CBA Flashcards
(83 cards)
1
Q
Who is the CBA between?
A
LFUCG & FOP
2
Q
What does CBA pertain to?
A
The terms & conditions of the wages, hours, and working conditions of the Lex PD
3
Q
Who does CBA cover and not cover?
A
Covers sworn, non-Prob Ofcs & Sgts
Does not cover non-sworn, probies, or ranks outside Ofc & Sgt
4
Q
Who is sole rep of LFUCG?
A
Mayors rep & designee
5
Q
How does Probationary period work?
A
18 months from hire date on Probation, may be extended 2x in 90 day increments, for total of 6 months addl Probation, in extraordinary circumstances Probation may be extended beyond the 6 months if requested by Trainee and agreed to by LFUCG. In case of sick/military/disability/mod duty that exceeds 80 hours, Probation may be extended for that same length of time
6
Q
What rights does LFUCG retain with CBA?
A
Rights to
- determine org structure of PD and all parts
- promulgate policies & regs
- assign personnel
- make rules for hires & promotions
- set standards of performance & service
- relieve law enforcement powers, any suspension from pay is a ‘disciplinary action’
- eliminate positions
7
Q
How are strikes/work stoppages/slowdowns viewed?
A
- unlawful to engage in strikes
- Lodge shall not encourage any work slowdown or pickup in work production
- any member who engages in above may constitute cause for Termination
- mass resignations or call-ins shall be deemed strikes or work stoppages
8
Q
How are layoffs viewed?
A
- if layoff necessary, LFUCG will notify all members and Lodge at least 30 days from layoff date, layoffs done inverse order of seniority
- any member receiving notice of layoff has 10 days to bump least senior member within same or lower rank, that member then has 10 days and so on
- members laid off shall be placed on Recall list for 30 months, if recalled back placed at same grade & seniority at time of layoff, notice of recall sent by certified mail return receipt requested
- recalled members have 10 days following mail receipt to notify LFUCG of intention to return to work, and 14 days to return to work unless other date specified
- a laid off member has right to receive payment for all V/H time in bank
- health/life insurance coverage continues til end of next full month after layoff date
9
Q
What are ‘days’ in CBA?
A
Calendar days unless otherwise specified
10
Q
How does Lodge view membership?
A
Not a condition of employment, members have right to join / not join, Lodge shall represent all members regardless
11
Q
Can LFUCG discourage membership in the Lodge?
A
No
12
Q
How do members join/withdraw from Lodge?
A
Written notice to Lodge & LFUCG
13
Q
How do members pay union dues?
A
Regular payroll deductions each month, they’ll continue until member revokes consent by written notice to LFUCG & Lodge, dues always deducted from 2nd pay period each month, LFUCG delivers dues to Lodge Treasurer by 15th of next month
14
Q
How often Lodge need to certify amount of union dues?
A
Annually in writing to LFUCG, if dues changed LFUCG will deduct new amount on next calendar month after the change
15
Q
How do non members contribute for CB expenses?
A
Non members may compensate Lodge for CB expenses incurred for negotiating, Lodge informs LFUCG and non members by 12/15 of each year, non members authorize by monthly payroll deduction
16
Q
How does Union Business time work for Lodge reps?
A
Lodge may select up to 8 persons plus President to rep Lodge during negotiations, without loss in compensation, straight time only, provide notice to Chief 14 days ahead, 48hrs notice beforehand of change in reps
17
Q
How does Union Business time work for Grievances?
A
A max of 3 reps from Lodge plus Pres allowed time to process grievances, straight time only, 3 reps designated within 30 days after CBA made, changes to reps must be sent to Chief 48hrs before change, only Pres plus 1 of reps eligible per Grievance meeting
18
Q
How does Union Business time work for Gen Assembly?
A
Lodge may select up to 4 reps who can attend up to 80 hrs of KY Gen Assembly, Pres can’t be rep, reps submitted to Chief at least 14 days beforehand
19
Q
How does Union Business time work for Presidents time?
A
If Pres is active sworn member of LPD, he has 500 hrs for Lodge business each fiscal year, and can let reps use time for him
20
Q
How does Union Business time work for Natl Conference & State Lodge Board?
A
Chief authorizes leave with pay for 7 elected delegates to attend
21
Q
How does Union Business time work for Local Board time?
A
Elected board members can attend meetings without loss in pay up to 6 hrs a month, with 48 hr sup notice
22
Q
What does LFUCG provide the Lodge for notice posting?
A
Designated space on bulletin boards, must be in good taste
23
Q
Can Union Business time ever be OT?
A
No, straight time only
24
Q
When does Seniority begin?
A
First date of employment as Trainee, alternates have same as rest of class, any KY Police Corps Program member from classes 06/2001 and 06/2002 have that Basic date as their seniority date, besides for promotions & pension benefits
25
Seniority is continuous unless what ?
Terminated
Laid off more than 24 mos
Doesn’t return to work 30 days after layoff recall
Resigns, unless comes back within 1 year and loses time he was gone but gets rest back after 1 year
26
How does anni date get figured for members who resign and come back?
Original hire date adjusted forward length of time they were gone, step increases continue as normal immediately
27
How does seniority work for Sgts?
By date of promotion, if that dates the same for 2 Sgts then prom list ranking
28
How does seniority for tied Ofcs work?
Goes by final class ranking, seniority shall be a factor for specialized schools, and LFUCG shall annually give Lodge a seniority list
29
How do sector bids work?
Bids handled twice annually, Ofcs will have min of 10 days from opening of bid process to submit their prefs to BOP Asst Chief, all goes by seniority
30
What are exceptions to seniority in shift bids?
The PD may make temporary assignments to fill vacancies til next bid
Seniority may be overlooked to prevent bulk of brand new Ofcs on same shift
31
How do beat bids work?
Based on seniority, sector Cmdr can overlook for legit managerial reasons
32
How do Sgt vacancies work?
Posted for min of 10 days, Sgt bidding for it with most seniority gets it, besides if overlooked to prevent bulk of brand new Sgts, temp fixes for that will be corrected within 90 days
33
How do non-Patrol units work for applying?
Must have 3 years by app deadline, must be posted for min of 10 days thru Dept wide email
34
How do part time special units work for applying?
Must have 2 years, however may be waived for non-Prob members with demonstrable skills
35
How long does part time unit list last?
3 months
36
How does FTO app process work?
Must have 3 years
37
What happens if only 1 or 2 members apply for an opening?
Dept may repost the position and applicants without min service reqs may be considered by Chief
38
How do different Bureaus establish lists for vacancies?
BOI may establish separate lists for each individual section within Crim Inv, Spec Inv section may estab separate lists for FSU, BG, Polygraph, CFU
BOSO may establish separate lists for units within Traffic
BOP may establish separate lists for each sectors NRO
Applicants must submit memos
ACs may transfer members of units within sections to other units in same section without using the lists
39
How must all vacancies be communicated?
Dept wide email at least 10 days before app deadline
40
How does interview process work for vacancies?
Applicants interviewed
Same interviewers & questions
Consider apps attendance record, discipline record within 5 years, most recent performance appraisal, spec training, education, seniority, interview quality
Weights assigned to each factor by AC, can change list to list
Interviewers rank applicants, certify by signature, keep for 6 mos for review by Lodge
Interview panel must consist of rank above being interviewed for, have at least 3 panelists, can have a qualified specialist from outside LFUCG
Ranked list good for 6 months
AC may fill vacancy by selecting one of top 3 on list
AC may remove app from list if just cause
41
How do Temp assignments work?
Chief may assign any member to temp specialists assignment, beginning and end date not to exceed 12 mos and not permanent position for
Chief may assign a member to any vacancy for up to 60 days before vacancy is filled
42
If an app refuses a position ?
Cause for removal from list
43
How do temp assignment work for member on leave over 60 days?
Chief may temp fill it with another member for duration of leave
44
What are the highly sensitive positions which Dept must notify members of openings in?
PIO
ROPE
CIS
PIU
P&A
ICAC
Crime Stoppers
Intel
Admin Assistants to Chiefs
Task Forces
Memos submitted to Chief, Chief has right to appoint highly sensitive positions
45
What units can Chief select commanders for without posting vacancy?
ERU
HDU
ASU
CNU
46
What are reasons for transferring a member from one position to another in Dept?
Voluntary request
Lack of funding
Admin reorg
Emergency
Change in members condition
Resolution of grievance or discipline
Need for addl personnel
Best interests of Dept
47
Involuntary transfers shall be based on what when due to loss of funding/admin reorg/need for addl personnel?
Seniority, except when affected member has less than 6 mos in affected assignment
48
If position eliminated by admin reorg gets brought back, how long do members have right to be reinstated?
18 mos
49
How do members get notified of involuntary transfer?
Written notice by Chief 10 days beforehand, stating reason for transfer unless Chief declares emergency or member waives 10 days
Any member who suffers severe hardship due to transfer may be granted extension of 14 days and up to 30 days if Chief approves
50
When shall Sgt or Lt vacancy be deemed to exist?
Position is vacant due to demotion, termination, death, resignation, retirement, promotion or creation of new position
51
How long does Chief have to notify members & Lodge of intent to fill Sgt or Lt vacancy? And how long to fill?
Within 10 days after vacancy occurs, and vacancy will be filled within 60 days of Chiefs notice
52
How many years of service to be eligible for Sgt?
6 years
53
How is service time calculated for Sgt & Lt applicants?
Sgt apps - from date of hire to exp date of promotional list currently in effect
Lt apps - from date of permanent appointment to exp date of promotional list currently in effect
54
When must educational requirements be met for Sgt & Lt applicants?
No later than 60 days prior to exp date of the promotional list currently in effect
55
Educational and service requirements for Sgt position?
Must have 6 years of service
Minimum 63 hours of college credit or an Associates Degree
May substitute relevant work experience for college credit - 1 year of satisfactory service counts for 5 hours of college credit
56
Educational and service requirements for Lt position?
Must have completed 2 years as a Sgt, calculated from date of permanent appointment
Minimum of a Bachelors Degree
57
3 steps of Sgt / Lt promotional process?
Written exam
Oral interview
Assessment center
58
Promotional process Written Exam details
Administered by HR
Applicants identified by # only
Passing score of 70% or more to pass
59
When are source materials announced for promotional process?
All material must be announced with a vendor list no later than 120 days prior to written exam date
PD will make available 10 copies of textbooks on list, for checkout 90 days ahead of written exam
60
Does Lodge Pres review promotional process written exam questions?
Yes, long as they are not participating in that process for promotion, Pres shall conduct a review of the questions and can suggest certain questions be stricken from exam
After that review, HR has exclusive control of exam questions
61
How do Promotional process written exam scores work?
Monitors grade them and provide raw scores before candidates leave site
Within 3 business days, complete listing shall be posted
Challenges to questions may be made for next 3 business days
HR will respond to any challenges within NEXT 3 business days
Final scores posted within 10 business days of exam
62
Who composed the promotional process Oral Board?
Chief, or designee from Lt rank or higher
Officer from a similar PD somewhere not smaller than Lex, or rank equal or greater than one being tested for, selected by HR
Instructor from accredited LE education program
Professional member of the community experienced in business, education, or government, not associated with LFUCG, selected by Commissioner
Member of the Lodge at rank equal or higher than one being tested for, selected by Lodge Pres
63
How do promotional process oral board scores work?
Candidates provided with raw score immediately after the board, HR shall post the final list of scores no later than 5 business days after interviews
Members have the right to view their scoring documentation from the board, if requested to HR within 5 business days of scores being posted, and members will receive copy of that documentation prior to the Assessment Center
64
How are promotional process written & oral scores combined?
Written is 50% and Oral Board is 50%
List of combined final scores must be posted no later than the day after the Oral Board scores are posted
65
Who proceeds to Assessment Center in a promotional process?
Top 30 candidates for Sgt process and top 15 candidates for Lt process
66
How is Assessment Center for promotional process set up?
- Shall be chosen by HR
- Staffed by qualified professionals
- Cannot be associated with any institution involved in certifying Lex PD Officers
Candidates rated in job knowledge, mgmt skills, supervisory traits
Ratings from Ass Center personnel get sent to HR
Ass Center personnel available to discuss scores if candidates request it in writing within 10 days of final score list posting
67
How is composite score of written/Oral/Ass Center produced for promotional process?
HR compiles the final list of scores
Written & Oral are weighted at 15% each for total of 30%
Ass Center weighted at 70%
Composite score list posted and sent to each candidate within 14 days of Ass Center scores being reported to HR, candidates shall be listed by name on final list
68
How are Sgt & Lt promotions chosen off the list?
Chief selects 1 of the top 3 ranking candidates, and at his discretion may interview them
Candidates may be proposed 3x to the Chief for consideration, but if not chosen all 3 times then candidate is removed from that promotional list. This removal does not stop them from trying on the next promotional process
69
What can cause removal from the promotional process list?
A suspension without pay as a consequence of formal discipline, within 1 year of the application deadline, candidate MAY be removed from list
If the suspension is for 80 hours or more then candidate SHALL be removed from list
70
How long does the Sgt & Lt promotional list last for?
2 years, unless exhausted sooner, in which case LFUCG can initiate a new promotional process for a new list
71
What happens if candidates have a tie on promotional process final scores?
Seniority will break the tie, if they have same seniority then their Ass Center score will be used to break the tie
72
Are the documents used during the promotional process protected from disclosure by law?
No, they shall be open to inspection by the Lodge counsel with reasonable advance notice
73
What is a Grievance?
The Lodge may file a Grievance following the steps listed in the CBA, but all Grievances must be signed by an affected member who believes they suffered as a result of a CBA violation
Grievances must be delivered in writing, considered ‘incomplete’ if unsigned
74
What does the term “grieved event” mean related to Grievances?
The time when the affected member knew or should have known about the circumstances leading to the Grievance
75
What are steps for a Grievance?
Step 1. Lieutenant
Within 14 days of grieved event, grievance shall be presented in writing (email) to affected members Lt
Lt then has 14 days to answer in written email to member & the Lodge
Step 2. Bureau Assistant Chief
If Lodge not satisfied with answer provided in Step 1, Grievance has 14 days from then to be presented in written email to Bureau A.C. or designated Cmdr
All parties meet within 14 days after being presented
AC shall provide written answer to member & Lodge within 14 days after that meeting
All Grievances affecting members of more than just 1 Bureau or multiple members of 1 Bureau will begin at Step 2 and skip Step 1
Step 3. Chief of Police
Same process as above except to Chief, 14 day limits
Step 4. Mayor
If Lodge & member still not satisfied with answer provided to Grievance, Lodge may appeal in writing to the Mayor or designee, and then follow same timeline and procedure as above
Step 5. Arbitration
If Lodge still not satisfied with answer, it can seek arbitration by notifying other party and requesting panel of 7 arbitrators from FMCS (Federal Mediation & Conciliation Service) within 21 days of Lodge making known its intention to seek arbitration
Arbitrators fees shared equally by each party, location of arbitration will be LFUCG facility or elsewhere mutually agreed on
Arbitrators have no rights to modify conditions of CBA
Arbitrators final decision is advisory only
76
What if a Grievance doesn’t meet time deadlines?
If Grievance not presented by established deadline, it is considered Waived
If it is not appealed to the next Step by the established deadline, it is considered Settled (by the last answer provided by LFUCG)
If LFUCG does not answer by deadline, Lodge notifies Chief and LFUCG gets 72 hr Grace period. If they still don’t answer after grace period, the Grievance is considered Confessed
77
What is the waiting period for any changes becoming effective in orders/policies/rules/regs/SOPs?
Not effective til notice of such has been emailed to Lodge and all members for 10 days before effective date
78
What binds members to any changes in orders/rules/regs/SOPs?
Signing them on PowerDMS upon receipt
79
Can polygraphs be done as a routine procedure for members?
No
80
Are members required to carry any firefighting equipment or apparatus while on duty?
No, only fire extinguishers assigned to Dept vehicles
However members are still free to assist with customary firefighting duties in emergency situations
81
Can LFUCG use covert electronic surveillance equipment to investigate members?
No, except for formal admin complaints or criminal investigations
82
Can LFUCG save GPS or Automatic Vehicle Locator info gathered from any veh/computer/radio?
Yes, in accordance with KY Dept for Libraries & Archives retention schedule
LFUCG will redact any data that could identify a members home address if data was to be released publicly
83
Are members required to submit to blood tests & urinalysis for drug screening?
Yes
