CBA Flashcards
1
Q
Two full-time paid union positions. Article 6. (all business on Union Stationary)
A
President and an E-board member. In addition to 10,000 hours/CALENDAR year.
2 BUSINESS days notice if possible to use the 10,000 hour bank notice to Troop/Section/Unit commander
2
Q
SPAM Bulletin Boards
A
Nothing shall be posted that is inflammatory, profane, obscene, or defamatory to the COMMONWEALTH.
3
Q
If a conflict exists with Rules & Regulations (Article 3)
A
CBA prevails (WINS!)
4
Q
Union Leave Granted for SPAM elected members (Does not include reasonable time for grievance prep)
A
6 for negotiations
3 for hearings
14 for barracks rep meetings.
5
Q
Not covered by 10,000 hour/calendar year bank. Article 6.
A
Grievance prep and attendance at grievance hearings.
6
Q
How many days notice to change your work schedule? (Article 8)
Exception: in case of emergency.
A
5 days WRITTEN notice to change work shift change.
No more than 5 days in 7 day period (40hrs/56 days)
Shift chosen by seniority whenever possible
7
Q
Work shifts/tours of duty/days off will not
A
…be changed to avoid OT. Duty office can’t make changes to avoid OT
8
Q
Overtime calculation
A
Time-and-a-HALF.
Calculated by the 1/4 hour (15min.) rounded up ex. work 10 min. rounded to 15.
9
Q
Emergency Personal Leave
A
May be used in 0.5 hour increments.
10
Q
Recalled outside tour of duty?
A
Min. 4 hrs. OT pay. (Doesn’t apply to: call in to shift early, i.e. storm patrol) Only paid for hrs. worked.
11
Q
Night Shift Differential
A
$1
12
Q
Details/Court Time
A
Not used in computing barracks OT last 5 week hours.
13
Q
How many ADO’s per year for 5/2 schedule? (Monday-Friday)
A
17
14
Q
Can you work over five days in training?
A
Yes, but get TDA
15
Q
What happens if travel/training on DOR?
A
Advanced workday to be taken upon end of assignment (TDA)
16
Q
No overtime for:
A
Schedule change for swap or shift change
Assignment change for in-service, physical fitness, exam promotional exam
Appearance as a defendant at trial board
When your schedule is changed for out of state assignment
17
Q
Compulsory Training
A
Posted; bid by seniority or be involuntarily assigned.
18
Q
In a state of emergency
A
The Colonel may cancel time off and can require additional hours.
19
Q
Weekly on-call pay is:
A
$40 - DIS (other units may apply for this at Colonels discretion)
20
Q
SICK LEAVE
Now accrued biweekly 4.61544.
A
To be taken in half hr. units
(4.61544 hours biweekly) effective 11/1/2015
Only accrued for hours worked.
21
Q
Sick leave granted for the following:
A
Personal injury/illness
Spouse/Child/Parent/Household member is ill.
22
Q
What is the maximum numbers of sick in family days allowable per year?
A
30 days per year (following seriously ill);
Spouse
Child
Parents
In-laws
Person living in household
NO 12 month concluded requirement LISTED.
23
Q
How many days sick leave allowed for birth, or adoption or foster care?
A
30 days concluded within 12 months
24
Q
If using 30 days SL parental leave for birth/adoption do I need to submit medical certification?
A
No, you shall not be required to submit a medical certification UNLESS the Colonel has reason to believe not genuine.
25
How many sick leave days allowed for PREPERATION for adoption/foster care?
10 days; however no more that 30 days of accrued SL per CALENDAR year for adoption related purposes
26
How many days paid leave per month for volunteer work?
1 day for Comm. School Volunteer/Mentoring Program (for foster care related activities).
27
SL is accrued_____(effective 11/1/2015
80 hrs./Bi-weekly pay period = 4.61544 hours.
28
SL SHALL be granted (at the discretion of the Colonel) when:
an employee is under the following conditions:
Cannot perform his duties because he/she is incapacitated by personal illness/injury.
29
If sick leave for over five consecutive workdays, you MAY need:
A doctors note/undergo a medical exam
Reasonably believe sick leave abuse, colonel may require medical evidence
MAY be represented by physician of choice.
30
What if I have NO sick leave credits?
MAY be placed on available VAC credits (at employees discretion, not automatic) (Colonel MAY grant leave without pay upon WRITTEN notice).
31
How many days do I have to produce evidence of illness?
7 days; FAILURE to produce may result (in discretion of Colonel) the denial of sick leave for period of the absence.
7 days = denial of sick time
32
If you are reinstated/reemployed, after less than _____ years, you will be credited with your prior sick leave credits.
3 years
33
What is the value of your sick leave paid out to you upon retirement?
20%
34
In the line of duty death, ____% sick leave paid out
20% to surviving beneficiaries, if none then to estate.
35
Personal days, on payroll as of 12/31/2013 (article 10)
5 days
To be taken by the last Saturday prior to the first full pay period in January
May be taken it in 8 hour, 2 hour, segments, half hour segment to prevent detail overlap
36
Personal Days on payroll as of 1/1/2014:
3 days per year January to March
2 days if hired April through June
1 they hired July through September
0 days hired October through December
37
PER time may be used in:
Use whole 8 hr, 2-hr. (that means 1/4 day) segments. If working details OR overtime, may be used in 1/2-hr. segments.
If using at end of duty day, only need to account for 8 hrs. that day. (ex. 2hr. PER; Paystation would be 1300-1500) (not the 1530 bullshit) (only leave time that allows this).
38
Leave time: when to account for the 1/2 hour in Paystation/run roster:
When taking VAC, SIC, COMP, HDO, EPL (ex. 0700-1530)
39
Compensatory Time (COMP time)
Earned in lieu of pay for OT worked. Replenishable. Use in 0.5 hr. increments for any purpose (unlike VAC and PER) Useful for taking odd amounts of time off (ex 3.5 hrs.) Still account for 8.5 hr. day, capped at 120 hrs.
40
Emergency Personal Leave (EPL)
Not a PER, technically its COMP time, only its use-or -lose time. 8.0 hrs. in January each year. If used incrementally, must account for the full 8.5 hrs.
41
Bereavement leave article 11
4 calendar [sic] days max if someone lives with you or parent, sibling, foster child, parent or child of spouse, grandparent, grandchild (within 30 days of death).
7 days (word calendar not used) of leave without loss of pay for death of spouse or child used (within 30 days of death). Does say upon "satisfactory evidence to Col."
42
Can you get a paid day off to attend a funeral?
Yes, upon evidence satisfactory to the Colonel, you may attend without loss of pay a funeral for a brother/sister-in-law, grandparent in-law, or grandchild in-law.
43
Out-of-state death notification
Out of state death/not received timely notification, may apply to Troop/Section/Unit Commander or chain of command for approval for an alternative arraignments to take leave.
44
Family Medical Leave Act
(FMLA) article 12
Full-time and completed probation or 3 months of employment, and with the NOTICE of the "intention to return"
26 WEEKS of unpaid leave of absence for :
BIRTH/ADOPTION/FOSTER placement, which concludes 12 months following event.
The employee SHALL provide the colonel proof of the birth, placement or adoption of child.
26 weeks Jointly limited with spouse if both are employees.
45
When intending to taking FMLA, how much advance WRITTEN notice do I need to give my chain of command?
30 days; if such notice is not possible, I shall give notice as soon as possible.
46
When taking FMLA leave how long do you accrue SL and VAC for?
For the first 8 weeks.
47
When taking FMLA leave, your salary is paid for the first_____ days.
10 days (maybe be taken in one day increments over 12 months).
48
When taking FMLA leave what is the deal with your health insurance?
You keep your health insurance and pay the usual 15% premium.
FYI unpaid leave does not count towards credible service for retirement purposes.
If fail to return state may recover the costs.
49
FMLA must conclude within?
12 months of the BIRTH/ADOPTION/PLACEMENT
50
Paid Family Medical Leave - PFMLA Qualifying Reason (no use of own "accruals" or ELIB)
Can be 80% of GROSS salary, use this when not enough accrued time on the books. (New guys) (accrued time would be 100% pay)
Leave granted under the PFMLA which does not otherwise qualify for leave under FMLA or Art. 12 of the CBA shall be used CONCURRENTLY with the leave granted in Art. 12 to the extent that such leave exceeds the 12 weeks of leave granted by FMLA
51
PFMLA vs. using own earned accruals:
If using PFMLA, you won't:
Fund your employee benefits thru payroll deductions;
Won't continue to accrue sick time;
Won't accrue credible service for retirement purposes.
52
If AWOL or LWOP then return to service
You will not have accrued sick time (or VAC) from time you were absent. Based on hours worked.
53
Medical leave
26 weeks unpaid leave
To care for spouse child parent, sibling or individual living in the immediate household who has a serious health condition
Or for a serious health condition, which prevents the employee from being able to form functions of position.
The employee shall provide to the colonel satisfactory medical evidence as defined by article 9 section 6 of this agreement if the colonel has reason to doubt of liberty of the medical evidence. Employee may obtain a second opinion at the employers expense.
Joint spouse rule applies except when spouse or their child has a serious health condition (does not apply)
54
What is a serious health condition?
Incapacity or treatment and connection with inpatient care (overnight stay in hospital, hospice, etc.)
Any incapacitation for more than 3 days and continuing treatment under supervision.
Continued treatment for chronic or long-term incurable or prenatal care of more than 3 days.
2nd opinion by Colonel at employers expense
55
Continuing Treatment Definition (shall provide satisfactory evidence to the Colonel)
If conflict arises w/second opinion, 3rd opinion (decided jointly) is final & binding (employees pay for both 2nd, and 3rd opinions).
Treatment of 2 or more times for illness/injury under supervision
Treatment of 2 or more times for illness/injury under supervision that requires a regimen of treatment
Continuing treatment but not necessarily being actively treated.
56
Non-FMLA (include statement of reasons)
10 weeks unpaid leave;
Care for family or making arrangements, grandparent, grandchild, living in a household or a child natural foster adopted stepchild or guardianship
(NOT TO EXCEED 10 WEEKS!!!!)
10 days can be taken in less than one day increments
57
If using FMLA, Medical, non-FMLA, can you still use accrued time?
Yes still may use PER, COMP, VAC, or SL.
58
Can the Colonel BACKFILL an employee on FMLA, Medical, or non-FMLA leave?
Yes, by seniority (backfill decision not grievable however the conditions for duration/implementations may). Junior man less than 5 years.
59
How many weeks notice to the colonel do you need when intending to take unpaid non-FMLA leave?
2 weeks notice & intention to return to work.
60
When taking Family, Medical, and non-FMLA, how many days (as soon as practical), do you need to provide my chain of command with written NOTICE when I plan to take leave?
30 days written notice, also include the expected duration of such leave for Family (FMLA) Medical Leave & non-FMLA.
61
What is the deal with intermittent leave/modified work schedules?
12 weeks maximum in a 12 month ROLLING timeframe.
IL can be used for: birth/adoption/placement in foster care/spouse or child has a serious health condition and employee is provider for care/employee has serious health condition
62
Employee is not entitled to more than ____weeks of combined FMLA, Medical, non-FMLA?
No more than 12 weeks in a ROLLING 12 month period, measured backward from the date the leave was taken.
63
VAC time, Article 13 (each vacation week begins on SATURDAY)
Use as a whole day 8.0- hrs., or in 2.0-hr. increments. May be used only in 0.5 hr. increments when working OT or details. Can be carried over end of year in an amount equal to twice a member's annual accrual rate.
64
VAC time "credible service" is computed how?
From the first working day at the beginning of a pay period in the state agency where rendered provided no break in service for 3 YEARS.
65
Who is responsible and when (time of year) for VAC leave credits are taken for 'use or lose" time?
Colonel, statement provided on or before October 1st to what you have on the books as of September 1st.
66
What is the time frame for VAC
First full pay period in January to the last full pay period including December 31
May be taken in 8-hr, 2-hr Segments or 0.5-hr. segments to prevent detail overlap
67
Vacation leave calculations, "credible service" VAC credits earned based on hours worked within bi-weekly pay period.
Accrues bi-weekly based on credible years of service:
3.07696 hours less than 4 1/2 years
4.61544 hours 4 1/2 to less than 9 1/2 years
6.15392 hours 9 1/2 to less than 19 1/2 years
7.69232 hours 19 1/2+ years
68
Summer Vacation
Less than 10 years: 1 week.
10 years or more: 2 weeks
Summer vacation is June1st-Sept. 30th.
69
If employee death, what happens to VAC time?
Paid out in the amount to which was earned. Paid to:
Surviving beneficiary
Estate
70
When a holiday occurs on a day that is not an employee's regular workday, he, at the discretion of the Col. shall receive one day at his regular rate or comp day off within how many days?
90 days following the holiday.
71
How much do I get reimbursed when I drive my Jeep places for work?
22 cents a mile!
72
___miles commute, I get ___$
75 miles
$75 dollars
(commuting in cruiser)
73
3 or more OT hours worked? (exclusive of meal times), on a day other than a work day, how much do I get for meals?
For meals, including tips:
Reimbursed $12
B-fast 0301-0900 $2
Lunch 0901-1500 $3
Dinner 1501-2100 $5
Mid Snack 2100-0300 $2
74
24-Hour away from home assignment, reimbursement schedule
For lodging, reasonable tips, meals:
Reimbursed $13.50
B-fast 0301-0900 $2.50
Lunch 0901-1500 $4.00
Dinner 1500-2100 $7
75
24 hour away from home reimbursement requires:
First day/Last day of assignment requires absence for over 24hrs.
76
NO breakfast
if commences AFTER 6 AM/ends before 6AM
77
NO lunch
if commences AFTER 12 PM/ends before 12 PM
78
NO dinner
if commences AFTER 10 PM/ends before 6 PM
79
Assignment less than 24 hour away from home?
If commences 2 hours before compensated time then PAID BREAKFAST. If ends 2 hours or more after compensated time PAID DINNER.
80
Do I get a paid lunch if working away (traveling) from home for less than 24 hours?
NOPE
81
Hazardous Duty Pay, amount?
$1,200, effective 1/2024. First full pay period in January.
82
Health & Welfare Fund - Article 17
$15 on behalf of each employee per week. effective 1/2020.
83
Layoffs
Article 18
Starts with least senior employee. Will remain on recall roster for 2 years. REMOVED from roster if FAIL to RETURN with in 4 WEEKS of notice.
84
Safety Committee
Article 19
6 total.
Bi-monthly. 3 Union members, 3 members appointed by Colonel.
Function shall be to review reports of accidents and injuries of employees and to recommend to the Colonel appropriate actions to correct unsafe conditions, and unsafe acts and practices.
Shall review major purchases of vehicles, equipment, and consider the safety applications of same.
An annual report shall be prepared by the committee, indicating the number in nature of disabling work injury, suffered by employees and summarizing, unsafe act, practices and conditions and corrective actions taken to prevent future injuries.
85
Training and Career Ladders Committee
Article 20
8 total members equal from job (4 appointed by PERSONNEL SECTION, 4 by SPAM)
Est. a "Statewide Training and Career Ladders Committee" consisting of 4 Union members, & 4 appointed by PERSONAL ADMINISTRATOR. Pilot training fund is $400,000
86
What is a grievance?
Article 22
It's a dispute about the application or interpretation of the CBA
87
What is a step 1 grievance? (21/10)
SPAM or an EMPLOYEE submit, in WRITING, to the Troop Commander, 21 calendar days after the occurrence. Troop Commander meets and issues WRITTEN reply in 10 calendar days.
88
What is a step 2 grievance? (10/10)
SPAM or an EMPLOYEE wish to appeal, in WRITING, to the Division Commander, 10 calendar days after unsatisfactory Step 1 decision. DC shall meet with employee/committee (not to exceed 4 members) issues WRITTEN reply in 10 calendar days from when the Step 2 appeal was filed.
89
What is a step 3 grievance? (10/10)
Grievances of a General Nature entered here.
SPAM or an EMPLOYEE wish to appeal, in WRITING, to Colonel, 10 calendar days after unsatisfactory Step 2 decision. Colonel shall meet with employee or committee (not to exceed 5 members) for review. He issues WRITTEN reply in 10 calendar days from when the Step 3 appeal was filed.
90
What is a step 4 grievance? (14/21)
SPAM or an EMPLOYEE appeal to HRD/OER within 14 days of unsatisfactory Step 3 decision. Shall issue written reply after 21 calendar days from when appeal was filed or 21 calendar days from following close of conference.
RESOLUTION CONSIDERED PRECEDENT
91
What is a step 5 grievance? (21)
Grievances unresolved at Step 4 brought to Step 5 ARBITRATION SOLEY BY SPAM by filing with the DIRECTOR of OER. Within 21 calendar days, a completed Request for Arbitration Form.
RESOLUTION CONSIDERED PRECEDENT
92
Personal Records
Article 23
Right (upon notice) to examine your own file. Promptly notified when something entered & GIVEN A COPY of such MATERIAL!
Also the right to respond in WRITING which is then attached to the file copy.
SPAM shall have access upon WRITTEN authorization by employee.
93
Union Management Committee
6 total
3 Union members, 3 members appointed by Colonel. Meets bi-monthly. "Provide a means for continuing comms between parties a climate of constructive relations. Not for negotiating or grievances.
94
Savings Clause
Article 26
If an article prevents federal funds, only that rule, and only that rule, shall be ruled not applicable. The remainder of the contract shall continue in FULL FORCE
95
No person SHALL be required to submit to an interrogation leading to potential disciplinary action EXCEPT:
Article 27 (Personal Invests)
At reasonable hour, preferably on-duty, during Daylight hours, unless exigencies.
IF exigent, reassignment to day shift MAY be necessary.
At duty work location, Troop HQ, or GHQ
SPAM must be notified.
96
During a personal investigation, will I be informed of who is involved with the invest/interrogation?
Yes, you will know the rank, name of OIC of the investigation commander; as well as rank name, OIC interrogator. Also all the identities of all persons present during the interrogation.
97
The interrogation shall be completed with reasonable _______
Dispatch. Reasonable respites shall be allowed (meals, phone calls, rest period, take notes, contact witness to refresh memory.
98
Before any interrogation commences, I shall be informed of the ______
Nature of the investigation. I will be given the name of complainant. (not there addresses) All copies of written complaint report and records shall be furnished upon my request. If you are only a witness, you SHALL be informed of this.
Given an exact copy (recorded mechanically, or stenographer) of interrogation if formal charges are proffered.
99
Do I get to talk to my attorney before I get interrogated for violations of Rules & Regulations.?
Dept. not obligated under law but will afford this opportunity provided the interrogation not be postponed for the purpose of counsel past 10:00 am.
100
If I'm about to be interrogated for misconduct, can I have my attorney or SPAM rep present?
Yes, if you request.
101
What if I am asked to submit a written report? (Personal investigation)
Then you will be allowed reasonable time to file said report with in 24-hrs or by 10:00 am the following day.
If mutually agreed, may be submitted later.
102
All internal affairs investigations shall be conducted by:
Commissioned Officers
103
What if I refuse to answer questions?
Then you may face disciplinary action. (subject to applicable law).
104
During a personal investigation, no promises or rewards SHALL be made as an...
...inducement to answering questions.
105
Paid Details
Article 30
How many hours can I work in a day?
16.5 hours in any 24 hour period.
May NOT work more than a total of (5) 16.5 hr. days in 1 week. Work = REG, OT, Details, Court Time.
106
All members are accountable to report for duty at the time and place required by assignment orders and...
they shall be physically and mentally fit to perform their duties.
107
According to 13-SM-2010, how many hours can I work beyond the 16.5 hr. rule and how often?
You can work 2 hours beyond the 16.5 hr. rule to 18.5 hrs.
An extension up to 18.5 hrs. shall be allowed not more than ONCE every OTHER calendar day.
108
How many hours can I work in a week?
85 hours in 1 week.
109
If must decline detail or OT because of hours limitations...
Member shall retain their position on the overtime or detail list.
110
While working a detail and these 2 things happen, who do I contact?
Detail exceeds the hours of work allowed in a 24-hr. period or an emergency.
Contact the Paid Detail Administrator or Troop Duty Officer immediately.
111
In the event a detail is extended and will exceed the hourly limitations, who shall I notify?
The Troop Commander (he will act as Colonel's designee).
112
What is the current detail rate?
$56.25/hour
113
What is a Type 1 detail?
A voluntary assignment requiring a commitment of up to 4 hrs. duration paid at a 4 hr. flat detail rate by an outside entity authorized by the Colonel.
114
What is a type 2 detail?
A voluntary assignment requiring a commitment of up to 8 hrs. duration paid at a 8 hr. flat detail rate by an outside entity authorized by the Colonel.
115
If my Type 1 or Type 2 detail ends early do I still get the full amount?
Yes, regardless of actual hours worked.
116
If my Type 1 detail goes beyond the 4 hr. duration, what happens?
Automatically converts to a Type 2 Paid Detail Assignment.
117
What happens if my Type 2 detail goes beyond 8 hrs.?
It shall be extended in 30 minute increments at an hourly rate of time-and-a-half.
118
Members are required to notify the barracks of jurisdiction of what concerning details?
Arrival and relief from a paid detail.
119
What if my detail is cancelled with less than 2 hours advanced notice?
You may be offered an unfilled detail for the same timeframe as your cancelled detail. It's up to you to fill it. If none available or you decline, you will be paid the Type 1 flat rate of 4-hrs.
120
IF your detail is cancelled and you are getting paid for the Type 1 4-hr flat rate....
You are not allowed to work during that commitment timeframe.
HOWEVER, you may decline that 4-hr flat rate to free you up from the timeframe commitment to accept an alternative detail or work OT.
121
Can I swap my shift to work a detail?
No but partial shift swaps are allowed with Supervisory approval. Must be worked within the same pay period.
Must be documented in DAJ with shifts to be swapped and supervisor who authorized.
122
Uniform change over
Article 31
April 15-October 15
123
Clothing allowance
Article 32
$750/year
($375 paid twice)
(prorated at rate of $62.50/month)
No payment shall be made for any month in which the employee is on an assignment requiring civilian clothing for a period of LESS than 10 work days. (but sick leave, comp time, and vac time for which you are paid counts towards that 10 days).
124
Can I use the range during OFF DUTY hours?
Article 33
Yes, with permission from the Commandant. Ammo/instruction provided.
125
Tuition Remission:
state supported degree programs at state schools.
Article 34
Full tuition remission for state supported degree programs at state schools except UMass Medical. (subject to availability and board of higher education approval).
126
Tuition remission for: self-sustaining programs at state schools.
50% tuition remission for continuing education programs at state schools.
(subject to availability and board of higher education approval).
127
Spouses eligible for tuition remission
Effective 1/1/1998. As long as their spouses are full-time employees & a bunch of other bullshit in subsection E.
128
Health Maintenance Release Time
60 minutes/4 segments (4 shifts per work week) The 60 min. is based on implementation of Gebhardt-Landy Methedology.
129
Who approves Health Maintenance release time?
Ultimately, approval through the Station Commander or desk guy required. Based on seniority for multiple requests during a shift if ALL cannot be accommodated.
130
Desk guy or the LT denies Health Maintenance due to operational needs. I'm now pissed, what can I do?
Immediately bitch (appeal) to the Troop Commander or TDO and they will make the decision.
131
Physical fitness testing
Article 36
Annually required to take fitness test based on Gebhardt-Landy Methodology.
Linked to essential functions of the job.
If fail 1st test, allowed 2nd.
132
How many chances to I get to pass the PT test?
3
133
If first PT test failed, second test allowed when?
Not more than 16 weeks following first, but as soon as member desires with medical clearance. (not required to take the test less than 16 weeks since the first test)
Allowed 3rd test if 2nd test failure.
134
If second PT test failed, third test allowed when?
Not more than 16 weeks following second, but as soon as member desires with medical clearance. (not required to take the test less than 16 weeks since the second test).
Exact date of 3rd test provided NO LESS THAN 2 weeks prior to test.
135
What if I fail the 3rd PT test?
Continue employment subject to review and to disposition consistent with all relevant circumstances/accommodations required by law.
TDY to the SPA still looks like an option.
136
What if I fail due to temporary injury?
Continue with duties adapted to injury or incapacitation until fitness exam passed.
137
Physical Fitness Test Preparation Guide (16-week program) w/PARQ (Physical Activity Readiness Questionnaire)
Also includes:
Components of the fitness exam
Nutrition guide and helpful exercise (made available upon request).
138
Initial PT test FAILURE
At employee's discretion MAY seek consultation with a department physician who MAY recommend or prescribe department fitness/nutrition "resource person".
Will be allowed release time with full compensation for purpose of hands on exercise regiment. May change schedule to do this. Member must provide 5 calendar days notice regarding this request for release time for this purpose.
139
Can I review my AVL real-time & historical data at any time?
Yes, you may review this data prior to making any statements that could reasonably be seen as resulting in disciplinary action.
140
How long is ALL AVL data retained?
INDEFINATELY
141
Do I need to inform anyone for travel to/from a REG shift and OT shift?
No, it is expressly authorized as long as the travel does not exceed one-half hour from the geographic boundary of the REG shift location.
An assignment exceeding one-half hour shall not be accepted WITHOUT duty assignment supervisor permission, coverage in the form of a partial shift swap coordinated by the member.
142
Can the Department be permitted to access and use AVL data to verify my time/attendance and take appropriate disciplinary action against me?
Yes, however, (and this is a very union thing to say) OTHER data (whatever that is) recorded by AVL shall NOT be used for Dept. administrative purposes after 1 YEAR unless such data was obtained during a criminal investigation, search warrant, or subpoena.
143
Drug Testing/Rehab
Purpose; the (5) principals
Article37
Provide for the REHAB of any such employee found to bein violation of this program.
1. Fairness in testing
2. Deterrence from the effects of drug use.
3. Detection (post-incident, random, reasonable suspicion, and annual/biannual physical.
4. Treatment & Rehab
5. Enforcement
144
What are the 4 scenarios we get drug tested?
1. Post-incident (on-duty critical incident, resulting in death or crash of dept vehicle on (or) off duty results in fatality) Any injury/damage over $2,500
2. Random (RDT done on REG shift),
3. Reasonable suspicion and;
4. Annual/biannual physical (positive test considered RS here).
145
What if I refuse to be drug tested AFTER A POSITIVE TEST or refuse to go to EAU program/rehab?
SHALL be subject to DISMISSAL.
The Dept does prefer to implement discipline as a last resort and is committed to rehab and successful reentry into the workplace
146
The reasonable suspicion for drug testing is based on what criteria?
Specific Objective Facts & Reasonable Inferences drawn from these facts:
Employee subject to an IMMEDIATE test:
Observable Phenomena;
Documented patterns of abnormal conduct;
Arrest, indictment, or conviction for drug offenses;
Evidence of tampering with a previous drug test or made false/misleading statements.
Repeated/flagrant violations of rule/policies that pose substantial risk of injury/damage that appear related to drug use;
Documented/written report of drug use;
Causing an accident resulting in a fatality, injury, property damage over $2,500. (including accidental discharge of a firearm).
147
Who documents reasonable suspicion for a drug test?
The supervisor/superior making the initial determination of RS, include all pertinent info dates/times/locations/facts
The final determination of RS shall be made by a Lieutenant or ABOVE.
Sergeants do not make any determination of reasonable suspicion HOWEVER shall be required to provide information/testimony where applicable.
148
The final determination of reasonable suspicion for drug testing is not decided until what happens?
The supervisor/superior officer consults with a second supervisor of a HIGHER rank and they shall JOINTLY decide whether RS exists and if the employee shall be referred for testing.
Immediate notification of SPAM and all docs sent to them (if approved by employee).
149
After SPAM President (or designee) consults with ordering supervisor and RS exists for testing; test shall happen but what is employee allowed to do at this point?
Appeal the decision. If under appeal, the employee IS required to provide a sample but it SHALL NOT be tested until a final determination is made AFTER the appeal process.
150
If I refuse to submit to a test when directed or sign the consent and release form, what is that considered?
Insubordination, subject to discipline. (if refusal after a positive test to be tested again, that is subject to dismissal).
151
For drug use RS,
If employee's condition is a potential threat of harm to self or others, the supervisor immediately does this.
Immediately escort employee to the collection facility. If no other misconducting relating to suspension, then placed on Paid Administrative Leave.
152
After drug testing is complete, then what does the supervisor do?
Transports the employee back to the barracks and arrange for a ride home. He then informs the employee not to return to work pending the results or if RS was not substantiated.
153
What is split-sampling?
Urine test divided into two collection bottles. If positive, the employee may have the other sample tested at an independent DPH licensed laboratory.
Must be written application to Colonel within 10 days of positive result,
154
What if my test is negative or it is determined RS for drug test did not exist?
Urine samples are destroyed.
155
What if my results for drugs are positive?
The results are documented and filed.
Subject to immediate termination, however, FIRST TIME allowed in lieu of discipline to enter a rehab program.
156
All drug screens are performed in accordance with the U.S. Department of Health and Human Services Guidelines, what do these procedures call for?
Immunoassay Screen (EMT) with positive results confirmed with: Gas Chromatography/Mass Spectrometry (GC/MS) technology.
Results within 5 working days.
157
What drugs are tested for?
M-Marijuana
A-Amphetamines
P-PCP
C-Cocaine
O-Opiates
MAPCO
Other drugs in 94C if use is suspected include:
L-LSD
M-Methaqualone
B-Barbiturates
B-Benzodiazepines (Valium)
LMBB
158
Drug tests shall not be implemented for what?
Substantiating criminal allegations.
159
Who do the results of a positive drug screen go to for review?
Medical Review Officer (MRO), a licensed physician.
Must review the results
Interview donor
Make determinations
Report to the Dept.
Maintain confidential records.
160
Drug Rehab Agreement
Sign and abide
Seniority will not be affected, (may use leave credits to maintain comp or borrow up to 160 future credits 80 (vac) 80 (sic). (This is for for REHAB ONLY).
Must complete and meet w/Col. + Dept. Drug Program Administrator before returning to duty to discuss re-entry.
Department pays for rehab items not otherwise covered in employees health plan.
161
Out-Patient Drug Rehab Program
Employee MAY work after Colonel consults with the program if they recommend work status as component of the treatment, and shall determine duties/location to be assigned.
NO WEAPON or CRUISER.
162
If I fail at rehab through no fault of my own, what happens to me?
You may be required to undergo further rehabilitation, if fail a 3rd time, may be subject to disciplined up to and including termination.
163
After rehab, what is required of me?
Random drug screens for 24 months.
164
After rehab, if I refuse a drug test what happens?
Termination.
165
What if I can prove drug addition was caused by the job?
If medical opinion can be causally related to job duties, Colonel will support disability retirement.
166
Can I dispute the determination that "reasonable suspicion" exists requiring a submission to a drug test?
Yes, notify the department by filling out form Appendix 3 with superior officer at the time specimen is provided by the employee. The lab will simultaneously be notified that specimen is "subject to protest".
167
Reasonable Suspicion for drug test dispute panel of arbitrators consists of?
10 SPAM/10HRD, each can strike 5 names. Panel rotates, appointments for 24 months. After hearing, issue "bench determination" in 7 days. If no RS, specimen destroyed and Colonel SHALL issue letter of apology.
168
Voting Leave
2hrs. paid leave
169
Civic Duty Leave (Jury Duty)
Allowed paid leave of absence for service on a jury. If jury fees are worth more than you regular compensation - keep the fees, if not remit them to the Department.
170
What do I do with court fees made out to me? (other than jury fees)
Must be paid to the Commonwealth unless you are in court during your vacation (no more further info on that).
171
What do I do if I get excused from court during a work day?
If such interruption in court service will permit 4 (or more) consecutive hours of employment, get your ass to the barracks!
172
Military leave
17 days as a member of the reserves, during annual tour of duty, to receive pay without loss of his ordinary renumeration as an employee under law.
173
Education Leave
May be granted a paid leave of absence for educational purposes to attend conferences, seminars, breifing sessions, that upgrade the individual's skills or professional ability.
174
State Police trooper & state police trooper first class with this many years of CREDITABLE service will be allowed to bid on transfers.
5 years.
175
State police sergeant with how many years of CREDITABLE service will be allowed to bid on transfers?
2 or more years.
Trooper & Sergeant transfers will be awarded based on seniority in accordance with procedures set out by Colonel.
176
What does FMLA cover?
Birth/adoption/placement in foster care ONLY.
177
What does Medical leave cover?
TO CARE FOR spouse/child/parent/sibling/HH member with a SERIOUS HEALTH CONDITION ONLY!
178
What does non-FMLA cover?
TO CARE FOR OR TO MAKE ARRANGEMENTS FOR THE CARE OF grandparent/grandchild/sister or brother HH member/child (natural or not) adoptive/foster/stepchild/child under legal guardianship.
179
Special Labor Management Committee
Made up of equal numbers/those numbers not determined in CBA.
This committee shall be the sole forum for the association, to discuss any issues of impact to the bargaining unit arising from the implementation of the Commonwealth human resources/compensation management system. HR/CMS.
This committee is made up of an equal number of association and management representatives .
