This is the collective bargaining agreement for Emerson College and the American Coalition of Public Safety, Local #13, effective February 25, 2023, through December 31, 2026.
Table of Contents
Preamble
The following contract by and between Emerson College and ACOPS Local #13, hereinafter referred to, respectively, as the “College” and the “Union,” is designed to maintain and promote a harmonious relationship between the College and the Union, the establishment of an equitable and peaceful procedure for resolution of differences and the establishment of rates of pay, hours of work and other conditions of employment.
Article 1: Recognition
The College recognizes the Union as the exclusive bargaining representative of all full time and regular part time police officers and dispatchers employed by the College at its 120 Boylston Street, Boston, MA location, but excluding student workers, Detectives, Sergeants, Lieutenants, Deputy Chief, Chief and all other employees and supervisors as defined in the Act, as certified by the National Labor Relations Board in Case No. 1 - RC- 072899 (March 5, 2012).
Article 2: Definitions
- College - Emerson College, its managers, supervisors and agents
- Union - American Coalition of Public Safety (ACOPS), its stewards, officers and representatives
- Employee - A member of the bargaining unit
- Full time - An Employee who works a minimum of 36 1/4 hours per week on a regular basis
- Regular Part-time - An Employee who works a minimum of 16 (sixteen) hours or more per week on a regular basis but less than 36 1/4 hours
- Day - Refers to calendar day
- Work week or pay period - A seven day period beginning at 11pm Sunday and ending at 10:59 pm the following Sunday
- Shift supervisor - The Sergeant or Lieutenant assigned to an Employee's shift
- Assignment year - The period beginning on the first full pay period in July of each year and ending at the end of the full pay period that includes June 30 of the following calendar year
- Department - Emerson College Police Department
- Officer - Police officers who are members of the bargaining unit
- Dispatcher - Dispatchers who are members of the bargaining unit
- Parties - The College and the Union
Article 3: Management Rights
A. Unless expressly and specifically limited or modified by a provision of this Agreement, the rights, powers and authority held by the College over the complete operations, practices, procedures and regulations with respect to employees shall remain solely and exclusively in the College, except as otherwise prohibited by law, including but not limited to the following:
The right to: determine the standards and levels of service to be offered by the College; supervise its employees; take disciplinary action; discharge Employees for cause; recruit, employ, train, assign, demote, lay off, transfer or promote its Employees; convert part time positions to full time; determine the number and classification of Employees to be laid off and to lay off Employees pursuant to the reduction in force provisions of this Agreement; issue reasonable rules, regulations and standards of conduct; issue reasonable operating orders and procedures; prescribe standards for recruitment, hiring and promotion; evaluate Employees; require reasonable physical and mental fitness standards; prescribe reasonable performance standards; reasonable dress and grooming standards; determine the equipment to be used by Employees; determine work schedules; determine the means, methods and personnel by the which the College’s law enforcement operations are to be conducted; determine the content of job classifications; establish jobs and transfer Employees between buildings and shifts; subcontract work; employ temporary employees and student help; and exercise complete control and discretion over the College’s organization, facilities, and security.
B. Nothing shall preclude sergeants and other supervisors and managers from doing similar or overlapping functions of bargaining unit work.
C. The Union specifically acknowledges that the College maintains an Employee Handbook and a Department Policy and Procedure Manual that apply to bargaining unit members. Additionally, the Union acknowledges the right of the College in its discretion to amend such Handbook and Department Manual from time to time. If there is a specific conflict between such Handbook or Manual with a provision of this Agreement, the terms of this Agreement shall govern. The Union will receive notice whenever the Handbook or Department Manual, or any other rule, regulation or policy of the College or Department, is amended. The Union shall receive copies of any new rules, regulations or policies that the College or Department may issue.
D. Nothing in this Article shall be deemed to contravene or diminish any rights or responsibilities delineated in any provision of this Agreement.
Article 4: Non-Discrimination
The College and the Union both agree that they will not discriminate against any Employee on the basis of race, color, religion, age, sex, national origin, sexual orientation, gender identity, physical or mental disability, veteran status, ancestry, genetic information, union membership or non-membership or activity or any other status protected by state or federal law.
Article 5: Union Rights
A. Each year, on or about September 1, the Union shall provide the College’s senior-most Human Resources employee and Chief by email with a list of employees who will serve as Union stewards or officers. The College will identify its senior most Human Resources employee to the Union upon the execution of the Agreement and any time thereafter when there is a change in the senior most Human Resources employee.
B. The Union President or another Union officer who is employed by the College shall be allowed to discuss local Union business with unit Employees, provided that this shall normally occur during the non-working time of the Employees involved. This shall not preclude reasonable discussion of local union business that may occur during working time, provided that it is not disruptive to Department or College operations.
C. The Union may use College facilities at no charge for meetings with Employees provided it follows College procedures for securing meeting space. Meetings are to be held during the non-working time of the Employees.
Article 6: Dues Checkoff
A. The College agrees to deduct weekly from earned wages, and to remit to the Union for the duration of this Agreement, the Union membership dues in the amount specified by the Employee in a written authorization form acceptable to the College.
B. The College will forward to the Union the withheld funds no later than the 15th Day of the following month.
C. The Union shall establish and certify in writing to the College’s payroll department by emailing payroll@emerson.edu the amount of Union membership dues on an annual basis, or whenever there is a change in union dues.
D. Any authorization to withhold membership dues from the wages of Employees shall terminate and such withholding shall cease only upon the occurrence of any of the following events: a) the Employee is unpaid leave status; b) the Employee’s wages are garnished or otherwise insufficient to cover membership dues; c) the Employee’s separation from employment; d) written notice by the Employee to the College’s payroll department by emailing payroll@emerson.edu of cancellation of the authorization; or; e) the expiration of this Agreement.
E. Under no circumstances shall the College be liable to the Union for the membership dues owed by an Employee to the Union.
Article 7: Grievance and Arbitration Procedures
A. A grievance is defined as a written complaint by the Union or an Employee that there has been a violation, misinterpretation or misapplication of a specific provision(s) of this Agreement.
B. All grievances must be processed in accordance with the steps, time limits and conditions set forth in this Article. If the Union or Employee fails follow the provisions or to meet the deadlines at any step, including the initial filing of the grievance, the Union and the Employee will be deemed to have waived the right to pursue the grievance and the College will have no further obligation to process the grievance. Failure by the College to answer a grievance within the time limits set forth shall allow the Union or the Employee to appeal the grievance to the next level. Time limits may be extended by mutual written agreement between the Chief or the senior most Human Resources employee and the President of the Union. The College will identify its senior most Human Resources employee to the Union upon the execution of the Agreement and any time thereafter when there is a change in the senior most Human Resources employee.
C. The Union or Employee must file a grievance at Step One within 10 days of the alleged event or the time when the Union or the Employee knew, or reasonably should have known, of the event that is the basis for the grievance.
D. A grievance must be in writing, hand-delivered at each step, and must include:
- A statement of the facts involved;
- The provisions of the Agreement that the Union or Employee alleges were violated;
- An explanation as to how the facts resulted in an alleged contract violation; and
- The remedy or solution sought
E. The filing or pendency of a grievance under the provisions of this Article shall not prevent the College from taking the action complained of, subject, however, to the final decision of the arbitrator.
F. The College, the Employee and the Union shall observe the following procedure in handling grievances.
Step One: The grievance shall be filed at Step One with the Employee’s shift supervisor. Not later than five (5) days after actual receipt of the grievance, the Employee’s shift supervisor shall arrange for a meeting to take place at a mutually agreeable time to discuss and attempt to resolve the grievance. If the grievance is not resolved at that meeting, the shift supervisor shall issue a written answer to the Grievant and Union official within seven (7) days of the meeting.
Step Two: If the Grievant is dissatisfied with the Step One answer, the grievance may be submitted to the Chief or Deputy Chief at Step Two.
a. The grievance must be filed with the Chief or Deputy Chief no later than ten (10) days following the date of the Step One answer.
b. The Chief or Deputy Chief will arrange for a hearing to take place within ten (10) days of the receipt of the Step Two grievance. The hearing will include the Grievant, a representative of the Union, the Chief or Deputy Chief and representatives of the College appropriate to the problem to be addressed. If the grievance is not resolved at that hearing, the Chief or Deputy Chief shall issue a written answer to the Grievant and Union official within ten (10) days of the hearing.
Step Three: If the Grievant is dissatisfied with the Step Two answer, the grievance may be submitted to the senior most Human Resources employee at Step Three. The College will identify its senior most Human Resources employee to the Union upon the execution of the Agreement and any time thereafter when there is a change in the senior most Human Resources employee.
a. The grievance must be filed at this step no later than ten (10) Days following the date of the Step Two answer.
b. The senior most Human Resources employee, or designee, will arrange for a hearing to take place within ten (10) Days of the receipt of the Step Three grievance. The hearing will include the Grievant, a representative of the Union, the senior most Human Resources employee or designee and representatives of the College appropriate to the problem to be addressed. If the grievance is not resolved at that hearing, the senior most Human Resources employee or designee shall issue a written answer to the Grievant and Union official within ten (10) Days of the hearing. The College will identify its senior most Human Resources employee to the Union upon the execution of the Agreement and any time thereafter when there is a change in the senior most Human Resources employee.
Step Four - Arbitration
a. The Union may submit any grievance that has not been satisfactorily adjusted under the Grievance Procedure for settlement under the arbitration provisions of this Article.
b. An appropriate grievance as specified in Section 1 of this Article may be brought to arbitration only by the Union, not the Employee, and only if the Union serves written notice on the College within thirty (30) Days of the date of the Step Three answer.
c. Arbitration shall be conducted by an impartial arbitrator mutually chosen by the Parties.
The procedure for arbitration shall be as follows:
i. A Union representative and a College representative shall communicate promptly to choose an arbitrator but no later than twenty (20) Days from the date of the demand for arbitration. The Labor Relations Connection shall serve as the administrator for the Parties. If no selection can be made within such twenty (20) Day period, then either party may request lists from the Labor Relations Connection, and selections shall be made in accordance with the Rules of the Labor Relations Connection.
ii. Hearings and post-hearing activities shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the Labor Relations Connection.
iii. The Arbitrator shall not have the power to add to, subtract from, modify or disregard any of the provisions of this Agreement but shall only determine whether or not the College has violated a specific provision of the Agreement.
iv. Each party shall bear the expense of preparing and presenting its own case. The compensation and expenses of the Arbitrator shall be borne equally by the Parties.
v. Both Parties agree to abide by the decisions of the Arbitrator but shall retain whatever rights they have under the law to challenge the decisions of the Arbitrator.
vi. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance.
G. Pay for Grievance Time. All grievance hearings, other than arbitration, shall be conducted between the hours of 9:00 AM and 5:00 PM. The College will pay for any regular straight time wages actually lost by the Employees participating in such grievance meetings but shall not pay for attendance by employees who are not otherwise working at the time the grievance hearing is being held, nor shall it pay for attendance at arbitration hearings. However, the Grievant shall be provided with release time from normal duties, if necessary, to attend an arbitration hearing.
Article 8: Probationary Period
A. Newly-hired or re-hired Employees shall serve a probationary period of twelve (12) consecutive months as an active Employee assigned to a shift and working their regularly assigned shifts in the Department. For the avoidance of doubt, time spent serving in an MPTC Recruit Officer Course while actively employed by the Department shall not count towards an Employee’s probationary period. Notwithstanding the foregoing, Employees who are re-hired by the Department less than one month following their separation from the College into the same position they held immediately prior to their departure shall not be required to serve a probationary period and shall experience no loss in seniority.
B. During the probationary period, the College’s decisions regarding the Employee shall not be subject to the grievance/arbitration procedures of this Agreement.
C. A probationary Employee may be dismissed from employment at any time during the probationary period without recourse under this Agreement.
D. In the event a current bargaining unit dispatcher is hired as an Officer, they will serve a full 12 consecutive months on a probationary status starting with their appointment as an Officer. Previous time served as a dispatcher at the College would not count towards the 12 consecutive month probationary period. However, once the individual has successfully completed the 12 consecutive month probationary period, any time served as a dispatcher would then be credited for seniority.
Article 9: Disciplinary and Discharge
A. An Employee is entitled upon request to have a Union representative present at an interview by the College which the Employee reasonably believes might result in disciplinary action.
B. If appropriate in the sole discretion of the Chief, an Employee may be placed on paid administrative leave.
C. No Employees may be disciplined in an arbitrary or capricious manner. No Employee may be discharged without cause.
Article 10: Work Duties, Assignments, Schedules and Overtime
A. It is the responsibility of each Employee to be aware of and follow all rules, regulations and policies of the Department and the College; to follow the directives of their supervisors and managers; and to fully and effectively execute the duties of their position. Each Employee will be given a copy of the job description for their position at the commencement of employment, each time it is updated, and upon request.
B. The normal sequence of work days is five Days on and two Days off.
Notwithstanding the foregoing, the normal sequence of work days for the full time Dispatcher Swing Shift position shall be three days of work totaling 40 hours, and four days off.
C. The work shifts shall have the following regular starting and ending times:
- Day Shift 7:00 am to 3:00 pm
- Evening Shift 3:00 pm to 11:00 pm
- Night Shift 11:00 pm to 7:00 am
- Swing Shift 7:00 pm to 3:00 am
Nothing shall preclude the College in its discretion from altering the starting and ending times of these shifts by thirty (30) minutes or less, provided that if any such modification is made, the Union will be given at least two (2) weeks’ notice of the change. The Chief may also establish other shifts as the Chief may determine to be operationally necessary; however, the Chief may only do so for an upcoming Assignment Year. Employees will be allowed to bid on such new shifts along with the shifts established herein during the annual bidding process described in subsections D - F below.
D. Annual Bidding Process. The College agrees to post the days and shifts for the full time police Officers on an annual basis by May 15 of each year. Each full time police Officer may indicate three preferences for such days and shifts and shall submit them in writing to the Chief or their designee no later than June 1. The Chief/designee will by seniority assign Officers Days and shifts. By June 15, the Chief/designee shall announce the assignments for the upcoming Assignment Year.
The Officer who bids the Swing Shift will work Tuesday through Saturday with Sunday and Monday as their days off when Emerson students are in residence, with the exclusion of summer sessions. During those times of the bid cycle when Emerson students are not in residence, the Officer on the Swing Shift will be allowed to choose from among the other three shifts contained in Article 10 (C)(1)-(3) and shall work five consecutive days followed by two consecutive days off of their choosing, subject to approval by the Chief or the Chief’s designees. If there is a staffing shortage on a particular shift, the Swing Shift Officer will be assigned to such shift until such time as the staffing shortages are relieved.
E. Following assignments to full time police Officers, the Chief will then schedule part time Officers, again by seniority within the part time population.
F. The new schedule shall go into effect the first day of the first full pay period in July.
G. Notwithstanding the above, the College retains the right to reassign Employees to different shifts during the year on either a temporary or permanent basis (but in no event longer than the then-current Assignment Year) when necessary to meet operational needs of the Department, including but not limited to vacancy situations and staffing priorities. An Employee who is reassigned to a different shift or Days of the week shall receive as much notice as possible but no less than one week’s notice of such change. Prior to any reassignments under this Section, the Chief will first seek volunteers to move to the shift in question.
If a shift becomes vacant outside of the annual bid cycle (Article 10 Sec. D) and the Chief or the Chief’s designee determines that operational needs so dictate, the Department shall use the following process to solicit volunteers to staff the open shift. The open shift shall be posted on the Department bulletin board for seven Days and electronically distributed by email to Employees. During the seven Day period the Chief or the Chief’s designee may assign anyone, including supervisors and managers, to cover the open shift. At the conclusion of the seven Day period, the Chief or the Chief’s designee will select the volunteer who, in the Chief or the Chief’s designee’s sole discretion, will cause the least disruption to the Department’s existing staffing levels by transferring to the open shift.
H. Seniority will be calculated separately for full time and part time Employees.
a. Seniority for full time Employees will be measured according to their continuous and unbroken full time employment by the Emerson College Police Department, beginning with the date and hour on which the Employee began work after being hired. Previous employment with the College outside of the Department shall not be counted towards an Employee’s seniority with the Emerson College Police Department.
b. Seniority for part time Employees will be measured according to their continuous and unbroken part time employment by the Emerson College Police Department, beginning with the date and hour on which the Employee began work after being hired. Previous employment with the College outside of the Department shall not be counted towards an Employee’s seniority with the Emerson College Police Department.
c. Seniority, for Employees whose status changed from part time to full time, or full time to part time, but who have been continuously employed by the Emerson College Police Department, will have their seniority calculated at one-half year for each year of part time employment and one full year for each year of full time employment.
d. Seniority shall continue to accrue during approved leaves of absence of twelve (12) months or less. All prior seniority shall be lost if the Employee is on an unpaid leave that exceeds 12 months. Employees with an Internal Affairs Complaint classification of Sustained for the offense of Absence Without Leave (AWOL) (no-call no-show) from duty will forfeit seniority that coincides with the amount of time the Employee was AWOL from duty.
I. Officers are allowed to change their shifts with other Officers but may only do so if approved in advance by the Chief or their designee.
J. If a vacancy occurs in a work shift due to the absence of an Employee, the Chief or their designee, if they choose to fill the vacancy, will fill the vacancy in accordance with the overtime list, (Article 10 Sec. K). If it cannot be filled in accordance with the overtime list, then the Chief or their designee may require an Officer to stay over for another shift utilizing the “forced list.” (Article 10 Sec. K) Alternatively, the Chief or their designee may bypass the overtime list and fill the vacancy with a sergeant or lieutenant or a non-bargaining unit reserve officer.
K. Overtime and Details
a. The normal workweek for full time Employees shall be forty (40) hours a week. Overtime shall be paid to Employees for all hours worked in excess of forty (40) hours per work week at the rate of time and one half the Employee’s regular hourly rate. For purposes of this provision, any paid time off will not count as time worked. All overtime worked must be approved in advance by the Chief or designee.
b. The Department will keep an overtime list that will include overtime hours worked as well as so-called “inside details” (paid policing details for College-sponsored events). The Department will also keep a separate detail list for outside details (an assignment to a non-Emerson College event or function that is sponsored by an outside vendor or entity in which the outside vendor or entity has contracted with the college to pay for such detail assignment.). These lists will include, by Officer, the hours worked in the current month, the hours worked in the previous month, and each Officer’s seniority (Article 10 Sec. H). In the event two Officers have the same overtime hours, the overtime will be awarded to the Officer with the greater seniority. Refusal hours, those hours a member is offered but refuses to accept, will NOT be calculated. Overtime paid for an Employee’s regularly scheduled work shift such as a holiday or school closing, including but not limited to weather closings, will not be included in these overtime lists.
c. Overtime and details will be distributed using the corresponding list utilizing the current month’s hours, the previous month’s hours and finally seniority in event of a tie. Overtime and details will be first offered to a full-time Officer or full-time dispatcher (depending on whether the overtime need is for a dispatcher or an Officer) with the fewest number of hours on the respective list. If the dispatcher overtime cannot be filled by a full-time dispatcher, then the vacant shift will be offered to part-time dispatchers, but will not be paid as overtime. If a dispatcher overtime is not filled by either a full or part-time dispatcher it will then be offered to a full-time Officer. All overtime will be paid in accordance with the College’s overtime payment policy.
The Union recognizes that it may be necessary to deviate from the above procedure because of emergencies, short notice situations, or in the interest of scheduling work.
If, after following these procedures, no one volunteers to work the overtime, the Chief will seek to assign a non-unit reserve Officer before requiring any Officer or dispatcher to work forced overtime.
d. The Chief or designee reserves the right to require extra shift work, commonly known as “forced overtime.” In the event a shift vacancy or staffing requirement is not voluntarily filled, the Officer or dispatcher who has gone the longest period of time without serving forced overtime will be required to work forced overtime. In the event of a tie, the less senior member will be required to work forced overtime. The Chief or their designee will maintain an updated “forced list” available for reference. On January 1st of each year a new “forced list” will be generated and all members’ hours will revert to zero.
e. “Outside Details” will be paid at the rate of $50.00 per hour. All other events or functions will be classified as an “Inside Detail” and will be paid per the College’s overtime policy. Employees will receive a minimum of four (4) hours pay for detail work regardless of the length of the detail unless the outside vendor cancels the detail four (4) hours or more from the scheduled start of the detail. If the detail is canceled by the vendor with less than four (4) hours’ notice, the Employees will receive the four (4) hour minimum pay.
f. Employees are subject to the additional provisions of the Department’s Detail and Overtime Guidelines.
L. An Employee who is called in to work by a supervisor on an emergency basis for four (4) hours or less will be guaranteed four (4) hours of work with pay (“call-in pay”) at the Employee’s regular rate of pay for such work unless such service entitles the Employee to overtime pay, in which case the portion of the work that exceeds 40 hours will be paid at the overtime rate. An Employee is not entitled to such call-in pay if the work constitutes a continuation of the Employee’s scheduled shift. For example, if an Employee is called in to work two (2) hours in advance of their scheduled shift, the Employee will not receive call-in pay and will be paid for those two (2) hours either at regular or overtime pay, as appropriate.
For purposes of computing eligibility for call-in pay, Employees shall be paid one and one half (1½) times their regular rate of pay for time actually worked in excess of the regularly scheduled full-time (40 hours) work week. Overtime shall not be paid to any Employee for work performed during their regular scheduled work hours.
M. There shall be no duplication or pyramiding of overtime or any premium pay provided for under the provisions of this Agreement. Overtime, shift differentials, professional incentives, and other premium pay shall be calculated on the Employee’s regular rate of pay.
Notwithstanding the foregoing, a holiday worked on an Employee’s regularly schedule work shift will count towards 40 hours for overtime purposes. A holiday worked on a work shift that is not the Employee’s regularly scheduled work shift shall not count towards 40 hours for overtime purposes.
Article 11: Health and Fitness for Duty
A. On an annual basis, beginning on or about May 1, 2014, police Officers shall be required to pass a job-related physical fitness test which will consist of climbing the stairs from the first floor to the top of Ansin Building (180 Tremont Street) in no more than seven (7) minutes. Additionally, immediately after that has been accomplished, the Officer will demonstrate the ability to drag a 125 pound weight at least 30 feet to simulate a rescue. Tests will be done in full uniform and normally done during an Officer’s shift with no loss of pay to the Officer. The test will be administered by a representative of Human Resources and a Union representative will be present to observe.
If an Officer fails to climb the stairs in that period of time, and or to perform the additional task indicated, he/she will be allowed to try twice more at four month intervals (i.e. on or about September 1 and December 1). If after the third attempt, an Officer is still unable to successfully complete this test, he or she shall be subject to discharge from the College.
B. In circumstances where the Chief or their designee has a reasonable suspicion that an Employee is working under the influence of drugs or alcohol, the Chief or their designee shall have the right to require that the Employee submit without delay to a blood or hair follicle test for drugs and/or blood tests for alcohol. The College will pay the cost of such testing.
In addition to circumstances where the Chief or their designee has a reasonable suspicion that an Employee is working under the influence of drugs or alcohol, the Chief or their designee may also require that Employees submit to a drug or alcohol test (blood test) in certain significant post-incident situations, including but not limited to, an on-duty accident resulting in bodily injury and/or property damage and the cases of use of force resulting in bodily injury.
For purposes of this provision “use of force” is defined as “The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained.”
C. The College reserves the right to require physical or psychological tests on an individual basis at any time when it has reasonable concerns about the fitness of an Employee to carry out their duties. The College will pay for the costs of such tests. Employees undergoing such tests will authorize the health care professional conducting the test to share reports of any such medical examinations to the senior most Human Resources employee. The senior most Human Resources employee may then share the information with the Chief and other College officials, on a “need to know” basis, but must inform the Employee if the information is shared with any such individuals. In situations where the report recommends a follow up program, it will be the responsibility of the Employee to follow through on all recommendations or treatment plans. Failure to successfully complete such a recommended program may result in termination of employment. The College will identify its senior most Human Resources employee to the Union upon the execution of the Agreement and any time thereafter when there is a change in the senior most Human Resources employee.
D. In dealing with a matter of an Employee’s physical or mental capabilities to carry out their job, the Parties recognize the College’s and the Employee’s rights and obligations under the Americans with Disabilities Act and related state laws on disability.
Article 12: Subcontracting
A. The College shall not contract out bargaining unit work to be performed on College property except where the Chief determines in their discretion as follows:
a. That the work to be performed is beyond the skill and abilities of bargaining unit members; or
b. That the work to be performed is beyond the workload capabilities of the members or is beyond the ability to work safely; or
c. That the contractor has significantly improved techniques, equipment or technology that the bargaining unit members do not possess.
B. Prior to the College contracting out work which will result in the layoff of an Employee, the Union shall be notified 90 days in advance. The College and the Union shall discuss the reasons for the layoff, the availability of similar open positions within the College for which the laid off Employee may be eligible and the availability of any training programs which may be applicable to the Employee.
C. The Parties specifically agree that work being performed by a contract security vendor or any other contractor at the time of ratification shall not be deemed bargaining unit work, and the College reserves the right to hire any vendor of the College’s choosing to perform those or comparable services.
Article 13: Reductions in Force
A. The College will notify the Union of an anticipated layoff in the Department as soon as practicable. Upon request, the College will meet with the Union to discuss the impact of a layoff. The College at all times retains the right to determine the number of Employees and the classifications of the Employees to be laid off.
B. An affected Employee will be given notification of no less than thirty (30) Days of the Employee’s expected layoff.
C. Subject to the College’s operational needs, the College will first lay off any part time Employees prior to laying off full time Employees. If, in the judgment of the College, the documented skills, abilities or performance of the Employees in a classification are equal, the College will then lay off the least senior full time Employee in the affected classification. Such decisions shall not be made in an arbitrary or capricious manner.
D. An Employee who is laid off will be placed on a recall list for two (2) years from the date of termination of employment and will be recalled in inverse order of layoff within the Department if a vacancy occurs in the Employee’s job classification within two (2) years following the layoff and if the Employee is qualified.
Article 14: Licensing and Certifications
An Employee must maintain whatever licenses and certifications that are legally necessary to perform their position. Failure to maintain such licenses and certifications will result in the Employee being subject to discharge. Notwithstanding the foregoing, certification by POST shall be a condition of employment. An Employee’s failure to be certified by POST shall be just cause for termination, and shall not be subject to the grievance and arbitration procedures of this Agreement.
The department will post any required licenses or certifications in the department rules and regulations.
Article 15: Uniforms and Equipment
A. Uniform and equipment requirements are delineated in the Department’s Uniform and Equipment Policy. All Employees are required to abide by this Policy, which may be amended from time to time.
B. All Officers will receive a shoe allowance of up to $200 per fiscal year. An Officer may access this allowance by obtaining proper receipts and submitting a request for reimbursement through the College’s expense reimbursement process. The Department will provide each Officer with four long-sleeve shirts; four short-sleeve shirts and four pairs of pants. The Department will replace any such article of clothing if it becomes unserviceable and is turned in by the Officer.
C. Officers will be required to wear ballistic vests at all times while on duty. The College will purchase such vests at the College’s expense. Officers will not be required to wear vests when working in Dispatch Operations, during in-service training (with the exclusion of Field Officer Training, when vests must be worn), and when an Officer is assigned to teach Department approved courses to members of the Emerson community. Failure to wear such vests while on duty as required by this section will be grounds for disciplinary action.
The Parties agree that it is an Officer’s duty to report any defects in the issued vest to their supervisor in a timely manner, and to inform their supervisor when their issued vest is two months from reaching the end of the manufacturer’s recommended use or life cycle. The College will replace at the College's expense vests damaged or destroyed in the line of duty.
An Officer will reimburse the College for the cost of replacing a vest damaged, destroyed, or lost other than in the line of duty.
Article 16: Performance Evaluations
All Employees will be evaluated in writing on an annual basis in accordance with College policy. Performance evaluations will be placed in the Employee’s personnel file. Such evaluations may be used as part of the consideration for retention of employment, layoffs, filling of vacancies, promotional opportunities, and special assignments such as dignitary escorts.
Article 17: Wages and Professional Incentives
Officer in Charge
A. Effective upon ratification and continuing thereafter, an Officer who is assigned by the Chief (or their designee) to serve as an “Officer in Charge” will receive a 10% differential for those hours when such Officer is carrying out OIC duties.
Wages
A. Effective as soon as practicable following ratification of this Agreement, the wage scale below will be in effect, and Employees will be placed on the wage scale as set forth in Appendix A. Thereafter, Employees shall move on the wage scale as set forth below.
The Employee will be on the Training step from the date of hire in the Department until the Employee (1) has successfully completed all required training, including without limitation required academy training, the FTO/DTO training programs, and (2) is cleared to work independently by the Chief. Once the Employee has met the requirements in (1) and (2), the Employee will move to Step 1.
Step 2 – The Employee will move to this step after the Employee has completed one year of service in the Department as of the date of the increase.
Step 3 – The Employee will move to this step after the Employee has completed two years of service in the Department as of the date of the increase.
Step 4 – For Officers only, the Officer will move to this step after the Officer has completed six years of service in the Department as of the date of the increase.
Step 5 – For Officers only, the Officer will move to this step after the Officer has completed ten years of service in the Department as of the date of the increase.
B. The Chief may, in their sole discretion, place a newly-hired employee at a step rate higher than the Training step rate based on the employee’s prior relevant experience. This provision shall not be subject to the grievance and arbitration provisions of this Agreement.
Patrol Officer
| Current Scale | Current Rate | New Scale | Effective following ratification | Effective 1/1/2024 | Effective 1/1/2025 | Effective 1/1/2026 | |
| Start | $23.50 | Training | $27.68 | $28.37 | $29.08 | $29.80 | |
| Step 1 | $24.00 | Step 1 | $28.91 | $29.63 | $30.37 | $31.13 | |
| Step 3 | $25.00 | Step 2 | $29.94 | $30.69 | $31.46 | $32.24 | |
| Step 5 | $26.00 | Step 3 | $30.67 | $31.43 | $32.22 | $33.03 | |
| Step 7 | $27.00 | Step 4 | $31.48 | $32.26 | $33.07 | $33.90 | |
| Step 10 | $28.00 | Step 5 | $32.60 | $33.41 | $34.25 | $35.10 | |
| Step 12 | $29.00 |
Dispatcher
| Current Scale | Current Rate | New Scale | Effective following ratification | Effective 1/1/2024 | Effective 1/1/2025 | Effective 1/1/2026 | |
| Start | $17.55 | Training | $21.53 | $22.06 | $22.61 | $23.18 | |
| Step 1 | $18.15 | Step 1 | $22.55 | $23.11 | $23.69 | $24.28 | |
| Step 3 | $18.75 | Step 2 | $23.06 | $23.64 | $24.23 | $24.84 | |
| Step 5 | $19.50 | Step 3 | $23.58 | $24.16 | $24.77 | $25.39 |
C. Professional Incentive Pool. For each fiscal year of this Agreement, there will be a professional incentive pool of $10,000 that would be used by the Chief to compensate Officers who take on the following tasks or assignments:
a. Self-Defense: Up to five Officers will receive $600 if they meet the following criteria:
i. Must instruct at least four self-defense courses during the academic year.
- Up to three Officers may serve per course
ii. The compliance period would be from July 1 to June 30.
b. ALiCE
i. Up to five Officers will receive $600 for ALiCE if they meet the ALiCE criteria. The Officer must instruct at least four ALiCE courses during the academic year. Up to three (3) Officers may serve per course.
ii. The compliance period would be from July 1 to June 30.
c. CPR/AED: Up to three Officers will receive $600 if they meet the following criteria:
i. Must instruct at least four CPR/AED Courses during the academic year
1. If class size is 6 or less, there will be one instructor
2. If class size is 7-12, there can be two instructors
3. If class size is over 12, there can be three instructors
ii. The compliance period will be from July 1 to June 30.
d. If one or more of the above programs do not run, the Chief may substitute a different program with its own criteria based on community needs and interests by which Officers can earn comparable professional incentive compensation.
e. Officers may apply to the Chief to work in one or more of these programs. The Chief shall consider such applications and make final decisions as to who shall be assigned to these activities in the Chief’s sole discretion.
f. Any such funds will be distributed to the recipients in a lump sum (minus payroll taxes) in July, as indicated above, once the Chief determines that the Officer has successfully completed the specific task or assignments required as a condition for such incentive compensation. These payments are in the nature of a bonus and are not part of base salary.
g. In addition to regular hourly pay, the Field Training Officer (FTO) or Dispatcher Training Officer (DTO) will receive an additional amount of pay equal to $3.00 per hour for every hour of instruction.
Article 18: Shift Differential
Employees shall receive a 5% per hour differential for any hours worked between 3:00 p.m. and 11:00 p.m.
Employees shall receive a 8% per hour differential for any hours worked between 11:00 p.m. and 7:00 a.m.
Article 19: Safety and Security
Parking: Emerson College will provide bargaining unit employees the same parking benefits that are offered to non-bargaining unit College employees at Grade 8 and above. For Employees who have not elected the College’s parking benefit for Grade 8 or above, the College shall reimburse the reasonable cost of parking during day time hours for any bargaining unit member who works on the night shift and is ordered over their regularly scheduled shift into the day shift. No parking will be paid by the College for regularly scheduled shifts.
Article 20: Court Time
When an Employee is required to attend any judicial or legal proceeding arising out of their duties at ECPD (“court time”) outside their regular shift, the Employee will be compensated at time and one half the Employee’s regular rate of pay. The minimum compensation for such appearance shall be four (4) hours. Notwithstanding these provisions, any Employee who fails to report for court time at the assigned time, unless otherwise authorized by the Chief or the Chief’s designee, will not receive that minimum compensation and will only be paid for the actual time on court time at the Employee’s regular rate of pay. In the event the Employee receives compensation from any attorneys or Parties to a litigation matter, all such sums shall be duly accounted for and returned to the College through the Chief.
Article 21: Retirement and Insurance Programs
A. Retirement Plan and Life Insurance Programs. The College agrees to treat unit Employees the same in all respects as non-represented (non-exempt) staff for the purpose of retirement plan and life insurance programs. The Parties specifically agree that the College may modify these programs in any way, including but not limited to reduction or increase in coverage or altering Employee contributions and payments under these programs. Any such amendment and/or change in the plans encompassed in this Article that the College implements for other non-exempt employees of the College shall apply to Employees covered by this Agreement.
B. Health and Dental Insurance. The College agrees to treat unit Employees the same in all respects as non-represented (non-exempt) staff for the purpose of health and dental insurance. The Parties specifically agree that the College may modify these programs in any way, including but not limited to reduction or increase in coverage or altering Employee contributions and payments under these programs. Any such amendment and/or change in the aforementioned plans encompassed in this Article that the College implements for other non-exempt employees of the College shall apply to Employees covered by this Agreement.
C. Insurance Contracts. It is understood that when the College does not itself operate said insurance programs but maintains policies or contracts with insurance companies which administer these programs, the benefits under such program shall be subject to such conditions and limitations as may be set forth in the policies or contracts of insurance. Any dispute concerning eligibility for or payment of benefits under any such policies or contracts shall be settled in accordance with the terms thereof and shall not be subject to grievance or arbitration under this Agreement.
Article 22: Tuition Benefits
The College agrees to treat unit Employees the same in all respects as non-represented (non-exempt) staff for the purpose of tuition benefits.
The Parties specifically agree that the College may modify the tuition benefit program in any way, including but not limited to reduction or increase in coverage or altering Employee benefits or payments under such programs. Any such amendment and/or change in the programs encompassed in this Article that are implemented for other non-represented (non-exempt) employees of the College shall apply to Employees covered by this Agreement.
Article 23: Days Off and Leave Provisions and Premium Pay for College Closings
A. The College agrees to treat Employees the same in all respects as non-represented (non-exempt) essential staff for the purpose of jury duty, bereavement leave, and all other leave provisions not otherwise covered by this Article, as such may change from time to time.
B. HOLIDAYS
a. “Major ACOPS Holidays” are defined as follows:
- New Year’s Day
- Martin Luther King Day
- President’s Day
- Memorial Day
- Juneteenth National Independence Day
- Independence Day
- Labor Day
- Indigenous People’s Day
- Veterans Day
- Thanksgiving Day
- Christmas Day
Major ACOPS Holidays shall be observed on the Day of the Holiday.
b. Pay for Major ACOPS Holidays.
i. On Major ACOPS Holidays, for Full-Time Employees who do not work, the College will pay them for eight hours at their regular rate of pay (“Holiday Pay”). Regular Part-Time Employees shall not receive Holiday Pay if they are not working on the Major ACOPS Holiday.
ii. For all Employees who do work on a Major ACOPS Holiday, the College will pay them for eight hours of pay at their regular rate plus time and a half pay for any hours worked on the Major ACOPS Holiday.
c. Pay for College Holidays. Subject to the College’s policy, as such may change from time to time, the College may designate a certain Day as a College Holiday. By way of example only, such a College Holiday may be the Day after Thanksgiving.
i. On such College Holidays, for Full-Time Employees who do not work, the College will pay them for eight hours at their regular rate of pay (“Holiday Pay”). Regular Part-Time Employees shall not receive Holiday Pay if they are not working on the College Holiday.
ii. For all Employees who work on College Holidays, they will receive eight hours of pay at their regular rate (“Holiday Pay”), plus regular pay for any hours worked on such days.
d. An Employee who, the Day before or after the Holiday or on the Holiday, (i) is on an unpaid status, (ii) is on an approved leave of absence, (iii) takes any sick time, or (iv) is a no-call no show shall not receive Holiday Pay.
e. Vacation and Personal Time on Holidays
i. Employees who use three Days or less of vacation or personal time inclusive of a Holiday must use vacation or personal time on the Holiday. Employees will be compensated with Holiday Pay on the Holiday and at a regular rate of pay for all paid time off utilized during their days off.
ii. Employees who use more than three Days of vacation or personal time inclusive of a Holiday are not required to, but may use vacation or personal time on the Holiday. Employees will be compensated with Holiday Pay on the Holiday and at a regular rate of pay for all paid time off utilized during their days off.
f. An Employee’s last day of employment cannot fall on a Holiday.
C. VACATION TIME
a. Accrual: Full-Time and Regular Part-Time Employees with regularly scheduled hours of 20 hours or more per week are eligible for vacation time. Regular Part-Time Employees with regularly scheduled hours of less than 20 hours per week shall not be eligible for vacation time. Eligible Employees shall accrue vacation time based on their regularly scheduled hours per week, as follows:
| Length of Employment | Amount of Vacation Time |
| Less than 10 years of service | 1.25 days per month (prorated for regular part-time employees with regularly scheduled hours of 20 hours per week or more) |
| 10 years or more of service | 1.83 days per month (prorated for regular part-time employees with regularly scheduled hours of 20 hours per week or more) |
For purposes of determining vacation time accrual, “day” shall be determined by dividing an Employee’s regularly scheduled hours per week by five.
Employees will stop accruing vacation time at a maximum accrual of 25 days, prorated for Eligible Regular Part-Time Employees.
b. Use:
i. Increments of Vacation Time: Employees must use vacation time in no less than one (1)-hour increments.
ii. The process for selection of vacation time shall be set forth in the Department’s policy, as such may change from time to time. All requests for vacation time are subject to the needs of the Department and management’s approval.
iii. Employees may not use vacation time during the last two weeks prior to their last day of work.
iv. Employees shall be paid for any unused accrued vacation time upon their departure from the College in compliance with applicable state law.
D. Personal time
a. Full-Time and Regular Part-Time Employees with regularly scheduled hours of 20 hours or more per week are eligible for personal time. Regular Part-Time Employees with regularly scheduled hours of less than 20 hours per week shall not be eligible for personal time.
b. Eligible Employees shall receive three paid personal days per year on the anniversary date of their date of hire, pro-rated for eligible Regular Part-Time Employees.
c. Personal days must be taken during the year they are granted. If not used, personal days expire at the end of that year of service.
d. Employees must request personal time in writing on the Department’s form no sooner than 45 Days, and no later than seven Days, in advance of the requested time off, except in exigent circumstances.
e. Personal time must be use in no less than one-hour increments.
f. Employees may not use personal time during the last two weeks prior to their last day of work.
g. Unused personal time is not paid to Employees who leave the College.
E. SICK TIME
a. Accrual
i. Employees with regularly scheduled hours of 20 hours per week or more shall accrue sick time based on their regularly scheduled hours per week, as follows:
| Length of Employment | Amount of Sick Time |
| Less than 5 years of service | 1.25 days per month (prorated for regular part-time employees with regularly scheduled hours of 20 hours per week or more) |
| 5 years or more of service | 2.50 days per month (prorated for regular part-time employees with regularly scheduled hours of 20 hours per week or more) |
For purposes of determining sick time accrual, “day” shall be determined by dividing an Employee’s regularly scheduled hours per work week by five.
ii. Employees with regularly scheduled hours of at least 16 hours per week but less than 20 hours per week shall accrue sick time as follows:
| Length of Employment | Amount of Sick Time |
| Upon hire and as long as Employee works at least 30 days in a year | 1 hour for every 30 hours worked up to a maximum of 40 hours |
b. Accrual Availability and Parameters
i. Employees may begin using sick time upon eligibility, as necessary, and in accordance with this Section E.
ii. Employees must use sick time in 15-minute increments.
c. Appropriate Use of Sick Time
i. Sick time is provided to allow Employees to:
1. Care for the Employee’s own illnesses, injuries or medical conditions (physical or mental health related) that require hospitalization, home care, professional medical diagnosis or care, or preventative medical care.
2. Attend the Employee’s routine medical and mental health appointments.
3. Care for the psychological and physical effects of domestic violence.
4. Employees may use up to 56 hours of accrued sick time per calendar year to care for their child, spouse, life partner, parent, sister, brother, grandparent, and the immediate family of the Employee’s spouse or life partner with illnesses, injuries or medical conditions (physical or mental health related) that require hospitalization, home care, professional medical diagnosis or care or preventative medical care or the routine medical appointments for Employees’ children, spouses or parents. A child is any child who is the biological child of the Employee, who is adopted by the Employee or whom the Employee supervised on a day- to-day basis and for whom the Employee is financially responsible.
ii. Employees who demonstrate a pattern of sick day utilization before or after a weekend, vacation or holidays may be required by their supervisors to provide medical verification of allowable reasons.
iii. Employees may be subject to discipline up to and including termination for inappropriate use of sick time.
d. Notice. An Employee must provide seven days’ advance notice to the Department and the Employee’s supervisor of foreseeable absences, unless the Employee learns of the need to use earned sick time within a shorter period of time. If the absence is not foreseeable, the Employee must provide notice to their supervisor at least two hours before the start of the Employee’s shift. If two hours’ notice is not reasonable due to an accident or sudden illness, notice must be provided as soon as practicable.
e. Documentation of Use of Sick Time. The College will generally require an Employee to submit a doctor’s note or other documentation to support the use of sick time:
i. After five days of consecutive absence due to illness or injury;
ii. if there appears to be an abuse of sick time, unplanned time, or pattern of absences; or
iii. if the absence occurs within two weeks prior to an Employee’s final scheduled day of work.
Required documentation must be submitted within seven days of the absence. Additional time will be allowed for good cause shown.
f. Sick Time and Federal (FMLA) and/or State Leaves. Sick time will run concurrently with Family and Medical Leave Act (FMLA), Massachusetts Parental Leave, Massachusetts Domestic Violence Leave and other applicable state and federal laws.
g. Sick Time and End of Employment. Accrued, unused sick time is not paid to Employees upon termination.
h. Maximum Accrual. Employees may carry a maximum balance of ninety (90) days of accrued, unused sick time. Employees will stop accruing sick time once they have a maximum balance of ninety (90) days of accrued, unused sick time, and may resume accruing sick time if the balance is below ninety hours of accrued, unused sick time.
i. Shared Sick Bank Program. Full-time and Regular Part-time Employees working 20 hours or more per week may participate in the College’s Shared Sick Bank Program under the same terms and conditions as non-represented non-exempt College employees, as such may change from time to time.
F. Leaves of Absence: Accrual of paid time off during unpaid leaves of absence shall be governed by College policy, as such may change from time to time.
G. Winter Break
a. Emerson College typically closes for Winter Break which generally falls between December 24 through January 1. While the majority of the College’s operational units close during this time, the Department remains open and fully operational.
b. Employees who work when the College is closed during Winter Break shall be paid two times their regular rate of pay for hours worked during Winter Break. Notwithstanding the foregoing, pay for Major ACOPS Holidays and College Holidays that fall during Winter Break shall be governed exclusively by Article 23, Section B of this Agreement.
H. COLLEGE CLOSURE
a. An Employee who works when (i) the College President has declared an emergency, (ii) the College is closed, and (iii) non-essential non represented employees do not have to work will be paid for such work at one and one-half times the Employee’s regular rate of pay.
I. SUMMER HOURS
At times, Emerson College has released non-bargaining unit employees early on Fridays during certain weeks in the summer, known as “Summer Hours.” Managers typically have some discretion to administer the Summer Hours in their units to avoid operational problems such as understaffing during critical times for a particular department.
To the extent that in a given year during the life of this Agreement, the College allows managers to give Summer Hours, the ECPD Employees shall receive Summer Hours Time as follows:
An eligible Employee shall be credited with two (2) hours of Summer Hours Time each week that the College provides non-bargaining unit employees with Summer Hours, up to a maximum of twenty-four (24) hours total during the designated Summer Hours Time period. Summer Hours Time shall be prorated for Regular Part-Time Employees with regular hours of 20 hours per week or more. Regular Part-Time Employees with regular hours of less than 20 hours per week are not eligible for Summer Hours.
Eligible Employees may use Summer Hours Time to take paid time off at their regular rate of pay.
Eligible Employees may use Summer Hours Time in eight-hour blocks.
Employees must request to take Summer Hours Time off by using the Department’s method for requesting time off.
Summer Hours Time must be used during the Summer Hours Time period for that calendar year. Any
Summer Hours Time not used by the end of the Summer Hours Time period shall be forfeited.
Summer Hours Time off shall be given as consecutive hours off of the choosing and in the sole discretion of the Chief or the Chief’s designee. Such time off will only be granted in a manner to avoid constituting overtime. The Chief or the Chief’s designee may, in their sole discretion, cancel approved Summer Hours Time off.
In no way does this language obligate ECPD to give this time over the summer; it is effective only if the administration implements Summer Hours for the non-unionized staff of Emerson College during the life of this Agreement.
Article 24: Outside Employment
A. All full time and part time bargaining unit Employees in the Department are considered essential personnel and owe their primary work allegiance to the College. As essential personnel, any such Employee who wishes to engage in outside employment must submit a written request to the Chief who will review the request in accordance with the procedures and provisions of this Article.
B. All full and part time bargaining unit Employees are subject to the College’s Outside Employment Policy and to the provisions of this Article. Any bargaining unit Employee wishing to accept outside employment must first submit a written request to the Chief, indicating:
1. The proposed employer and work location
2. The job title
3. The duties of the position
4. The number of hours per week that the Employee will be working
5. The expected schedule of work
C. In addition to the factors delineated in the College’s Outside Employment Policy, when deciding whether to approve outside employment, the Chief may also take into account in reviewing any request the fact that Department Employees are essential personnel and can consider whether the proposed outside employment might foreseeably compromise or otherwise interfere with the effective and efficient delivery of police services at the College.
D. The Chief reserves the right to order any full or part time bargaining unit Employee to report to the Chief the hours he or she worked at another place of employment on any given date or time period. The Chief reserves the right to check with an Employee’s other place of employment to verify the Employee’s reported hours worked with that employer and to require the Employee to sign any necessary authorization to allow the other employer to provide such verification; provided that the Chief shall not, with respect to an individual Employee, do this more than twice a year.
E. Any Employee who is approved to work outside employment must thereafter promptly inform the Chief when and if there is any change made to the job duties, hours, or schedule of the outside employment. In addition to the Chief’s other rights to revoke approval under the College’s Outside Employment Policy, the Chief may revoke the Employee’s approval for outside employment if the Chief determines that the altered terms of outside employment compromise or interfere with the effective and efficient delivery of police services at the College.
Article 25: Reimbursement of Costs for Training
Emerson College will pay for/reimburse Officers for the renewal of any FID cards or Licenses to Carry Firearms as required by law to maintain their certification.
Any Officer who voluntarily terminates employment with the Department prior to the completion of three (3) years shall reimburse the Department for all costs associated with training, uniforms, and equipment.
The Chief shall provide an approximate listing of such costs to the Officer within the first seven Days of employment, with the understanding that these may change because of circumstances outside of the College’s control, such as mandatory state or local policing regulations or changes in equipment prices.
These costs shall be pro-rated and reduced at a rate of one thirty-sixth (1/36) for each full month from their date of hire as a police Officer with the Department.
Article 26: Bulletin Board
The College will provide space, in the hall way adjacent to the break room for a bulletin board to be furnished by the College, for the posting of notices of Union meetings and related materials. The use of such board shall be restricted to the posting of notices regarding business affairs, meetings and social events of ACOPS Local #13. All notices shall be on Union stationery and signed by an official of the Union. No material shall be posted which is inflammatory, profane or obscene, or defamatory of the College or its representatives, or which constitutes election campaign material for or against any person, organization or faction thereof.
Article 27: Joint Labor Management Committee
There shall be established a Committee to be known as the Labor/Management Committee. The purpose of the Committee shall be to discuss matters of mutual concern to the ECPD Leadership Team and the Union. The Committee will be composed of two members representing the College and two members representing the Union. The Committee will meet quarterly (July, October, January, April); this schedule can be altered by mutual agreement of both Parties. It is understood that said Committee shall not discuss pending grievances.
If an Officer not on duty needs to attend such committee meeting, the Officer will be paid their regular rate for the time at that meeting.
Article 28: Union Business
The College will provide a total of 16 hours of leave time, 8 paid and 8 unpaid, each calendar year to attend the Union’s annual and national meetings. The Union can decide how to allocate these 16 hours. The Union will provide notice to the Chief as to which Officer(s) will attend as soon as possible but no later than 14 Days before the absence.
Article 29: No Strike - No Lockout
A. The Union agrees that during the term of this Agreement, or any renewal thereof, there shall be no strikes, including sympathy strikes, slowdowns, work stoppages, picketing, publicity, banners or advertisements, or any other form of interference or interruption with College operations, by the Union or the Employees.
B. The College agrees that during the term of this Agreement or any renewal thereof, it will not engage in a lockout of Employees.
C. The College may impose disciplinary action, including discharge, upon any or all of the Employees involved in activity that violates this Article.
Article 30: Severability
In the event that any provision of this Agreement in whole or in part is declared to be illegal, void or invalid by any court having jurisdiction over the matter at issue or any administrative agency having jurisdiction or is rendered impossible to perform by a law or regulation, all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect to the same extent as if that provision had never been incorporated in this Agreement and in such event the Parties shall continue to be binding upon such Parties hereto. The Parties shall meet and negotiate regarding the provision declared to be invalid or rendered impossible to perform and a replacement for it where such provision can lawfully be replaced by a substantially similar provision.
Article 31: Effect of Agreement
A. This constitutes the entire Agreement between the College and the Union, arrived at as a result of collective bargaining negotiations.
B. The Parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands with respect to any subject or matter not excluded by law from the area of collective bargaining and that the understandings and agreement arrived at by the Parties after exercise of that right and opportunity are set forth in this Agreement.
C. The College and the Union, for the duration of this Agreement, each unqualifiedly and voluntarily waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any matters or subject referred to or covered by this Agreement or with respect to any matter or subject not specifically referred to or covered by this Agreement, except those required by law, even though such subjects or matters may not have been within the contemplation of either or both of the Parties at the time that they negotiated or signed the Agreement.
Article 32: Duration
Unless otherwise indicated, this contract shall be effect as of February 25, 2023 and shall continue in full force and effect until midnight December 31, 2026 and thereafter from year to year, unless terminated by notice in writing given by either party to the other not less than sixty (60) days prior to the expiration date set forth above, or the end of any subsequent year to the existence of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives this [_____] day of March, 2023. (page 27 of the pdf has signatures)