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Section 1. Provisions Applicable to the Maryland State Police
A. Secondary Employment
The Department will allow the use of safety equipment (specifically side arm, body armor and radio) during
authorized secondary employment.
B. Study Committees
The parties will establish an ad hoc committee as a work group of the LMC to discuss the manpower
staffing per shift at barracks. This committee will also discuss the implementation of a standardized rank
structure at all barracks and the civilianization of existing sworn positions. The Committee shall hold its
first meeting no later than August 1 of each year. Recommendations from the committee will be submitted
to the Superintendent within five months of the ad hoc committee’s first meeting.
The parties agree that the MSP Uniform Committee will meet to develop recommendations for uniform
modernization and improvement. The Committee shall meet on or about August 1 of each year.
Recommendations from the committee will be submitted to the Superintendent.
C. Labor-Management Committee
With regard to the LMC, the Department and SLEOLA will establish and maintain an LMC as follows:
The parties will establish within the Department a joint LMC consisting of five members appointed by
SLEOLA and five members appointed by the Employer. The committee will meet at least monthly except
by majority consent of the committee. It will consider, evaluate, and if in agreement, make
recommendations to and / or advise the Superintendent of State Police and / or his designee with respect
to matters bearing upon the economy, efficiency or other improvement in departmental operations and /
or upon the welfare of its employees whether or not such matters are negotiable. The willingness of the
parties to discuss such matters in the LMC is without compromise as to whether any such subject
constitutes a mandatory subject of bargaining. SLEOLA representatives will be deemed to be in on-duty
status while attending such meetings.
The parties will exchange agenda items at least one week prior to the meeting. The Department LMC
may establish permanent or ad hoc subcommittees. In order to provide for a full discussion of issues, in
addition to the number of representatives described herein, and upon prior notification, the Union may
have up to three Union Representatives who are not on release time attend the LMC meetings. The
Employer may also have up to three additional representatives. Exceptions may be made upon
agreement of both parties.
D. DROP Labor Management Committee
The parties will continue discussions regarding the DROP.
E. State Committees
A SLEOLA representative shall be appointed to all labor-management committees at the State level that
involve wages, hours and other terms and conditions of employment of State employees.
G. Split Shifts
Members of the bargaining units will not be required to work any split shifts except in emergency
situations.
H. Scheduling of Discretionary Overtime
Off-duty overtime assignments (e.g., State Highway Administration construction details, escorts, Motor
Vehicle Administration security, etc.) that are assigned by the Employer, shall be assigned as equitably
as practical. Good faith attempts will be made to equalize overtime opportunities at each installation.
I. Schedule Changes for Educational Purposes
The Employer encourages those employees who wish to pursue further education and / or training in
addition to programs provided by the Employer. Bargaining unit members shall be permitted to trade
shifts and / or days off with the other members in order to attend non-departmental education or training
programs. The trading of shifts and / or days off will be by mutual agreement of the involved employees
and the supervisor who is responsible for maintaining the installation schedule (the scheduling supervisor)
and shall not be unreasonably denied. In the event that an employee seeking to trade a shift is unable to
find another employee with whom he can trade, the employee may request the assistance of the
scheduling supervisor to accommodate a change of shift if it does not adversely impact manpower at the
installation.
J. Take Home Vehicles / Off-Duty Use
The Employer will provide each bargaining unit member a vehicle that is appropriate for the employee’s
duty assignment, for commuting purposes and off-duty use, based on vehicle availability. The Employer
may implement restrictions for off-duty usage but agrees that generally, off-duty use will not be restricted
to less than 25 miles from the employee’s home or work location. This section will not be construed to
limit the Employer’s right to restrict or eliminate off-duty or commuting vehicle use for a specific employee
for disciplinary or performance reasons.
K. Acting Pay
Any employee (the “acting employee”) who is required to assume duties that are normally performed by
an employee of higher rank shall receive pay at the rank that is one grade above the grade that the acting
employee currently occupies. For employees who are assigned to barracks, acting pay will be paid to:
(1) any TFC at any barrack who, in the absence of a Corporal on his / her workgroup, is designated as an
“Acting Corporal” by his / her commander; (2) any Corporal who supervises a workgroup at a barrack
when no Sergeant is assigned to that workgroup; (3) any Sergeant who supervises the Criminal
Investigation Section at any barrack that had a Detective Sergeant in that position on or after January 1,
2010; (4) any Sergeant who assumes the responsibilities of the barrack First Sergeant; (5) any First
Sergeant or Detective Sergeant who assumes the responsibilities of a barrack Lieutenant. Employees
who are not assigned to barracks may be paid acting pay upon written request and confirmation by his /
her commander or director that he / she is in an acting capacity and that request is approved by the bureau
chief. The acting employee shall only receive acting pay if required to assume these duties for at least
20 continuous work days. The employee must meet the minimum requirements for the rank in which
acting capacity pay is authorized. An employee who does not meet the minimum requirements for the
rank in which acting capacity pay is authorized shall not be moved into a position to avoid paying acting
capacity pay. Employees may not be rotated into and out of vacant positions to avoid paying acting pay.
Commanders may not refuse to designate an employee as an acting employee when that employee has
actually assumed additional supervisory responsibilities, normally assigned to an employee in higher rank,
to avoid paying acting pay.
L. Alternative Work Schedules
The Employer recognizes the value of an Alternative Work Schedule (AWS) for both the Employer and
the employee in certain situations. Any commander who believes that a new AWS would be mutually
beneficial to the Department and those employees who would be affected shall submit a proposal to
implement that schedule, through the chain of command to their respective Bureau Chief, and to the Labor
Relations Director for dissemination to SLEOLA. All requests must outline the benefit to the organization
and employees. All employees may be eligible to participate in an AWS when the benefit to the
Department can be clearly demonstrated.
- 1. State Police Barracks- The 10-Hour AWS is the default schedule of all barracks. Management retains the right to establish different work shifts in the event the AWS is determined to have documented negative impact in the future. The proposal to change established shifts will be handled through the midcontract negotiation clause of this contract.
- 2. State Police Installations Other Than Barracks- Installations other than Barracks (e.g., Aviation Command, STATE and Executive Protection) that were working an AWS (other than the AWS described in paragraph 1, above) on or after January 1, 2011 and previously approved by the Superintendent shall be deemed to be permanently working the schedules that were in effect at that time. Changes to those established schedules will only be made with the consent of the majority of the affected employees or as the result of mid-contract negotiations.
M. Schedule Changes
Other than in emergency situations, schedules will not be changed with fewer than 48-hours-notice. In
the event that an employee’s schedule is changed, the employee shall be entitled to Premium Pay for the
duration of the shift that is changed. In the event that an employee’s schedule is changed, the scheduling
supervisor shall, consistent with manpower requirements, make a reasonable attempt to add an additional
day off prior to or following other scheduled days off.
N. “Doubling Back”
For employees working an eight-hour schedule, “doubling back” occurs when the scheduled ending time
of one shift and the scheduled starting time of the next shift are less than 16 hours apart. For employees
working the Alternative Work Schedule (AWS), “doubling back” occurs when the scheduled ending time
of one shift and the scheduled starting time of the next shift are less than 14 hours apart. When doubling
back occurs, an employee shall receive Premium Pay at his / her hourly rate for the second shift worked.
Customary starting times of shifts may not be modified to avoid paying overtime under this section. This
section does not apply: (1) in emergency situations; (2) if the double back occurs as the result of the
affected employee requesting a shift change that results in a double back; (3) if there are fewer than the
required number of hours between shifts as the result of overtime that occurs after the first shift or prior
to the second shift.
O. Court Overtime Fund
The Department will establish a court overtime fund. The purpose of the fund is to provide overtime to
minimize last minute schedule changes or to avoid changing pre-established schedules.
P. Badges
- (1) The employer agrees to continue the practice of providing one badge to each employee at no cost to the employee.
- (2) The employer agrees to allow each employee to purchase an additional badge from the Quartermaster Division.
- a. The employee will reimburse the Employer for the cost of the badge that was paid by the Employer.
- b. The second badge will be tracked as an item of Agency-issued equipment and will be accounted for on each monthly personnel inspection (if applicable). The employee will be responsible for any loss or damage to the second badge and any loss or damage will be reported per MSP policy. Loss or damage that is the result of the employee’s negligence may result in the forfeiture of the purchase price
- c. An employee who is promoted shall be permitted to exchange his / her existing badge for a badge with his or her new rank at no cost to the employee.
- d. Upon separation from the MSP, the employee agrees to return the badge to the Employer and the Employer agrees to refund the original cost of the badge to the employee.
- (3) The employer agrees to continue the practice of providing one retirement badge to each employee at no cost to the employee when that employee retires in good standing. The determination of whether an employee has retired in good standing will be made by the Superintendent and that decision will be final.
Q. Uniform Footwear
Troopers in uniform may wear black boots that are appropriate for law enforcement activities, in lieu of
black shoes, except that troopers will not wear boots when wearing the Class “A” uniform. Boots must be
well-maintained and present a professional appearance. The design and style of the boots to be worn by
troopers will be approved by the uniform committee.
R. Fitness Bonus
The provisions of Article VI, Section 19 are applicable to MSP officers except that troopers hired after July
1, 2015, are required to participate in the annual fitness program.
Section 2. Provisions Applicable to the Natural Resources Police
A. Labor Management Committee
- (1) Will schedule meetings at least monthly with any variance to that schedule being mutually agreed upon by the Union and the Employer.
- (2) An equal number of Union and Employer members will be present at each meeting unless mutually agreed upon by the Union and the Employer prior to the start of the LMC meeting.
- (3) SLEOLA will designate Union representatives from its affiliated organization(s).
- (4) SLEOLA will designate Co-Chair of Committee.
- (5) Members will be deemed in duty status while attending LMC (no overtime).
B. Overtime
Cash overtime employees may elect compensatory time in lieu of cash payment subject to the Employer’s
approval. The Employer agrees to continue the practice of permitting the employee, with the approval of
the Employer, the right to earn compensatory time and cash overtime during the same pay period,
provided that the employee may not earn compensatory time and cash overtime on the same day.
C. Safety and Health
The Employer shall provide the employees with information of potential health hazards to which they may
have routine workplace exposure including communicable diseases and infestations. Information
provided to employees shall include the symptoms of the diseases, modes of transmission, methods of
self-protection, special precautions and recommendations for immunization where appropriate.
- (1) The Employer will make available through Health Insurance, or other means, the testing for exposure to and vaccination for the following occupational diseases: Lyme’s Disease, Rabies, Hepatitis B and HIV.
- (2) The Employer will provide each employee insect repellant and sun block lotion.
- (3) All marked marine outboard vessels will be equipped with adequate sunscreens (e.g., T-tops or canopies).
D. Police Work
The Employer agrees that officers will not be required to do maintenance on vehicles or vessels that is
normally performed by specially trained and / or certified personnel. However, officers will perform prepatrol and safety checks on assigned vehicles/vessels. All vehicles and vessels are to be maintained in
such a manner as to be ready for emergency responses at any time.
E. Uniforms
- (1) The Employer agrees to provide an initial supply of uniforms at no cost to the employee which shall include:
- a. Three Long Sleeve Shirts
- b. Three Short Sleeve Shirts
- c. Three Winter Pants and three Summer Pants (or six Mid-Weight Pants if approved)
- d. Four Long Sleeve Utility Shirts
- e. Four Short Sleeve Utility Shirts
- f. Four Utility Pants
- (2) The Employer agrees that after the first 18 months of employment and upon request, the Employer will provide up to two complete replacement sets (2 pants and 2 shirts) of each of the uniform sets (classes) approved by the agency to wear. If the agency approves the mid-weight pants in lieu of summer and winter pants, 4 pairs will be issued as replacements. All uniform exchanges per year will be at a one for one exchange at no cost to the employee. The Employer may provide additional uniform replacements upon request if there is a need, beyond the standard two sets (e.g., a size change).
- (3) The Employer agrees to continue the practice of providing each employee with three departmental badges: two shirt badges and one flat wallet badge.
- (4) The Employer agrees to have the uniform vendor sew patches, with the exception of the name patch, on the uniforms.
- (5) The Employer shall inspect all body armor annually, and any body armor that is identified to be defective or unserviceable, shall be replaced. Body armor will routinely be replaced in accordance with manufacturer’s specifications. The Employer agrees that the body armor vendor will provide fittings of ballistic vests for employees who request fittings.
F. Alternative Work Days
- (1) An employee may elect to split a shift subject to the approval of his/her supervisor. When the shift is split, the employee will not be paid for any time not actually worked between shifts.
- (2) The Employer agrees that it will consult with the Union before implementing any change to its current policy on flexible shifts. All flexible shift arrangements are subject to supervisor approval.
- (3) Schedules will not be changed to avoid paying overtime for an appearance in court on official duty, unless the employee agrees to the change.
G. Field Enforcement Functions
The Agency LMC will review, as needed, and upon the request of either party the current policy of
requiring employees to work with non-employees or non-sworn police officers while performing field law
enforcement functions. The issues to be reviewed will include, but not limited to, appropriate service
needs, operational needs and safety needs.
H. Secondary Employment
- (1) A law enforcement officer may work not more than 40 hours of secondary employment during a workweek that includes two leave days.
- (2) Employees must be off-duty at least eight continuous hours prior to returning to work a regular NRP shift.
- (3) Regardless of duty status the next day, employees will only work a maximum of 16 consecutive hours when combining a regularly scheduled shift which includes all hours worked and all off-duty secondary employment hours. On non-duty days employees may work a maximum of 16 hours of off-duty secondary employment.
- (4) Officers will report for duty fully rested and alert, capable of performing the essential functions of a Natural Resources Police Officer and other duties as assigned.
I. Take Home Vehicles / Off-Duty Use
The Employer will provide each bargaining unit member a vehicle that is appropriate for the employee’s
duty assignment, for commuting purposes and off-duty use, based on vehicle availability. The Employer
may implement restrictions for off-duty usage but agrees that generally, off-duty use will not be restricted
to less than 25 miles from the employee’s home or work location. This section will not be construed to
limit the Employer’s right to restrict or eliminate off-duty or commuting vehicle use for a specific employee
for disciplinary or performance reasons.
J. Union Pin
The SLEOLA Union pin may be worn on the official uniform with the Employer’s approval.
K. Schedule Changes
Other than in emergency situations, schedules will not be changed with fewer than 48-hours-notice. In
the event that an employee’s schedule is changed, the employee shall be entitled to Premium Pay for the
duration of the shift that is changed. In the event that an employee’s schedule is changed, the scheduling
supervisor shall, consistent with manpower requirements, make a reasonable attempt to add an additional
day off prior to or following other scheduled days off.
Section 3. Provisions Applicable to the Maryland Capitol Police
A. Vacations
With supervisory approval, employees shall be allowed to trade vacations provided 30-days-notice is
given.
B. Personal Days
The Employer shall not request the reasons for the use of personal leave.
C. Labor Management Committee
The parties agree to establish a Departmental level LMC, which will be comprised of up to four Employer
representatives and up to four Union representatives and will meet at least quarterly. The parties agree
that one topic of discussion for the LMC will be the promotional process.
D. Work Related Meetings
The Employer agrees to make a reasonable effort to schedule work-related meetings so employees will
be able to attend while they are otherwise on duty.
E. Call Back Pay
Employees who are called to report to work on their regular day off or who have been recalled to work
after having left the Employer’s premises, shall be guaranteed a minimum of two hours of pay plus travel
time at the regular rate of pay or for actual hours worked at the applicable overtime rate, whichever is
greater. Employees who are currently guaranteed a minimum of pay greater than two hours shall continue
to be paid at the greater minimum. Should the employee be paid for at least eight hours, travel time shall
not be paid.
F. Training
The Employer agrees to provide pepper spray training for all personnel.
G. Union Pin
The SLEOLA Union pin may be worn on the official uniform with the Employer’s approval.
H. “Doubling Back”
For employees working an eight-hour schedule, “doubling back” occurs when the scheduled ending time
of one shift and the scheduled starting time of the next shift are less than 16 hours apart. For employees
working the Alternative Work Schedule (AWS), “doubling back” occurs when the scheduled ending time
of one shift and the scheduled starting time of the next shift are less than 14 hours apart. When doubling
back occurs, an employee shall receive Premium Pay at his / her hourly rate for the second shift worked.
Customary starting times of shifts may not be modified to avoid paying overtime under this section. This
section does not apply: (1) in emergency situations; (2) if the double back occurs as the result of the
affected employee requesting a shift change that results in a double back; (3) if there are fewer than the
required number of hours between shifts as the result of overtime that occurs after the first shift or prior
to the second shift.
Section 4. Provisions Applicable to the Office of the State Fire Marshal
A. Labor Management Committee
An employee who is assigned to the Office of the State Fire Marshal shall be appointed as member of the
MSP Labor Management Committee. This employee shall be selected by the President of SLEOLA.
B. Study Committees
- (1) The parties agree to create Study Committees within the LMC to evaluate:
- a. The OSFM performance evaluation system;
- b. The minimum number of personnel who should be assigned to each OSFM region; and
- c. The eligibility for DSFM II or DSFM Advanced to fill acting vacancies.
- (2) The parties agree to create a Uniform Committee that will finalize the specifications for the work uniform that will be issued to Deputy State Fire Marshals.
Each of the four Committees shall hold its first meeting no later than August 1, 2012. Recommendations
from the committees will be submitted to the Superintendent within five months of the ad hoc committee’s
first meeting.
C. Vehicles
All OSFM vehicles shall be equipped with MSP radios. Vehicles may have repeater units or interoperable
radios, where appropriate, and within the constraints of the OSFM budget.
D. Equipment
- (1) The Employer will make every effort to have laptop computers at each regional office.
- (2) MSP will make time lapse VCRs available to the OSFM on an as needed basis.
E. Training
- (1) The Employer shall provide quarterly in-service training.
- (2) Annual firearms training and qualifications for members of the Office of the State Fire Marshal (OSFM) shall be conducted by instructors who are certified by the Maryland State Police.
- (3) Firearms training shall include the same courses of fire used by MSP sworn personnel and shall include qualification with a shotgun for all members. Whenever possible, OSFM personnel will participate in MSP firearms training classes that are taught by MSP instructors
- (4) The Employer agrees to the creation of an ad-hoc committee to make recommendations to the Fire Marshal regarding police related in-service training for all members.
- (5) The Employer agrees to provide NCIC training. The training will be provided consistent with mission requirements, available training slots and access to METERS terminals.
F. Transfer Requests
Deputy State Fire Marshals will be provided with access to the Transfer area of the Maryland State Police
Data Management System. Deputy State Fire Marshals will be permitted to submit no more than two
transfer requests in the DMS. Transfers between offices will generally be honored in the order submitted;
transfers to positions that require specialized training will be based upon seniority, training, qualifications
and suitability for the position.
G. Filling of Acting Vacancies
Filling of short term acting vacancies will be by rotation among those eligible for promotion to such rank.
H. Schedule
If a work schedule is changed with less than five-days-notice, absent an emergency situation, overtime
shall be paid for such hours. An emergency is defined as a declared State of Emergency, elevated alert
status above yellow, unpredictable events having significant public safety ramifications, tornadoes, floods,
hurricanes, major fires, explosions, WMD events, train derailments and other disasters natural, or manmade. Pre-scheduled events when the State Fire Marshal has more five-days-notice will generally not
meet the definition of an emergency.
I. Staffing
The Employer agrees to provide sufficient manpower to properly accomplish criminal investigations as
determined by the Fire Marshal, or his designee.
J. Uniforms
- (1) Once the parties have agreed to the specific uniform that will be provided in Subsection (B)(2), Study Committees, the employer agrees to provide the following uniforms to all members:
- a.Three sets of BDU-style uniforms (to include long sleeve, two-pocket shirts and pants)
- b.One winter jacket
- c.One baseball-style cap
- d.Other replacement uniforms that may be requested to replace damaged or worn uniforms provided that the damaged or worn uniforms are returned.
- (2) The employer and employee representatives shall develop a plan in the study committee to begin the process of issuing the uniforms beginning no later than January 1, 2013. The issuance of such uniforms may be phased in over the duration of this MOU.
- (3) Upon completing the requirements outlined in subsection (J)(2), above, the employer agrees to provide a Class “A” uniform to no fewer than five employees so they may attend ceremonies and other details and participate in Honor Guard. The study committee shall determine the process to select those members who shall receive Class “A” uniforms.
Section 5. Provisions Applicable to the Maryland Department of Health (MDH) Police
A. Internal Review
MDH will conduct an internal, system-wide clinical operations analysis as to whether the Police
classification series is appropriate for the service that MDH is charged to provide, including the use of
police officers for patient transport, and will include an evaluation of whether federal and other regulations
and requirements permit some option other than the Police classification to perform the services
needed. This review may include consideration of prior reviews and reports related to the MDH police
department. SLEOLA will have an opportunity to meet with the MDH Secretary or designee to discuss
issues of concern regarding the MDH police force. The initial findings will be complete by
9/1/19. SLEOLA will be provided with a copy of the initial findings and will be given a reasonable
opportunity to submit written comments on that initial report. A final report will be completed by 11/1/19. In
the event MDH determines that a shift to a different approach is the best option, both parties will meet to
discuss the effects and phases of that transition.
B. Office
The Employer will provide an office, which is of a size reasonably sufficient to allow employees to perform
their duties.
C. Vehicle
The Employer will provide a State vehicle, when available, for training sessions.
D. Safety
- (1) Only Police Officers will perform police functions. Building Guards shall only:
- a. perform safety check of interior of buildings,
- b. monitor ingress and egress from the building, and
- c. perform safety checks in the parking lots.
- (2) Employees will be provided with a radio capable of communicating with other police agencies.
E. Union Pin
The SLEOLA Union pin may be worn on the official uniform with the Employer’s approval.
F. Portable Radios
As soon as practicable MDH police officers will be issued portable radios that will permit necessary
communication as required by assigned work. MDH will provide SLEOLA with an update on the distribution
of the radios no later than 3/1/19.
G. Law Enforcement Officers Bill of Rights
All MDH Police officers shall be afforded LEOBR protections and all disciplinary actions taken against MDH
police officers shall comply with LEOBR. SLEOLA may represent MDH police officers in accordance with
LEOBR.
H. Police Certifications
MDH shall maintain all MPCTC and MSSPC certifications for MDH police officers, including the provision
of any required in-service training and qualification opportunities.
Section 6. Provisions Applicable to the Department of Labor, Licensing & Regulation Police
A. Merger
Effective July 1, 2019, the police force of the Department of Labor, Licensing & Regulation will be merged
with the Maryland Capital Police.
Section 7. Provisions Applicable to the Motor Vehicle Administration Police
A. Equipment
Police Officers shall be assigned and shall carry weapons.
B. Union Pin
The SLEOLA Union pin may be worn on the official uniform with the Employer’s approval.
C. LMC
The Motor Vehicle Administration Police and SLEOLA will establish and maintain an LMC as follows:
- (1) Will schedule meetings at least quarterly with any variance to that schedule being mutually agreed upon by the Union and the Employer.
- (2) An equal number of Union and Employer members will be present at each meeting unless mutually agreed upon by the Union and the Employer prior to the start of the LMC meeting.
- (3) SLEOLA will designate the Union representatives from its affiliated organization(s).
- (4) Members will be deemed in duty status while attending LMC (no overtime).
Section 8. Provisions Applicable to the Department of Public Safety and Corrections IIU and WAU
The Department and SLEOLA will establish and maintain an LMC as follows:
- (1) Will schedule meetings at least quarterly with any variance to that schedule being mutually agreed upon by the Union and the Employer.
- (2) An equal number of Union and Employer members will be present at each meeting unless mutually agreed upon by the Union and the Employer prior to the start of the LMC meeting.
- (3) SLEOLA will designate the Union representatives from its affiliated organization(s).
- (4) Members will be deemed in duty status while attending LMC (no overtime).
Section 9. Provisions Applicable to the Office of the Comptroller/Field Enforcement Agents
A. The classification of Comptroller Field Enforcement Agent is included in the bargaining unit.
B. The Office and SLEOLA will establish and maintain an LMC as follows:
- (5) Will schedule meetings at least quarterly with any variance to that schedule being mutually agreed upon by the Union and the Employer.
- (6) An equal number of Union and Employer members will be present at each meeting unless mutually agreed upon by the Union and the Employer prior to the start of the LMC meeting.
- (7) SLEOLA will designate the Union representatives from its affiliated organization(s).
- (8) Members will be deemed in duty status while attending LMC (no overtime).[2]
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