calendar days following the receipt of Step II decision. The Colonel shall meet with the employee and or grievance committee association not to exceed 5 Association members for the review of the grievance. They shall issue a written reply to the employee or association by the end of 10 calendar days following the day on which the appeal was filed.
97
What is Step IV in the grievance procedure?
14/21
In the event the employer association wishes to appeal unsatisfactory decision at Step III, the appeal must be presented to the human resources division, Office of Employee Relations (O.E.R.) within 14 calendar days following the receipt of the unsatisfactory decision. The OER shall issue a written reply by the end of 21 calendar days following the date in which the appeal was filed or, if a conference is held by the end of the 21 calendar days following the close of the conference.
98
What is Step V of the grievance procedure?
21
Grievances is unresolved at Step IV may be brought to arbitration solely by the association by filing a completed Request for Arbbitration Form, with the director of OER within 21 calendar days following the receipt of the Step IV decision.
99
After step five of the grievance procedure what happens?
The decision or award of the arbitrator shall be final and binding
100
What do you need to know about a resolution of a grievance at either Step I, II or III?
A resolution of a grievance at any of these steps shall not constitute a precedent.
101
What does article 23 of the CBA have to deal with?
Personnel records
102
What are employee rights when it comes to their personnel records?
An employee shall have the right, upon request, to examine and copy any and all materials including any all evaluations contained in his/her department personnel folder.
103
Who else has access to a persons personnel records?
The association shall have access to an employee’s personnel record upon written authorization buy said employee.
104
What happens when material is inserted and employees department personnel folder?
No person shall be promptly notified and give them a copy of such material.
105
What does article 24 of the CBA have to deal with?
Union management committee.
106
What is a union management committee?
A committee that she consist of 3 representatives designated by the Association and 3 representatives designated by the Colonel. The committee shall meet bimonthly or more frequently by mutual agreement, for the purpose of providing a means for continuing communication between parties for promoting a climate of constructive employee relations.
107
What does article 25 have to deal with?
NO STRIKES
108
Besides no strikes what do you need to know under article 25?
Neither the association or any employee she engage in, induce, support, encourage or condone a strike, works stoppage, slow down or withholding of services by employees. Meaning you can’t say don’t write any tickets or encourage someone not to do that because they’re unhappy with the MSP job.
109
What does article 27 of the CBA have to deal with?
Procedure for personnel investigations.
110
What are the two most important articles of the CBA?
Article 27, procedures for personnel investigations
And
Article 38 drug testing/rehabilitation
111
What are the procedures for personnel investigation?
There are 11 steps of the procedure for personal investigations.
112
What is an interrogation for personal investigations?
If under investigation for misconduct or subject of any investigation inquiry which may relate or lead to misconduct investigation no employee shall be required or requested directly or indirectly to submit to interrogation which could lead to disciplinary action. But there are exceptions to this.
113
What are the exceptions to the interrogation of an employee? How should interrogation take place?
The interrogation should be at a reasonable hour, preferably when the employees on duty and during daylight hours unless exigencies of the investigation dictate otherwise.
- The interrogation shell take place at the employees work location or within the Troop or general headquarters whenever possible
- The employee shall be informed of the rank, name and command of the person in charge of the investigation as well as the rank common name in command of the interrogator and the identity of all persons present during the interrogation.
- The employee shall be informed of the nature of the investigation before the interrogation including the name of the complaintance. The address of the complaint and or witness did not be disclosed. Sufficient information to apprised employee of the allegations will be provided. If the complaint is filed in writing a copy shall be furnished to the employee if here she requests it. Also if the employees being interrogated as a witness only he or she will be informed at the beginning.
114
How should the interrogation take place?
Shall be completed with reasonable dispatch. Reasonable response which are rest, Access to notes or get witnesses lined up. The employee shall be afforded an opportunity to have necessities, meals, telephone calls and rest periods as are reasonably necessary as well.
115
During the investigation what shall not happen to the employee?
Employee shall not be subjected to any offensive language, nor shall I be threatened with the transfer, dismissal, reassignment or other disciplinary punishment. No promises or rewards shall be made as an inducement to answer questions.
116
How is interrogation documented?
An employee may be recorded mechanically or by departments did not griffer and the employee may be given an exact copy of the interrogation upon request. Also The employee can make their own recording.
117
Can you consult with counsel during your interrogation?
Although there’s no obligation to the department provide an opportunity for an employee to consult with a counselor or anyone else however the department will afford an opportunity to consult with counsel before questioning especially concerning a violation of the rules and rags. The interrogation may not be postponed for the purpose of council past 10 AM of the following day of the notification of the interrogation. The exception to this is if a later date is mutually agreed-upon. Prior to the commencement of any interrogation a Department must notify the spam Troop representatives of the Involved employee.
118
What happens if an employee refuses to answer pertinent questions?
Subject to applicable law the refusal by an employee to answer pertinent questions may result in disciplinary action. Under article 12 immunity may be given in order to answer questions. If immunity is given and then the employee still refuses to answer questions they can fire you.
119
What is miscontact referred to regarding personnel investigations?
Misconduct referred to shall mean any matter relating to the employees employment which may constitute any violation of the rules and regulations for the government of the department of the state police or other law, rule, ordinance, regulation order or the lake with me and per pose any burden or obligation to the employee or subject him or her to possible disciplinary action.
120
What happens if a written report is requested?
If a written report is requested the employee will be allowed reasonable time to file the report, within 24 hours or by 10 AM the following day. Unless mutually agreed by the employees supervisor and the employee the report may be submitted on a later date.
121
What does article 28 have to deal with?
Transfers
122
What do you need to know about involuntary transfers?
Involuntary transfers may be made in accordance with departmental needs to go to the department. However involuntary transfers will not be made for the purpose of harassing employees.
123
When may a employee be allowed to bid on transfers?
Troopers and first class troopers with five or more years of credible service will be allowed to bid on transfers.
124
How old transfers be awarded?
Based on seniority with the procedure set out by the Colonel. Request for transfers shall remain on file until honored or withdrawn.
125
What do we need to know about specialize units and transfers?
Employs the sign to specialized units within the division of field services shall be exempt from the provisions of this article. However this exemption shall not prevent an employee from being able to bid out of such positions.
126
What does article 29 have to deal with?
Court time.
127
Why do we need to know about court time?
You’ll be given a four hour minimum for court purposes.
128
What is article 30 have to deal with?
Pay details
129
What do you need to know about paid details?
- No employee may work more than a total of 16 1/2 hours in a 24 hour period or more than 85 hours in one week. -Employees under the 85 hour maximum in a given week Will be eligible to work one additional eight hour assignment for that week.
- No employees may work more than a total of five 16 1/2 hour days in one week.
- Work Shelby define to include hours actually worked during regularly scheduled duty, overtime, Court time and pay details.
130
When are you not allowed to except a paid detail?
If doing so would require the employee not work regularly scheduled time or time for other work obligations such as court appearances of which the employee is aware.
131
When was the employee have to contact the paint detail office?
Employee assigned to a paid detail Shall contact the person in charge with Administering pay details or the troop duty officer immediately in the event that pay detail exceeds the hours of work allowed in a 24 hour period, or in the event of an emergency.
132
In the event a pay details extended and the extension will exceed the hourly limitations of this article what should happen?
The employee shall notify the Troop Commander who shall act as a Colonel’s designee and deciding to waive the requirements of this article. You will NOT contact the Duty Office, you will contact the Troop Commander.
133
What does article 32 have to do with?
Clothing allowance
134
Who gets a clothing allowance and how much do they get?
Employees required to perform work and civilian clothing shall receipt and annual clothing and clothing maintenance allowance of $750 which shall be paid in two payments of $375 each time from the appropriate account on or about December 31 and honor about June 30 of each year.
135
What does article 36 have to do with?
Physical fitness program
136
What do we need to know about the physical fitness program?
Members shall Be allowed time for physical fitness 4 times at 60 minute durations. In the event multiple people asked to work out at the same time the senior person shall be given the allocation of opportunity to use it if all request cannot be accommodated.
137
What happens if an employee is injured during his physical fitness Examination?
It is regarded as work related injuries for the purposes of injury leave and compensation.
138
What happens if you were injured during your PT hour?
You are not covered under this article.
139
What happens if an employee does not pass his physical fitness examination?
The member will be eligible to retake the test two additional times during the subsequent six months. Any employee failing the test for a third time will be subject to a TDY assignment and will be assigned to the training academy at New Braintree. Such TDY assignment shall continue until the poor employee successfully passes the physical fitness test.
140
When will the employee have the opportunity to retake the test if the employee fails to pass a physical fitness examination?
They will be able to undergo a further test not more than 16 weeks following the first physical fitness examination but as soon as the employee desires to retest with proper medical clearance.
141
If the employee sales to pass the second test what happens?
The employee will be eligible to take a third test not more than 16 weeks following the administration of the second test. An employee may take the retest at any point within that 16 week timeframe with proper medical clearance. No employee will be required to take the test prior to the 16 weeks from the administration of the last test.
142
When will the employee have to take the third Physical fitness test?
The exact date of the third test will be provided to the employee not less than two weeks prior to the date established for the third test.
143
What happens if the employee fails to pass the third physical fitness examination?
The employees continued employment will be subject to review into disposition consistent with all relevant circumstances.
144
What does the department in State Police agree to make available to employees for physical fitness?
Employees may request certified for physical fitness and nutrition subject matter for purposes of assisting the employee to further their physical fitness training regimen such a physical fitness consultant shall be available upon request by the employee. In order to take advantage of this employee shall be granted leave with full compensation for whatever time is necessary during each of the two shifts each the school year for the purpose of consulting with the department resource person. An employee shall provide at least a five day calendar notice for his or her request for such release time.
145
What does article 37 of the CBA have to deal with?
Drug testing and rehabilitation.
146
For the purpose of drug testing in screening what is the first principle of the department for the employee?
First principal is a commitment by the employer and the department to fairness intesting.
147
What is the second principal for drug testing and rehabilitation?
Deterrence for drug use.
148
What is the third principal for drug testing rehabilitation?
Detection
149
What is the fourth principal and drug testing and rehabilitation?
Rehabilitation
150
What is the fifth principal and drug testing and rehabilitation?
Enforcement. Enforcement is essential of deterrence, rehabilitation and detection are to be successful.
151
What are the five principles of drug testing and rehabilitation?
1) Fairness in testing
2) Deterrence
3) Detection
4) Rehabilitation
5) Enforcement
152
What will drug testing be based on?
Reasonable suspicion. Reasonable suspicion for drug testing is based upon specific objective facts and reasonable inferences drawn from the facts, reasonable in the light of experience that the individual may be involved in the use of any illegally used drug, controlled substance or Marijuana.
153
What may reasonable suspicion be based upon?
Comparable fact patterns to include the following:
1) An observable phenomena Such as direct observation of illegal use of possession of drugs or other physical symptoms of drug use
2) A document bolt pattern of abnormal conduct or erratic behavior while on duty
3) Arrest, indictment or convection for drug-related Offense or the identification of an employee through an affidavit Into illegal drug use or trafficking.
4) Evidence said employee has tampered with a previous administered drug test or has misled the department regarding past or present illegal use of drugs
5) Repeated or flagrant violations of the departments rules and regulations what you’re not attributable to other factors in appeared to be related to drug use
6) A documented Written report an affidavit form providing reliable and credible sources such as other in law-enforcement agencies
7) Causing an accident which causes death or injury to another.
154
For the article of drug testing and rehabilitation what is causing an “accident” defined as?
- An unplanned, unexpected and unintended event
- which occurred on department property, department business or during working hours and
- initially appears to have been caused wholly or partially by an employee and results either in fatality, injury requiring medical treatment, or damage to property in excess of $2500.
- Also an accidental discharge of a firearm is also covered under this article.
155
Any one of these four things maybe reasonable suspicion for drug testing what are they?
- Being on duty on department property, department business, or during working hours
- Bing off-duty in a department vehicle
- The accident appears to have been caused wholely or partially by the employee
- Results and either a fatality, injury requiring medical treatment, and damage to property in excess of $2500.
156
How does the initial determination of results suspicion occur?
The supervisor/superior officer making the initial determination of Rizal suspicion shall document, in writing, all circumstances and information and facts leading to and supporting his or her suspicion. The report will include appropriate dates and times of suspect behavior, reliable/credible sources of information, rationale to leading to referral of testing in actions taken.
157
The determination of Reasonable suspicion Shall be made by who?
Determined by those employees holding the rank of lieutenant or above. Those holding the rank of sergeant shall not be required to make any determination of reasonable suspicion, but shall be required to provide information and or testimony where applicable.
158
If a question of reasonable suspicion comes up what shall the supervisor/superior officer do?
In order to determine reasonable suspicion the supervisor/superior officer shell consult with a second supervisor of a higher rank and they should jointly decide whether reasonable suspicion exists and if the employee shall be referred for testing.
159
Who needs to be notified of required testing?
The association shall be notified immediately and all documents will be made available to the association, if approved by the employee.
160
Once the association is notified of reasonable suspicion for drug testing what happens?
The president of the association Or his or her designee shall as soon as possible we are practical discuss with the supervisor/superior officer to determine if reasonable suspicion exists for the employee to be ordered to drug testing if after consultatian they believe that reasonable suspicion exists employee will be tested.
161
What are the rights employee has if there are ordered to drug testing?
He or she will be allowed to appeal the decision based on the procedures outlined in section 5 of this article. If under appeal the employee will be required to provide a urine sample outlined here, but such sample shall not be tested until the final determination is made after the appeal process.
162
What happens if an employee refuses to submit to a drug test?
This will Be considered insubordination and the employee will be subject to discipline according to rules and regs.
163
What happens of a supervisor determines an employees condition or behavior causes potential threat of harm to self or others?
The employee will be immediately escorted to the collection facility in the employee shall be placed on administrative leave.
164
Once the employee has been referred for drug testing Based on reasonable suspicion what happens?
It will be the responsibility of the supervisor or the superior officer to advise employee of the decision and they must score the employee to the collections facility. The superior officer or supervisor shall remain with the employee at the collection site until testing is concluded.
165
What happens at the time of drug testing?
At the time of drug testing the employees urine sample will be divided into two collection bottles called “split sampling”. If a specimen is reported as positive the employee may have the untested specimen independently tested by a laboratory license by the Massachusetts Department of Public health to perform testing upon written application to the Colonel within 10 days of the notification of a positive result.
166
At the time the employee has to give a urine sample what shall they also provide a statement of?
The employee shall also provide a confidential written statement as to whether here she is using any prescription drugs.
167
If an employee’s test come back negative or the employee is successful and appeal on the grounds of reasonable suspicion What happens?
The urine samples shall be destroyed and no material on such test placed In the employees personnel file.
168
In accordance with MGL chapter 94 see what will all drug tests Be tested for?
They should be tested for the following five classes of drugs or their metabolites:
1) Marijuana
2) Cocaine
3) Opiates
4) PCP
5) Amphetamines
Search other drugs or their medical lights include but not limited to, LSD, Methaqualon, Barbiturates and benzodiazepines
169
What are the consequences of a positive drug test?
An employee tested under a “reasonable suspicion “drug test, a random drug test, a post incident drug test or the time of his or her annual/biannual physical and they test positive for the first time shall be allowed to enter a recognized, certified rehabilitation program, in-state or out-of-state in Lieu of discipline with full support in encouragement of the department.
170
If an employee goes to rehab what must the employee provide the department with?
An employee must provide documentation to the Colonel regarding entry into the successful completion of a drug rehab program. The documentation will indicate that the rehab program is a certified, recognize program of the mass department of public health. In addition the employee shall provide the Colonel with proof of successful completion of said rehab program.
171
What happens the first time and employee fails to complete rehab?
Any employees a failure to successfully complete the rehab program may be subject to discipline and employee may be required to undergo further rehabilitation.
172
What happens if there’s a second unsuccessful attempt at rehab?
After a second unsuccessful attempt at rehab the subject may be disciplined, up to and including termination.
173
After successful completion of a drug rehab program what happens upon return to duty?
The Employee shall be subject to random drug screening test for a period of 24 months during which time any positive result may result in termination. An employee refusing to be administered a drug test during this 24 month period shall be terminated.
174
What happens for the appeal of decision to test under “reasonable suspicion”?
If the employee disputes a reasonable suspicion, the employee shall notify the department by filling out the proper paperwork at the time access specimen is provided by the employee. The laboratory shall be noticed simultaneously with the delivery of the specimen that the test is subject to protest. The sample shall be held no testing done until after the determination of the appeals process.
175
What happens with the dispute for reasonable suspicion?
The disbute shall be submitted Immediately upon provision of the sample, to a member of a neutral panel of arbitrators. The Shelby a list of 20 names on the arbitrator‘s list, 10 appointed by the HRD and 10 appointed by the association and listed in after a goal order. Each side will be able to strike five the names of the list. Pano should be appointed by the parties every 24 months and continue to be listed in alphabetical order. The Arbitrator shall preside over hearing within seven days and Shall issue a “bench determination“ at the close of the hearings as to whether the department had “reasonable suspicion“ to require the test. Should the operator determine that was reasonable suspicion the lab shall be instructed to immediately test the sample. Should the arbitrator determine there is no reasonable suspicion employee urine sample and all records shall be destroyed forth with. In the event the arbitrator determines that the department did not have Rizzo suspicion to order an employee to provide testing, the Colonel shall issue a letter of apology to the employee.
176
What do you need to know about random drug testing?
Drug testing is randomly selected by a computer generated list.
177
What do we need to know about post-incident testing?
Employee shall be subject to an immediate post test Drug test when involved in a “critical incident”
178
What is the definition of a “critical incident”?
Critical incident is defined as:
- the actions of any on-duty employee which results in the death of a person
- The operation of a vehicle on duty or anytime in a department vehicle off duty by employee which results in a fatal traffic accident or an accident causing any injury or property damage an excess of $2500.
- Also where the actions of an employee causes any physical injury or death to a person by the use of a firearm either on duty or off duty.
179
What does article 38 have to do with?
Voting, civic duty, military, education leaves, And blood donation
180
What do you need to remember about voting?
An employee is granted 2 hours of voting leave for the sole purpose of voting in the election.
181
What do we need to know about giving blood?
You’re given four hours to give blood.
182
What do we need to know if an employee is on leave for court?
An employee on court leave who isn’t been excused by the proper court authority shall report to his or her official duty station if such interruption in court will permit for a four or more consecutive hours of employment. Court leave shall not affect any employees rights of the individual. This is not if an employee is on their day off earning OT.
183
How much time does an employee get from military leave?
For an annual tour of duty and employee shall be paid 17 days of military leave.
184
How many hours may an employee work in one week?
No employee may work more than total of 85 hours in one week from 12 AM Sunday until 12 AM the following Sunday. Employees under the 85 hour maximum in a given Week will be eligible to work one additional eight our assignment that week.
185
How many hours may an employee work in a 24 hour period?
No more than a total of 16 1/2 hours in any 24 hour period.
